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Father's Consent May Not Be Required for Adoption
After reviewing the facts regarding an unwed father's interest and involvement in his child's welfare, a New York family court held that a child care agency had met its burden to prove the father's consent was not needed to the adoption of his out-of-wedlock child. Matter of Baby Boy C, Family Court, Kings County, NY, March 2003.
A child protective agency filed a petition for adoption of a child placed in foster care 2 weeks after he was born. At first, the agency claimed both the mother and father had abandoned and neglected the child. Later, it dropped the abandonment charges against the father and alleged his consent was not needed under New York
Domestic Relations Law. The court reviewed the facts and the law, acknowledging that the mother had abandoned the child to foster care after 2 weeks. It cited cases interpreting the relevant statute and stated that in the instant case, consent for adoption of the child may be dispensed with only when the agency is appointed guardian under the statute. The agency may obtain lawful authority to consent to the child's adoption, stated the court, only where the child's natural guardians' consent is not required because the parent failed to manifest the necessary interest in the child so as to be able to exercise the right to consent.
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