Nassau County Stepparent Adoption Lawyer
If your spouse has a child from a previous relationship, you may wish to legally become that child's parent. Adopting your stepchild isn't only a compassionate gesture, but also a smart legal move. Relative adoption is a simpler process when compared to other forms of adoption, but there are still challenges. There's plenty of paper work to complete, and you may have difficulty getting the other birth parent to consent to the adoption.
If you're looking to streamline the stepparent adoption process and get legal parental rights, contact an experienced New York adoption attorney. The Law Offices of Paul A. Boronow, PC has experience handling stepparent adoptions. We can help make sure your rights are protected every step of the way.
Understanding the Stepparent Adoption Process in New York
When a birth parent gives consent to an adoption, they give up their parental rights to the child. This means that they will no longer have enforceable, court-ordered visitation rights or custody rights. They will not have the right to make legal decisions on the child's behalf either. The only reasons why a birth parent may agree to a stepparent adoption are if it's in the best interests of the child, or they want relief from paying child support. Getting consent for the adoption can be difficult unless the biological parent is no longer actively involved in the child's life.
Lack of Consent from Birth Parent
If the other birth parent is unreachable or refuses to give consent, there are ways around it. One option is to prove in court that the parent has abandoned the child. You will need to show that they haven't been in contact with the child, and haven’t exercised parental rights in any way. You should have success in your adoption if the parent hasn't had contact with the child for a year or more, or made financial support payments during that time.
Another option is proving that the absent parent is not the presumed father. You are only the presumed father in New York if you are married to the mother at the time of birth, or by being the legal father listed on the child's birth certificate. If you can show that the other parent isn't the presumed father, the court can move to end his parent rights and go on with your stepparent adoption without consent.
Legal Rights and Options in Stepparent Adoption
Thanks to recent changes in the law, same-sex couples can now participate in stepparent adoptions as well. Same sex couples have the same rights and legal options as traditional couples. As long as you can get consent from the birth parent, or prove in court that they are absent, you should be able to follow through with the adoption. The best way to streamline the adoption process is to work with a New York family law attorney. Before filing any paperwork, contact an adoption attorney who can guide you through the legal proceedings.
Call the Law Offices of Paul A. Boronow, PC. at (516) 227-5353 to find out how we can help you.
More questions about Stepparent Adoption?
Call us today at 516-227-5353 for a free consultation
Dedicated. Compassionate. On Your Side