SCARPETTA V. SPENCE-CHAPIN ADOPTION SERVICE, 269 N.E.2d 787 (1971) CASE BRIEF

SCARPETTA V. SPENCE-CHAPIN ADOPTION SERVICE
269 N.E.2d 787 (1971)
NATURE OF THE CASE: This was a dispute over an adoption.
FACTS: Olga (P) was an unmarried 32-year-old who lived in Colombia, South America. She got pregnant by a married Colombian and decided to come to New York to have the child to spare her family the shame of her conduct. Four days after the birth of the child, P placed it up for adoption and 10 days later a surrender document was signed and the child was placed for adoption. Five days later P changed her mind and requested that the child be returned to her. P was unsuccessful and then sued in habeas corpus to have the child returned. The court concluded that the mother should have the child returned. This appeal ensued.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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