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CHAYA S. v. FREDERICK L.

90 N.Y.2d 389 (1997)

683 N.E.2d 746

660 N.Y.S.2d 840

In the Matter of Chaya S., Also Known as Chaya M. A., Respondent, v. Frederick Herbert L. et al., Appellants.

Court of Appeals of the State of New York.

Decided June 12, 1997.

Attorney(s) appearing for the Case

Miller, Cassidy, Larroca & Lewin, L. L. P. (Nathan Lewin and Mathew S. Nosanchuk, of the District of Columbia Bar, admitted pro hac vice, of counsel), Harold A. Mayerson, New York City, and Randi S. Isaacs for appellants.

Ginsberg, Katsorhis & Fedrizzi, Flushing (Kerry J. Katsorhis of counsel), Barry C. Schneps and Warren S. Hecht for respondent.

Jones, Day, Reavis & Pogue (Beth Heifetz, Daniel H. Bromberg and Maureen M. Carr, of the District of Columbia Bar, admitted pro hac vice, of counsel), for National Council For Adoption, amicus curiae.

Seymour & Scherr (Leslie Scherr, of the District of Columbia Bar, admitted pro hac vice, of counsel), and Kellis, Totaro & Soffer (Sam Totaro, of the Pennsylvania Bar, admitted pro hac vice, of counsel), for American Academy of Adoption Attorneys, amicus curiae.

Chief Judge KAYE and Judges BELLACOSA, LEVINE and WESLEY concur with Judge CIPARICK; Judge TITONE concurs in result in a separate opinion in which Judge SMITH concurs.

CIPARICK, J.

Section 115-b of the Domestic Relations Law provides that a biological parent may execute or acknowledge a consent to a private-placement adoption before a Judge or Surrogate, who must inform the parent of the consequences of giving the consent and must also advise the parent of the right to counsel of his or her own choosing. At issue in this case is whether the failure of the Surrogate to inform...

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