George M. v. Superior Court

Real party in interest Jennefer P. has consented to the adoption of her daughter, Allyson, by real parties in interest William and Martha B. who have filed a petition for adoption and a petition to terminate the parental rights of the alleged natural father, petitioner George M. These petitions have been consolidated with an action filed by George M. to determine and establish parental relationship and custody of Allyson.

George M. has filed the instant petition for writ of mandate, prohibition or other appropriate relief, seeking pretrial appellate review of a series of interim orders issued by respondent superior court. With a single exception, we have determined that George M. has failed to demonstrate that relief by extraordinary writ is warranted. The exception concerns respondent court’s ruling that, in determining his parental rights, George M. is to be treated as a “natural father,” rather than being accorded the rights of a “presumed father.”

“In defining the rights of unmarried fathers, California’s Uniform Parentage Act (Civ. Code, § 7000 et seq.) distinguishes between a ‘pre sumed father’ and one who is merely a ‘natural father.’ ” (Michael U. v. Jamie B.…