In re the Adoption of Zoe D.K.

OPINION OF THE COURT

SCUDDER, J.

Respondent sought to adopt her biological daughter in order to “change the child’s name and remove the biological father’s name from [the] birth certificate and live without fear.” The issue of first impression before us is whether the unmarried biological mother of a child born out of wedlock is entitled to adopt her child. We conclude that she is not, and thus we conclude that Surrogate’s Court should have granted the application of petitioner, the child’s biological father, to vacate the order of adoption.

The underlying facts are simply stated. The parties…