Adoption of E.B.

76 Cal. App. 5th 359 (2022)

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Adoption of E.B.

California Court of Appeal
76 Cal. App. 5th 359 (2022)

  • Written by Liz Nakamura, JD

Facts

J.O., M.B., and Third-Parent (T.P.) (plaintiff) (collectively, the three parents) were in a committed polyamorous relationship and cohabitated. The three parents agreed to raise a child together, and that the child would be conceived by J.O. and M.B. After the child, E.B., was born, the three parents raised E.B. collectively, and T.P. took an active, equal role in all parenting responsibilities. T.P. filed an uncontested petition to adopt E.B. as a third parent. California’s State Department of Social Services (CDSS) conducted the required pre-adoption investigation and recommended that allowing T.P. to adopt E.B. would be in E.B’s best interest. The trial court rejected CDSS’s recommendation and denied T.P.’s petition, holding that T.P. failed to satisfy the requirements of the Uniform Parentage Act (UPA). Specifically, the trial court held that T.P. had not yet fulfilled E.B.’s parenting needs for a suitably substantial period of time and that there was no real risk J.O. and M.B. would prevent T.P. from seeing E.B. Therefore, the trial court concluded that it would not be detrimental to E.B. to be restricted to only two legal parents, namely J.O. and M.B. E.B. appealed, arguing that (1) the trial court had erred by applying UPA instead of California’s adoption laws, and (2) T.P.’s petition would have been granted had the trial court applied the correct law.

Rule of Law

Issue

Holding and Reasoning (Raye, J.)

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