Adoption of R.C. CA1/1

INTRODUCTION

Defendant A.T. appeals from the order terminating his parental rights to the child that plaintiffs C.K. and J.B. seek to adopt, and allowing the adoption to go forward without his consent. The trial court reinstated this order after reconsidering and rejecting its prior order by which it had set aside the default termination order (default order) pursuant to Code of Civil Procedure section 473, subdivision (b).1 The reinstatement ruling was based on the court’s conclusion that Family Code section 76692 deprived it of jurisdiction to set aside the termination order. However, because defendant was not served with notice of the proceeding in the manner required by statute, the court lacked personal jurisdiction over him at the time it originally entered the default order. 1 Code of Civil Procedure section 473, subdivision (b), provides that a “court may, upon any terms as may be just, relieve a party . . . from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. . . .” 2 All further statutory references are to the Family Code except as otherwise indicated.

1 Concluding the…