2011 California Code
Family Code
DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7961]
CHAPTER 5. Termination of Parental Rights in Adoption Proceedings
Section 7664


CA Fam Code § 7664 (through 2012 Leg Sess) What's This?

(a) If, after the inquiry, the natural father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, notice of the proceeding shall be given in accordance with Section 7666. If any alleged natural father fails to appear or, if appearing, fails to claim parental rights, his parental rights with reference to the child shall be terminated.

(b) If the natural father or a man representing himself to be the natural father claims parental rights, the court shall determine if he is the father. The court shall then determine if it is in the best interest of the child that the father retain his parental rights, or that an adoption of the child be allowed to proceed. The court, in making that determination, may consider all relevant evidence, including the efforts made by the father to obtain custody, the age and prior placement of the child, and the effects of a change of placement on the child.

(c) If the court finds that it is in the best interest of the child that the father should be allowed to retain his parental rights, the court shall order that his consent is necessary for an adoption. If the court finds that the man claiming parental rights is not the father, or that if he is the father it is in the child s best interest that an adoption be allowed to proceed, the court shall order that the consent of that man is not required for an adoption. This finding terminates all parental rights and responsibilities with respect to the child.

(Amended by Stats. 2011, Ch. 462, Sec. 2. Effective January 1, 2012.)

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