Legal Question in Family Law in New York
In New York, if I am married and my unborn child is not my husbands, is he able to adopt without the biological fathers consent if the biological father is not registered through the putative father registry? Is there a deadline that the biological father needs to meet after the child is born in order to deny consent? And would the adoption of the child by my husband terminate his rights?
I am not seeking judgement, just answers. There are reasons I do not believe the biological father to be a fit father such as being involved with illegal substances as a way of another income. That isn't a safe atmosphere for a child. But that isn't something I would ever be able to prove in a day at court.
1 Answer from Attorneys
Under the law a child born of a marriage is presumed to be the child of that parent. If you put your husband's name on the birth certificate this should suffice, since there is no court ordered DNA test and you are not requesting one.