§ 641 Jurisdiction over adoption proceedings

If you want to adopt a child in New York, you have a choice of where to file your case. You can bring your adoption case to either the family court or the surrogate's court. Both courts have the power to handle these cases, so you don't have to worry about picking the "wrong" one.

This matters because it gives families more flexibility. Depending on your situation, one court might be more convenient or familiar to you than the other. The rule that governs how adoptions actually work, like who can adopt and what steps are needed, comes from a different law (the domestic relations law). This rule just makes clear that either court can hear your case and make decisions about it.