Scarpetta v. Spence-Chapin Adoption Service
Court of Appeals of New York
269 N.E.2d 787 (1971)
Olga Scarpetta (plaintiff), an unmarried mother, surrendered her newborn to Spence-Chapin Adoption Services (defendant) ten days after birth so the baby could be adopted, and the baby was placed with prospective adoptive parents about a month later while the agency retained legal custody. Scarpetta had second thoughts within days, learned her well-off family would support her in raising the child, and asked Spence-Chapin to return the baby only five days after the placement -- a request the agency refused, leading her to sue; the prospective adoptive parents were denied leave to intervene, and the lower courts sided with Scarpetta.
Whether a mother who surrendered her newborn baby for adoption may regain custody after having second thoughts, where she has the means and ability to care for the child and seeks its return soon after surrender and before any adoption decree is entered.