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Name: In re Kyle F.
Case #: F038536
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/03/2003
Subsequent History: None

Appellant was the father of the minor. Father could have been, but was not, charged with misdemeanor unlawful sexual intercourse. Based on a footnote in Adoption of Kelsey S., the trial court concluded that appellant, who was 18 when he impregnated the 16-year old mother, should not profit by the commission of the uncharged crime. It therefore concluded that appellant had no right to withhold his consent to the minor’s adoption and denied him a custodial preference. The appellate court here reversed. The footnote relied on did not disqualify appellant from demonstrating a constitutional right to preserve his relationship with the child. Rather, it intended to deny protections to a father whose child is conceived as a result of nonconsensual sexual intercourse.