Kathleen G. v. St. Lawrence County Department of Social Services
The petitioner appealed an order from the Surrogate’s Court of St. Lawrence County which dismissed her application to vacate the surrender of her infant daughter, Elizabeth, for adoption to the respondent. Elizabeth had previously been in foster care and returned to the petitioner. The petitioner subsequently signed a surrender document in December 1988, allegedly after discussions with her caseworker and an adoption worker, and after it was read and explained to her by the adoption worker and acknowledged by the Surrogate. Petitioner later sought to vacate the surrender, alleging she was misled and coerced, particularly concerning visitation rights. The Surrogate's Court dismissed her petition, finding her testimony unbelievable and crediting the respondent's witnesses who testified that the surrender was fully discussed, voluntary, and without conditions on visitation. The appellate court affirmed the decision, deferring to the Surrogate's Court's factual findings regarding witness credibility and the voluntary nature of the surrender. Additionally, the court declined to review the constitutional question raised by the petitioner, as it was not litigated in the Surrogate's Court and the Attorney-General was not provided with notice.