S.Y.
S.Y. v. S.B.
Opinion
Lead Opinion
Blease, J.
S.B., the adoptive mother of G.B. and M.B., appeals from a judgment declaring that her former same-sex partner S.Y. 1 is a presumed parent of the children under Family Code section 7611, subdivision (d) (hereafter section 7611(d)). 2 S.B. contends the trial court erred in finding S.Y. is a presumed parent because she never “actually received the children into her own home” or “openly held the children out as her own natural children,” as required under section 7611(d). She also asserts that the trial court abused its discretion in concluding this was not an appropriate action in which to rebut the parentage presumption (§ 7612, subd. (a)), and that recognizing S.Y. as a parent violated S.B.’s right to substantive due process by interfering with her interest in the care, custody, and management of her children.
We shall conclude the trial court did not err in finding that S.Y. is a presumed parent of G.B. and M.B. Substantial evidence supports the trial court’s findings that (1) S.B.’s home served as the family home, and S.Y. *1026 received the children into that home, and (2) S.Y. openly held the children out as her natural children. As we shall explain, whether S.B.…