Can an order requiring or dispensing with an alleged father's consent for the adoption of a child be appealed from in the same manner as an order of the juvenile court declaring a person to be a ward?

California, United States of America


The following excerpt is from K.M. v. Marcos J. (In re Adoption Reed H.), 206 Cal.Rptr.3d 905, 3 Cal.App.5th 76 (Cal. App. 2016):

Section 7669 states, in pertinent part: An order requiring or dispensing with an alleged father's consent for the adoption of a child may be appealed from in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court and is conclusive and binding upon the alleged father. ( 7669, subd. (a).) The statutory language itself is generally the most reliable indicator of legislative intent. (People v. Trevino (2001) 26 Cal.4th 237, 241, 109 Cal.Rptr.2d 567, 27 P.3d 283.) The language of section 7669 clearly authorizes a right to appeal and provides a separate procedure for appeal from that used in unlimited civil cases by adopting the procedure applicable to juvenile court orders declaring a person to be a ward.

When statutory language is thus clear and unambiguous there is no need for construction, and courts should not indulge in it . (Delaney v. Superior Court (1990) 50 Cal.3d 785, 800, 268 Cal.Rptr. 753, 789 P.2d 934.) However here, where Marcos J. argues that section 7669 provides for not merely a right to appeal but a choice of methods of bringing the appeal, a resort to the legislative history of the code section is instructive.

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
How have we dealt with the issue of timely appeal from the Court of Appeal in the context of an order requiring a timely appeal? (California, United States of America)
Does the juvenile court have jurisdiction to hear and determine a motion to vacate an order that adjudges a person to be a ward of the court? (California, United States of America)
Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)
If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders? (California, United States of America)
What are the findings of the Court of Appeal on the appeal of a motion of appeal against an order requiring the Attorney General to produce a copy of the Plaintiff's file? (California, United States of America)
Does the biological father of a child who was adopted by his ex-wife have to provide notice of the adoption proceedings to his biological father? (California, United States of America)
When a child is deemed adoptable by the juvenile court, does the child need to be placed on a permanent basis? (California, United States of America)
When a court of appeal has an appealable judgment or order before it, does the court have jurisdiction to affirm, reverse or modify it? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.