IN RE KYLE F.

No. F038536.

5 Cal.Rptr.3d 190 (2003)

112 Cal.App.4th 538

In re KYLE F., a Minor. John J. et al., Petitioners and Respondents, v. Garrett S., Objector and Appellant. Garrett S., Plaintiff, Cross-defendant and Appellant, v. Lindsay F., a Minor etc., Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Fifth District.

Review Denied January 22, 2004.


Attorney(s) appearing for the Case

Francia M. Welker, under appointment by the Court of Appeal, for Objector and Appellant and for Plaintiff, Cross-defendant and Appellant.

Douglas R. Donnelly, Santa Barbara, for Petitioners and Respondents and for Defendant, Cross-complainant and Respondent.


OPINION

LEVY, J.

The issue presented by this appeal is whether an unwed father who could have been, but was not, charged with misdemeanor unlawful sexual intercourse, can for this reason alone be denied the right to withhold his consent to his child's adoption. Based on its interpretation of a footnote in Adoption of Kelsey S. (1992) 1 Cal.4th 816, 4 Cal.Rptr.2d 615

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