In New York State, the rights of unwed fathers have long been the subject of complex and often contentious legal battles, especially in the context of public adoptions. Recent amendments to Domestic Relations Law § 111 and Social Services Law §§ 383-c and 384-b, codified under Chapter 828 of the Laws of 2022, represent a significant shift toward fairness and due process. These legislative changes strengthen the ability of unwed fathers to assert their parental rights and challenge the termination of those rights by child welfare agencies.
At the Gilmer Law Firm, PLLC, located in downtown Brooklyn, our family law attorneys are committed to protecting the rights of parents, especially in high-stakes situations involving ACS and foster care placements. This blog will break down what these legislative changes mean for unwed fathers, why they matter, and how our firm can help navigate the complicated landscape of public adoptions and termination of parental rights.
The Old Law: A Presumption Against Unwed Fathers
Under the previous legal framework, unwed fathers faced a steep uphill battle to preserve their rights when a child was placed in foster care. If the father had not been married to the mother, lived with the child, or maintained “substantial and continuous contact”—which was often interpreted to mean financial support paid directly to the foster care agency—he risked having his rights terminated without a hearing.
This created a situation where many fathers, particularly those of color, were excluded from decisions about their children’s futures due to systemic failures. These included lack of notice from agencies and no meaningful opportunity to demonstrate a relationship with their child.
What the New Law Does
Effective December 30, 2022, the amended law expands the category of fathers who must be given notice and whose consent is required before a child in foster care can be adopted. Specifically, consent is now required from:
– Fathers adjudicated as such in a court of law,
– Fathers with a pending paternity petition at the time of the filing for termination,
– Fathers who executed an unrevoked acknowledgment of parentage,
– Fathers who filed a notice of intent to claim parentage prior to the filing of a termination petition.
This means that more fathers now have the full rights of a parent under the law, rather than having to prove a narrow and often impossible set of conditions to prevent the adoption of their child.
Why It Matters
This legislation brings New York law in line with its stated policy of promoting family preservation and reunification. It eliminates the irrational requirement that fathers pay a “reasonable sum” to foster care agencies, often without knowing such payments were necessary.
It also acknowledges that not all parental involvement looks the same—particularly in cases where the child has already been placed in foster care through no fault of the parent.
At the Gilmer Law Firm, PLLC, we have seen firsthand how unjust this system could be. We’ve represented fathers who were shut out of proceedings because they were never told of their child’s placement or of their right to intervene. These reforms give us more tools to fight for our clients.
Legal Advocacy in Brooklyn, NY
Our attorneys work closely with fathers in Brooklyn and throughout New York City to assert their rights in Article 6 custody and Article 10 neglect proceedings, and in termination of parental rights (TPR) hearings. We ensure that our clients are not unfairly excluded and that the new statutory protections are fully enforced.
If you are a father who has been served with notice of a TPR or adoption proceeding—or if you believe your child is in foster care and you have not been contacted—call us today. Time is critical in these cases.
Conclusion
The amendments to New York’s Domestic Relations Law and Social Services Law are a major victory for unwed fathers and a long-overdue step toward a more equitable child welfare system. At Gilmer Law Firm, PLLC, we are proud to stand on the front lines of this progress, advocating for fathers who are too often left behind.
If you or someone you know is facing issues related to child welfare, termination of parental rights, or adoption in New York, contact us today at (718) 864-2011.
