MATTER OF ROY


90 Misc.2d 35 (1977)

In the Matter of Roy, a Child Alleged to be Permanently Neglected.

Family Court, New York County.

March 24, 1977


Attorney(s) appearing for the Case

Bodell & Magovern (Joseph V. Moliterno of counsel), for Catholic Home Bureau, petitioner. Kay Thompson, Law Guardian. David Victor for respondent mother.


NANETTE DEMBITZ, J.

This proceeding poses an issue of parent — child rights which has not heretofore been determined in the stark form here presented, namely: when there are extraordinary circumstances and a child's adoption is without question in his best interests, has he a right to a court authorization of the adoption, regardless of the possessory claim of his biological parent? Based on developments in legal and constitutional principles,...

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