In Re Clarissa H.

We hold in this case that under Family Code section 7894 a judgment terminating parental rights may not be reversed on the ground it was taken by default. Rather, an appellate court may review such a judgment only for sufficiency of the evidence or error. (§ 7894, subds. (b) & (c).) We affirm the judgment terminating the parental rights of John Martin H. (John), the biological father of Clarissa H. and John Michael H., under section 7822, subdivision (a) on the ground of abandonment.

Factual and Procedural Background

Clarissa and John Michael are the children of John and B. R., who separated in 1997 and divorced in 1999. After the separation, the children lived with B. R. In 2001 B. R. married Hector R., and in March 2002 he filed a petition for stepparent adoption of the children on the ground of John’s abandonment. (In re the Adoption Petition of Hector R. (Super. Ct. San Diego County, 2001, No. A48948).)

In April 2002 Hector commenced this companion action by filing a petition under section 7822, subdivision (a) to declare the children free from the custody and control of John. It was alleged in the petition that John failed to provide financial support for the…