CALIFORNIA FAMILY LAW
...Custody and Visitation
......Paternity/Surrogacy Issues
.........Consent for Adoption
 10 Cards On This Topic:
  • Statutory consent to adoption by natural father.
  • F's notice of appeal from orders dispensing with his consent to adoption and terminating parental rights was untimely where time for filing expired 60 days after the court's ruling was filed and served and F filed 4 days later.
  • Absent clear and convincing showing of unfitness, equal protection and due process require nonpresumed biological father be allowed to withhold consent to adoption.
  • Unwed F’s failure to totally commit to fatherhood during pregnancy negates his right to veto 3d party at-birth adoption.
  • Implied finding that awarding custody to unwed, teenaged F would not be detrimental to C was not supported by substantial evidence, and order awarding F temporary custody was an abuse of discretion.
  • Given the lack of full financial commitment and the negative emotional effect of his cyber-stalking during pregnancy, trial court did not err in concluding D was not a Kelsey S. father.
  • Unwed mother has no unqualified, unilateral right to decide her baby will be adopted and to deny biological F his right to parent his child under either FC §7611 or Kelsey S.—F here qualified under Kelsey S.
  • Juvenile court did not err by terminating biological F's parental rights without making an express finding of unfitness.
  • Court must hold hearing on adoption petition re termination of parental rights, first taking evidence on whether F's consent to adoption required under Kelsey S. and Michael H.
  • Trial court properly found unwed, teenaged F had not met Kelsey S. requirements and had no protected right allowing him to stand in way of C's adoption.


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