How to Prove Child Abandonment When Adopting in New York

When adopting, one of the ways parental rights to a child may be terminated is if a party is able to prove abandonment. In this article, we explain how to prove child abandonment when adopting in New York.

A foster parent or relative of a child may be granted custody over such child if the child’s parents have abandoned the child for at least six months before the foster parent or relative filed an adoption petition. Under the relevant New York law, “a child is ‘abandoned’ by his parent if such parent evinces an intent to forego his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child or agency, although able to do so and not prevented or discouraged from doing so by the agency.”

In other words, a child is “abandoned” by her parents when the parents show through their actions that they no longer want the responsibilities that come with being a parent by not visiting their child or communicating with their child when they are able to do so. Therefore, in order to prove child abandonment when adopting in New York, a party needs to have evidence showing that the child’s parents have not communicated with the child and do not intend to do so, even though the parents are capable of doing so. The court has found child abandonment even in cases where the parent has made occasional or limited contacts with the child.

Find it in the New York Consolidated Laws, Social Services Law § 384-b.

Word of Caution — This post is for educational purposes. Adoption issues may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.