Anonymous v. Anonymous
| Decision Date | 27 February 1959 |
| Citation | 15 Misc.2d 1048,182 N.Y.S.2d 992 |
| Parties | Complaint of ANONYMOUS v. ANONYMOUS, the alleged father of a child born out of wedlock. * * State Report Title: 'Wood' v. 'Wood' Children's Court, Saratoga County |
| Court | New York Children's Court |
Clark, Imrie & Dube, Hudson Falls (Robert W. Imrie, Hudson Falls, of counsel), for complainant.
W. W. Bullis, Lake George, for respondent.
The record disclosed that the complainant filed a complaint in this Court under date of November 25, 1958 alleging that the respondent is the father of a child born to complainant out of lawful wedlock and that he has failed to provide the expenses of the complainant's confinement and recovery and other expenses in connection with her pregnancy. The complaint further alleges acts of sexual intercourse with said respondent during the months of October and November, 1956, and that as a result of said acts, the complainant became pregnant and on August 6, 1957 she gave birth to a male child.
The prayer for relief requests that respondent be found to be the father of the child of the complainant and that respondent be ordered to pay for the confinement expenses of complainant and the child, the expenses of complainant's recovery, her loss of wages during pregnancy, the cost of special clothing necessary to her condition, the amount of rent paid by complainant during the period of her pregnancy and while complainant was not living at her home with her parents, and for her counsel fees, together with any and all other expenses sustained by her by reason thereof, according to the provisions of Article 8 of the Domestic Relations Law.
On January 9, 1959 the parties appeared by their attorneys. The respondent did not appear in person and his attorney was advised to produce him. The matter was adjourned to January 16, 1959 at which time all of the parties and their respective attorneys were present. The complaint was read and the respondent was fully advised as to his rights, including a blood grouping test. The respondent entered a plea of not guilty and demanded a blood test of all the parties. A blood grouping test was then ordered by the Court; the test to be made by Dr. Joseph W. Lebowich of the Saratoga County Laboratory.
On the adjourned day, February 6, 1959 it was ascertained by the Court that the test had not been held, because the alleged child had been previously adopted and that the adoptive parents were reluctant to produce the child for such test. Another order for a blood test was granted and the hearing adjourned to February 27, 1959 at which time, the attorney for the respondent moved for a dismissal of the filiation proceeding upon:
(1) That Children's Court was without jurisdiction;
(2) That the child had been adopted prior to the institution of this proceeding;
(3) That the rights of complainant had ceased upon the granting of the final order of adoption;
(4) That complainant was guilty of laches; and
(5) That no order of this Court can be made requiring the adoptive parents to produce the child for a blood test.
It appears that the final order of adoption was granted by the Saratoga County Judge on or about November 15, 1957 and it is to be assumed that the complainant consented to said adoption. The papers in the adoption proceeding are sealed and not a part of the record in this case; Nor does it appear that the complainant has instituted a proceeding for the abrogation of the adoption order. It is further to be presumed that the original birth certificate of the child is no longer a matter of record.
The Domestic Relations Law of the State of New York must be taken into consideration, as well as the provisions of the Children's Court Act, § 1 et seq., relating to filiation proceedings, in order to arrive at a determination.
The act of adoption fixes a status of parent and child. More technically, it is an act by which relations of paternity and affiliation are recognized as legally existing between persons not so related by nature. Re Landers' Estate, 100 Misc. 635, 166 N.Y.S. 1036.
In New York State adoption is the legal proceeding whereby an adult person takes another adult person or a minor into the relation of child and thereby acquires the rights and incurs the responsibilities of parent in respect of such adult or minor. Domestic Relations Law, § 110.
Here we are concerned with the effect of adoption prior to the institution of filiation proceedings. The purpose of the statute declaring the effect of adoption is to define the relation, after adoption, of the child to its natural parent, and to its adopting parents. Generally speaking, the effect of adoption is to divest the natural parent of her former relationship to the child given out to be adopted, investing the foster parents and the adopted child with the legal relation of parent and child.
The leading case in point is Betz v. Horr, 276 N.Y. 83, 11 N.E.2d 548, 551, 114 A.L.R. 491. In that case the Court said:
'To bring about the result arrived at by the lower courts it would be necessary to read...
To continue reading
Request your trial
-
Linda F. M., Matter of
... ... a statutory provision alien to the clear language of that which has been enacted by the legislature and signed by the governor (Matter of Anonymous (St. Christopher's Home), 40 N.Y.2d 96, 102, 386 N.Y.S.2d 59, 63, 351 N.E.2d 707, 711; Matter of Malpica-Orsini, 36 N.Y.2d 568, 571, 370 N.Y.S.2d ... ...
- Gardiner, Matter of
-
Estate of Best, Matter of
...family tree and be engrafted upon new parentage (see, Matter of Cook, 187 N.Y. 253, 260, 79 N.E. 991; Matter of "Wood" v. "Howe", 15 Misc.2d 1048, 1050, 182 N.Y.S.2d 992). Recognition of a right to inherit class gifts from biological kindred would be inconsistent with the child's complete a......
-
Backes v. Catholic Family & Community Services
... ... Matter of Anonymous (St. Christopher's Home), 40 N.Y.2d 96, 102, 386 N.Y.S.2d 59, 63, 351 N.E.2d 707, 711 [1976]; Matter of Malpica-Orsini, 36 N.Y.2d 568, 571, 370 ... ...