County of Ventura Public Social Services Agency v. Edwin E.

*594 Opinion

—The instant case involves two appeals consolidated on this court’s motion. Edwin E. (Edwin) appeals from a judgment terminating his rights to custody and control of his biological child, Cheryl E. (Cheryl). (Civ. Code, § 232.) County of Ventura (County), Public Social Services Agency (PSSA), and Adoption Worker (AW) appeal from a judgment that Evelina E.’s (Evelina) relinquishment of Cheryl for adoption be rescinded for fraud and undue influence. We granted leave for Cheryl’s court-appointed trial counsel to file an amicus curiae brief in the appeal from the judgment of rescission. (2d Civ. B-003231.)

We affirm the judgment of rescission in case B-003231 and reverse the judgment terminating Edwin’s parental rights in case 2d Civ. 68879.

Facts

Evelina

At the time of trial on Evelina’s civil action for relinquishment based upon fraud, she was 41 years old, had been married 21 years, had 8 children (including Cheryl), had never worked outside the home, had a ninth grade education, and had been receiving aid to dependent children for 10 years.

In March 1981, approximately one month prior to Cheryl’s birth, Ev-elina discovered that she and her family were facing…