Legal Question in Family Law in New York

Adoption by step-parent.

I had a child out of wedlock 6 years ago. I brought the father to court and gained sole custody of my son when he was 1 1/2. The father has been absent for 5 years now, and has not made contact with us. There is an order of support in place, but I haven't recieved anything in years. My fiance wants to adopt my son after we are married, what needs to be done? Since I have sole custody and the biological father has been absent for so long, what is the procedure? Thanks!!


Asked on 8/13/06, 10:08 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Adoption by step-parent.

After your marriage, your husband may file to adopt your child. All NOtices required to be served upon the natural father, whether on his actual person or by publication, MUST be duly and properly served. Follow all court requirements for the adoption process, to conclusion.

Good luck,

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Answered on 8/14/06, 11:11 am


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