## Facts

- While pregnant, Katrina F. contacted New Hope Family Services (New Hope), an authorized adoption agency, stating that she wanted to place her baby for adoption through the agency.
- After giving birth and while still hospitalized, Katrina executed a voluntary placement agreement placing the newborn, Tony S.H., Jr., into New Hope’s temporary-care program.
- Tony was discharged from the hospital into New Hope’s custody, and New Hope placed Tony with Stacie P. and Ben P., a couple seeking to adopt him.
- About a week later, Katrina executed an extra-judicial surrender of parental rights in the required form, before witnesses, to allow New Hope to pursue Tony’s adoption.
- New Hope filed a petition in Family Court pursuant to Social Services Law (SSL) § 383-c seeking judicial approval of the extra-judicial surrender.
- Within 45 days after signing the surrender, and before Family Court approved it, Katrina submitted written notice and moved under SSL § 383-c(6)(a) to revoke the extra-judicial surrender and have it deemed a nullity.
- Family Court denied Katrina’s motion, concluded that the matter required a best-interests inquiry, held a hearing on Tony’s best interests, and approved the surrender, finding adoption by Stacie and Ben P. to be in Tony’s best interests.
- Katrina appealed from the final order, which brought up for review the earlier order denying her revocation motion.

## Issues

1. Whether a birth mother’s timely revocation of an extra-judicial surrender within 45 days under SSL § 383-c(6)(a) requires the court to deem the surrender a nullity.
2. Whether Family Court may conduct a best-interests hearing and approve an extra-judicial surrender after a timely statutory revocation under SSL § 383-c(6)(a).

## Decision

- The Appellate Division, Fourth Department, unanimously reversed the order insofar as appealed from, on the law, without costs.
- The court denied New Hope’s petition to approve the extra-judicial surrender.
- The court granted Katrina’s motion under SSL § 383-c(6)(a) and held that the extra-judicial surrender must be deemed a nullity.

## Legal Principles

- SSL § 383-c governs agency adoptions and sets separate rules for judicial surrenders and extra-judicial surrenders.
- Under SSL § 383-c(6)(a), when a parent timely revokes an extra-judicial surrender within 45 days and applies to the court as the statute requires, the surrender “shall be deemed a nullity,” and the statute directs that the child be returned to the authorized agency; the language is mandatory.
- Courts may not add procedures not found in the statute; SSL § 383-c(6)(a) contains no provision authorizing a best-interests hearing after a timely revocation.
- Domestic Relations Law § 115-b (private-placement adoptions) differs from SSL § 383-c (agency adoptions); a best-interests hearing mechanism tied to revocation under DRL § 115-b cannot be imported into an SSL § 383-c proceeding.
- An appeal from a final order may bring up for review an intermediate order that affected the final disposition.

## Conclusion

Because Katrina revoked her extra-judicial surrender within the 45-day period set by SSL § 383-c(6)(a) and before judicial approval, the statute required Family Court to treat the surrender as void and to deny the agency’s approval petition; the court therefore erred by denying the revocation motion and proceeding to a best-interests hearing and approval.


In the Matter of Tony S.H., Jr., 158 N.Y.S.3d 460 (2021)