Section 7664 Of Chapter 5. Termination Of Parental Rights In Adoption Proceedings From California Family Law Code >> Division 12. >> Part 3. >> Chapter 5.
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.