(Download) "Matter Eric D. Appeal No. 2" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Matter Eric D. Appeal No. 2
- Author : Supreme Court of New York
- Release Date : January 22, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
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Memorandum: Family Court erred in revoking the instrument by which respondent surrendered her son for adoption. The surrender
had been approved by the court after respondent had received notice and been afforded an opportunity to be heard on the validity
of the surrender. Accordingly, the surrender became final and respondent could not challenge the validity of the surrender
in any other proceeding (see, People ex rel. Scarpetta v Spence-Chapin Adoption Serv., 28 N.Y.2d 185, 190-191, cert denied,
appeal dismissed 404 US 805; Social Services Law § 384[4]). Relief from that final order could be granted only upon a showing
of newly discovered evidence or that the surrender was obtained by fraud, misrepresentation, or other misconduct (see, CPLR
5015[a][2], [3]). Even if the surrender had not become final, because the child had been placed in the adoptive home, the parent who surrendered
the child had no right to the custody of the child superior to that of the adoptive parents, notwithstanding that the natural
parent was fit and able to maintain, support, and educate the child. The custody of the child must be awarded solely on the
basis of the best interests of the child with no presumption that his interests will be promoted by any particular disposition
(Social Services Law § 383[6]).