MATTER OF FEMALE


47 N.Y.2d 861 (1979)

In the Matter of the Commitment of Female W. (Anonymous) and Another. Spence-Chapin Adoption Service, Respondent; Charlotte Emma W. (Anonymous) et al., Appellants.

Court of Appeals of the State of New York.

Decided June 12, 1979.


Attorney(s) appearing for the Case

Carol Kellermann, John E. Kirklin, Charles J. Tejada and Esther D. Curtwright for Charlotte Emma W., appellant.

Gertrud Mainzer, guardian ad litem, appellant.

Frank E. Barranco, Jr., for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.


MEMORANDUM.

The order appealed from should be affirmed, without costs. In a proceeding seeking to terminate parental rights on the ground of abandonment so as to free a child for adoption, the fundamental inquiry must be whether in fact the parent's behavior constituted abandonment, and not whether such a finding would be in the "best interests" of the child. This is so because "a court may not terminate all parental rights...

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