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Matter of Baby Boy C.

Protective agency must prove natural father's consent to child's adoption is not required.

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Judge Elkins

Matter of Baby Boy C. — The petitioner, Episcopal Social Services, a child protective agency, filed a petition pursuant to Social Services Law ¡384-b subd. 4[b], alleging that the respondent mother abandoned the subject child. Initially, the petition also alleged that the respondent father, Douglas B., abandoned or permanently neglected the child, within the meaning of Social Services Law §384-b subd. 4[b] and 7[a]. The petition alleged in the alternative that the respondent father’s consent to an adoption was not required, pursuant to Domestic Relations Law §111. The petitioner withdrew the abandonment and permanent neglect counts against the father, and proceeded on the allegation that the respondent father’s consent to adoption was not required. For the reasons stated herein, the court placed on the petitioner the burden to prove that the father’s consent to adoption was not required.

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