Marckwardt

We must determine whether the Legislature, in recently extending the jurisdiction of the family court to grant a spouse visitation rights to “a minor child of the other [spouse]” (Civ. Code, § 4351.5), empowered the court to award a natural father visitation of his children after their adoption by his former wife’s new husband.

Facts

Real party in interest Robert Soto (Soto) is the natural father of Kimberly Marckwardt and Melodie Marckwardt, ages seven and eight respectively. Their mother, Linda Marckwardt, obtained a decree of marital dissolution from Soto in 1981. The interlocutory decree awarded custody of the minor children to Linda Marckwardt. She thereafter married Marc Wilfried Marckwardt (Marckwardt), petitioner here.

Marckwardt then commenced proceedings for stepparent adoption of the children. In May of 1982, Soto executed two consents to this adoption, one for each child. (See Civ. Code, § 226.9.) Each consent recited that Soto was giving consent to adoption of his child by Marckwardt, “it being fully understood by me that with the signing of this document my consent may not be withdrawn except with court approval, and that with the signing of the order of…