The biological father is not on the birth certificate at all — can my husband adopt in New York?

Yes, and this often makes the process simpler. When no father is listed on the birth certificate, the adoption in New York has fewer hurdles.

Scenario 1: Father's identity is truly unknown

• The court can proceed without identifying or notifying a father
• No consent or abandonment proceedings needed for an unknown father
• This is the simplest path

Scenario 2: You know who the father is, but he was never listed

• The court may require a good-faith effort to notify him
• If he cannot be located, service by publication satisfies the requirement
• If he never established paternity legally, his rights may be minimal
• If he has had no contact for 6+ months, abandonment applies

Scenario 3: The father is known but chose not to be listed

• Similar to Scenario 2 — his legal rights depend on whether he ever established paternity
• A father who never acknowledged paternity, never sought custody, and has been absent has very limited standing

In New York:

• Filed in Family Court or Surrogate's Court
• Residency: 0 months required
• Timeline: 3-6 months
• Child consent: Age 14+ (N.Y. Dom. Rel. Law § 111)

Indicate this on the questionnaire and we prepare all documents accordingly. Cost: $349. Call (855) 924-0450 with questions.