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Name: In re T.S.
Case #: C043419
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/04/2003
Subsequent History: None

Appellants challenged the adoptability finding by the juvenile court because the finding was based in part upon the fact that the paternal grandparents of the minors wanted to adopt them. The grandparents were 61 and 57, and had not yet had physical exams to establish that they were fit to parent. Appellants argued that the older age of the grandparents was a legal impediment to adoption. The appellate court here rejected the argument. Appellants presented no basis for their assertion that an older age is an impediment to adoption, and the court declined to “engage in such unsupportable age-based stereotyping.” In fact, common experience informs us otherwise. As long as the parents are at least ten years older than the minor, age is no impediment to adoption. Suitability to parent, a determination which may include issues of age or physical condition, may be an issue in subsequent adoption proceedings, but not at the section 366.26 termination hearing.