Matter of Shannon F

In Matter of Shannon F. (175 Misc 2d 565 [Fam Ct, Richmond County 1998]), the court held that a surrender instrument executed by a biological mother was a nullity since it contained the express condition that the children be adopted by their grandmother who died before she could adopt them. The court stated that "it is absolutely clear to this court that Ms. P. F. executed the conditional surrenders solely for the purpose of having her two children adopted by Ms. P. The surrenders do not authorize the adoption of the children by anyone other than Ms. P." ( Id. at 567.) The court held that the surrender instrument was a nullity because the condition could never be met.