What is the current state of the law on the rights of biological fathers?

California, United States of America


The following excerpt is from Adoption of Kelsey S., 1 Cal.4th 816, 4 Cal.Rptr.2d 615, 823 P.2d 1216 (Cal. 1992):

The high court again considered the rights of biological fathers only four years later in Lehr v. Robertson (1983) 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (Lehr). The father and mother lived together before the child's birth, and he visited the child in the hospital when the child was born. He did not, however, live with either the mother or child after its birth, and he did not provide them with any financial support. Nor did he offer to marry the mother. Eight months after the child's birth, the mother married another man. When the child was two years old, the mother and her new husband began adoption proceedings. One month later, the biological father filed an action seeking a determination of his paternity, an order of support, and visitation with the child.

Page 626

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