Clifton, NJ asked in Adoption and Family Law for New York

Q: So my sons biological father hasn’t seen him in a year can I file for abandonment? Or can my fiancé just adopt my son?

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Family Law Lawyer
  • Commack, NY
  • Licensed in New York

A: Neither. Without the biological father's permission it is nearly impossible to do an adoption. You need to get the biological father to agree and sign a waiver to get your fiancee to adopt.

1 user found this answer helpful

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Family Law Lawyer
  • Garden City, NY
  • Licensed in New York

A: Abandonment is only available in a Neglect Proceeding filed by DSS, it is not available to be used by one parent against another. Adoption can only be done with the consent of the father if he is alive.

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