Adoption of Christopher S.

Appellant and natural father Dennis S. appeals from a judgment ordering the adoption of his two minor children by their stepfather. He argues: (1) the trial court failed to make a finding of “detriment” as required by Civil Code section 4600; 1 (2) the facts are insufficient to support the trial court’s findings under section 224; and (3) the wishes of the children were not addressed pursuant to section 4600. We hold that section 4600 is not applicable to adoption proceedings under section 224 and affirm the judgment of adoption.

I. Facts and Procedure

Lucille T., the natural mother of the children in question, divorced appellant, Dennis S., in 1976. She was awarded custody of their two minor children, as well as child support. In 1983 she married the petitioner in this action, Martin T.

On February 28, 1985, Martin T. filed a petition for a stepparent adoption. Lucille T. filed a consent form to the adoption. (§ 226.1.) Petitioner alleged, pursuant to Civil Code section 224, that the consent of Dennis S. was unnecessary because he had failed to support his two children for a one-year period, and had also failed to communicate with them during that period.

At the…

The majority opinion has substantial internal tensions. First we are told that neither the California Legislature nor the California Supreme Court meant to speak broadly when they used such terms as “[i]n any proceeding” (Civ. Code, § 4600, subd. (a), italics added) 1 or a “uniform rule” (In re B. G. (1974) 11 Cal.3d 679, 696 [ 114 Cal.Rptr. 444 , 523 P.2d 244 ]). But in the next breath we are told that the Legislature meant to speak very broadly when it enacted a minute amendment correcting a small problem.

In my opinion broad language should be interpreted broadly and narrow language should be interpreted narrowly. Since I have the California Supreme Court on my side, I dissent.

Section 4600 speaks in universal terms: “Before the court makes any order awarding custody to a person or persons other than a parent, without *442 the consent of the parents, it shall make a finding that an award of custody to a parent would be detrimental to the child.” (Id., subd. (c), italics added.)

It is not surprising that right from its first authoritative interpretation of section 4600, In re B. G., supra, 11 Cal.3d 679 , the California Supreme Court has recognized the universal applicability…

Appellant and natural father Dennis S. appeals from a judgment ordering the adoption of his two minor children by their stepfather. He argues: (1) the trial court failed to make a finding of "detriment" as required by Civil Code section 4600; [1] (2) the facts are insufficient to support the trial court's findings under section 224; and (3) the wishes of the children were not addressed pursuant to section 4600. We hold that section 4600 is not applicable to adoption proceedings under section 224 and affirm the judgment of adoption.

Lucille T., the natural mother of the children in question, divorced appellant, Dennis S., in 1976. She was awarded custody of their two minor children, as well as child support. In 1983 she married the petitioner in this action, Martin T.

On February 28, 1985, Martin T. filed a petition for a stepparent adoption. Lucille T. filed a consent form to the adoption. (§ 226.1.) Petitioner alleged, pursuant to Civil Code section 224, that the consent of Dennis S. was unnecessary because he had failed to support his two children for a one-year period, and had also failed to communicate with them during that period.

At the hearing on the…