Caban v. Mohammed Case Brief

Facts of the Case

N.Y. Dom. Rel. Law § 111 granted an unwed mother the authority to block the adoption of her child simply by withholding her consent, but did not give an unwed father a similar right. The unwed, natural father of two children challenged the constitutionality of the New York statute after a New York Surrogate granted, without the father’s consent, a petition to adopt the children by their natural mother and her present husband. The natural father had in fact resided with the mother for several years, was identified as the father of the children on their birth certificates, had contributed to their support, and had maintained consistent contact with the children after separating from the mother. The New York Supreme Court, Appellate Division, affirmed the Surrogate’s grant of the adoption petition, and the New York Court of Appeals similarly affirmed.

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CONCLUSION

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Case Information

Citation: 441 US 380 (1979)
Argued: Nov 6, 1978
Decided: Apr 24, 1979
Case Brief: 1979