MTR OF HEMINGWAY v. OTVOS


120 Misc.2d 253 (1983)

In the Matter of John H. Hemingway, Petitioner, v. Richard Otvos et al., as Parents and Natural Guardians of Penny Otvos, Respondents.

Family Court, Onondaga County.

June 16, 1983


Attorney(s) appearing for the Case

Lucien Ali for respondents. Thomas F. Pasqua for petitioner.


EDWARD J. McLAUGHLIN, J.

Under the present New York statutory scheme a putative father of a child is free to file a petition seeking an order of filiation regardless of whether the child has been surrendered to an authorized agency. By surrendering the child to the authorized agency, the father gives up whatever rights he may have with regard to the child. He does not, however, surrender his privilege to bestow benefits upon the child through asserting...

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