In New York, a stepparent adoption is possible, but it’s not automatic just because the other biological parent has been absent. Generally, a child’s other parent must either consent to the adoption or have their parental rights legally terminated. If the parent has abandoned the child—meaning no contact or support for an extended period, typically at least six months—the court may determine that consent is not required.

Every case is fact-specific. Courts will look at whether the absent parent has truly failed to maintain a relationship or provide support. If abandonment can be shown, or if the other parent is willing to voluntarily surrender their rights, your new spouse may be able to move forward with the stepparent adoption process. Because stepparent adoptions involve both family law and adoption law, it’s important to consult with an experienced attorney who can guide you through the process and help ensure your child’s best interests are protected.

If you’re considering a stepparent adoption in New York, speaking with a family law attorney can give you clarity on your options and the steps involved. Contact our office today to discuss your situation and take the first step toward securing your family’s future.