Matter Raquel Marie X. (Anonymous). Mr. and Mrs. C. (Anonymous‪)‬

DECISION & ORDER The facts underlying this court's prior decision and order in this matter are set forth in the text of that decision and order (see, Matter of Raquel Marie X., 150 A.D.2d 23, supra) and are augmented herein where necessary. Briefly, Raquel Marie X., the infant who is the subject of this adoption proceeding, is the biological child of the appellants Miguel T. and Louise T. In 1983 or 1984, Miguel and Louise first met while attending high school. On August 10, 1986, Louise gave birth to their first child, Lauren. The unmarried couple thereafter made sporadic attempts at living together, but their tumultuous relationship rendered their episodes of cohabitation short-lived, and they repeatedly returned to the residences of their respective parents. Raquel Marie was born on May 26, 1988. Her natural parents remained unmarried and were not cohabiting at the time of her birth. On July 22, 1988, Louise executed a consent to adoption and Raquel Marie was placed with the proposed adoptive parents, with whom she has resided ever since. On July 19, 1988, Miguel commenced a custody proceeding against Louise, and an order of filiation was entered upon his consent on August 19, 1988. Miguel and Louise eventually married on November 4, 1988, and Louise thereafter joined Miguel in opposing this proceeding by the proposed adoptive parents to finalize the adoption of Raquel Marie. The Family Court determined that Miguel had satisfied the requirements of Domestic Relations Law ? 111(1)(e) and that his consent to the proposed adoption was therefore necessary. Inasmuch as such consent had not been obtained, the Family Court denied the petition for adoption. This court reversed that determination after concluding that the cohabitation requirement of the statute had not been met. In reversing this court's order and declaring Domestic Relations Law ? 111(1)(e) unconstitutional, the Court of Appeals set forth the applicable criteria for determining whether an unwed father's consent to the adoption of a newborn child is necessary as follows: