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Name: Adoption of K.C.
Case #: B265157
Court: CA Court of Appeal
District 2 DCA
Division: 6
Citation: 247 Cal.App.4th 1412

The UCCJEA does not apply to adoptions, and therefore failure to comply with its terms did not void parental rights termination under Family Code section 7822. Mother and her husband petitioned for a stepparent adoption of the minor, requesting the court terminate father’s parental rights under Family Code section 7822. The trial court granted the petition. On appeal, father contended that the trial court lacked jurisdiction because it failed to comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The appellate court rejected the argument, finding that the UCCJEA does not apply to adoptions. Father relied on Family Code section 3423, a part of the UCCJEA. However, Family Code section 3403 specifies that the UCCJEA does not apply to adoptions. Although father contended that the section 7822 petition was not an adoption, the petition and the trial court’s findings show that it is. In this case, the application of section 7822 is within the context of an adoption proceedings, so the UCCJEA does not apply.

Opinion Date: 06/10/2016