Matter of Carrie GG

In Matter of Carrie GG, 273 A.D.2d 561 [3rd Dept. 2000], a child protective agency filed a petition alleging that the father's consent to adoption was not required, or in the alternative seeking to terminate his parental rights upon grounds of abandonment under Social Services Law 384-b subd. 4[b]. The child was in foster care, the mother having surrendered the child for adoption at birth. The Family Court found by clear and convincing evidence, that the father's consent was not required. The appellate court affirmed. The appellate court treated the application to dispense with the father's consent as a proceeding under Domestic Relations Law 111 . The court determined the issue of the father's consent according to the criteria established by the Court of Appeals in Matter of Raquel Marie X. [76 N.Y.2d 387, cert. denied 498 U.S. 984.]