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P. Simmons
P. Simmons, Lawyer
Category: Family Law
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Experience:  16 yrs. of experience including family law.
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My daughter is 17 months and her biological father is not in

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My daughter is 17 months and her biological father is not in her life nor does he make child support payments. My fiance and I have been together for 3 years and He wants to adopt my daughter however, we do not want to be married. Is there a way you can adopt a child without being married. My daughter only knows him as her father why not legalized it that way. Or can I get the biological father to sign his rights away in New York state?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Yes, its possible...but I suspect an uphill battle. You have two hurdles

1. You need to get dad to agree to give up his rights

2. You need to convince the court to allow your fiance to adopt

The court can allow the fiance to adopt, but its MUCH easier if your married...the court is much more likely to approve the adoption if you and your fiance are actually married.

So possible? Yes. You would need to have a local attorney file and present the request to the NY family court and they will determine if its in the child's best interest to allow adoption by a "fiance"
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