Steven A. v. Rickie M.

Opinion

BAXTER, J.

The primary question in this case is whether the father of a child born out of wedlock may properly be denied the right to withhold his consent to his child’s adoption by third parties despite his diligent and legal attempts to obtain custody of his child and to rear it himself, and absent any showing of the father’s unfitness as a parent. We conclude that, under these circumstances, the federal constitutional guarantees of equal protection and due process require that the father be allowed to withhold his consent to his child’s adoption and therefore that his parental rights…