168 Misc.2d 943, Matter of Adoption of Stephen

Citation:168 Misc.2d 943, 645 N.Y.S.2d 1012
Party Name:Matter of Adoption of Stephen
Case Date:July 11, 1996

Page 943

168 Misc.2d 943

645 N.Y.S.2d 1012

In the Matter of the ADOPTION OF STEPHEN, a Minor.

Supreme Court of New York, Monroe County.

July 11, 1996.

[645 N.Y.S.2d 1013] Flory G. Herman, Williamsville, for petitioner.


A petition for private placement adoption has been filed by Katherine and Timothy F. concerning an infant boy born on November 24, 1995. The child's mother and her husband executed consents to the adoption. It is agreed that the mother's husband is not the biological father of the child.

The issue presented here is whether certain expenses paid by the adoptive parents through their attorney to the biological mother and a rental agent are allowable under New York law. The court has permitted petitioners to supplement their original papers with additional affidavits and offered them the opportunity to more fully develop the record at a hearing. No request has been made for a hearing. The court, therefore, makes its decision based upon the following documents filed by

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petitioners: the petition for adoption, affidavit of financial disclosure of adoptive parents (undated), attorney's affidavit regarding approval of living expenses (5/24/96) and exhibits attached thereto, the supplemental affidavit of the mother (5/10/96), and the amended attorney's affidavit (6/17/96).


The adoptive parents have paid a total of $883.60 for counseling services for the mother, unknown amounts for uninsured medical expenses, travel expenses of $25.00, $1,600 for living expenses paid to the mother and $240 paid to a rental agent for rent. In addition, an unknown amount has been paid or is due to the mother's lawyer.

The biological mother confirms the counseling costs and that an unknown amount has or will be paid for her medical expenses. [645 N.Y.S.2d 1014] Regarding the living expenses she states in an affidavit dated 5/10/96:

I received a weekly allowance from August 14,1996[sic]through October 21,1996[sic] of $75.00 per week and from October 22, 1996 [sic] through December 9, 1996[sic] (approximately 13 days after I gave birth to BABY BOY B.), the allowance was $100.00 per week.

Undoubtedly, the mother was referring to the payments made between August and December 1995 not 1996, as stated in the affidavit.

The mother's affidavit further states that during this period she resided with her husband, from whom she claims to have been estranged, and her two children. She claims that her circumstances were desperate and that her husband agreed to...

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