Legal Question in Family Law in New York
Bio Mother Whereabouts Unknown
My husband and I have been raising his 2 and a half year old daughter since she was born. Her biological mother has not seen her for about 24 months. Her whereabouts are ''unknown''. The baby only knows me as her mother. I plan on adopting her very soon. We have questions as to what the best and quickest approach should be.
Our question is how can we go about terminating her bio mothers parental rights if the courts can not locate her? Also once the adoption is finalized will the state put my name on her birth certificate as a parent or as her mother?
1 Answer from Attorneys
Re: Bio Mother Whereabouts Unknown
If a termination of parental rights petition is required to be personally served upon a birth mother and her whereabouts are unknown, an affidavit of a diligent search to locate her can be presented to the appropriate court. If the court is satisfied with what is presented, then the judge will sign an order of publication for a notice to be published in a specified newspaper regarding the court proceedings. An abandonment case can be pursued where the parent has not had contact with the child for at least six months prior to when the application is filed to terminate her parental rights.
I am an adoption attorney and I can further discuss this matter with you in more detail if you are interested. You can email me at: [email protected]
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