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How can my husband and I go about step parent adoption?

Brooklyn, NY |

My son biological father has just agreed to sign over his rights and have my husband to have step parents rights. My son is five years old and I have been married for five years. My son biological father has not been there physically or financially since the birth of my son. I never went for child support. All my son knows is my husband as his father. The biological parent is on the birth certificate and the my son was born in Florida. The biological parent lives in Kentucky. What steps can we make to start this process? Can the biological parent sign his rights without coming to New York? After the process is over how long before we can make a name change?

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Attorney answers 3


Your husband can adopt your son here in NY assuming you meet the residency requirement. The biological father can sign a consent in Kentucky and as long as it is properly notarized the courts here will accept it.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.


This is an example of a situation where a lawyer's skill is needed to coordinate a court case. There is the need to file the appropriate family court petition here and to get the necessary releases in the other state. Then, the case can com together.

Good luck.


This procedure is complex and detailed enough to warrant retaining an attorney, and you should contact one now, while you are formulating your plans.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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