California Court of Appeal

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Adoption of O.M., A120844

In an adoption matter, order granting prospective adoptive parents' petition to terminate biological father's parental rights is affirmed where: 1) a biological father who does not qualify as a statutory presumed father, but who also has not been shown to be an unfit parent, is constitutionally entitled to prevent the termination of his parental rights if, as soon as he knew or should have known of the mother's pregnancy, he demonstrated a full commitment to his parental responsibilities; 2) this entitlement may also exist when the father's attempt to demonstrate such a commitment is unilaterally frustrated by the child's mother; and 3) in this case, the father did not make a showing of commitment to his parental responsibilities sufficient to entitle him to a hearing on his fitness before his parental rights could be terminated.

Appellate Information

  • Decided 12/22/2008
  • Published 12/22/2008

Judges

  • RUVOLO, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Frank H. Free, Berkeley, for Appellant.

  • For Appellees:
  • Law Office of Gradstein & Gorman, Seth F. Gorman, Half Moon Bay, and Marc Gradstein, Burlingame, for Respondents.
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