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Adoption
Will my deceased husband still be a legal parent after our adoption petition?

Will my deceased husband still be a legal parent after our adoption petition?

Q: How can my husband adopt my child with no father on birth certificate?

If there is no father listed on the birth certificate, your husband can still adopt your child. You will need to file a petition for adoption and provide proof of the biological father's absence or rights termination. The court will assess the situation and determine if the adoption is in the child's best interest.

Q: How long do I have to be married for my husband to adopt my child?

In New York, there is no specific duration of marriage required for a stepparent adoption. However, the court will consider the stability of the family and the relationship between the stepparent and the child. It is essential to demonstrate that the adoption is in the best interest of the child.

Q: Can my stepdad adopt me if I'm 30?

Yes, a stepparent can adopt an adult in New York. However, the process is less common and typically requires consent from the adult being adopted. The court will also need to determine that the adoption serves the best interest of the parties involved.

Q: What to do if your partner doesn't want to adopt?

If your partner is unwilling to adopt your child, you can consider alternative options. You may choose to proceed with the adoption alone if you are the biological parent. It's important to communicate openly with your partner about the benefits and implications of adoption to reach a mutual understanding.

Full question:

My husband and I live in New York City. We had filed for a petition with the adoption agency for adopting a child which is due next month but my husband died of heart attack last week. Since my husband and I were the two parties to the petition for adoption, will my husband still be considered as the legal parent of the adoptive child?

Category: Adoption
Date: 04/07/2025
State: New York

Answer:

In New York, if a petition for adoption is filed by two parties and one party dies before the adoption is finalized, this situation is considered a change in circumstances. The adoption will still proceed if it is in the best interest of the child. The death of one adoptive parent does not invalidate the adoption or require a new petition. The deceased adoptive parent is still regarded as a legal parent unless the surviving adoptive parent requests otherwise. This is outlined in NY CLS Dom Rel. § 113-a.

In your case, your husband may still be recognized as the legal adoptive parent of the child.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What if my husband wants to adopt my child?

If your husband wishes to adopt your child, he can file a petition for adoption in New York. Both biological parents must consent to the adoption, unless the other parent’s rights have been legally terminated. The court will evaluate whether the adoption is in the child's best interest. If all conditions are met, your husband can become the legal parent of your child through this process.