Legal Question in Family Law in New York

My son and his girlfriend are pregnant (due in Feb. 2014) planning on getting married in Sept. 2014. If he is named on the birth certificate as the father and the baby has his last name... does he have to do anything after they are married like adoption ? Is there a difference if they are married before or after the baby is born?


Asked on 7/20/13, 11:47 am

2 Answers from Attorneys

Daniel Scott Daniel U. Scott, Esq.

A biological father never has to adopt his child regardless if married to the mother. His Parental Rights don't come from marriage but rather just being the biological father. All he needs to do is make sure he is listed on the birth certificate as the father.

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Answered on 7/20/13, 11:53 am
Anne Peyton Bryant Bryant & Bleier LLP

The rights inherent in marriage a numerous. It is better to be married or at a minimum have a cohabitation agreement. She needs an attorney.

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Answered on 7/20/13, 1:08 pm


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