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We hope to help you learn more about the child adoption laws in the State of California. Please remember that this information should not be used as the basis for making any legal decision. Please use appropriate resources and an attorney's advice when making legal decisions. Right now you have the power to help pregnant women, struggling mothers and children at no cost.
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We are here to help you too. Please click the link below to find information about the types of adoption, adoption counseling services, government financial assistance for adopting families, a free adoption manual and much more.
Adopting Families in California. Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division. The department shall review the qualifications of each individual to determine if he or she has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department. Intercountry adoption includes completion of the adoption in the child's native country or completion of the adoption in this state.
This section shall become operative on January 1, The consent of a child, if over the age of 12 years, is necessary to the child's adoption. A married person, not lawfully separated from the person's spouse, may not adopt a child without the consent of the spouse, provided that the spouse is capable of giving that consent. A child not having a presumed father under Section may not be adopted without the consent of the child's mother, if living.
Notwithstanding Sections and , the consent of a birth parent is not necessary in the following cases: All forms adopted by the department authorizing the release of an infant from a health facility to the custody of persons other than the person entitled to custody of the child pursuant to Section and authorizing these other persons to obtain medical care for the infant shall contain a statement in boldface type delineating the various types of adoptions available, the birth parents' rights with regard thereto, including, but not limited to, rights with regard to revocation of consent to adoption, and a statement regarding the authority of the court under Part 4 commencing with Section of Division 12 to declare the child abandoned by the birth parent or parents.
In addition to any other material that may be required by the department, the form shall include inquiries designed to elicit information on any illness, disease, or defect of a genetic or hereditary nature.
The accounting report shall be made under penalty of perjury and shall be submitted to the court on or before the date set for the hearing on the adoption petition, unless the court grants an extension of time. The report shall also include the dates of each payment, the names and addresses of each attorney, physician and surgeon, hospital, licensed adoption agency, or other person or organization who received any funds of the petitioners in connection with the adoption or the placement of the child with them, or participated in any way in the handling of those funds, either directly or indirectly.
All court hearings in an adoption proceeding shall be held in private, and the court shall exclude all persons except the officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties under the law governing adoptions.
The examination of each person shall be conducted separately but within the physical presence of every other person unless the court, in its discretion, orders otherwise. The power of attorney may be incorporated in the adoption petition. The deposition shall be taken upon commission, as prescribed by the Code of Civil Procedure, and the expense thereof shall be borne by the petitioner. If the law otherwise requires that the child execute any document during the course of the hearing, the child may do so through counsel.
Upon the request of the adoptive parents or the adopted child, a clerk of the superior court may issue a certificate of adoption that states the date and place of adoption, the birthday of the child, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent or by a relative, as defined in subdivision c of Section After adoption, the adopted child and the adoptive parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.
Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily entered into by birth relatives, including the birth parent or parents, and adoptive parents. A Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the child's Indian tribe if the case is governed by the Indian Child Welfare Act 25 U.
B Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the child's Indian tribe. C Provisions for the sharing of information about the child in the future.
The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child.
Any child who has been found to come within Section of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement.
Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child.
Documentary evidence or offers of proof may serve as the basis for the court's decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by any public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the child's home to the detriment of the child.
A The termination or modification is necessary to serve the best interests of the child. B There has been a substantial change of circumstances since the original agreement was executed and approved by the court. C The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for the court's decision. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation.
The birth parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted child, and have no right over the child.
A child adopted pursuant to this part may take the family name of the adoptive parent. The department shall adopt rules and regulations it determines are reasonably necessary to ensure that the birth parent or parents of Indian ancestry, seeking to relinquish a child for adoption, provide sufficient information to the department or to the licensed adoption agency so that a certificate of degree of Indian blood can be obtained from the Bureau of Indian Affairs.
The department shall immediately request a certificate of degree of Indian blood from the Bureau of Indian Affairs upon obtaining the information. A copy of all documents pertaining to the degree of Indian blood and tribal enrollment, including a copy of the certificate of degree of Indian blood, shall become a permanent record in the adoption files and shall be housed in a central location and made available to authorized personnel from the Bureau of Indian Affairs when required to determine the adopted person's eligibility to receive services or benefits because of the adopted person's status as an Indian.
This information shall be made available to the adopted person upon reaching the age of majority. The department, licensed adoption agency, or adoption service provider, as applicable, shall complete the forms provided for this purpose by the department and shall make this completed form a part of the file.
A The name of the child involved, and the actual date and place of birth of the child. B The name, address, date of birth, and tribal affiliation of the birth parents, maternal and paternal grandparents, and maternal and paternal great-grandparents of the child. C The name and address of extended family members of the child who have a tribal affiliation.
D The name and address of the Indian tribes or Indian organizations of which the child is, or may be, a member. E A statement of the reasons why the child is, or may be, an Indian. If any of the information required under paragraph 2 cannot be obtained, the notice shall indicate that fact.
B The notice sent pursuant to subparagraph A shall describe the nature of the proceeding and advise the recipient of the Indian tribe's right to intervene in the proceeding on its own behalf or on behalf of a tribal member relative of the child.
Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents, an Indian tribe, and the child, from voluntarily entering into a written agreement to permit continuing contact between the Indian tribe and the child, if the agreement is found by the court to have been entered into voluntarily and to be in the best interest of the child at the time the adoption petition is granted.
The department shall adopt regulations regarding the provision of adoption services by the department, licensed adoption agencies and other adoption service providers, and shall monitor the provision of those services by licensed adoption agencies and other adoption providers.
The department shall report violations of regulations to the appropriate licensing authority. A licensed private adoption agency whose services are limited to a particular target population shall inform all birth parents and prospective adoptive parents of its service limitations before commencing any services, signing any documents or agreements, or accepting any fees. A person or organization is an adoption facilitator if the person or organization is not licensed as an adoption agency by the State of California and engages in either the following activities: Any advertising by an adoption facilitator shall: An adoption facilitator shall not: An adoption facilitator shall disclose in the first oral communication in which there is a description of services, that the facilitator is not a licensed adoption agency.
If the facilitator is acting on behalf of more than one party, all of the parties on whose behalf the facilitator is acting shall have signed a written agreement authorizing the facilitator to act on behalf of all of the parties.
An adoption facilitator shall report in writing to the prospective adoptive parents all information that is provided to the facilitator by the birthparents concerning a particular child. For a period of 72 hours after signing a contract or after the payment of any fee, the birthparents or the prospective adoptive parents may revoke the contract and request the return of any fees paid, without penalty, except for any reasonable fees actually earned by the facilitator and which are supported by written records or documentation.
The amount of fees paid to an adoption facilitator and any fees or expenses an adoption facilitator pays to a third party shall be reported to the court in the adoption accounting report as an adoption-related expense. All contracts entered into by an adoption facilitator shall be in writing and, at a minimum, shall include the following: The adoption facilitator shall also explain the terms of the written contract verbally to the prospective adoptive parents and the birthparents.
Any contract entered into pursuant to this chapter is subject to the rules and remedies relating to contracts generally. In any action to revoke or enforce the contract, a prevailing party may recover reasonable attorneys' fees and costs. Notwithstanding the provisions of this chapter, an attorney who provides services specified in Section related to facilitating an adoption shall be subject only to those provisions of law regulating the practice of law.
Any person aggrieved by any violation of this chapter may bring a civil action for damages, for rescission, or for any other civil or equitable remedy. The relinquishment, when reciting that the person making it is entitled to the sole custody of the child and acknowledged before the officer, is prima facie evidence of the right of the person making it to the sole custody of the child and the person's sole right to relinquish.
The licensed adoption agency shall send that copy by certified mail, return receipt requested, or by overnight courier or messenger, with proof of delivery, to the department no earlier than the end of the business day following the signing thereof.
The relinquishment shall be final within 10 business days after receipt of the filing by the department, unless a longer period of time is necessary due to a pending court action or some other cause beyond the control of the department.
After the relinquishment is filed and final, it may be rescinded only by the mutual consent of the department or licensed adoption agency to which the child was relinquished and the birth parent or parents relinquishing the child. At or before the time a relinquishment is signed, the department or licensed adoption agency shall advise the birth parent signing the relinquishment, verbally and in writing, that the birth parent may, at any time in the future, request from the department or agency all known information about the status of the child's adoption, except for personal, identifying information about the adoptive family.
The birth parent shall be advised that this information includes, but is not limited to, all of the following: The statement shall, in a clear and concise manner and in words calculated to ensure the confidence of the birth parents in the integrity of the adoption process, communicate to the birth parents of a child who is the subject of an adoption petition all of the following facts: Consequently, it is of the utmost importance that the birth parent indicate whether to allow this disclosure by checking the appropriate box provided on the form.
The file is not open to inspection by any persons other than the parties to the adoption proceeding, their attorneys, and the department, except upon order of a judge of the superior court. Indicate by checking one of the boxes below whether or not you wish your name and address to be disclosed: When the parental rights of a birth parent are terminated pursuant to Chapter 5 commencing with Section of Part 3 of Division 12 or Part 4 commencing with Section of Division 12, or pursuant to Section Indicate by checking one of the boxes below whether or not you wish your name and address to be disclosed:.
Any placement for temporary care, or for adoption, made by the department or a licensed adoption agency may be terminated in its discretion at any time before the granting of an order of adoption.
In the event of termination of any placement for temporary care or for adoption, the child shall be returned promptly to the physical custody of the department or licensed adoption agency. After the adoption petition has been filed, the department or licensed adoption agency may remove the child from the prospective adoptive parents only with the approval of the court, upon motion by the department or licensed adoption agency after notice to the prospective adoptive parents, supported by an affidavit or affidavits stating the grounds on which removal is sought.
If the department or licensed adoption agency refuses to consent to the adoption of a child by the person or persons with whom the department or licensed adoption agency placed the child for adoption, the court may nevertheless order the adoption if it finds that the refusal to consent is not in the child's best interest.
The department or agency bringing the action shall give notice in the form prescribed by the court to all known relatives of the child up to and including the third degree of lineal or collateral consanguinity.
The biological parents' failure to provide a blood sample shall not affect the adoption of the child. The cost of drawing and storing the blood samples shall be paid for by a separate fee in addition to the fee required under Section The department shall adopt regulations governing the operations of the photo-listing service and shall establish procedures for monitoring compliance with this section.
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