In New York, and in the absence of abandonment, it is generally necessary to obtain the consent of the other parent to adopt a child. DRL section 111(2)(a); Caball v. Mohammad, 441 U.S. 380 (1979.) The United States Supreme Court held that a statute denying all unwed fathers the right to veto adoption, while granting that right to unwed mothers, violated the Equal Protection Clause.
When medical malpractice causes a miscarriage or a stillbirth, the New York mother can now sue for her emotional trauma and suffering, even though she suffered no physical injury. What will courts award for such anguish and misery suffered by a mother? In New York, it appears to be $1 million dollars, Ferreira v. Wychoff Med. Ctr., 81 A.D.3d 587 (2d Dep’t 2011), but worth $100,000 in Louisiana and $200,000 in Texas. New York Times, Aug. 24, 2011, p. A-1.