Legal Question in Family Law in New York
Third Party Adoption
I have been asked to be the father of two children for a lesbian couple residing in New York City. Both women want me to be an active parent in the childrens lives, just like a father in a traditional marriage. However, both women want to legally adopt the child that the other gives birth to. Is it legally possible for them to do so without me having to give up paternity rights? Basically, we want all three of us to have the same legal rights as parents for both children.
If the answer to the above question no, is there another alternative to accomplish the same outcome? For example, can I give up my paternity rights so they could legally adopt, and then the three of us enter into some kind of legally binding contract that essentially gives me paternity rights to both children?
We are desperately trying to figure this out, any information or direction you could provide is greatly appreciated.
2 Answers from Attorneys
Re: Third Party Adoption
This is a very complex new world we live in!
A child can have only 2 parents at one time. In addition, a parent's rights will always take precedence over that of a guardian. So making you the guardian will not solve the problem of 'equal parenting rights'.
You can give up your rights as a parent, but not your responsibilities. You will still have a support obligation until the child is adopted.
The solution is for you to be a full parent and the 2 women to establish the non-adopting parent as an 'interested person' or step-parent. (Step parents have very limited rights, but they are recognized as interested persons.)
You are welcome to a consultation for no fee. Email is best tto make an appointment.
Re: Third Party Adoption
I have not heard of a situation where three people have parental rights. In addition, so you know, if you are a parent, you pay child support. If you give up your parental rights, you will not have rights to visitation. In your interest, you must tailor an agreement to your goal - should you wish to be involved with decision making, and have authority, you must be a parent and not give up rights. However, if you don't want to be financially liable, you should relinquish parental rights.
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