[vbscalice]

I have a daughter who is almost 2 and my current husband is the only father she has ever known. Her father on the birth certificate is listed as unknown. We would like to begin adoption proceedings will this be a problem since the father is unknown?

[GV70]

Which state?

[vbscalice]

I am located in Huntington Long Island (New York)

[GV70]

I am located in Huntington Long Island (New York)

NY LAW-I HOPE IT HELPS

§ 111. Whose consent required
. (d) Of the father, whether adult or infant, of a child born
Out-of-wedlock and placed with the adoptive parents more than six months
After birth, but only if such father shall have maintained substantial
And continuous or repeated contact with the child as manifested by: (I)
The payment by the father toward the support of the child of a fair and
Reasonable sum, according to the father's means, and either (ii) the
Father's visiting the child at least monthly when physically and
Financially able to do so and not prevented from doing so by the person
Or authorized agency having lawful custody of the child, or (iii) the
Father's regular communication with the child or with the person or
Agency having the care or custody of the child, when physically and
Financially unable to visit the child or prevented from doing so by the
Person or authorized agency having lawful custody of the child. The
Subjective intent of the father, whether expressed or otherwise,
Unsupported by evidence of acts specified in this paragraph manifesting
Such intent, shall not preclude a determination that the father failed
To maintain substantial and continuous or repeated contact with the
Child. In making such a determination, the court shall not require a
Showing of diligent efforts by any person or agency to encourage the
Father to perform the acts specified in this paragraph. A father,
Whether adult or infant, of a child born out-of-wedlock, who openly
Lived with the child for a period of six months within the one year
Period immediately preceding the placement of the child for adoption and
Who during such period openly held himself out to be the father of such
Child shall be deemed to have maintained substantial and continuous
Contact with the child for the purpose of this subdivision.
(e) Of the father, whether adult or infant, of a child born
Out-of-wedlock who is under the age of six months at the time he is
Placed for adoption, but only if: (I) such father openly lived with the
Child or the child's mother for a continuous period of six months
Immediately preceding the placement of the child for adoption; and (ii)
Such father openly held himself out to be the father of such child
During such period; and (iii) such father paid a fair and reasonable
Sum, in accordance with his means, for the medical, hospital and nursing
Expenses incurred in connection with the mother's pregnancy or with the
Birth of the child.
(f) Of any person or authorized agency having lawful custody of the
Adoptive child.
2. The consent shall not be required of a parent or of any other
Person having custody of the child:
(a) who evinces an intent to forego his or her parental or custodial
Rights and obligations as manifested by his or her failure for a period
Of six months to visit the child and communicate with the child or
Person having legal custody of the child, although able to do so; or
(b) who has surrendered the child to an authorized agency under the
Provisions of section three hundred eighty-three-c or three hundred
Eighty-four of the social services law; or
(c) for whose child a guardian has been appointed under the provisions
Of section three hundred eighty-four-b of the social services law; or
(d) who, by reason of mental illness or mental retardation, as defined
In subdivision six of section three hundred eighty-four-b of the social
Services law, is presently and for the foreseeable future unable to
Provide proper care for the child. The determination as to whether a
Parent is mentally ill or mentally retarded shall be made in accordance
With the criteria and procedures set forth in subdivision six of section
Three hundred eighty-four-b of the social services law; or
(e) who has executed an instrument, which shall be irrevocable,
Denying the paternity of the child, such instrument having been executed
After conception and acknowledged or proved in the manner required to
Permit the recording of a deed.
§ 111-a. Notice in certain proceedings to fathers of children born
Out-of-wedlock. 1. Notwithstanding any inconsistent provisions of this
Or any other law, and in addition to the notice requirements of any law
Pertaining to persons other than those specified in subdivision two of
This section, notice as provided herein shall be given to the persons
Specified in subdivision two of this section of any adoption proceeding
Initiated pursuant to this article or of any proceeding initiated
Pursuant to section one hundred fifteen-b relating to the revocation of
An adoption consent, when such proceeding involves a child born
Out-of-wedlock provided, however, that such notice shall not be required
To be given to any person who previously has been given notice of any
Proceeding involving the child, pursuant to section three hundred
Eighty-four-c of the social services law, and provided further that
Notice in an adoption proceeding, pursuant to this section shall not be
Required to be given to any person who has previously received notice of
Any proceeding pursuant to section one hundred fifteen-b. In addition to
Such other requirements as may be applicable to the petition in any
Proceeding in which notice must be given pursuant to this section, the
Petition shall set forth the names and last known addresses of all
Persons required to be given notice of the proceeding, pursuant to this
Section, and there shall be shown by the petition or by affidavit or
Other proof satisfactory to the court that there are no persons other
Than those set forth in the petition who are entitled to notice. For the
Purpose of determining persons entitled to notice of adoption
Proceedings initiated pursuant to this article, persons specified in
Subdivision two of this section shall not include any person who has
Been convicted of rape in the first degree involving forcible
Compulsion, under subdivision one of section 130.35 of the penal law,
When the child who is the subject of the proceeding was conceived as a
Result of such rape.
2. Persons entitled to notice, pursuant to subdivision one of this
Section, shall include:
(a) any person adjudicated by a court in this state to be the father
Of the child;
(b) any person adjudicated by a court of another state or territory of
The United States to be the father of the child, when a certified copy
Of the court order has been filed with the putative father registry,
Pursuant to section three hundred seventy-two-c of the social services
Law;
(c) any person who has timely filed an unrevoked notice of intent to
Claim paternity of the child, pursuant to section three hundred
Seventy-two-c of the social services law;
(d) any person who is recorded on the child's birth certificate as the
Child's father;
(e) any person who is openly living with the child and the child's
Mother at the time the proceeding is initiated and who is holding
Himself out to be the child's father;
(f) any person who has been identified as the child's father by the
Mother in written, sworn statement;
(g) any person who was married to the child's mother within six months
Subsequent to the birth of the child and prior to the execution of a
Surrender instrument or the initiation of a proceeding pursuant to
Section three hundred eighty-four-b of the social services law; and
(h) any person who has filed with the putative father registry an
Instrument acknowledging paternity of the child, pursuant to section
4-1.2 of the estates, powers and trusts law.
3. The provisions of this section shall not apply to persons entitled
To notice pursuant to section one hundred eleven.
The sole purpose of notice under this section shall be to enable the
Person served pursuant to subdivision two to present evidence to the
Court relevant to the best interests of the child.
4. Notice under this section shall be given at least twenty days prior
To the proceeding by delivery of a copy of the petition and notice to
The person. Upon a showing to the court, by affidavit or otherwise, on
Or before the date of the proceeding or within such further time as the
Court may allow, that personal service cannot be effected at the
Person's last known address with reasonable effort, notice may be given,
Without prior court order therefor, at least twenty days prior to the
Proceeding by registered or certified mail directed to the person's last
Known address or, where the person has filed a notice of intent to claim
Paternity pursuant to section three hundred seventy-two-c of the social
Services law, to the address last entered therein. Notice by publication
Shall not be required to be given to a person entitled to notice
Pursuant to the provisions of this section.
5. A person may waive his right to notice under this section by
Written instrument subscribed by him and acknowledged or proved in the
Manner required for the execution of a surrender instrument pursuant to
Section three hundred eighty-four of the social services law.
6. The notice given to persons pursuant to this section shall inform
Them of the time, date, place and purpose of the proceeding and shall
Also apprise such persons that their failure to appear shall constitute
A denial of their interest in the child which denial may result, without
Further notice, in the adoption or other disposition of the custody of
The child.
7. No order of adoption and no order of the court pursuant to section
One hundred fifteen-b shall be vacated, annulled or reversed upon the
Application of any person who was properly served with notice in
Accordance with this section but failed to appear, or who waived notice
Pursuant to subdivision five. Nor shall any order of adoption be
Vacated, annulled or reversed upon the application of any person who was
Properly served with notice in accordance with this section in any
Previous proceeding pursuant to section one hundred fifteen-b in which
The court determined that the best interests of the child would be
Served by adoption of the child by the adoptive parents.


§ 372-c. Putative father registry. 1. The department shall
Establish a putative father registry which shall record the names and
Addresses of: (a) any person adjudicated by a court of this state to be
The father of a child born out-of-wedlock; (b) any person who has
Filed with the registry before or after the birth of a child
Out-of-wedlock, a notice of intent to claim paternity of the child; (c)
Any person adjudicated by a court of another state or territory of the
United States to be the father of an out-of-wedlock child, where a
Certified copy of the court order has been filed with the registry by
Such person or any other person; (d) any person who has filed with the
Registry an instrument acknowledging paternity pursuant to section 4-1.2
Of the estates, powers and trusts law.
2. A person filing a notice of intent to claim paternity of a child
Or an acknowledgement of paternity shall include therein his current
Address and shall notify the registry of any change of address pursuant
To procedures prescribed by regulations of the department.
3. A person who has filed a notice of intent to claim paternity may
At any time revoke a notice of intent to claim paternity previously
Filed therewith and, upon receipt of such notification by the registry,
The revoked notice of intent to claim paternity shall be deemed a
Nullity nunc pro tunc.
4. An unrevoked notice of intent to claim paternity of a child may be
Introduced in evidence by any party, other than the person who filed
Such notice, in any proceeding in which such fact may be relevant.
5. The department shall, upon request, provide the names and
Addresses of persons listed with the registry to any court or authorized
Agency, and such information shall not be divulged to any other person,
Except upon order of a court for good cause shown.