Nature of the Case
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Facts
Jessica M. was born out of wedlock in 1976. Her mother Lorraine Robertson marred Richard Robertson eight months after Jessica's birth. When Jessica was two years old, the Robertson's (P) filed a petition of adoption in the family court in Ulster County in New York. The court heard from the Department of Social Services and entered an order of adoption. Lehr (D) who was the father of the child opposed the order as he being Jessica's putative father was not given advance notice of the adoption proceeding. The State maintained a putative register for fathers, but D was not entered onto that registry. New York law also has provisions for notice of several other classes of fathers, but D was not a member of any of those classes. D had lived with the mother prior to the birth and visited her in the hospital during the birth, but his name does not appear on the birth certificate. D did not live with the mother and child after the birth, has never provided them with any financial support, and has never offered to marry the mother. One month after the adoption, D filed a visitation and paternity petition and asked for a determination of paternity, an order of support, and reasonable visitation privileges with Jessica. D then learned for the first time that an adoption proceeding was pending and then learned that the judge had also signed the adoption order earlier the same day. The judge stated that he was aware of the pending suit filed by D but was not aware that he had to give D any type of notice regarding the adoption proceeding. D's lawsuit was dismissed as the order of adoption severed his rights. The Appellate Division affirmed. The Court of Appeals affirmed. The Supreme Court granted certiorari.
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