Legal Question in Family Law in New York

Step parent adopting your child

If your childs biological father has been out of the picture for some time. How long before your new spouse can adopt your child? If they can't, how old does a child have to be to legally change their name?


Asked on 7/25/03, 3:03 pm

2 Answers from Attorneys

Seth Kaufman Seth M. Kaufman

Re: Step parent adopting your child

If the biological father does not try to be involved within a few months after birth, the court will likely determine that he waived his right to object to the adoption. Please call me at 212-367-9167 if you wish to discuss this further.

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Answered on 7/26/03, 11:51 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Step parent adopting your child

The step-parent may make a petition to adopt the child at any time. The biological father is given 'legal notice' of the petition and, as you have suggested will happen in this case, rarely contends the petition. Therefore, it is usually granted. The percentage of adoption petitions that are granted is very high. And the percentage of petitions granted by default even when the biological father is known is almost as high. The drafting of adoption documents is not complex (but it is voluminous) And it is not expensive. I would be happy to discuss your petition. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 7/25/03, 3:25 pm


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