WEJ

I dissent.

I disagree with the majority’s holding that a natural father of a non-marital child has no power to veto the adoption of his child if such father is not a “presumed natural father” as that term is defined in Civil Code section 7004. In so holding, the majority determines that the trial judge’s order—giving the unmarried natural father custody of his nonmarital child to enable him to become a “presumed natural father” with power to veto the adoption of his child—was beyond the jurisdiction of the trial judge.

The history of the proceedings in the case at bench is of more than slight importance. The child involved, Baby Boy G., was born on August 23, 1978. Three days later, the mother, Ms. G., placed the baby with Mr. and Mrs. J., who filed an adoption proceeding on August 31, 1978, which is only eight days after the birth of Baby Boy G. The father of Baby Boy G., F.L., not married to the mother, has objected to the adoption and has sought custody of his child as a part of the proceedings involved herein.

I consider that this case presents two issues: First, the question of the proper interpretation of various provisions of the Uniform Parentage Act (Civ. Code, § 7000…

I concur. I agree with the analysis of the applicable statutes and cases set forth in Justice Files’ opinion. What that opinion orders is entirely consistent with Justice Jefferson’s concern for the parent-child relationship between this father and the child. The trial court is directed (as it has not yet done) to consider, whether it will be adverse to the best interests of the child to give custody to the father. If it *316 so concludes, it may then proceed with the adoption. If, however, it should conclude that custody in the father would not be adverse to the best interests of the child, it may award custody to the father and deny the petition for adoption. But to foreclose any inquiry into the respective claims of the biological father and the would-be adopters, by making the biological father a “presumed” father merely because of the biological father’s act of causing conception is contrary to all of the public policy of this state.

Garber & Rudof and J.M. Groshan for Real Party in Interest.

OPINION

FILES, P.J.

(1) This original proceeding requires us to determine whether or not the biological father of a nonmarital child, who is not a "presumed father" as defined in Civil Code section 7004, [1] holds the power to veto a proposed adoption. Our conclusion is that, although the biological father is entitled to be heard in opposition to the adoption proceedings, and to present his own qualification for custody, the adoption may be ordered without his consent as is provided in section 7017, subdivision (d), and section 224.

The underlying superior court proceeding commenced with a petition filed August 31, 1978, by Mr. and Mrs. J., husband and wife, for the adoption of Baby Boy G., born August 23, 1978. Although the entire file of the superior court has not been brought up, the papers here show that the order we review was based on these facts: The baby's mother, Ms. G., released her child to Mr. and Mrs. J. the day after his birth, and the child has been with them ever since. The biological father, F.L., was, at the time of conception, and still is, married to a woman other than Ms. G. [2]

F.L. appeared in…

This original proceeding requires us to determine whether or not the biological father of a nonmarital child, who is not a “presumed father” as defined in Civil Code section 7004, 1 holds the power to veto a proposed adoption. Our conclusion is that, although the biological father is entitled to be heard in opposition to the adoption proceedings, and to present his own qualification for custody, the adoption may be ordered without his consent as is provided in section 7017, subdivision (d), and section 224.

The underlying superior court proceeding commenced with a petition filed August 31, 1978, by Mr. and Mrs. J., husband and wife, for the adoption of Baby Boy G., born August 23, 1978. Although the entire *306 file of the superior court has not been brought up, the papers here show that the order we review was based on these facts: The baby’s mother, Ms. G., released her child to Mr. and Mrs. J. the day after his birth, and the child has been with them ever since. The biological father, F.L., was, at the time of conception, and still is, married to a woman other than Ms. G.

F.L. appeared in the adoption proceeding, with counsel, and sought custody of the child.…