N
NYMOM
Guest
Does this mean that I don't need my son's bio-fathers consent for my husband to adopt my son. BF has not seen my son in 3 yrs nor has he supported him. Do I need to file abandonment charges of some kind?
Who must consent
NEW YORK Dom. Rel. Law § 111, 113
• Both parents if child is born or conceived in wedlock.
• For a child born out of wedlock, the mother and father if he has shown an interest in the child.
• Any person or agency having custody.
• Agency's consent is required if the agency has custody and guardianship of the child, or if both parents are deceased or one parent is deceased and the other parent is not entitled to notice.
Dom. Rel. Law § 111
• A child 14 years or older must consent to the adoption unless the court dispenses with consent.
When consent is not required
Dom. Rel. § 111
The parent:
• Has failed to visit or contact the child for 6 months.
• Has surrendered the child to an agency for adoption.
• Shows intent to forego rights.
• Whose child has a court appointed guardian.
• Is unable to care for the child due to mental illness.
Not addressed in statutes reviewed. Case law implies that consent may be executed any time after the child's birth. Dom. Rel. § 115-b
• For private adoptions, the statute distinguishes between consents executed in court and extra-judicial consents, and details contents required for consents to be valid.
Soc. Serv. Law. § 384
• For agency adoptions, statute details requirements for a valid written surrender.
Dom. Rel. § 115-b
• In a private adoption, consent given in court is irrevocable.
• An extra-judicial consent may be revoked within 45 days.
• Parental consents to private adoptions and surrenders in agency adoptions may be challenged if obtained by fraud, duress or coercion.
CHAP. 830.
SEC 11. Whenever a parent has abandoned or shall abandon an infant child such parent shall be deemed to have forfeited all claim that he or she would otherwise have, as to the custody of said child or otherwise, against any person who has taken, adopted and assumed the maintenance of such child; and in such case the person so adopting, taking and assuming the maintenance of such child may adopt it under the provisions of this act, with the same effect as if the consent of such parents had been obtained. In all cases of abandonment after this act takes effect the person adopting shall proceed under the provisions of this act within six months after he or she has assumed the maintenance of such child; in such case of abandonment, the county judge may make the order provided for in this act without the consent of such parent or parents
Who must consent
NEW YORK Dom. Rel. Law § 111, 113
• Both parents if child is born or conceived in wedlock.
• For a child born out of wedlock, the mother and father if he has shown an interest in the child.
• Any person or agency having custody.
• Agency's consent is required if the agency has custody and guardianship of the child, or if both parents are deceased or one parent is deceased and the other parent is not entitled to notice.
Dom. Rel. Law § 111
• A child 14 years or older must consent to the adoption unless the court dispenses with consent.
When consent is not required
Dom. Rel. § 111
The parent:
• Has failed to visit or contact the child for 6 months.
• Has surrendered the child to an agency for adoption.
• Shows intent to forego rights.
• Whose child has a court appointed guardian.
• Is unable to care for the child due to mental illness.
Not addressed in statutes reviewed. Case law implies that consent may be executed any time after the child's birth. Dom. Rel. § 115-b
• For private adoptions, the statute distinguishes between consents executed in court and extra-judicial consents, and details contents required for consents to be valid.
Soc. Serv. Law. § 384
• For agency adoptions, statute details requirements for a valid written surrender.
Dom. Rel. § 115-b
• In a private adoption, consent given in court is irrevocable.
• An extra-judicial consent may be revoked within 45 days.
• Parental consents to private adoptions and surrenders in agency adoptions may be challenged if obtained by fraud, duress or coercion.
CHAP. 830.
SEC 11. Whenever a parent has abandoned or shall abandon an infant child such parent shall be deemed to have forfeited all claim that he or she would otherwise have, as to the custody of said child or otherwise, against any person who has taken, adopted and assumed the maintenance of such child; and in such case the person so adopting, taking and assuming the maintenance of such child may adopt it under the provisions of this act, with the same effect as if the consent of such parents had been obtained. In all cases of abandonment after this act takes effect the person adopting shall proceed under the provisions of this act within six months after he or she has assumed the maintenance of such child; in such case of abandonment, the county judge may make the order provided for in this act without the consent of such parent or parents