Scarpetta v. Spence-Chapin Adoption Service

269 N.E.2d 787 (1971)

Facts

Olga (P) was an unmarried 32-year-old who lived in Colombia, South America. She got pregnant by a married Colombian and decided to come to New York to have the child to spare her family the shame of her conduct. Four days after the birth of the child, P placed it up for adoption, and 10 days later a surrender document was signed, and the child was placed for adoption. Five days later P changed her mind and requested that the child be returned to her. P was unsuccessful and then sued in habeas corpus to have the child returned. The court concluded that the mother should have the child returned. This appeal ensued.