Legal Question in Family Law in New York
adopting stepchild through marriage
i am a mother of two children, one child is not my fiances. we plan to get married soon. how do i go about having my fiance legally adopting my son and taking his last name? the biological father has never been in my sons life and on his birth certificate under father its written unknown. thank you for your time. cheryl
2 Answers from Attorneys
Re: adopting stepchild through marriage
Congratulations on making a good new start. I hope your fiance will have a wonderful relationship with his now step-son and future adopted son!
The legal part is not difficult, but the actual father may be a problem. The father's input will depending on the age of your child; the older the child, the less input. The child gets more input on the decision the closer he gets to 18.
If the father is not around, then he must be given 'notice' of the situation. That means 'legal notice' and not real notice. If you do all the right things, then he is given legal notice even if he never finds out. In that case, you (the mother) get to make the decision without his input.
Let me know more about the situation and I can give you more information.
Re: adopting stepchild through marriage
You will need to file a petition in Family Court and you will need to provide notice or obtain the consent of the biological father. If you would like further assistance on this matter, you can call my office at 518-383-1182 to schedule a consultation.
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