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New York Adoption Questions & Answers
1 Answer | Asked in Immigration Law, Adoption and Family Law for New York on
Q: How to resolve USCIS citizenship claim with missing N-634 pages?

In 1994, my U.S. citizen parent filed an N-634 application for me, their adopted child, who arrived in the U.S. in 1987 on an IR-4 visa. The adoption was finalized a year later, while I was still a minor. Recently, USCIS has claimed that I am not a U.S. citizen because the application supposedly... View More

James L. Arrasmith
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answered on Oct 23, 2025

You resolve this by pinning down whether you already acquired citizenship by operation of law or only through the 1990s application. Start by fixing the legal date: if you were under 18 on February 27, 2001, were a lawful permanent resident living in the legal and physical custody of your U.S.... View More

2 Answers | Asked in Adoption, Domestic Violence, Elder Law, Legal Malpractice and Family Law for New York on
Q: Legal action for forced elderly adoption to protect rights and finances.

I am concerned about potential legal violations involving an attorney who allegedly forced my elderly mother into adopting her husband (also an attorney) so they could adopt a child and take control of her finances. Adoption papers for the adult male were signed under duress, and my mother was... View More

Stephen Bilkis
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answered on Oct 20, 2025

I am very sorry that your family is experiencing this troubling situation. It is deeply concerning when an elderly person may have been coerced into signing legal documents, especially if those actions involve potential financial exploitation or manipulation by individuals in positions of trust,... View More

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1 Answer | Asked in Adoption, Domestic Violence, Elder Law, Legal Malpractice and Family Law for New York on
Q: Legal actions against attorney forcing elder into adoption and financial control.

I am concerned about potential legal violations involving an attorney who allegedly forced an elder adult into adopting her husband (also an attorney) for the adoption of a child and to take control of the elder's finances. Adoption papers for the adult male were signed, and the elder was... View More

James L. Arrasmith
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answered on Oct 7, 2025

This situation raises serious concerns about **coercion, elder exploitation, and legal misconduct**, especially if the attorney used threats or manipulation to gain control over the elder’s finances and personal decisions. Forcing an elder to sign adoption papers under duress, particularly when... View More

1 Answer | Asked in Adoption and Family Law for New York on
Q: How to fix birth certificate after adoption in Puerto Rico in 1984?

I was adopted in Puerto Rico in 1984, but my lawyer never sent the paperwork to correct my birth certificate to reflect my adopted last name. When I tried to obtain my birth certificate, it did not show any changes with my adopted last name. I have requested the adoption sentence from Puerto Rico,... View More

James L. Arrasmith
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answered on Sep 17, 2025

Once you receive the adoption decree or sentence from Puerto Rico, that document will be your key proof that your name should be updated on your birth certificate. The next step is to contact the Puerto Rico Demographic Registry (Registro Demográfico) to request a formal correction of your birth... View More

2 Answers | Asked in Adoption, Child Support and Family Law for New York on
Q: Impact of adoption on court-ordered child support in New York.

I have court-ordered child support payments for my children. My ex is planning to have her husband adopt them, but the adoption process hasn't started yet. We don't have any custody agreements in place. I talk to my children when possible, but my ex and I might be going our separate ways... View More

Stephen Bilkis
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answered on Sep 5, 2025

I can understand why you want clarity on how adoption would affect your child support obligations, especially since you are already paying under a court order and there are discussions about your ex’s husband adopting the children. These kinds of changes can have a significant financial and legal... View More

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2 Answers | Asked in Adoption, Child Support, Estate Planning, Probate, Public Benefits and Family Law for New York on
Q: Legal concerns about identity and receiving inheritance in New York

I was born in Bronx, NYC, in 1988 and adopted in 1994. My current birth certificate has my first name in all caps, and my last name has three asterisks after it. My social security number seems to be from South Carolina. I’m concerned about whether this is legal and if I might have two... View More

Stephen Bilkis
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answered on Jun 26, 2025

I'm so sorry you're dealing with this confusing and stressful situation. Questions about identity, adoption, and inheritance can be deeply personal and legally complex, especially when records appear inconsistent.

In New York, once an adoption is finalized, the adopted individual... View More

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1 Answer | Asked in Adoption, Child Custody, Gov & Administrative Law, Identity Theft, Family Law and Consumer Law for New York on
Q: Seeking details about my past adoption and sealed identity records in NY.

I was born in Bronx, NY, in 1988 and was taken away from my mother by child services at a young age. I lived with an aunt before being placed in foster care, and was later adopted. I haven't received any records or documents from child services, but I was told my mother was addicted to drugs.... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you're searching for is deeply personal and incredibly meaningful. You’ve lived with unanswered questions for a long time, and wanting to know the truth about your past, your name, and why you were taken from your mother is not only natural—it’s your right. It’s hard when those... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: Can a biological mother with a history of absence and drug use block an adoption by my wife?

I have had sole custody of my daughter for over 6 years, granted when she was 2 years old. My wife is now trying to adopt her, but the biological mother, who has been absent, with no contact and in and out of prison with a history of drug use, refuses to consent to the adoption. What are the... View More

Peter Christopher Lomtevas
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answered on Jun 1, 2025

The chances are very great that the biological mother will eventually obtain access to her child. This assertion is based on the general policy of the family court to preserve family relations as best they can though they frequently fail miserably.

Otherwise, we would need to review the... View More

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1 Answer | Asked in Adoption, Immigration Law and Family Law for New York on
Q: Can an adopted individual born in Guatemala obtain a U.S. Certificate of Citizenship?

I was born in Guatemala and adopted by U.S. citizen parents in 2001, with the adoption and a second-parent adoption being recognized by the U.S. and completed in New York State. I currently hold a U.S. passport, a social security card, and a New York State-issued birth certificate. I am now 23... View More

James L. Arrasmith
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answered on Apr 1, 2025

Yes, you can obtain a U.S. Certificate of Citizenship. Based on the information provided, you very likely acquired U.S. citizenship automatically through the Child Citizenship Act of 2000, which went into effect on February 27, 2001. Your U.S. passport is already evidence of your citizenship... View More

1 Answer | Asked in Adoption and Family Law for New York on
Q: How can I proceed with adopting my nephew, and what forms are needed for the process in New York?

I have had sole custody of my nephew for nearly 10 years after my sister lost custody due to neglect. I would like to adopt him and change his last name to mine and my husband's. My sister, the biological mother, is uninvolved and lives in a different county, and there is no biological father... View More

James L. Arrasmith
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answered on Apr 13, 2025

To begin the adoption process for your nephew in New York, you will need to complete the adoption packet provided by the family court. Since you have had sole custody of your nephew for nearly 10 years, you likely meet the residency and care requirements for adoption. The forms you will need to... View More

2 Answers | Asked in Adoption, Family Law and Child Custody for New York on
Q: Can a former foster parent obtain parental rights or access to a child now returned to their biological parents?

I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More

Stephen Bilkis
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answered on Mar 25, 2025

I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for New York on
Q: I'm 16 right now, turning 17 on August 4th of this year. Can I leave on August 5th?

The police and CPS have not been able to help my family situation, and it's to the point where I will go insane if I can't get out. I have a safe place to go, and jobs lined up, and I know that in New York, sometimes 17 year olds have more freedom than in other states. My only other... View More

Michael J Stachowski
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answered on Feb 13, 2025

The simple answer is yes The law in New York I. Parent child family Court proceedings is a person in need of Supervision or a PINS petition. The court does not have PINS jurisdiction over a 17 year old. Therefore no mechanism exists to supervise a 17 year old by his parents. Thus you can move... View More

1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Family Law for New York on
Q: Can a parent petition to have a level 2 sex offender’s parental rights terminated when bio child wasn’t involved in case

Ex 32 (at the time of conviction) raped and impregnated a 15yr old child. He was sentenced to jail time and because of that has no relationship with my child. (He was only awarded letters to send at my discretion to give)(I offered my child the letters and they declined them so they are boxed up).... View More

Peter Christopher Lomtevas
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answered on Jan 7, 2025

A parent can petition for anything he wants at any time he wants. The problem will always be to get what the parent wants.

Initial custodial orders (typically for mothers) are based on a rather broad spectrum of behaviors toward the child. There is the daily caretaking, the education,... View More

1 Answer | Asked in Family Law and Adoption for New York on
Q: How can someone surrender their baby to me in NYC?

A friend of ours, who resides in the Bronx and is an immigrant, has expressed her intention to place her unborn child for adoption with my husband and me. We live in Suffolk County, NY. She has not yet given birth. Could you please provide guidance on the legal steps we need to take for this... View More

Peter Christopher Lomtevas
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answered on Jan 4, 2025

The asker seeks an adoption proceeding in family court. The problem will be that the surrendering mother will require the biological father's consent. A family court judge will not readily sign off on adoption papers in the absence of the child's biological father.

Once all adults... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for New York on
Q: How do I get my child returned to me from nys foster care?

I have done what the county has asked. I have gotten repeat evaluations for substance abuse and mental health. All have said no treatment needed. The caseworker has told false information to service providers about me. She has also attempted to create a diagnosis with a counselor I had never met... View More

Peter Christopher Lomtevas
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answered on Nov 14, 2024

Aside from a general political overview, there is little to say in response to this question. Politics drive the protection of children. This means the federal government pays each state of the union to prosecute bad mothers. Mothers are presumed to be bad and in need of "services" until... View More

2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

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2 Answers | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: Injunction lawyers on civil liberties Jo

On a federal court order

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More

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2 Answers | Asked in Family Law, Adoption, Child Custody and Juvenile Law for New York on
Q: Do I need to go to court to take my 17 year old sister with me to Florida from NY?

I’m moving to Florida with my husband and kids from NY. My 17 year old sister wants to move wit us. My mom agreed but I’m not sure what I would have to do in order to take her. I’m not sure if i need to get court papers since she will be 18 in a year. She’s home schooled.

Howard E. Knispel
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Howard E. Knispel
answered on Jun 19, 2024

If she needs to register for school before 18, you need to be her legal guardian.

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1 Answer | Asked in Family Law and Adoption for New York on
Q: I'm wanting to pursue an adult adoption in Buffalo New York but I do not live in the state of New York.

I heard that there were residency requirements for the person doing the adoption.... The person I'm adopting lives in Buffalo.

Tim Akpinar
Tim Akpinar
answered on May 19, 2024

An adoption attorney could advise best, but your question remains open for three weeks. If you haven't spoken with an attorney by now, one option is to reach out to attorneys, where you could supplement your searches with the "Find a Lawyer" tab above and the referral sections of... View More

2 Answers | Asked in Family Law, Adoption and Child Support for New York on
Q: Can my adopted Mom kick me out since I’m 19 now?

I was adopted when I was a preteen. My mom is a single woman, it’s just her, my 4 biological siblings and I in the house. Ever since I turned 18, my mom has been advocating that I need to be out on my own. She has “kicked me out” multiple times, the longest only lasting a month. As time goes... View More

Norka M. Schell
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answered on Feb 9, 2024

In the state of New York, parents have a legal obligation to provide support for their adopted children until they reach the age of 21. This means that even when a child turns 18, parents are still required to provide financial assistance for their education, medical expenses, and other necessities... View More

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