I am a concerned father inquiring on behalf of my son on a most unfortunate matter that has come up. As a parent, it is my hope that someone's fruitful knowledge of California adoption laws and procedures might be shared in a way that can be of tremendous benefit to taking the appropriate steps to resolve the situation at hand. The case in a nutshell:

In the "beginning", my 25 year old son and a 27 year old female decided to share an apartment in San Diego California as roomates. But even though they started out as simple roomates, they began having consensual and intermitten sex. In spite of their behavior, neither of them considered the other as fiancées or in any type of committed relationship other than "friends". To make a long story short; my son's roomate became pregnant and decided to conceal her pregnancy from him. Her resolve was so great that she was able to deceive my son for six months. When she was six months pregnant, she moved to a different apartment and he decided to move closer to his family (in Bakersfield California). After she conceived the child, she put him up for an adoption (apparantly this was her plan all along). Soon After she gave the baby up, she communicated to my son that she had his baby and that it was her decision to put him up for an adoption (listing on the birth certificate that she didn't know who the father was). After finding this information out, my son contacted the adoption agency claiming himself as the father and the desire to raise his child. Of course, the agency is not doing a thing about it and needless to say my son is becoming more distraught as time goes on.

The baby was born during the last week of June and my son was told during the first week of July. By the second week of July, the agency was informed of this matter. What I would like to know is how does California adoption procedure (more specifically in San Diego county) view a putative father matter in a situation as his? Typically, if a putative father showed signs of caring and nurturing before birth and has notified through the courts about his claim to be the natural father, he more than likely would be able to gain custody of the child. But what about a case where the putative father was never told until after the child was given up? Obviously, he was never given the opportunity to display a father's commitment to child because of her decision to deceive him and her plan to give the baby up for adoption. What course of action would you suggest my son take and how much of a window does he have to inform the court of his desire to establish paternity? It's obviouse that he will need a lawyer, but some general information would be great. How realistic are his chances to stop adoption proceedings and how can he force a paternity test to establish his rights as a natural father. I would appreciate your knowledge on the matter.

A concerned father and grandfather

His chances, with an attorney, are great.

California does not have a Putative Father's Registry. Here is the statue that pertains to your son and the adoption of his alleged child:

Registry/Paternity Requirements to Receive Notice
Citation: Fam. Code §§ 7662; 7663; 7666


The putative father must bring an action declaring the existence of a father-child relationship within 30 days of service of the notice of adoption proceedings, or the birth of the child, whichever is later.
To identify the natural father, the court shall cause an inquiry to be made of the birth mother and any other appropriate person.
Notice must be given at least 10 days prior to a proceeding to every person identified as the natural father or a possible natural father.


I hope this helps but he really does need to retain an attorney, especially since there was a fraud committed by the biological mother. Since he was never served with adoption paperwork, there may be a way around the 30 days to bring his own action.

Similar story - my son and his girlfriend lived in my home for several months, then she became pregnant. 8 1/2 months into the pregnancy, she starts a fight with him, goes to her parents across town, then calls and tells us that she is going to Texas to relax before the baby is born. Prior to this, she helped pick oout furniture and everything else needed for a newborn to come into our home. 1 week later, we receive a phone call stating that the baby died in utero, due to strangelation. My son was devestated. For 7 days, we all believed that his daughter, my grandbaby, was dead.

Then I received a phone call that stated that she, the birthmom, lied, had just given birth that morning in a hospital in Oregon, and was giving the baby girl up for adoption. She was told to go to Oregon due to the lack of Father's Rights, especially since my son, the birth father, did not notify the courts 30 days in advance that he was the biological father. We went to Oregon immediately, found a lawyer, got a written, notorized statement from the birthmother about her lies to everyone involved, but still, 4 months later, still haven't seen our baby girl! Our lawyer did something illegal, recused herself off the case, and no other lawyer in the Portland area will take on the case due to all the negativity surrounding the case. His lawyer is up on charges.
The Beverly Hills lawyer that advised the birthmother to go to Oregon - David Keene Leavitt!! Well known for baby-brokering!! We need help. I have depleted all my money and have nothing left to sell.
We need someone who wants to help fathers who WANT to be fathers fight for their rights! Why is the mother the only one to have rights for the child? It took a MAN and a woman to make the child - they should have equal rights!

Mo,

Please post this to a new thread. This needs more attention than it will get at the end of an old thread. I am so sorry this is happening to your family and I pray that everything will be sorted out before too much more time goes by.

Best of luck!

OSM