This message is for anyone in New York who might be able to give
some pointers in our attempt to locate a Monroe county court case.
We have no docket number or style and thus have not been able to
get any real help from the courts themselves. Even if you can only
tell us what specific courts to try or where more info might be
available. Online searches have come up zero.
The information we do have is this: the topic is Biological
Fathers' Rights and the decision confirms "the contention that the
child's welfare takes precedence over a biological father's wish to
nullify an adoption." This quote and the following blurb are taken
verbatim from the winter 1993 issue of _Adoptalk_ (a publication of
the North American Council on Adoptable Children). The publisher
is unable to help us because of an extended sick leave situation.
The date of the case is probably 1991 or 1992, more likely 1992.
[quote:] "In Monroe county, the court ruled that "the state's
interest in preserving and encouraging adoptive placement outweighs
an individual's delayed outrage at being deprived of his progeny.
Status as a biological father, while constitutionally protected, is
not the primary interest to be protected." In other words, "the
scale is tipped quite properly in the direction of the child's
right to be placed promptly and securely and the mother's right to
have made this decision on her own." The judge involved cited the
legislatively created six-month post-placement time frame as the
cut-off point for meaningful parental intervention. Once this
sex-month period has elapsed, "a father who has failed to come
forward to demonstrate his parental commitment is precluded from
doing so. What happens thereafter is not relevant." [end of quote]
Thanks again, in advance, for any help.
-- Joe Orth joseph_h_orth@solinet.net Kilpatrick & Cody kc4001@sol1.solinet.net 1100 Peachtree St., Suite 2800 (404) 815-6492 Atlanta, GA 30309-4530 (404) 815-6555 (fax)
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