Stanley v. Illinois

31 L. Ed. 2d 551 · Supreme Court of the United States · 1972

Facts

Peter Stanley, an unwed father, lived with his three children and their mother for 18 years. Upon the mother's death, Illinois law automatically declared the children wards of the state without a hearing on Stanley's parental fitness, unlike married fathers or unwed mothers.

Issue

Does an Illinois law that automatically declares children of unwed fathers wards of the state upon the mother's death, without a hearing on the father's fitness, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment?

Holding

Yes, the Supreme Court held that the Illinois law violated both the Due Process and Equal Protection Clauses. Peter Stanley was entitled to a hearing on his fitness as a parent before his children could be taken from him.

Rule

The Due Process Clause requires that unwed fathers be afforded a hearing on their parental fitness before their children can be removed from their custody. The Equal Protection Clause prohibits states from denying such hearings to unwed fathers while granting them to other parents.

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Case brief last reviewed 2026-01-16. Prepared by CaseReader from the published opinion.