In the Matter of Tony S.H., Jr.

158 N.Y.S.3d 460 (2021)

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In the Matter of Tony S.H., Jr.

New York Supreme Court, Appellate Division
158 N.Y.S.3d 460 (2021)

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Facts

Katrina F. (defendant) was the birth mother of Tony S.H., Jr. Katrina contacted New Hope Family Services (New Hope) (plaintiff) while pregnant and expressed a desire to put her baby up for adoption through an authorized agency. After giving birth and while still in the hospital, Katrina executed a voluntary placement agreement in which she agreed to place the baby in New Hope’s foster-care program. New Hope placed Tony with a couple who wished to adopt him. A week later, Katrina signed a document giving up her paternal rights, known as an extrajudicial surrender, in front of witnesses. New Hope filed a petition in family court seeking approval of the surrender. Within 45 days and before the petition could be approved, Katrina sought to revoke her surrender of parental rights. The judge denied Katrina’s request and scheduled a hearing to determine what would be in Tony’s best interests. After that hearing, the court granted New Hope’s petition approving Katrina’s surrender. Katrina appealed.

Rule of Law

Issue

Holding and Reasoning ()

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