When Parental Consent Is Not Needed for Adoption in New York:
Citation: Dom. Rel. Law § 111
Consent shall not be required of a parent or of any other person having custody of the child:
- 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 6 months to visit the child and communicate with the child or person having legal custody of the child, although able to do so
- Who has surrendered the child to an authorized agency
- For whose child a guardian has been appointed
- Who, by reason of mental illness or mental retardation, is presently and for the foreseeable future unable to provide proper care for the child
- Who has executed an instrument, which shall be irrevocable, denying the paternity of the child
oh.... found this from a lawyer...
"As a New York family law attorney, I have been asked this and similar questions more times than I can count. In practical terms, parental rights may be "given up" at will, parental responsibilities may not. As a legal matter, these go hand-in-hand and a court order is required for termination. Most courts are loathe to terminate a parent's rights unless and until there is another adult who is ready, willing and able to fill the void. If there is not such a person in your child's life, then the best course of action would be to seek supervised visitation that the interaction between your daughter and her father, however infrequent, can be monitored to ensure your daughter's well being. Also, child support is not only a duty of the parent it is also a right of the child. Consequently, it is not for you to simply waive it because the father isn't a great guy. On the contrary, it is your responsibility to do all that you can to see that child support is paid as it should be. You cannot make the father be a good parent, but you can, at least to some extent, make him accept his financial responsibilities related to his daughter. I suggest you take the time to have at least a brief consult with a local attorney so you can review all your rights, options and obligations pertaining to your daughter and her future. Sometimes a telephone consult can provide you with sufficient information to plan for the future. Good luck!"