Opinion
May 7, 1992
Appeal from the Family Court, New York County (George L. Jurow, J.).
Under the explicit language of Social Services Law § 384-b (4) (b), a proceeding to terminate parental rights on the ground of abandonment may only be brought against a parent whose consent to the child's adoption is required under Domestic Relations Law § 111 (see, Matter of Catholic Child Care Socy. [Danny R.], 112 A.D.2d 1039). Since the court determined as a threshold issue that respondent was not a person whose consent to adoption was required under Domestic Relations Law § 111 (1) (d), dismissal of the petition was proper. On this record we hold that he is not entitled to any notice or to participate in any manner in any subsequent adoption proceeding. Furthermore, under the circumstances presented, respondent's ignorance of his child's existence until he was served with the instant petition approximately eleven years after the child's birth did not preclude the finding that his consent to adoption was not required (Matter of Robert O. v. Russell K., 173 A.D.2d 30).
Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Kassal, JJ.