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MTR. OF ROE v. N. Y. FOUNDLING HOSP.

33 A.D.2d 83 (1969)

In the Matter of Mary Roe, Appellant, v. New York Foundling Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 20, 1969.

Attorney(s) appearing for the Case

Philip F. Solomon of counsel (Solomon & Solomon, attorneys), for appellant.

Thomas R. Esposito of counsel (William P. Ford with him on the brief; Mudge Rose Guthrie & Alexander, attorneys), for respondent.

EAGER, J. P., CAPOZZOLI, TILZER, NUNEZ and McNALLY, JJ., concur.

Per Curiam.

Petitioner appeals from an order of the Supreme Court which denied her application for custody of her infant son.

We agree with the finding of the trial court that the petitioner knowingly and voluntarily, with full understanding of its meaning, executed a surrender instrument relinquishing all parental rights to her out-of-wedlock child and consenting to his adoption. Such an absolute surrender, nevertheless, as the court recognized, did...

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