In re Ryan Paul L.
Opinion of the Court
Order unanimously affirmed, without costs. Memorandum: The issue raised on this appeal is whether petitioners (the natural mother and her husband) may proceed with the adoption of the infant without the consent of respondent natural father of the child. After an extended hearing, Family Court determined that they may. We agree.
Domestic Relations Law § 111 (2) (a) provides that in an adoption proceeding "[t]he consent shall not be required of a parent * * * who evinces an intent to forego his or her parental or custodial rights and obligations as manifested by his or her failure for a period of six months to visit the child and communicate with
The petition seeking the dispensation of respondent’s consent to the adoption was filed on July 26,1984. For 20 months prior thereto, respondent had no communication with his son and did not attempt to communicate with the boy for 17 months prior to the petition. That respondent made attempts, after the filing of the petition herein, to exercise rights of visitation long before accorded and consistently ignored is of no moment. "Abandonment, as it pertains to adoption, relates to such conduct on the part of a parent as evinces a purposeful ridding of parental obligations and the foregoing of parental rights — a withholding of interest, presence, affection, care and support” (Matter of Corey L v Martin L, supra, p 391; see also, Matter of Amy SS., 64 NY2d 788). Clear and convincing evidence of parental abandonment exists on the record before the court which is more than sufficient to meet the statutory standard (Domestic Relations Law § 111 [2] [a]). (Appeal from order of Onondaga County Family Court, McLaughlin, J. — adoption.) Present — Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.