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This may be a long post (I apologize in advance)
I have a 21 mos old son that my fiance would like to adopt after our wedding, my son has only known him as his father. The bio Dad was in his life for less than 2 mos (from age 2 weeks until 2 and a 1/2 mos) he has not showed for 3 paternity tests that were ordered and has spent the greater part of my sons life in prison. He has been out roughly 6 months now and has refused to answer any phone calls, emails or anything of the like.
My questions is, will it be necessary for him to submit to a paternity test prior to my sons adoption. I would like to think on abandonment alone that his parental rights would be terminated, if not I would like to think he would sign them over but again he wont respond to a paternity test.
I am in NY state, (not the Burroughs)
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I'm no expert but in our situation there were 2 potential fathers. Both were notified by our attorney and they were given a time frame in which to respond (depending on the laws of your state). In one instance we only had a first name. By law a notice needed to be put in the paper for 30 before termination could occur. No one came forward and rights were terminated.
I would think he would only want a paternity test if he DID NOT want his rights terminated and wanted to pay child support etc. There are some states where the abandonment will terminate the rights.
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