Opinion
November 9, 1961
Order entered on May 29, 1961 denying petitioner's application for an abrogation of the adoption unanimously reversed on the law, on the facts and in the exercise of discretion, without costs, and the application to abrogate the adoption granted. The abrogation of an adoption pursuant to section 116 Dom. Rel. of the Domestic Relations Law (now § 118) requires the consent of all interested parties. However, the Surrogate is not obliged to decree an abrogation merely because all the interested parties join in seeking such relief. The section also requires that the Surrogate be satisfied that the "abrogation of the adoption * * * will be for the best interests of the foster child". Looking to the facts of this case we conclude that the best interests of the child will be served by such abrogation and that, in the proper exercise of the Surrogate's discretion, the petition should have been granted.
Concur — Botein, P.J., Breitel, Rabin, Valente and McNally, JJ.