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tlc5022 · Nov 20, 2009, 08:19 AM

My daughter is six years old and will be seven this march. Her biological father has never neeb in her life nor has ever paid child support. My husband has been the only father my daughter knows. He would like to adopt her and we are wondering if I need to try and find her absent father to give up his rights. His name is not on the birth certificate neither. He was never even around during the pregnancy.

In the state of NY isn't it if any parent is absent in a child's life for I believe 5 years they give up all rights?

How much would the adoption be?

Please help me.

Thank you in advance for your help!

JudyKayTee · Nov 20, 2009, 08:40 AM

Adoption cost varies according to which Attorney you use, just like any other service. Find someone who specializes. Your local Bar Association will recommend an Attorney if you do not know one.

"New York law requires that the child's parents both consent to the adoption, unless:

1) The parent has failed to visit and communicate with the child for six months.
2) The parent is mentally ill or mentally retarded and is unable to care for the child.
3) The parent has surrendered to an authorized agency under social services law.
4) The parent's child has had a guardian appointed under social services law.
5) The parent has executed an instrument, which is irrevocable, denying the paternity of the child."

Termination of Parental Rights and Step-Parent Adoption | Rochester Family Lawyer

ScottGem · Nov 20, 2009, 09:13 AM

First, please pay more attention to posting rules. There is a Read First sticky at the top of the Adoption forum (where this was moved from) that directs questions of a legal nature to this forum.

What Judy posted are guidelines. Family courts are very reluctant to terminate a parents rights especially without their knowledge. They are more likely to require that you make a reasonable effort to get the father to voluntarily relinquish.

tlc5022 · Nov 20, 2009, 09:18 AM

Judy thank you so much. You have answered my questions. The father has been absent the entire life of my daughter (7 years).

I was hoping I didn't have to go through a lawyer because it wouldn't be a fight because he is absent and never been apart of her life.

I need to find a lawyer at a reasonable rate.

Scott- Thank you so much. I will use her response as a guide line. Do you have any further advice for me?

ScottGem · Nov 20, 2009, 09:47 AM

Get a lawyer. The lawyer will advise you what you need to do. The lawyer will know the local judges so know what the courts will allow.

tlc5022 · Nov 20, 2009, 10:06 AM

Thank you once again.

JudyKayTee · Nov 20, 2009, 02:22 PM

Originally Posted by tlc5022

Judy thank you so much. You have answered my questions. The father has been absent the entire life of my daughter (7 years).

I was hoping i didnt have to go through a lawyer due to the fact that it wouldnt be a fight because he is absent and never been apart of her life.

I need to find a lawyer at a reasonable rate.

Scott- Thank you so much. I will use her response as a guide line. Do you have any further advice for me?

You need an Attorney just to make sure things are accomplished properly, orderly and with finality.