In Re Elijah

Linda M. Fabian, San Diego, under appointment by the Court of Appeal, for Minor.

HUFFMAN, Acting P.J.

Armando P. appeals an order denying him services to reunify with his biological son, Elijah V., and finding Jesse V. is Elijah's conclusively presumed father. Armando asserts his right to due process of law was violated when he was not allowed to establish paternity under Adoption of Kelsey S. (1992) 1 Cal.4th 816 , 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ( Kelsey S. ); the court erred by not weighing competing policy factors in Family Code section 7611 [1] when it determined Jesse was Elijah's presumed father; the court should not have found Jesse was conclusively presumed to be Elijah's presumed father under section 7540; Armando's right to equal protection under the Fourteenth Amendment of the United States Constitution was violated when the court denied him reunification services based on his status as a biological father; and the court should have offered him reunification services because doing so was in Elijah's best interests. We affirm the order.

Jesse married Michelle V. in September 2001 in Texas. The next month, they moved to San Diego. On November 12, the same day the…