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FAMILY CODE SECTION 7660-7671

7660. If a mother relinquishes for or consents to, or proposes to
relinquish for or consent to, the adoption of a child who has a
presumed parent under Section 7611, the presumed parent shall be
given notice of the adoption proceeding and have the rights provided
under Part 2 (commencing with Section 8600) of Division 13, unless
that parent’s relationship to the child has been previously
terminated or determined by a court not to exist or the presumed
parent has voluntarily relinquished for or consented to the adoption
of the child.

7660.5. Notwithstanding any other provision of law, a presumed
father may waive the right to notice of any adoption proceeding by
executing a form developed by the department before an authorized
representative of the department, an authorized representative of a
licensed public or private adoption agency, or a notary public or
other person authorized to perform notarial acts. The waiver of
notice form may be validly executed before or after the birth of the
child, and once signed no notice, relinquishment for, or consent to
adoption of the child shall be required from the father for the
adoption to proceed. This shall be a voluntary and informed waiver
without undue influence. If the child is an Indian child as defined
under the Indian Child Welfare Act (ICWA), any waiver of consent by
an Indian presumed father shall be executed in accordance with the
requirements for voluntary adoptions set forth in Section 1913 of
Title 25 of the United States Code. The waiver shall not affect the
rights of any known federally recognized Indian tribe or tribes from
which the child or the presumed father may be descended to
notification of, or participation in, adoption proceedings as
provided by the ICWA. Notice that the waiver has been executed shall
be given to any known federally recognized Indian tribe or tribes
from which the child or the presumed father may be descended, as
required by the ICWA.

7661. If the other parent relinquishes for or consents to, or
proposes to relinquish for or consent to, the adoption of a child,
the mother shall be given notice of the adoption proceeding and have
the rights provided under Part 2 (commencing with Section 8600) of
Division 13, unless the mother’s relationship to the child has been
previously terminated by a court or the mother has voluntarily
relinquished for or consented to the adoption of the child.

7662. (a) If a mother relinquishes for or consents to, or proposes
to relinquish for or consent to, the adoption of a child, or if a
child otherwise becomes the subject of an adoption proceeding, the
agency or person to whom the child has been or is to be relinquished,
or the mother or the person having physical or legal custody of the
child, or the prospective adoptive parent, shall file a petition to
terminate the parental rights of the alleged father, unless one of
the following occurs:
(1) The alleged father’s relationship to the child has been
previously terminated or determined not to exist by a court.
(2) The alleged father has been served as prescribed in Section
7666 with a written notice alleging that he is or could be the
biological father of the child to be adopted or placed for adoption
and has failed to bring an action for the purpose of declaring the
existence of the father and child relationship pursuant to
subdivision (c) of Section 7630 within 30 days of service of the
notice or the birth of the child, whichever is later.
(3) The alleged father has executed a written form developed by
the department to waive notice, to deny his paternity, relinquish the
child for adoption, or consent to the adoption of the child.
(b) The alleged father may validly execute a waiver or denial of
paternity before or after the birth of the child, and, once signed,
no notice of, relinquishment for, or consent to adoption of the child
shall be required from the alleged father for the adoption to
proceed.
(c) Except as provided in this subdivision and subdivision (d),
all proceedings affecting a child, including proceedings under
Divisions 8 (commencing with Section 3000) to 11 (commencing with
Section 6500), inclusive, Part 1 (commencing with Section 7500) to
Part 3 (commencing with Section 7600), inclusive, of this division,
and Part 1 (commencing with Section 1400), Part 2 (commencing with
Section 1500), and Part 4 (commencing with Section 2100) of Division
4 of the Probate Code, and any motion or petition for custody or
visitation filed in a proceeding under this part, shall be stayed.
The petition to terminate parental rights under this section is the
only matter that may be heard during the stay until the court issues
a final ruling on the petition.
(d) This section does not limit the jurisdiction of the court
pursuant to Part 3 (commencing with Section 6240) and Part 4
(commencing with Section 6300) of Division 10 with respect to
domestic violence orders, or pursuant to Article 6 (commencing with
Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and
Institutions Code with respect to dependency proceedings.

7663. (a) In an effort to identify all alleged fathers and presumed
parents, the court shall cause inquiry to be made of the mother and
any other appropriate person by one of the following:
(1) The State Department of Social Services.
(2) A licensed county adoption agency.
(3) The licensed adoption agency to which the child is to be
relinquished.
(4) In the case of a stepparent adoption, the licensed clinical
social worker or licensed marriage and family therapist who is
performing the investigation pursuant to Section 9001, if applicable.
In the case of a stepparent adoption in which no licensed clinical
social worker or licensed marriage and family therapist is performing
the investigation pursuant to Section 9001, the board of supervisors
may assign those inquiries to a licensed county adoption agency, the
county department designated by the board of supervisors to
administer the public social services program, or the county
probation department.
(b) The inquiry shall include all of the following:
(1) Whether the mother was married at the time of conception of
the child or at any time thereafter.
(2) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
(3) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
(4) Whether any person has formally or informally acknowledged or
declared his or her possible parentage of the child.
(5) The names and whereabouts, if known, of every person presumed
or man alleged to be the parent of the child, and the efforts made to
give notice of the proposed adoption to each person identified.
(c) The agency that completes the inquiry shall file a written
report of the findings with the court.

7664. (a) If, after the inquiry, the biological father is
identified to the satisfaction of the court, or if more than one man
is identified as a possible biological father, notice of the
proceeding shall be given in accordance with Section 7666. If any
alleged biological father fails to appear or, if appearing, fails to
claim parental rights, his parental rights with reference to the
child shall be terminated.
(b) If the biological father or a man representing himself to be
the biological father claims parental rights, the court shall
determine if he is the biological father. The court shall then
determine if it is in the best interest of the child that the
biological father retain his parental rights, or that an adoption of
the child be allowed to proceed. The court, in making that
determination, may consider all relevant evidence, including the
efforts made by the biological father to obtain custody, the age and
prior placement of the child, and the effects of a change of
placement on the child.
(c) If the court finds that it is in the best interest of the
child that the biological father should be allowed to retain his
parental rights, the court shall order that his consent is necessary
for an adoption. If the court finds that the man claiming parental
rights is not the biological father, or that if he is the biological
father it is in the child’s best interest that an adoption be allowed
to proceed, the court shall order that the consent of that man is
not required for an adoption. This finding terminates all parental
rights and responsibilities with respect to the child.

7665. If, after the inquiry, the court is unable to identify the
biological father or any possible biological father and no person has
appeared claiming to be the biological father and claiming custodial
rights, the court shall enter an order terminating the unknown
biological father’s parental rights with reference to the child.

7666. (a) Except as provided in subdivision (b), notice of the
proceeding shall be given to every person identified as the
biological father or a possible biological father in accordance with
the Code of Civil Procedure for the service of process in a civil
action in this state at least 10 days before the date of the
proceeding, except that publication or posting of the notice of the
proceeding is not required, and service on the parent or guardian of
a biological father or possible biological father who is a minor is
not required unless the minor has previously provided written
authorization to serve his or her parent or guardian. Proof of giving
the notice shall be filed with the court before the petition is
heard.
(b) Notice to a man identified as or alleged to be the biological
father shall not be required, and the court shall issue an order
dispensing with notice to him, under any of the following
circumstances:
(1) The relationship to the child has been previously terminated
or determined not to exist by a court.
(2) The alleged father has executed a written form to waive
notice, deny his paternity, relinquish the child for adoption, or
consent to the adoption of the child.
(3) The whereabouts or identity of the alleged father are unknown
or cannot be ascertained.
(4) The alleged father has been served with written notice of his
alleged paternity and the proposed adoption, and he has failed to
bring an action pursuant to subdivision (c) of Section 7630 within 30
days of service of the notice or the birth of the child, whichever
is later.

7667. (a) Notwithstanding any other provision of law, an action to
terminate the parental rights of an alleged father of a child as
specified in this part shall be set for hearing not more than 45 days
after filing of the petition, except as provided in subdivision (c).
(b) The matter so set shall have precedence over all other civil
matters on the date set for trial, except an action to terminate
parental rights pursuant to Part 4 (commencing with Section 7800).
(c) The court may dispense with a hearing and issue an ex parte
order terminating parental rights if any of the following applies:
(1) The identity or whereabouts of the alleged father are unknown.
(2) The alleged father has validly executed a waiver of the right
to notice or a denial of paternity.
(3) The alleged father has been served with written notice of his
alleged paternity and the proposed adoption, and he has failed to
bring an action pursuant to subdivision (c) of Section 7630 within 30
days of service of the notice or the birth of the child, whichever
is later.

7668. (a) The court may continue the proceedings for not more than
30 days as necessary to appoint counsel and to enable counsel to
prepare for the case adequately or for other good cause.
(b) In order to obtain an order for a continuance of the hearing,
written notice shall be filed within two court days of the date set
for the hearing, together with affidavits or declarations detailing
specific facts showing that a continuance is necessary, unless the
court for good cause entertains an oral motion for continuance.
(c) Continuances shall be granted only upon a showing of good
cause. Neither a stipulation between counsel nor the convenience of
the parties is in and of itself a good cause.
(d) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. If a continuance is granted, the facts proven which
require the continuance shall be entered upon the minutes of the
court.

7669. (a) 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.
(b) After making the order, the court has no power to set aside,
change, or modify that order.
(c) Nothing in this section limits the right to appeal from the
order and judgment.

7670. There shall be no filing fee charged for a petition filed
pursuant to Section 7662.

7671. A single petition may be filed pursuant to Section 7662 to
terminate the parental rights of the alleged father or fathers of two
or more biological siblings or to terminate the parental rights of
two or more alleged fathers of the same child. A petition filed in
accordance with this section may be granted in whole or in part in
accordance with the procedures set forth in this chapter. The court
shall retain discretion to bifurcate any case in which the petition
was filed in accordance with this section, and shall do so whenever
it is necessary to protect the interests of a party or a child who is
the subject of the proceeding.