In Re Baby Boy M.

Concluding a teenage mother who placed her infant with prospective adoptive parents had abandoned the child, the superior court terminated her parental rights. The court determined the natural father was not a presumed father (Civ. Code, § 7017) and his consent to the adoption was unnecessary. The court rejected the natural parents’ petition for return of the child pursuant to Civil Code section 226b. We reverse with directions to restore custody to the birth mother.

I

Stephanie M. was a 15-year-old unwed high school student when she became pregnant. Her 19-year-old boyfriend, Steven A., stopped dating her when she told him of the pregnancy. Stephanie’s mother and stepfather did not learn of her condition until she was in her seventh month. They were not eager for their daughter to bring a baby into their home; and arrangements were soon made through a physician for an independent, open adoption by the W.’s.

Baby Boy M. was born on January 5, 1989. Stephanie signed the department of social services’ “Health Facility Minor Release Report” (designated as form AD 22) on January 8. Under the boldface heading, “Important Notice ,” the form states it “is not a relinquishment…