[DOWNLOAD] "Matter Spence-Chapin Adoption Service v. Herbert Polk Et Al." by Court of Appeals of New York # Book PDF Kindle ePub Free

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eBook details

• Title: Matter Spence-Chapin Adoption Service v. Herbert Polk Et Al.
• Author : Court of Appeals of New York
• Release Date : January 23, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

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[29 N.Y.2d 196 Page 198] These are two proceedings. One is by the Spence-Chapin Adoption Service, to recover the custody of a three-year-old child
from the Polks, foster care "custodians" to whom the agency had delivered the child for compensated foster care to be returned
on demand. The other is by the unwed mother of the child to regain custody. Neither proceeding is an adoption proceeding and
the child has never been placed for adoption. Nor has any authorized person or agency brought any proceeding to establish
the unfitness of the mother to retain custody of her own child, nor has there been any proof of unfitness, albeit there have
been findings of inadequate plans by the mother to care for the child. The Polks resist the proceedings and assert some inchoate
right to custody and eventual adoption contending that the mother is incapable of providing adequate care for the child. While
there had been a statutory written surrender of the child's custody looking to adoption, the New York City Commissioner of
Social Services consented to the return of the custody of the child to the mother, a consent joined in by the agency, thus
nullifying the surrender as if it had never been. These salient circumstances distinguish this case from others in which a
child has been surrendered and the surrendering parent has sought judicial assistance in undoing the surrender (cf. People
ex rel. Scarpetta v. Spence-Chapin Adoption Serv., 28 N.Y.2d 185) or where prospective adoptive parents have had custody looking
to adoption and have sought to retain the child against the wishes of a mother who has changed her mind (e.g., People ex rel.
Anonymous v. New York Foundling Hosp., 17 A.D.2d 122, affd. 12 N.Y.2d 863).

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