Other Cases Affecting Children

Adoption of Baby Boy D. (2001) 93 Cal.App.4th 1 [112 Cal.Rptr.2d 760]. Court of Appeal, Second District, Division 7.

The trial court transferred custody of a child from the adopting parents to the birth mother. In an agency adoption, the birth mother failed to initial one of the 20 boxes on the relinquishment form. Upon receipt of the relinquishment form, the Department of Social Services (DSS) refused to acknowledge it because one of the boxes was not initialed. DSS denied acknowledgment of the form two more times despite the fact that the agency had sent affidavits. The birth mother testified that her failure to initial one of the boxes was an oversight and that she had signed the document freely and willingly. The trial court found that the relinquishment was defective because it was incomplete, and that DSS had acted within its authority in refusing to acknowledge it. The court ordered that the child be returned to the birth mother on a gradual basis. The adoptive parents appealed.

The Court of Appeal reversed the decision of the trial court. It concluded that the court should have done more than review the action of DSS and determine the completeness of the form; the trial court should have determined whether the form was valid based on the mother's waiver of parental rights. The refusal of DSS to acknowledge the form is not determinative of whether or not it was valid. The birth mother knowingly and voluntarily signed the relinquishment form with the intent to place her child up for adoption. She intended to initial box 20 of the form. The appellate court ordered that DSS receive and acknowledge the birth mother's relinquishment form. The trial court was also directed to terminate the birth mother's parental rights.