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:
- State: New York
Answer:
In New York, an earlier adopted child may be readopted directly from such child's adoptive parents in the same manner as from its birth parents. The consent of the child’s birth parents is not required in such cases. It is covered under NY CLS Dom Rel § 111 which reads:
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5. An adoptive child who has once been lawfully adopted may be readopted directly from such child's adoptive parents in the same manner as from its birth parents. In such case, the consent of such birth parents shall not be required but the judge or surrogate in his discretion may require that notice be given to the birth parents in such manner as he may prescribe.
***”
5. An adoptive child who has once been lawfully adopted may be readopted directly from such child's adoptive parents in the same manner as from its birth parents. In such case, the consent of such birth parents shall not be required but the judge or surrogate in his discretion may require that notice be given to the birth parents in such manner as he may prescribe.
***”
So you can go along with the adoption process since the consent of the child’s birth parents is not required.
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.
