Legal Question in Family Law in New York
stepparent adoption
I have a 5 month old daughter, her real father is signing off all rights, my new husband want to adoped her. There is no fathers name on the birth certificate. Can I just add my husbands name and apply for a new birth certificate or what legal action do I need to take.
Asked on 4/10/02, 7:58 am
1 Answer from Attorneys
Jonathan J. Braverman
Jonathan J. Braverman, Attorney & Mediator
Re: stepparent adoption
Your husband has to obtain an Order of Adoption.
You will then get be given a new birth certificate, showing your husband as the father.
The procedure you suggested would be a fraud and would give your husband no legal rights in case of an emergency.
My office is in Mineola, across the street from the Surrogate's Court. For more information, please call me to schedule a confidential attorney / client consulation. (516) 741-7799
Answered on 4/10/02, 8:11 am