Unwed Fathers' Rights in Adoption

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Unwed Fathers' Rights in Adoption

Landmark Cases in Adoption Law Shape Law with respect to Unwed Fathers

A dozen landmark adoption cases provide a broad general understanding of adoption law principles. These cases here have been highly persuasive in across the country and have significantly shaped current law.

U.S. Supreme Court Cases

Stanley v Illinois, 405 U.S. 645 (1972)
This case established the rule that an unwed father who has a developed relationship with his child is entitled to a hearing on his parental fitness before the state may take custody of his child.

Quilloin v. Walcott, 434 U.S. 246 (1978)
This case established the rule that an unwed father who has a developed relationship with his child is entitled to a hearing on his parental fitness before the state may take custody of his child.

Caban v. Mohammed, 441 U.S. 380 (1979)
This case established the rule that unwed mothers and unwed fathers must be treated the same where the father has a substantial relationship with the child.

Lehr v. Robertson, 463 U.S. 248 (1983)
This case established the constitutionality of putative father registries generally.

Armstrong v. Manzo, 380 U.S. 545 (1965)
This case established the rule that where a locatable, presumed parent's parental rights are terminated without notice, due process requires a new trial.

State Cases

Matter of Robert O. v. Russell K., 604 N.E.2d 99 (N.Y. 1992)
This case established that the constitutional right to the opportunity to form a qualifying relationship existed only for unwed fathers who manifested their willingness to be custodial parents promptly, where promptness was measured in terms of the child's life, not the onset of the father's awareness.

In Interest of B.G.C., 496 N.W.2d 239 (Iowa 1992)
TheThe child's best interest standard is not applicable where the parent had not abandoned the child or otherwise forfeited his parental rights.

Smith v. Malouf, 722 So.2d 490 (Miss. 1998)
Unwed Father's ability to sue for Damages: Unwed fathers can sue the unwed mother and her parents for intentional infliction of emotional distress and for conspiring to prevent the father from exercising his parental rights after the mother and her parents arranged a secret adoption.

Other Landmark Adoption Cases

Burr v. Stark Cty. Bd. of Commrs., 491 N.E.2d 1101 (Ohio 1986)
Wrongful adoption: Adoptive parents can sue an adoption agency for wrongful adoption where they are fraudulently misled to their detriment by the agency's misrepresentations about the child's background and condition.

Doe v. Sundquist, 106 F.3d 702 (6th Cir. 1997)
Open Records: The constitutional right to privacy does not include a right to remain anonymous in adoption surrenders.

Mississippi Choctaw Indians v. Holyfield, 490 U.S. 30 (1989)
Native Americans: This case established the rule that individual Indian tribal members domiciled on the reservation cannot avoid tribal jurisdiction simply by giving birth off the reservation and surrendering the child in state court.

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