Legal Question in Family Law in New York
adoption
I am recently married. I have a 15 year old son who has never had contact with his natural father. His natural father has signed papers stating he will never contest any adoption. I have lost contact with him and moved out of state. With these papers, my husband and I would like to go ahead and proceed with adoption proceedings. Can I assume that this will be an easy process given I have these papers signed by his natural father? I have no idea where he is. He has never seen the child nor paid any support. My current husband has raised my son since infancy. Is an attorney necessary to go ahead with these proceedings?
2 Answers from Attorneys
Re: adoption
I would never assume that the adoption of a child will be an easy process. The Court is not required to honor your ex-husband's waiver and will likely require an additional effort to locate him.
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Re: adoption
1. His prior agreement is not sufficient. The court will require an attempt to locate him.
2. Necesary, no. Prudent, yes.