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SCARPETTA v. SPENCE-CHAPIN ADOPTION

28 N.Y.2d 185 (1971)

The People of the State of New York ex rel. Olga Scarpetta, on Behalf of Baby Scarpetta, Respondent, v. Spence-Chapin Adoption Service, Appellant.

Court of Appeals of the State of New York.

Decided April 7, 1971.

Attorney(s) appearing for the Case

Roy L. Reardon and James Wawro for appellant.

Joseph Zalk for respondent.

Jacob D. Fuchsberg and Irving Lemov for Nick F. De Martino and Jean De Martino, amici curiae.

Aaron Britvan, Arthur Friedman and Robert Monsour for Adoptive Parents Committee, Inc., amicus curiae.

Helen L. Buttenwieser and Shad Polier for Child Welfare League of America, Inc. and Community Council of Greater New York, amici curiae.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON concur.

JASEN, J.

This appeal involves the return of an out-of-wedlock infant to its natural mother after she had executed a purported surrender of the child to an authorized adoption agency. The case does not involve the undoing of an adoption or the return of an adopted child to its natural parent. Nor does the case involve the undoing of a surrender by the natural mother on her mere say-so, but rather the undoing...

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