New York Relinquishment, Consent, Revocation laws

Who Must Consent:

• Both parents if child is born or conceived in wedlock.
  
• For a child born out of wedlock, the mother and father if he has shown an interest in the child.
  
• Any person or agency having custody.
  
• Agency's consent is required if the agency has custody and guardianship of the child, or if both parents are deceased or one parent is deceased and the other parent is not entitled to notice.
  
  
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Consent of Adoptee:

A child 14 years or older must consent to the adoption unless the court dispenses with consent.

When Parental Consent is Not Needed:

The parent:

• Has failed to visit or contact the child for 6 months.
  
• Has surrendered the child to an agency for adoption.
  
• Shows intent to forego rights.
  
• Whose child has a court appointed guardian.
  
• Is unable to care for the child due to mental illness.
  

When Relinquishment Can Be Signed:

Not addressed in statutes reviewed. Case law implies that consent may be executed any time after the child's birth.

How Relinquishment Must Be Signed:

• For private adoptions, the statute distinguishes between consents executed in court and extra-judicial consents, and details contents required for consents to be valid.
  
• For agency adoptions, statute details requirements for a valid written surrender.
  
  

Time for Revocation:

• In a private adoption, consent given in court is irrevocable.
  
• An extra-judicial (given outside the court) consent may be revoked within 45 days.
  
• Parental consents to private adoptions and surrenders in agency adoptions may be challenged if obtained by fraud, duress or coercion.
  
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.