In re Sarah M

In In re Sarah M. (1994) 22 Cal.App.4th 1642, the birth parents appealed the order finding their children were adoptable and terminating their parental rights. At the termination hearing, the trial court sustained numerous objections to questions by the birth parents to the social worker regarding the suitability of the prospective adoptive parent. On appeal, the birth parents claimed the questions were relevant to the issue of whether their children were adoptable and the trial court erred in sustaining the objections to the questions. The appellate court began its discussion with the proposition that "the issue of adoptability posed in a section 366.26 hearing focuses on the minor, e.g., whether the minor's age, physical condition, and emotional state make it difficult to find a person willing to adopt the minor. Hence, it is not necessary that the minor already be in a potential adoptive home or that there be a proposed adoptive parent 'waiting in the wings.' " (Id. at p. 1649.) Although Sarah M. found the question of adoptability focuses on the minor rather than the prospective adoptive family, the appellate court went on to state that "the fact that a prospective adoptive parent has expressed interest in adopting the minor is evidence that the minor's age, physical condition, mental state, and other matters relating to the child are not likely to dissuade individuals from adopting the minor. In other words, a prospective adoptive parent's willingness to adopt generally indicates the minor is likely to be adopted within a reasonable time either by the prospective adoptive parent or by some other family italics original. " (In re Sarah M., supra, 22 Cal.App.4th at pp. 1649-1650.)