In Matter of Vanessa Ann G.- L. v. Calvin L. L. , Calvin sought custody of his daughter Vanessa who, upon birth, was immediately removed from her mother's care and placed with foster parents. About a year later, when paternity was established, Calvin paid child support and was allowed supervised visitation.
When Calvin petitioned for custody, the foster parents filed suit to strip Calvin of his paternal rights due to permanent neglect. Shortly thereafter, Vanessa's mother died, and Vanessa's foster parents argued that Calvin's consent to Vanessa's adoption wasn't needed because he didn't establish paternity until a year after she was born.
After the Nassau County Family Court agreed with the foster parents' position, Calvin appealed to the Appellate Division, Second Department, which found that a state law -- Domestic Relations Law ยง111(1)(d) -- requires paternal consent when a non-marital child is placed for adoption more than six months after birth, and when the father has maintained a relationship with the child and paid support.
In this case, the parties didn't dispute Calvin did everything he could to be a part of his child's life, one he learned of her existence. Thus, the AD2 concluded, his consent to the adoption was required.
Nothing was coming between this baby and her Calvin.
To download a copy of the Appellate Division's decision, please use this link: Matter of Vanessa Ann G.- L. v. Calvin L. L.