7600 – 7671: Termination of Parental Rights in Adoption Proceedings
California law provides a specific legal process for terminating parental rights when a child is placed for adoption. This process ensures that all necessary parties are notified and given the opportunity to assert or relinquish their rights, while prioritizing the child’s stability and future placement.
Notice and Waiver Requirements for Presumed and Alleged Parents
When a mother initiates or plans to consent to an adoption and the child has a presumed father under Section 7611, that presumed parent must be notified and granted the rights afforded under adoption law, unless their rights have already been terminated, waived, or found not to exist. A presumed father can formally waive the right to notice by signing an official waiver in front of an authorized representative or notary. This waiver is voluntary and can be signed before or after the child’s birth.
If the child qualifies under the Indian Child Welfare Act (ICWA), additional tribal notification requirements apply, and the waiver must conform to federal standards. The same notice and rights apply to the mother if the other parent is initiating or consenting to the adoption.
Filing a Petition to Terminate Parental Rights
If either parent initiates adoption proceedings, a petition must generally be filed to terminate the rights of any alleged father unless specific exceptions apply. These exceptions include a previous court determination that the father has no parental rights, failure to respond to a legal notice within 30 days, or voluntary execution of a waiver, denial of parentage, or consent to adoption.
Once an alleged father has signed a valid waiver or denial, no further notice or consent is required for the adoption to proceed. While the petition is pending, all other legal proceedings involving the child are stayed. This stay ensures that the adoption case is prioritized unless the matter involves domestic violence orders or dependency proceedings, which remain under court jurisdiction.
Court Inquiry and Identification of Alleged Fathers
To identify all possible fathers, the court is required to initiate a formal inquiry. This is done through licensed adoption agencies, the State Department of Social Services, or qualified professionals in stepparent adoptions. The inquiry includes questions about the mother’s marital or cohabitation status, financial support during pregnancy, and any known acknowledgments of paternity. Names and contact details of all possible presumed or alleged fathers must be documented, along with efforts made to notify them.
The results of the inquiry must be submitted in writing to the court for consideration.
Termination Based on Lack of Response or Identification
If a potential biological father is identified, he must be notified in accordance with legal service procedures. If he does not appear or fails to claim parental rights, those rights are terminated. If a man appears and claims rights, the court first determines biological parentage. It then considers whether allowing that parent to retain rights is in the child’s best interest.
In making this determination, the court may evaluate factors such as the father’s efforts to gain custody, the child’s age and placement history, and the potential impact of changing the child’s home.
If no father is identified or comes forward to claim rights, the court will issue an order terminating the rights of the unknown biological father.
Timing, Hearings, and Continuances
Hearings to terminate parental rights must be scheduled within 45 days of the petition’s filing, and they take precedence over most other civil matters. The court may also issue an ex parte termination order without a hearing if the father’s identity or location is unknown, he has executed a valid waiver, or he has failed to respond within the legal timeframe.
Continuances are only granted for good cause, must be supported by detailed written documentation, and are limited to the time shown to be necessary. Mere convenience or agreement between parties is not considered good cause.
Final Orders and Petitions Involving Multiple Children or Fathers
Once the court issues an order terminating or dispensing with a father’s consent, the order is binding and may be appealed, but it cannot be modified or set aside. Appeals follow the same rules as those for juvenile court dependency rulings.
There is no filing fee for a petition filed under Section 7662. A single petition may include multiple siblings or multiple alleged fathers of the same child. The court may choose to separate such cases if doing so is necessary to protect any party’s or child’s interests.
Key Takeaways
- Presumed and alleged parents must be notified of adoption unless rights are legally waived or terminated
- Alleged fathers can waive notice, deny parentage, or consent before or after birth
- A formal court-directed inquiry is required to identify all possible fathers
- Termination can proceed if a father fails to respond or cannot be identified
- Courts must weigh the child’s best interests when determining parental rights
- Proceedings are fast-tracked, with stays on other legal matters and limited continuances
- Orders terminating rights are final, binding, and appealable
- A single petition may address multiple fathers or children when appropriate
This legal framework ensures that adoption proceedings in California are handled with clarity, fairness, and urgency. By requiring formal notice, timely action, and a focused inquiry into parental identity, the law protects the rights of all parties while prioritizing the child’s need for stability and permanency. Whether rights are voluntarily waived, legally challenged, or judicially terminated, the ultimate goal remains consistent—securing a safe, permanent home for the child.