In re Samuel
Cases that cite this one
5 later published cases cite this decision.
- COLLIN, MTR. OF (Appellate Division of the Supreme Court of New York 2012)
- In re the Adoption of Collin (Appellate Division of the Supreme Court of New York 2012)
- In re the Adoption of Jarrett (NYC Family Court 1995)
- Spooner v. Spooner (Appellate Division of the Supreme Court of New York 1997)
- In re the Adoption of Jarrett. (Appellate Division of the Supreme Court of New York 1996)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
On the extraordinary facts of this case, we cannot agree with appellants (the potential adoptive parents) that an extrajudicial adoption consent executed by respondent birth mother but promptly canceled by her set in motion the revocation mechanism of Domestic Relations Law § 115-b.
As respondent urges, it would be absurd to conclude that every consent that is privately signed and immediately withdrawn by a birth parent nonetheless triggers the formal revocation mechanism that puts a birth parent on equal footing with a potential adoptive parent. Indeed, the several provisions of the Domestic Relations Law referring to the adoptive parents and to the court in which the adoption proceeding has been or is to be commenced, plainly contemplate that there be some overt manifestation to a third person for an extrajudicial consent to be operative. While such consents surely must be scrupulously weighed by birth parents before they are executed, a document that is immediately nullified may not implicate the protected interests of others under the statute.
This result makes it unnecessary for us to consider whether respondent’s consent was void ab initia for lack of independent counsel, or whether appellants’ own acknowledged failure to comply with statutory requirements would constitute grounds for dismissing the adoption petition.
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone and Bellacos a concur; Judge Hancock, Jr., taking no part.
Order affirmed, with costs, in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.