In re Sean B. W.

In this adoption proceeding a pretrial conference was held wherein the court requested the attorney for the putative father to submit a memorandum of law on notice to the attorneys for the petitioners and guardian ad litem on the question of whether the facts in this proceeding could be distinguished from those set forth in the Matter of Malpica-Orsini (36 NY2d 568). Memoranda have been submitted and the court finds that there is no reason to distinguish this proceeding from that set forth in the Orsini matter.

The putative father’s consent is not necessary, but he must be given an opportunity…