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In the Matter of the Adoption Proceeding for Baby Girl M.

Adoptive Parents Granted Custody Although Biological Mother Timely Revoked Consent

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DECISION AND ORDER

*1 The subject child in this proceeding was born March 21, 2017, and is now ten months old. Both respondent and the biological father (hereinafter R.M.) executed extrajudicial consents to the adoption of the child on March 23, 2017. Petitioners were conditionally certified as adoptive parents and obtained custody of the child from the hospital on March 23, 2017, after they were notified of the biological parents’ consents to their adoption of the child. Forty days later, by letter dated May 2, 2017, respondent revoked her consent. R.M. did not revoke his consent. Respondent’s notice of revocation was timely and properly given, and petitioners’ notice of their intent to oppose respondent’s revocation was also timely. Respondent does not claim fraud, duress or coercion in the execution of her extrajudicial consent to adoption. Pursuant to Domestic Relations Law §115-b (6) (d) (ii), a hearing was held to take proof as to*2

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