Matter of Alexandra C

In Matter of Alexandra C. (157 Misc 2d 262), the court construed Social Services Law 383-c to accord the biological parent of an adoptive child standing to petition the court for continuing contact with the child after the adoption where such privilege was explicitly reserved in the surrender. Although the record in that case indicated that the surrender was conditioned upon the reservation of visitation rights, the court was willing to accept the conditional surrender on the clear understanding that the right of visitation was always subject to the best interests of the child. Specifically, the court pointed out that it had advised the parties that, in accepting the surrender, the reservation of visitation rights "does not convey an automatic right to visitation, but confers standing on the biological parent's part to seek such visitation as in the child's best interests" (Matter of Alexandra C., supra, at 270).