Legal Opinion · Dissent

In re Samuel

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1990Published

1DissentPine, J.

I respectfully dissent. The Family Court order on appeal gave full force and effect to the birth mother’s revocation of her December 11, 1989 extrajudicial consent without a hearing and directed return of the baby to her. The baby was born on December 9th; the consent was signed and the birth mother was discharged from the hospital on December 11th. Respondents were advised before obtaining physical custody of the child on December 12th at the hospital that the birth mother had changed her mind and was revoking her consent. The birth mother filed a notice to revoke her consent with the Monroe…

2Cases cited2 opinions

  1. In re Sarah K.New York Court of Appeals · 1985
  2. In re Baby Girl B.New York Surrogate's Court · 1989

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