Just learned child isn’t biological mine, am I able to surrender parental rights?
1 attorney answer
If I understand your posting correctly, a child was born approximately four years ago while you were married to the child’s mother. If this is true, then you are legally presumed to be the child’s father, and changing that may be very difficult if not impossible, even if you have since learned through DNA testing that you are not the biological parent. There are many reasons for this based on current New York public policy, including the rights of the child to have stability with regard to their parents. Of course children also have the right to know about their biological parents, and if the biological father of the child is known, willing and available to assume parental responsibility, then there may be a possibility of putting this right. In any event, I suggest you immediately get in touch with a New York family law attorney to discuss your situation in confidential detail and to receive specific advice. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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