Hemingway v. Otvos

OPINION OF THE COURT

Edward J. McLaughlin, J.

Under the present New York statutory scheme a putative father of a child is free to file a petition seeking an order of filiation regardless of whether the child has been surrendered to an authorized agency. By surrendering the child to the authorized agency, the father gives up whatever rights he may have with regard to the child. He does not, however, surrender his privilege to bestow benefits upon the child through asserting his paternity.

On May 6,1983 a motion was filed to dismiss a paternity petition filed with the court on March 11, 1983.…