Legal Opinion

In re Samuel

New York Court of Appeals

Decided October 17, 1991PublishedCited by 5 opinions

1Opinion 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As respondent urges, it would be absurd to conclude that every consent that is privately signed and immediately withdrawn by a birth parent nonetheless triggers the formal revocation mechanism that puts a birth parent…

2Cited by5 opinions

  1. In re the Adoption of Jarrett.Appellate Division of the Supreme Court of the State of New York · 1996
  2. In re the Adoption of JarrettNew York City Family Court · 1995
  3. Spooner v. SpoonerAppellate Division of the Supreme Court of the State of New York · 1997
  4. In re the Adoption of CollinAppellate Division of the Supreme Court of the State of New York · 2012
  5. COLLIN, MTR. OFAppellate Division of the Supreme Court of the State of New York · 2012

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