U.S. District Court, Western District of New York Case Summaries:

Daily Record (Rochester, NY), Jun 10, 2008

U.S. District Court, Western District of New York

Adoption Consent

In Re Seasia D.

2 No. 136

Appealed from the Appellate Division

Background: In this contested adoption proceeding, Mr. and Mrs. Anonymous filed a petition in family court to adopt Seasia, a child born out of wedlock on April 1, 2004 to a 14-year-old mother. The issue in this appeal concerns whether there is legally sufficient evidence to support the family court's findings that the extrajudicial surrender by the birth mother was invalid and the biological father, who intervened in the adoption proceeding, met the criteria for consent.

Ruling: The birth father, still in high school, met none of the criteria that would lead to a finding that he assumed legal responsibility for the child. The birth father's family's gestures in this case, such as an offer to take the birth mother shopping for maternity clothes and certain telephone calls, were insubstantial according to the court. The adoption petition is reinstated and the matter is remitted to the family court.

Frederick J. Magovern for the appellant, and Janet L. Brown for the respondent