In Re Adoption of Matthew D

In Re Adoption of Matthew D, 31 AD3d 1103 [4th Dept. 2006] is instructive on whether a biological father's consent to an adoption is required. In that case, the Court held that the biological father was a consent father where the biological mother had frustrated his efforts to become involved with the child, and that the biological mother never told him that she intended to place the child for adoption because she knew that he would try to prevent her from doing so, and that she decided to deliver the child in a hospital where he would be unlikely to find her and assert his rights (Matthew D., 31 AD3d at 1105). The majority held that the lower court properly found that the credible evidence established that the biological father timely manifested his willingness and ability to raise the child (Id. at 1104). Moreover, the majority found that "the record supports the Surrogate's determination that the biological father did everything possible to manifest and establish his parental responsibility' (Id.)." Significantly, the Court noted that the biological father publicly acknowledged his paternity from the outset of the pregnancy, and that he repeatedly expressed willingness and desire to raise the child and that he reasonably and sincerely believed that the biological mother would not surrender the child for adoption (Id. at 1104, 1105).