In the Matter of the Adoption of Heather A. Malpica-Orsini. Hector Orsini, Appellant Charles A. Blasi

Summary

The New York Court of Appeals affirmed the Family Court's adoption order, holding that subdivision 3 of section 111 of the Domestic Relations Law, which requires only the mother’s consent for adoption of a child born out of wedlock, is constitutionally valid under a rational‑basis equal‑protection analysis and does not violate due‑process requirements. The dissenting judges argued that the statute should be struck down as a violation of equal protection and due process.