Opinion
November 10, 1986
Appeal from the Genesee County Surrogate's Court, Morton, S.
Present — Denman, J.P., Boomer, Green, Pine and Balio, JJ.
Order unanimously reversed on the law without costs and matter remitted to Genesee County Surrogate's Court for further proceedings, in accordance with the following memorandum: Because respondent, the father of a child born out of wedlock, failed to show that he had satisfied the support requirement of Domestic Relations Law § 111 (1) (d), the Surrogate determined that the father's consent to the adoption was not required (see, Matter of Andrew Peter H.T., 64 N.Y.2d 1090; Matter of Catholic Child Care Socy., 112 A.D.2d 1039; Matter of Terry DD., 105 A.D.2d 955; Matter of "Female" D., 83 A.D.2d 933, appeal dismissed 55 N.Y.2d 878). Initially, the Surrogate treated the application by the adopting parent as one to dispense with the consent of the father because of abandonment and, thus, at the time of the hearing, the father had no notice that matters other than abandonment were at issue. We, therefore, reverse the order appealed from and remit the matter to the Surrogate to give the father an opportunity to present evidence on the issue of whether he has made payment "toward the support of the child of a fair and reasonable sum, according to the father's means" (Domestic Relations Law § 111 [d] [i]).