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CABAN v. MOHAMMED

77-6431.

441 U.S. 380 (1979)

CABAN v. MOHAMMED ET UX.

Supreme Court of United States.

Decided April 24, 1979.

Attorney(s) appearing for the Case

Robert H. Silk argued the cause and filed briefs for appellant.

Morris Schulslaper argued the cause and filed a brief for appellees.

Irwin M. Strum, Assistant Attorney General, argued the cause for the New York State Attorney General as amicus curiae urging affirmance. With him on the brief were Louis J. Lefkowitz, Attorney General, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Warren M. Goidel and Neil S. Solon, Assistant Attorneys General.*

MR. JUSTICE POWELL delivered the opinion of the Court.

The appellant, Abdiel Caban, challenges the constitutionality of § 111 of the New York Domestic Relations Law (McKinney 1977), under which two of his natural children were adopted by their natural mother and stepfather without his consent. We find the statute to be unconstitutional, as the distinction it invariably makes between the rights of unmarried mothers and...

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