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Name: In re Charlotte D.
Case #: B183788
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 02/15/2006
Subsequent History: 5/24/06 revw. granted: S142028
Summary

Father’s parental rights were terminated pursuant to recently enacted Probate Code section 1516.5, which allows for termination of parental rights where a minor has been in the custody of a legal guardian for at least two years, and the court finds that it would be in the minor’s best interest to be adopted. Father challenged the constitutionality of the statute. The appellate court held that although the statute was not unconstitutional on its face, because it allows parental rights termination without a finding of unfitness, it is unconstitutional to the extent it is applied to unwed fathers who have made a full commitment to their parental responsibilities. Therefore, remand was required to determine in this case whether appellant had demonstrated the requisite commitment to parental responsibilities.