Caban v. Mohammed

The appellant, Abdiel Caban, challenges the constitutionality of § 111 of the New York Domestic Relations Law (Mc*382Kinney 1977), under which two of his natural children were adopted by their natural mother and stepfather without his consent. We find the statute to be unconstitutional, as the distinction it invariably makes between the rights of unmarried mothers and the rights of unmarried fathers has not been shown to be substantially related to an important state interest.

I

Abdiel Caban and appellee Maria Mohammed lived together in New York City from September 1968 until the end of 1973.…