Harvey-Cook v. Neill

In Harvey-Cook v. Neill, 118 A.D.2d 109, the Appellate Division, Second Department stated that the general rule is a biological parent's duty of support for his or her child continues until actual formalized adoption of the child by others. The Court stated in construing regulations concerning recapture of support from parents of children placed in foster care that such duty of parental support by the biological parents continues, absent formalized adoption, in cases of either voluntary or involuntary surrender or termination of parental rights (SSL 384; SSL 384-b).