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MOTHER TIMELY REVOKED HER EXTRA-JUDICIAL SURRENDER OF HER CHILD FOR ADOPTION; FAMILY COURT SHOULD NOT HAE DENIED MOTHER’S MOTION TO DEEM THE SURRENDER A NULLITY AND SHOULD NOT HAVE CONDUCTED A BEST INTERESTS HEARING (FOURTH DEPT).

The Fourth Department, reversing Family Court, determined mother properly revoked her extra-judicial surrender of the child for adoption and Family Court should not have denied mother’s motion to deem the surrender a nullity and should not have conducted a best interests hearing:

… [T]he plain language of Social Services Law § 383-c (6) (a) mandates that a timely revocation shall render the extra-judicial surrender a nullity and that the child shall be returned to the care and custody of the authorized agency, and the statute contains no language providing for a best interests hearing in the event of such a timely revocation … . * * *

… [T]he court here had no statutory basis for refusing to deem the surrender a nullity, denying the birth mother’s motion, and instead conducting a best interests hearing. Matter of Tony S.H. (Katrina F.), 2021 NY Slip Op 06238, Fourth Dept 11-12-21

 

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