Legal Question in Family Law in New York
Adoption of 11 year old
My daughter is now 11 years old and she has not seen her biological father in about 9 years. He is paying support, but has made no attempt to see her. I am getting married in the fall and my future husband wants more than anything to adopt my dughter and change her name to his last name. Does a matter like this need to go through the courts with my ex husband first?
2 Answers from Attorneys
Re: Adoption of 11 year old
My best wishes on you upcoming wedding.
This is a common question. Tye matter must go through the courts under any circumstance. The father must be given notice of the adoption proceeding and an opportunity to contest the action.
If he chooses not to, and probably won't because the adoption will end his obligation for child support, then it will very likely be approved.
Re: Adoption of 11 year old
You first need to discuss this matter with your daughter. At 11, she is old enough to have her own ideas about what she wants.
You also need to discuss the possibility of adoption by your husband (after your upcoming marriage), of your daugher, with her bio father; and ask whether he will consent. It can make the process much easier.
Then, an adoption proceeding will need to be initiated and completed.
Good luck,
Phroska L. McAlister,ESQ
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
