PEOPLE EX REL. ANONYMOUS v. NEW YORK FOUNDLING HOSP.


12 N.Y.2d 863 (1962)

The People of the State of New York ex rel. Anonymous, Appellant, v. New York Foundling Hospital, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1962.


Attorney(s) appearing for the Case

Daniel H. Greenberg and Abraham L. Kramer for appellant.

Leonard Garment and Delbert J. McQuaide for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


Per Curiam.

Sections 383 and 384 of the Social Welfare Law, read together, say that a parent who commits her child to an authorized agency by a voluntary, duly executed and acknowledged surrender instrument "shall not be entitled to the custody" of the child except on a court order "determining that the interest of such child will be promoted thereby and that such parent is fit, competent and able to duly maintain...

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