In Matter of Seasia D. v. Mr. & Mrs. Anonymous , wanted to adopt Seasia D., an infant born out of wedlock, who had been surrendered by her 14-year old mother.
After the child's biological father filed a challenge, the Queens County Family Court found the "extrajudicial surrender by the birth mother was invalid" because she had done so "under duress," and the father had been denied an opportunity to consent to the surrender. On appeal, the Appellate Division, Second Department, affirmed.
When the case reached the New York State Court of Appeals, it held that because Seasia's mother was in favor of her child's adoption, and never claimed to have been "forced to surrender" the child, the record didn't support the lower courts' findings.
Furthermore, our state's highest court noted that in order for Seasia's biological father to have been in a position to "consent," he must have promptly asserted his rights and needed to demonstrate "an ability and willingness to assume custody" within six months prior to the child's adoption. Since those standards weren't met in this case -- "the record was replete with excuses for his paternal lapses" -- the Court of Appeals reinstated the Anonymous's adoption petition.
Who says it isn't great to be Anonymous?
To download a copy of the Court of Appeals' decision, please use this link: Matter of Seasia D. v. Mr. & Mrs. Anonymous