Adoption of Zachariah K.

Subject matter jurisdiction for a proceeding to withdraw consent to adoption by a birth mother, pursuant to former Civil Code section 226a, is governed by the Uniform Child Custody Jurisdiction Act and the federal Parental Kidnapping Prevention Act. The trial court erred in exercising jurisdiction or, at the very least, in having failed to stay proceedings to communicate with the court in Oregon to ascertain whether Oregon declined to exercise jurisdiction. We reverse the order granting withdrawal of consent, dismissing the petition for adoption, and restoring custody of the child to the natural mother.

Facts

October 7, 1990, Michelle S. gave birth to a baby boy in Ventura, California. Immediately after his birth, Michelle placed him with appellants Craig M. and Georgene M., an Oregon couple, through arrangements made by Michelle’s pastor. After consulting with an attorney, Michelle signed consent to adoption, release and surrender of parental rights, and authorization for appellants to become the child’s guardians pending entry of an adoption decree, all on forms to be filed in the Oregon Circuit Court.

Michelle also signed an Interstate Compact on Placement of…