California Court Case: Adoption of Baby Boy D

Adoption of BABY BOY D., a Minor. STEPHEN V. et al., Plaintiffs and Appellants, v. DOLORES D., Defendant and Respondent. No. B151279.

COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SEVEN 93 Cal. App. 4th 1; 112 Cal. Rptr. 2d 760; 2001 Daily Journal DAR 11347; 2001 Cal. Daily Op. Serivce 9101

October 23, 2001, Decided Counsel Amended October 30, 2001. Review Denied January 16, 2002, Reported at: 2002 Cal. LEXIS 350.

APPEAL from an order of the Superior Court of Los Angeles County. Super. Ct. No. BN3631-S. John L. Henning, Judge. Reversed.

COUNSEL:

John L. Dodd & Associates, John L. Dodd; Gradstein & Gorman, Jane A. Gorman and Marc Gradstein for Plaintiffs and Appellants. Schmiesing, Blied, Stoddart & Mackey and Timothy S. Blied for Plaintiff and Appellant Bethany Christian Services. Curtis V. Leftwich for Defendant and Respondent. Michael J. Kretzmer for Minor.

JUDGES:

Opinion by Woods, J., with Johnson, Acting P. J., and Boland, J., * concurring. * Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

OPINION:

WOODS, J. Adopting parents Stephen and Sandra V. appeal from an order transferring custody of the minor, Baby Boy D., from the adopting parents to the birth mother, Dolores D. This case involves an agency adoption in which the birth mother did not initial one of 20 boxes on a form known as a statement of understanding supplied by the California Department of Social Services (DSS). We conclude the crux of this appeal is whether there was an effective relinquishment by the birth mother terminating her parental rights. We reverse as we conclude there was an effective relinquishment.

FACTUAL AND PROCEDURAL SYNOPSIS

I. The Adoption Process On December 3, 1999, the V.'s entered into an agency adoption agreement with Bethany Christian Services (Bethany), n1 a California adoption agency. Bethany was to provide adoption services for a fee.

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n1 Bethany filed a letter joining in appellants' opening and reply briefs.

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