Cassandra L. v. Richard M.

Facts

Aaron H. was born in September 1998. His teenage mother, Alexis H., soon determined that she was unable to care for Aaron and put him up for adoption. Alexis’s aunt and uncle, Cassandra L. and Jon L., decided to adopt Aaron. Alexis was in favor of the adoption.

The adoption petition was filed on December 18, 1998. Richard M. was named in the petition as Aaron’s father. The attorney for Cassandra and Jon sent Richard a letter advising him: “You could be the natural father of Aaron [H.], born September . . . 1998, who has been placed for adoption. The child’s mother is Alexis [H.] If you wish to establish that you are the father, the action must be brought within 30 days of the service of this notice or the birth of the child, whichever is later. The action must be brought in the Superior Court, County of Contra Costa, located at 725 Court Street, Martinez, California, 94553.” This notice was served on Richard on December 24, 1998. The following events occurred in 1999:

After more than 30 days had passed with no action by Richard, Cassandra and Jon filed another petition. This one, ex parte, as authorized by Family Code section 7662, asked the court to “find and…