Silva

Silva v. Hazel G.

Good Law
196 Cal. App. 3d 675·1987 Cal. App. LEXIS 2362·241 Cal. Rptr. 869
Court of Appeal of CaliforniaNovember 24, 1987No. H001738California4,018 words

Opinion

Lead Opinion

Capaccioli, J.

This case presents the issue of what rights should be accorded the conceded de facto parents of a dependent child. Appellants Hazel and Jerry G., who are unrelated biologically to Jamie but are her psychological or de facto parents, urge this court to conclude that they should be afforded the same rights as Jamie’s biological parents. Respondent argues that de facto parents are not parents or guardians for the purposes of article 10 of the Juvenile Court Law. We decline to equate the two for this purpose and therefore affirm the juvenile court’s order.

Jamie’s biological mother lived with appellants while she was pregnant. She apparently had no interest in raising the child, for whom appellants agreed to care after its birth. The biological mother obtained prenatal care and entered the hospital for the baby’s birth using Hazel’s name. On Jamie’s birth certificate, Hazel’s name appears as that of her biological mother. Two days after Jamie’s birth, she was released to Hazel from the hospital. The mother then left the area. She has apparently had no contact with Jamie since this time, and her present whereabouts are unknown.

Jamie lived with appellants for the next three…

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