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Adoption
Do I need consent from birth parents to adopt my brother's adopted son?

Do I need consent from birth parents to adopt my brother's adopted son?

Q: How long after a baby is born can you give it up for adoption?

You can give a baby up for adoption immediately after birth. However, the laws regarding consent and revocation can vary by state. Some states allow birth parents to change their minds for a certain period after signing consent. It is advisable to consult with an adoption attorney to understand the specific laws in your state.

Full question:

I wanna adopt my brother’s adopted son. Do I need the consent of the child’s birth parents to adopt him from my brother?

Category: Adoption
Date: 04/07/2025
State: New York

Answer:

In New York, you can readopt a child who has already been adopted without needing consent from the child's birth parents. According to NY CLS Dom Rel § 111, an adoptive child may be readopted directly from their adoptive parents in the same way as from their birth parents. While the consent of the birth parents is not required, the judge may ask for notice to be given to them at their discretion.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I adopt my brother's son?

Yes, you can adopt your brother's son, but the process will depend on whether he is already adopted by someone else. If he has been adopted, you would need to follow the legal procedures for adoption, which typically involve obtaining consent from the current adoptive parents. If he is not adopted, you can proceed with the adoption process as you would for any child. It's best to consult with a family law attorney to understand the specific requirements in your state.

How long after birth can you give a baby up for adoption?

In most states, a birth parent can place a baby for adoption at any time after birth. However, some states have specific time frames for revoking consent to adoption. It's important to check the laws in your state to understand the process and any time limits that may apply. Consulting with an adoption attorney can provide guidance tailored to your situation.

How long after a baby is born can you give it up for adoption?

Can someone adopt me without my parents' permission?

In general, if you are a minor, you typically need parental consent for adoption. However, if you are over a certain age, the requirements may vary by state. Some states allow minors to consent to their own adoption under specific circumstances. It's important to consult with a family law attorney to understand the laws applicable to your situation.

How late is too late to put a child up for adoption?

There is no specific cutoff for placing a child for adoption, but the process can become more complex as the child grows older. Many states prefer adoption to occur as early as possible, especially for infants. If you are considering adoption, it's best to consult with an adoption attorney to understand your options and any legal implications.

Can a child be adopted without mother's consent?

In most cases, a mother's consent is required for adoption. However, there are exceptions, such as if the mother is deemed unfit or if her rights have been terminated by a court. The laws vary by state, so it is essential to consult with a family law attorney to understand the specific requirements and circumstances under which a mother's consent may not be necessary.