Opinion
January 28, 1971
Order and judgment (one paper), Supreme Court, New York County, entered on November 24, 1970, which granted petitioner-respondent's application for custody of the infant born to her on May 18, 1970, unanimously affirmed, without costs and without disbursements. This disposition must be confined in its effect to the case immediately before us. While the circumstances evoke utmost sympathy for the proposed adoptive parents, this petitioner acted without delay — indeed, about three weeks after surrender of the child for adoption (Social Services Law, § 384, subd. 1, par. [c]) — by applying to respondent agency, offering to demonstrate, as she did later at Special Term, "that the interests of such child will be promoted thereby, and that such parent is fit, competent and able to duly maintain, support and educate such child." (Social Services Law, § 383.) (See discussion of this problem: People ex rel. Doe v. Edwards, 31 A.D.2d 64, affd. 23 N.Y.2d 925; Matter of Roe v. New York Foundling Hosp., 33 A.D.2d 83; People ex rel. Anonymous v. New York Foundling Hosp., 17 A.D.2d 122, affd. 12 N.Y.2d 863.) In short, as in all such cases, the welfare and interests of the child are the paramount consideration. "An authorized agency has a special obligation, completely reviewable by the courts, to consider an early change of mind by the surrendering parent with the most circumspect sympathy and consideration. The policy urged that, if surrender may be undone, authorized agencies will be inconvenienced or even frustrated in their placement of children is not a sufficient counterweight." ( People ex rel. Anonymous v. New York Foundling Hosp., supra, p. 125.)
Concur — Capozzoli, J.P., McGivern, Markewich and Nunez, JJ.