In the 1982 case Lehr v. Robertson, the U.S. Supreme Court ruled in favor of Jessica's biological mother and her husband (the Robertsons), upholding their right to retain custody over Jessica against claims made by her biological father, Jonathan Lehr. The court held that a state law which did not require notification of adoption proceedings to unwed fathers who had not registered with a "putative father registry" was constitutional. Although Lehr was aware he had sired Jessica, he failed to establish legal ties or significant custodial, personal or financial relationship with his daughter before she was adopted by Mr.Robertson when she turned two years old. Therefore, according to New York State Law at that time - which only required notice be given for adoptions to those who have established such relationships - no notice needed to be given about the adoption proceeding taking place.

In the dissenting opinion for Lehr v. Robertson, Justice White argued that the majority's decision failed to adequately protect the rights of biological fathers. He contended that New York's adoption laws were unconstitutional because they did not require notification to be given to unwed fathers when their children are put up for adoption, unless those fathers have already established a substantial relationship with their child or registered with New York’s “putative father registry”. This system unfairly penalized men who may not have been aware of their paternity or had no opportunity to establish a relationship with their child due to circumstances beyond their control. Furthermore, he criticized the majority’s reliance on societal stereotypes about gender roles in parenting and its assumption that unwed mothers are always more attached and committed than unwed fathers. In his view, this case was an example of how legal systems can perpetuate these harmful stereotypes by creating different standards for mothers and fathers.