In Re Charlotte D.

This case, like Guardianship of Ann S. (2009) 45 Cal.4th 1110 [ 90 Cal.Rptr.3d 701 , 202 P.3d 1089 ] (Ann S.), concerns the constitutionality of Probate Code section 1516.5 (hereafter, section 1516.5). Under section 1516.5, parental rights may be terminated based on the child’s best interest after two years of probate guardianship, when a guardian seeks to adopt the child. The Court of Appeal below held the statute unconstitutional as applied to unwed fathers who have demonstrated a full commitment to parental responsibility, under Adoption of Kelsey S. (1992) 1 Cal.4th 816 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ] (Kelsey S.). The court reasoned that due process requires a finding of parental unfitness before such a father may be deprived of his parental rights. It remanded for the trial court to determine whether the father in this case could show the necessary commitment to parental responsibility.

We reverse. As discussed in Ann S., supra, 45 Cal.4th 1110 , section 1516.5 does not violate due process on its face by adopting the best interest of the child as the standard for terminating parental rights. However, the statute is open to constitutional challenge as applied…