In Re Ariel H.

86 Cal.Rptr.2d 125 (1999) 73 Cal.App.4th 70 In re ARIEL H., a Minor.

Dennis H. et al., Petitioners and Respondents,

v.

Joshua P., a Minor, Objector and Appellant.

Joshua P., a Minor, Plaintiff and Appellant,

v.

Lisa H., Defendant and Respondent.

No. G022651. Court of Appeal, Fourth District, Division Three.

May 27, 1999. [126] Etcheverry & Barnes, Louis P. Etcheverry and Paige M. Barnes, Bakersfield, for Objector and Appellant and for Plaintiff and Appellant.

Bonnie J. Hiler, Yorba Linda, and Jane A. Gorman, Tustin, for Petitioners and Respondents.

Tisha L. Harman, for Defendant and Respondent.

OPINION

SILLS, P.J.

An unwed biological father who promptly assumes parental responsibilities of his natural child will be declared the minor's presumed father unless the court finds him unfit. In this case, the biological father was just fifteen years old. While physically mature, his emotional immaturity caused him to avoid making even minimal effort to assume parental responsibilities until after the child was born and his parents were served with the adoption papers. The biological father relies on his minority to excuse his failure to promptly assume parental responsibilities. The court was unimpressed with his argument. We are less so, and affirm.

I

Ariel H. was born in May 1997. Her father, Joshua P., was fifteen years old. Her mother, Lisa H., was but seventeen years old. After Ariel was born, Lisa turned her over to Dennis and Diane H. (no relationship to Lisa). The adoptive parents filed a petition to determine if Joshua had parental rights, and whether his consent was necessary for Ariel's adoption. Joshua then filed a complaint to establish parental rights and obtain custody. Following a contested hearing, the court determined that Joshua was not the presumed father and his consent to the adoption was unnecessary. The court terminated his parental rights, and Joshua appeals.