http://www.adoptionsolutions.com/general/state%20laws/ny_law.htm
New York Adoption Statute Summary
New York Domestic Relations Law Sections 109 to 117 and New York Social Services Law 372 to 373 (1997)
Who Can Adopt?
Any adult unmarried person or an adult husband and wife jointly may adopt. Any adult married person who has been living separate and apart from his/her spouse for 3 years as long as the person being adopted is not deemed the child or stepchild of the nonadopting spouse. A minor spouse may adopt his or her own, or the other spouse's child which was born either in or out of wedlock. In an agency adoption, the judge or surrogate when practicable must give custody only to persons of the same religious faith as that of the adoptive child.
Who Can Be Adopted?
Any person can be adopted.
Consent to Adoption
Consent to the adoption is required of the following parties:
1. both natural parents of a child conceived or born in wedlock;
2. the mother of a child born out of wedlock;
3. the adoptee who is over 14 years of age, unless the judge waives this consent;
4. the person or agency having custody of the child;
5. the father of a child born out of wedlock, if he has maintained substantial and continuous or repeated contact with the child as demonstrated by
payment of child support and
visitation of the child at least monthly when permitted and financially able to do so, or regular communication with the child or agency having custody of the child when permitted and financially able to do so; and
6. the father of a child born out of wedlock who is under 6 months of age at the time he is placed for adoption, who has lived continuously with the child or the child's mother for 6 months before the adoption and who held himself out to be the father.
Consent is not required of a parent when
1. the parent evinces an intent to forego parental rights by failing, for a period of 6 months, to visit and communicate with the child;
2. the parent has given the child up to a child-placing agency;
3. a guardian has been appointed for the child;
4. the parent is mentally ill or mentally retarded and is unable to, now or in the future, provide proper care to the child; or
5. the parent has executed an instrument denying paternity or consenting to the other parent's surrender of the child.
In the case of a private placement adoption, once a judge has acknowledged consent to the adoption it is irrevocable. In accepting such consent the court must advise the parents of their right to counsel and supportive counseling. If the consent has not been executed or acknowledged before a judge it may be revoked within 45 days after its execution.
