This section contains the nature of the case and procedural background.

H and W lived together but were never married. While they lived together, they had two children. H was identified as the father and contributed to the support of the family. In 1973, W took the two children and moved in with another man whom she married in 1974. H was able to see his children weekly as H lived above W's mother. In September of 1974, the grandmother took the children with her to Puerto Rico as W and H1 were going to join them as soon as they saved enough money to start a business. Eventually, H went to Puerto Rico and was given visitation with the children by the grandmother, but he took them back to New York. W then attempted to get the children by the use of the police. Eventually, the court gave the children back to W and give H and his new wife visitation. In 1976, W and H1 filed a petition to adopt the children. H and his wife cross-petitioned for adoption. The court granted the petition of W to adopt and thus cut off H's parental rights and obligations. The New York Supreme Court affirmed. The Supreme Court granted certiorari.

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