Adoption of Jacob A.
Trina A. and Gerald A., the birth parents of Jacob A., filed notices of appeal from the juvenile courts August 20, 2009 order denying their petition to vacate adoption proceedings and to return child to birth parents. Although prior to 1995 birth parents could file a special motion to withdraw consent to adoption and the denial of such a motion was immediately appealable, there now exists no authorization for such a motion; and there is no statutory basis for an immediate appeal of the juvenile courts order. In addition, because Jacobs adoption has not been finalized, the juvenile courts August 20, 2009 order is not appealable as a final determination of the rights of Trina and Gerald pursuant to Code of Civil Procedure section 904.1, subdivision (a)(1). Accordingly, the appeals are dismissed.
Comments on Adoption of Jacob A.