MATTER OF RAQUEL MARIE X.


76 N.Y.2d 387 (1990)

In the Matter of Raquel Marie X., an Infant. Mr. and Mrs. C., Respondents; Mr. T., Appellant, et al., Respondent. In the Matter of Baby Girl S. Adoptive Parents, Appellants; Natural Father et al., Respondents.

Court of Appeals of the State of New York.

Decided July 10, 1990.


Attorney(s) appearing for the Case

Domenick J. Porco for appellant in the first above-entitled matter.

Richard S. Birnbaum for Mrs. T., respondent in the first above-entitled matter.

Alan D. Scheinkman and Ronald J. Bavero for Mr. and Mrs. C., respondents in the first above-entitled matter.

Richard J. Strassfield, Law Guardian, for Raquel Marie X. in the first above-entitled matter.

Alan D. Scheinkman for appellants in the second above-entitled matter.

Joseph T. Gatti, Burke Probitsky and Paul G. Reilly, Jr., for Natural Father, respondent in the second above-entitled matter.

George Anthony Terzian and Mary A. Clarke for Natural Mother, respondent in the second above-entitled matter.

Kevin C. Fogarty, as guardian ad litem for Baby Girl S. in the second above-entitled matter.

Sue Wimmershoff-Caplan for the Committee for Mother and Child Rights, Inc., and another, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


KAYE, J.

The focus of these appeals, involving the adoption of newborn infants, is Domestic Relations Law § 111 (1), which provides that — while an unwed mother's consent is always required — an unwed father's consent to the adoption of his under-six-month-old child is required only where he has openly lived with the child or the mother for six continuous months immediately preceding the child...

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