Adoption of Daniele G.

This case revolves around the interpretation and application of Adoption of Kelsey S. (1992) 1 Cal.4th 816 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ].

When Jaime T. was 20 and Annie G. was 18, they lived together for about a month. After Annie became pregnant with Jaime’s child, she moved back in with her parents. Annie wanted to place the child for adoption. Jaime wanted to keep the child; to that end, he filed a paternity petition. When Annie gave birth, she placed Daniele G. with Robert and Tracy D., who filed an adoption petition; Bethany Christian Services, the adoption agency, filed a petition to terminate Jaime’s parental rights.

If a man is the presumed father of a child, the child cannot be adopted without his consent (Fam. Code, § 8604, subd. (a)), unless the trial court finds, on statutorily specified grounds, that he is unfit. (Fam. Code, §§ 8604, subd. (b), 8606.) If, however, he is not a presumed father of a child, the child can be adopted without his' consent, and his parental rights can be terminated, unless the court determines it is in the child’s best interest for him to retain his parental rights. (Fam. Code, § 7664, subd. (b).) Jaime did not qualify as…