HI, I have a 4 yr old daughter Ive been married for 2 years. My husband wants to adopt her. He has been in our lives since she was 9 months old. Lately however, her having a different last name is causeing issues. We teach her my husbands last name but she legally has her biological fathers name. Her father signed the birth certificate, pays child support and had court imposed visitation rights that he hasn't followed through with since her birth. We have virtual no communication but I am able to get in touch with him if necessary. I want to know where I can get all the necessary information/paperwork so my husband can formally adopt my daughter. I want to send it to her biological father so he has all the facts and can make an adequate decision. We live in NYS.

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Originally Posted by question2008

HI, I have a 4 yr old daughter Ive been married for 2 years. My husband wants to adopt her. He has been in our lives since she was 9 months old. Lately however, her having a different last name is causeing issues. We teach her my husbands last name but she legally has her biological fathers name. Her father signed the birth certificate, pays child support and had court imposed visitation rights that he hasn't followed thru with since her birth. We have virtual no communication but I am able to get in touch with him if necessary. I want to know where I can get all the necessary information/paperwork so my husband can formally adopt my daughter. I want to send it to her biological father so he has all the facts and can make an adequate descision. We live in NYS.

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I wouldn't try this without an Attorney. Basically if the father is in agreement he would legally agree to a termination of his parental rights and your husband would adopt the child. No problem with you contacting the biological father first but sometimes an Attorney's letter to the effect that child support would end, past support would not be pursued, does the trick better than you can, particularly if there is any level of hostility between you.

If you use the "search" feature above - next to the AMHD logo (the lighbulb) - you will find literally hundreds of similar questions.

Yes, this is one of the things that will need a attorney. But first, you need to see ( perhaps ask) if he will sign over his rights to allow the adoption.
If he will, then get the attorney to do the paper work, if not, there is not a lot that can be done.