My question involves paternity law for the State of: NY
We (myself and my son's donor) are going to court for paternity in NY state. The county wants to get child support for my youngest. His "donor" wants nothing to do with him and has stated this a number of times. The county finally found him and started the paternity proceedings. We have a test set for the 8th of July. He has known about the pregnancy from day 1. We split when I was 6 months pregnant. Since then he kept trying to get me to give up my child (adoption). But I couldn't do it. My son is now 14 months. It took us this long to find him.
Regardless of the fact that he lied about fertility (vasectomy) and keeps refusing responsibility, does the state have the right to force him to keep his paternal rights if he does not want to? My son is on Medicaid.
Also, my SO wants to adopt him. Donor has asked me a number of times if I have found someone to adopt my son, and I told him that SO would, but only if we both knew that he truly wanted to sign off all rights and allow SO to adopt my son. Not until then. SO and I are not married yet, but plan to be.
I know that money is the main reason why Donor wants to sign off. If SO adopts him, will Donor still be responsible for my son financially? Or will he still be responsible for arrears from the application date of the paternity? Would SO be responsible for the past child support that they are trying to get even if SO and I live together?
Thanks so much