W. E. J. v. Superior Court

Opinion

FILES, P. J.

This original proceeding requires us to determine whether or not the biological father of a nonmarital child, who is not a “presumed father” as defined in Civil Code section 7004,1 holds the power to veto a proposed adoption. Our conclusion is that, although the biological father is entitled to be heard in opposition to the adoption proceedings, and to present his own qualification for custody, the adoption may be ordered without his consent as is provided in section 7017, subdivision (d), and section 224.

The underlying superior court proceeding commenced with a petition…