Stephen v. v. Dolores D.

Adopting parents Stephen and Sandra V. appeal from an order transferring custody of the minor, Baby Boy D., from the adopting parents to the birth mother, Dolores D. This case involves an agency adoption in which the birth mother did not initial one of 20 boxes on a form known as a statement of understanding supplied by the California Department of Social Services (DSS). We conclude the crux of this appeal is whether there was an effective relinquishment by the birth mother terminating her parental rights. We reverse as we conclude there was an effective relinquishment.

Factual and Procedural Synopsis

I. The Adoption Process

On December 3, 1999, the V.’s entered into an agency adoption agreement with Bethany Christian Services (Bethany), a California adoption agency. Bethany was to provide adoption services for a fee.

Dolores, who was 31 years old, unmarried, and the mother of three other children by three different men, discovered she was pregnant again in approximately July 2000. The father of this child, Robert S., has not been located to this day.

On about December 18, Dolores called Bethany to make an appointment to receive counseling concerning her pregnancy…