Legal Question in Family Law in New York
Adoption
My friend has a four year daughter who rarely sees her father. He lives right down the road from her and can't bother to call, come see her or anything. He has never been listed on the birth certificate either. From the time my friend got pregnant until her daughter was two years old, the biological father has always said that's she is not his child. My friend has been with a wonderful man and they are planning on getting married, but not for about two more years. This man loves her daughter and will gladly adopt her today! The biological father was mentally and physically abusive through their whole relationship. When their daughter was two she was in her car seat and knowing this, the biological father backed his car right into my friends car and just missed hitting the baby. Is there any way that her fiance can legally adopt this little girl before they get married? She doesn't think she should have to get the biological father to sign off parental rights since he's never wanted to be on the birth certificate.
1 Answer from Attorneys
Re: Adoption
There is no legal way to allow your friend's boyfriend to adopt this child without the biological father, whose name is on the birth certificate, signing off on the adoption and giving up his rights.