Adoption of Michael H. – Adoption
Adoption of Michael H., 10 Cal. 4th 1043, 43 Cal. Rptr. 2d 445, 898 P.2d 891 (Cal. 1995).
NATURE OF THE CASE: This lawsuit dealt with the issue of a biological father’s right to stop an adoption of his child by a third party.
FACTS: After dating for two years, Stephanie became pregnant by Mark. Stephanie suggested an abortion but the couple eventually agreed to put the child up for adoption.
Soon thereafter Mark was arrested for aggravated assaults against Stephanie and attempted suicide on Stephanie’s sixteenth birthday. Mark then changed his mind about putting their child up for adoption and Mark proceeded to seek custody three weeks after their son Michael was born. A petition was filed to terminate Mark’s status and Mark filed a petition to establish a father-child relationship. The court determined that Mark was not the presumed father and that it would be in the child’s best interests to be adopted by the couple Stephanie had chosen. Mark appealed.
ISSUE: Does a father having failed status as a presumed father have a right to stop an adoption so long as there is no proof that he is an unfit parent?
RULE OF LAW: Yes. A father having failed status as a presumed father has a right to stop an adoption so long as there is no proof that he is an unfit parent.
HOLDING AND DECISION: However, this right is premised upon the father coming forward promptly and demonstrating a full commitment to his parental responsibilities as the biological mother allowed and circumstances permitted within a short time after he learned or reasonably should have learned that the biological mother was pregnant with his child. From these facts, it cannot be said that Mark was fully committed to his parental responsibilities a he clearly planned to give up the child. As such, we must hold that Mark gave up his constitutionally inchoate right under the Kelsey decision. Mark has no constitutional veto right.