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Amy G. v. M.W.

Court of Appeal of California
142 Cal. App. 4th 1 (2006)


Kim (plaintiff) and Father (defendant) had an extramarital affair, while Father was married to Amy (defendant). As a result, Kim gave birth to a son, Nathan. Kim cared for Nathan exclusively during the first month of his life. When Nathan was one month old, Father presented Kim with a custody-and-adoption agreement. The agreement provided that Kim was relinquishing all rights to parent Nathan, that Father would retain full custody, and that Amy would adopt Nathan. Father and Kim both signed the agreement, and Father and Amy began raising Nathan. Kim later explained that she did not understand the agreement that she had signed. Thus, Kim filed a petition for custody. Father responded, requesting that the court join Amy in the action and enter a judgment establishing Amy as Nathan’s mother. The trial court denied Father’s motion to join Amy in the action. Amy filed a separate action against Father and Kim, seeking to have herself declared Nathan’s mother. Kim moved to quash Amy’s separate action. The trial court granted Kim’s motion and dismissed the suit. Amy and Father appealed to the Court of Appeal of California, which consolidated the appeal and Kim’s petition.

Rule of Law


Holding and Reasoning (Klein, J.)

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