Adoption of Marie R

In Adoption of Marie R. (1978) 79 Cal. App. 3d 624, the baby was conceived while the mother was engaged to be married to Charles K. The mother broke off the engagement, and although Charles wanted to keep the baby, she decided to place the child for adoption. Charles offered to pay for the mother's prenatal support and expenses of birth, but she refused. She also refused to allow him to receive the baby into his home. Three days before the baby's birth, the mother married Scott R.; when the baby was two days old, the mother placed her with prospective adoptive parents. The trial court found Charles was a presumed father under former Civil Code section 7004, subdivision (a)(4) (now Fam. Code, 7611, subd. (d)) because he " 'constructively received the baby as his own, although actual receipt of the baby was prevented by the natural mother.' " (Adoption of Marie R., supra, 79 Cal. App. 3d at p. 626.) The appellate court reversed, finding Charles could not be a presumed father absent actual contact with the child. "The cases have recognized that a mother may, by her conduct, prevent a natural father from securing even the minimal contact with the child that [former Civil Code section 7004, subdivision (a)(4)] required." ( Id. at p. 630.)