Other courts have held that the consent of the natural father to an adoption is now required as a result of the Caban decision. (People ex rel. Deborah G. v Doe, NYLJ, Dec. 19, 1979, p 15, col 5; Matter of "R" Children, 100 Misc.2d 248.) The granting of statutory rights by judicial declaration was rejected by the United States Supreme Court in the case of Orr v Orr ( 440 U.S. 268).
Recent legislation and case law reflect an increased concern for the rights of unwed fathers. (See, e.g., Family Ct Act, ยง 522; Caban v Mohammed, 441 U.S. 380; Stanley v Illinois, 405 U.S. 645; Matter of "R" Children, 100 Misc.2d 248.) However, the concern expressed is that an unwed father be accorded the same rights as an unwed mother.