Sunday, January 26, 2014

Do I need to be married in order for my boyfriend to adopt my daughter?

Q:  My daughter is 7 years old. I have been with my boyfriend for 5 years and we have a child together. My daughters father has been very sporadic with his visits and in the last month has been emotionally abusing her. She has been in counseling (because of this situation) and when he found out he was enraged. He told me and her that she is not to speak to anyone about him and demanded that she be taken out immediately.. He has now said that he spoke to his lawyer and wants to know if he signs away his rights will my boyfriend adopt her. My bf treats my daughter like his own and she tells me quite often she wishes he was her "real" dad. Do I have to be married in order for this to happen? We plan on getting married in the near future, and If we do have to be married we will immediately.

A:  David's Answer:  No, you do not need to be married. The biological father can execute a surrender to allow the adoption to proceed. Speak to a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (

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