Legal Question in Family Law in New York

Re: Birthfather attempting to be recognized

You are leaving out a lot of needed information. Where was the birth of the child, where was the adoption, was the adoption sanctioned by the court, etc. are very important questions.

Generally, the law in New York regarding a biological father's right to revoke consent for adoption may be found in In Re Nicky.

In that case the Court held that with respect to right of natural parent to revoke a "consent" in private adoption, "if the consent is acknowledged before court and court advises natural parent of consequences of the consent, the consent becomes irrevocable then and there, but if consent is not acknowledged before court and consenting instrument so advises, consenting parent has 30 days to revoke the consent and, if not revoked, it becomes irrevocable." Re Nicky (1975) 81 Misc 2d 132, 364 NYS2d 970.

I can give you some hope to the second part of your question. Most court records are open to the public. There are exceptions (Matrimonial, some Criminal, Family Court). If I had more information (why you want the records), I may be able to help. If not, a good private investigator should be able to help you locate the records.

Re: Birthfather attempting to be recognized

You would have a difficult time being added the the birth certificate now because the original birth certificate is sealed. The one that is recognized is the one with the adoptive parents' names on it. In addition, the laws back in 1964 were different then they are now. Giving up your rights as a parent required less paperwork. The reason for your inquiry is vital to the advice we would give you past this point. Good luck.