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Paternal Rights During an Adoption

March 22, 2016

In New York, the biological father of child born out of wedlock has the right to be notified of an adoption. However, only under certain circumstances will his consent to said adoption be required.  Generally, a biological father’s consent must be obtained if the following circumstances hold true:

  • For a child under the age of six months, if
    • He lived openly with the child or his/her mother for a period of six months before placement; and
    • He openly held himself out as the child’s father; and
    • He has provided financial support towards the cost of the child’s birth and/or mother’s pregnancy in accordance with his means
  • For a child over the age of six months if
    • He has provided financial support in accordance with his means; and
    • Visited regularly with child when physically and financially able to so*; or
    • Communicated regularly with the child or the child’s primary caregiver when physically and/or financially unable to visit*

*Unless prevented from visiting or communicating with the child by the custodial parent or legal guardian of the child

If you any questions, please call us at 716-636-7600 and one of our attorneys will be happy to speak with you.