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Caban v. Mohammed
''Caban v. Mohammed'', 441 U.S. 380 (1979),〔(Full text of the opinion courtesy of Justia.com )〕 was a United States Supreme Court family law case which argued that a New York law, which allowed unwed mothers, but not unwed fathers, a veto over the adoption of that couple's children, was discriminatory.
==Background==
At the time of this case, § 111 of New York's Domestic Relations Law required any adoption of a child to be limited by the consent of either married parent of a child, but only the mother in the case that the parents had never married. The law, in part, read:
Abdiel Caban and his partner Maria Gonazles lived together for five years, during which time they had a son, and later, a daughter. After separating in 1973, Maria later married to Kazim Mohammed. Two years later, Kazim filed to legally adopt the children. Caban had also married to his new wife Nina, they also filed for adoption, but due to § 111, that attempt was blocked, and the Mohammed's request was granted. Caban appealed unsuccessfully to the New York Supreme Court, Appellate Division and then the New York Court of Appeals, after which he appealed to the United States Supreme Court, arguing violations of both equal protection and due process.〔
New York argued for the law's distinction, expressing the concern that allowing an unwed father to veto his child's adoption might have the effect of discouraging adoption, which wouldn't be in the best interests of the children.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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