Matter of Daiyah D. F. F. (Darren S.)

Summary

The Appellate Division, Second Department, affirmed a Family Court order determining that the father's consent to the child's adoption was not required under Domestic Relations Law § 111(1)(d). The court held that the father failed to establish substantial and continuous or repeated contact with the child through support and visitation or other communication, and that the agency was not required to show diligent efforts to encourage compliance with the statutory requirements.

Holdings

1. The father's consent to the adoption was not required because he failed to establish substantial and continuous or repeated contact with the child through payment of support and either regular visitation or other communication.
2. The agency was not required to demonstrate diligent efforts to encourage the father to perform the acts specified in Domestic Relations Law § 111(1)(d), and the father's contention that the agency's omissions excused his failure was without merit.

Questions Presented

1. Whether the father's consent to the child's adoption was required under Domestic Relations Law § 111(1)(d).
2. Whether the agency's failure to inform the father of his support and contact obligations excused his failure to satisfy the statutory requirements.

Disposition

affirmed