Adoption of Baby Boy W.

Good Law
181 Cal. Rptr. 3d 130·232 Cal. App. 4th 438
Court of Appeal of CaliforniaDecember 15, 2014D066101California9,372 words

Opinion

Opinion

Aaron, J.

A biological father who does not qualify as a presumed father under Family Code section 7611 generally does not have statutory standing to block the adoption of his child unless he proves that it is in the child’s best interests that the adoption not proceed. (Adoption of Kelsey S. (1992) 1 Cal.4th 816 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ] (Kelsey S.); Adoption of Michael H. (1995) 10 Cal.4th 1043, 1052 [ 43 Cal.Rptr.2d 445 , 898 P.2d 891 ] (Michael H.).) Under Kelsey S., however, the father has a constitutional right to establish himself as a quasi-presumed or Kelsey S. father if he “promptly comes forward and demonstrates a full commitment to his parental responsibilities — emotional, financial, and otherwise . . . .” (Kelsey S., supra, at p. 849; see In re M.C. (2011) 195 Cal.App.4th 197, 219 [ 123 Cal.Rptr.3d 856 ].)

Jacqueline W. and Garrett J. are the unwed biological parents of Baby Boy W. When Jacqueline discovered that she was pregnant, she knew right away that Garrett was Baby Boy W.’s biological father, but she denied Garrett’s requests that she sign a voluntary declaration of paternity that would have established Garrett as Baby Boy W.’s statutory presumed…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.