My husband was listed as father on the birth certificate but he's not the biological father — what does this mean for adoption in New York?

In New York, the man listed on the birth certificate is the legal father — period. Biology is secondary to what the legal documents state.

The legal principle:

• When a woman is married, her husband is presumed to be the father and is automatically listed on the birth certificate
• This presumption creates a legal father-child relationship regardless of biology
• The legal father's rights must be addressed for any adoption to proceed

If your current husband (listed on the birth cert) wants to remain the father:

There is no need for adoption — he is already the legal father. His name is on the birth certificate and he has full parental rights.

If you've divorced and remarried, and your new husband wants to adopt:

Your ex-husband (the legal father from the birth certificate) must either:

• Consent to the adoption (voluntarily terminate his rights), OR
• Be found to have abandoned the child (6+ months no contact under N.Y. Dom. Rel. Law § 111(2))

Does the biological father have any rights?

Generally, the biological father who is NOT on the birth certificate has limited standing in New York. The judge may, in rare circumstances where the court becomes aware of a biological father, consider his rights — but this is uncommon.

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