In The Matter Of Tony S.H., Jr.

199 A.D.3d 1347 (2021)

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Nature of the Case

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Facts

M contacted New Hope just prior to the child's birth explaining her desire to place the child for adoption. At the hospital a couple of days after the child's birth, M executed a voluntary placement agreement in which she agreed to place the child in New Hope's foster care program. The child was discharged from the hospital the next day and placed in that program. A week later, after having selected Ds as the prospective adoptive parents, M signed the subject extra-judicial surrender in the presence of witnesses. The child was placed with Ds the following day. Within 15 days of its execution, New Hope filed a petition seeking approval of the extra-judicial surrender. Less than 45 days after executing the surrender, M sought to revoke it. M thereafter moved for an order pursuant to Social Services Law § 383-c (6) (a) deeming the surrender a nullity and returning the child to the care and custody of the authorized agency. The court refused to deem the surrender a nullity, denied M's motion, and instead determined that a best interests hearing was required. Following the best interests hearing, the court granted New Hope's petition approving M's surrender. M appealed.