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


36 A.D.2d 936 (1971)

The People of the State of New York ex rel. Alice Wessell, on Behalf of Christine Wessell, Appellant, v. New York Foundling Hospital et al., Respondents

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

May 25, 1971


Where a mother has formally surrendered a child to an authorized adoption agency, her right to regain custody is committed to the discretion of the court. (People ex rel. Scarpetta v. Spence-Chapin Adoption Serv., 28 N.Y.2d 185.) The court should exercise its discretion to direct a change of custody back to the natural parent only upon a determination "that the interest of such child will be promoted hereby and that such parent is...

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