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New York - Any age limit on capacity to sign extrajudicial consent to place child.

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  • New York - Any age limit on capacity to sign extrajudicial consent to place child.

    I am a NY attorney trying to find info on capacity to execute an extrajudical consent. Also interested if anyone can actually win a best interests hearing on revocation.

  • #2
    NOt sure on what you are saying. I imagine to sign consent to place a child the person needs to be at least the age of majority and if younger, may require that the parent sign or a judicial officer sign in place of a parent for the signature to be binding. Without knowing the context of this, it is hard to provide a different answer.

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    • #3
      specifics

      more specifically i have an assigned case ( as most of mine are) involving a 17 year old attempting to revoke her extrajudicial consent. New York has a 45 day revocation period however that only gets you a "best interests" hearing. Voiding the consent woul dbe preferable for my client. Whil emy instinct says the same about capacity, i have found no support. Unfortunately the right to choose is implicated so i suppose that is why. Still it would seem there should be some different requirements than a person of majority. I have found no support. I welcome any suggestions.

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