Legal Opinion

In re Roy

New York City Family Court

Decided March 24, 1977PublishedCited by 2 opinions

1Opinion of the CourtNanette Dembitz, J.

This proceeding poses an issue of parent — child rights which has not heretofore been determined in the stark form here presented, namely: when there are extraordinary circumstances and a child’s adoption is without question in his best interests, has he a right to a court authorization of the adoption, regardless of the possessory claim of his biological parent? Based on developments in legal and constitutional principles, this court holds that Roy, the child herein, has such a right and that it must be recognized in the instant proceeding by issuance of a court order permit*36ting his…

2Cases cited21 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  3. Wisconsin v. YoderSupreme Court of the United States · 1972
  4. Consolo v. Federal Maritime CommissionSupreme Court of the United States · 1966
  5. Planned Parenthood of Central Missouri v. DanforthSupreme Court of the United States · 1976

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3Cited by2 opinions

  1. In re Marilyn H.New York City Family Court · 1981
  2. Orange County Classroom Teachers' Ass'n v. School Board of Orange CountyDistrict Court of Appeal of Florida · 1984

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