dissenting:
I agree with the majority that an “unwed father is entitled to constitutional protection not only when he meets the literal requirements of section 20 — 7—1690(A)(5)(b), but also when he undertakes sufficient prompt and good faith efforts to assume parental responsibility and to comply with the statute.” Abernathy v. Baby Boy, 313 S.C. 27, 32, 437 S.E.2d 25, 29 (1993). Nevertheless, I disagree with the majority’s conclusion that Queen’s efforts in making a commitment to Tanner do not rise to the level discussed in Abernathy. I believe Abernathy supports the trial judge’s ruling, and mandates that we affirm.
In affirming the award of custody to an unwed father, our supreme court noted that the father may possess a relationship with his child that is entitled to constitutional protection. Abernathy, 313 S.C. at 31, 437 S.E.2d at 28 (citing Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972)). Recognizing that parental rights “do not spring full-blown from the biological connection,” the court pointed out that “an unwed father must demonstrate a full commitment to the responsibilities of parenthood by coming forward to participate in the rearing of his child before his interest in personal contact with his child acquires substantial constitutional protection.” Abernathy, 313 S.C. at 31, 437 S.E.2d at 28 (quoting Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (1983)). Although the court found that with the enactment of section 20-7-1690(A)(5)(b) the Legislature intended to establish “general minimum standards by which an unwed father timely may demonstrate his commitment to the child, and his desire to ‘grasp [the] opportunity,’ ” the court recognized that an unwed father is entitled to constitutional protection not only when he meets the literal requirements of section *21320-7-1690(A)(5)(b), but also when he undertakes sufficient prompt and good faith efforts to assume parental responsibility and to comply with the statute. Id. at 32, 437 S.E.2d at 29.
In reaching this conclusion, the court specifically stated:
However, as shown by the events leading to this appeal, an unwed father’s ability to cultivate his opportunity interest in his child can be thwarted by the refusal of the mother to accept the father’s expressions of interest in and commitment to the child____ To mandate strict compliance with section 20-7-1690(A)(5)(b) would make an unwed father’s right to withhold his consent to adoption dependent upon the whim of the unwed mother.
Id. at 32-3, 437 S.E.2d at 29.
I believe the events leading to this appeal mandate the same result. The father in this case had no opportunity to cultivate a relationship with his child. During her pregnancy, the birth mother consistently told Queen that she intended to and in fact had terminated her pregnancy, despite Queen’s strong objection to the abortion. Due to the birth mother’s deceit during the pregnancy, Queen did not learn he was a father until the Does’ attorney contacted him several months after the birth. Queen informed the Does’ attorney that he did not want to give up his parental rights and would contact an attorney.
After learning of Tanner’s birth, Queen established a nursery, set up health insurance for the child, arranged child care, and began a savings account for the child. The majority concludes these efforts do not rise to the level of commitment discussed in Abernathy. In addition, the majority determined that Queen’s failure to visit or support the child after learning of his birth, together with his delay in filing an answer in opposition to the request for adoption, provide a basis for finding that Queen’s consent to this adoption is not required. I respectfully disagree with these conclusions.
There are several important facts in this case which parallel the key facts in Abernathy. In Abernathy, it was “undisputed that Mitchell attempted to provide monetary support to [the birth mother] during her pregnancy, but his offers were rejected by her.” Abernathy, 313 S.C. at 33, 437 S.E.2d at 29. In this case, Queen maintained a joint checking account, and *214the birth mother withdrew and spent funds from it during her pregnancy. In Abernathy, the birth mother “shielded herself from contact with [Mitchell], even to the point of complaining to her superiors that Mitchell was harassing her by his numerous telephone calls.” Id. at 33, 437 S.E.2d at 29. Here, the birth mother went to extraordinary efforts to distance herself from Queen. In addition to her direct lies, she charged Queen with a criminal violation, which he successfully defended. She sought and obtained a restraining order preventing him from contacting her. She even lied on the birth records concerning her knowledge of Queen’s mailing address.
The overwhelming evidence in this case establishes that Queen did not know of the existence of his child until the Does’ attorney contacted him in November 1999, seeking his release of parental rights, informing him of the impending litigation, and refusing to divulge the identity of the Does or the whereabouts of the child. In fact, the Does have never disclosed their identity or address to Queen. To all of this, Queen’s response was to retain legal counsel, fight the action to terminate his parental rights, and seek custody of his child.
Queen has never had an opportunity to develop a relationship with his child. Even so, he immediately manifested his willingness to assume sole custody of his child when he first learned of the child’s existence and the adoption proceeding was contemporaneously initiated. As in Abernathy, Queen did so by-bringing legal action for custody.
I believe the majority has placed an unreasonable burden on Queen to take extraordinary legal measures to gain access to his child pendente lite, despite the fact that the adoption statutes sanction the anonymity which prevented him from doing so.1 In addition, the majority’s conclusion that Queen made no efforts to visit or support Tanner after learning of his birth ignores the clear fact that both the biological mother and the Does have consistently taken vigorous legal measures to *215avoid any contact between Queen and his son, before and throughout the course of these proceedings.2
The majority also places significance on the timing of a formal response by Queen, noting that Queen waited almost a year to file an answer in opposition to the request for adoption. I believe it is improper to attach any meaning to the timing of responsive pleadings when there is no basis in the record for doing so. Queen’s attorney filed and served a formal answer within two months of service of the amended complaint. There are many possible reasons for the delay, none of which have anything to do with Queen or his state of mind. Since the timing of the pleadings was not an issue in the family court, the record does not explain the reasons for any apparent delays. Consequently, any inference adverse to Queen is based on pure speculation.
It may be true that the adoptive parents present a more stable environment. This is not atypical. Adoptive parents usually have a strong desire to raise a family and tend to be loving, mature and stable people who would be committed parents. Quite naturally, the life they envision for the child provides many advantages. After all, there are no accidental adoptions. It is certainly enticing for appellate judges to exercise their judgment to provide a child with what appears to be the better home, notwithstanding the biological connection or desires of the natural parent. However, to do so is to let loose the enormous judicial power of the State to selectively choose which people will raise our children, irrespective of any biological connection. I believe this treads on the most fundamental rights of our citizens as afforded by the South Carolina Constitution and the Constitution of the United States.
There are few young, unmarried adults who are required to exercise the degree of maturity and planning necessary to raise a child. Until the birth of a child, the need for fiscal responsibility and future planning is not pressing because, until then, only they suffer the consequences of their bad *216choices. Indeed, the introduction of children into the home usually provides the impetus for planning, maturing and changing expectations. However, the maturation process is an evolutionary journey. The transformation is not instantaneous. Therefore, it is fundamentally unfair of the judicial system to make such a demand on this unwed father.
I believe the majority’s decision places such unrealistic expectations on an unwed father that it undermines the most basic of civil rights, effectively replacing our existing body of law with a subjective analysis not meeting constitutional muster. Queen timely demonstrated a willingness to develop a full custodial relationship with Tanner. See Abernathy, 313 S.C. at 33, 437 S.E.2d at 29. The family court judge came to this conclusion after carefully considering all of the evidence, and after having viewed the demeanor of the witnesses. We were not privy to that first-hand view of the case. In a well-reasoned order, the judge united the father with the son. This difficult decision was supported by the conclusions of the guardian-ad-litem, and, I believe, is mandated by our case law. For these reasons, I would affirm.
. S.C.Code Ann. § 20-7-1736 (Supp.1999), found in the Subarticle on Adoptions, and entitled "Use of fictitious names,” reads as follows: "For purposes of this subarticle, the petitioner may employ the use of fictitious names where necessary to avoid disclosure of identities of parties or persons, so long as service of process or notice is considered sufficient by the court.”
. The Does filed and unsuccessfully argued two Petitions for a Writ of Supersedeas in this Court in an attempt to supersede the family court’s order implementing a visitation procedure to gradually reunite Queen with his son.