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California Adoption Statute Summary
California General Laws Annotated Sections 8500 to 8700 and 9200 to 9206 (1998). See also Sections 8700 to 8720 for more information specific to agency adoptions; 8800 to 8823 for independent adoptions; 8900 to 8919 for intercountry adoptions; and 9000 to 9007 for stepparent adoptions.
Who Can Adopt?
Any adult can adopt, as long as they are at least10 years older than the adoptee. A court may waive the 10-year requirement if the adoption is by a stepparent or relative and if it is in the child's best interest.
If a spouse wants to adopt, the other spouse must give his/her consent, unless they are legally separated.
For the first ninety days after a child is freed for adoption and is being placed by an agency, the child may only be placed with a family of the same racial, ethnic, and cultural background. An exception to this rule may be made when the birth parents request it, when the child has an extraordinary physical or emotional need, or when such a policy would otherwise not be in the child's best interest. Religious background will also be considered.
Who Can Be Adopted?
Any child or adult can be adopted. This summary, however, applies to the adoption of unmarried minors.
Consent to Adoption
The following parties must consent to the adoption:
1. the mother;
2. the man who is presumed to be the father by marriage or attempted marriage to the mother at the time of birth or within 300 days prior to birth; or has been legitimated as the father by other specified means;
3. Department of Social Services or county adoption agency, where parental consent
is not necessary; and
4. an adoptee who is over 12 years of age.
No consent is required in the following circumstances:
1. one parent has been awarded custody and the other parent has not communicated with nor paid support and care of the child for 1 year, then the custodial parent alone may consent, as long as the noncustodial parent is given notice of the hearing;
2. when parental rights have been terminated or the parent has voluntarily given up his or her rights to the child;
3. when the parent has deserted the child; or
4. when the parent has given up the child for adoption by relinquishing rights to the Department or a licensed agency.
The court shall order that relevant persons and agencies make efforts to identify the alleged natural father. Any potential natural father who is identified must be given notice of the hearing. After the natural father, or more than one natural father, is notified, they must claim paternity within thirty days and appear at the hearing or their parental rights will be terminated. If the natural father does appear in court, the court will determine if he is in fact the father and then determine if it is in the child's best interest for the father to retain his parental rights. If so, the father's consent will be required. If not, the court will terminate the father's parental rights.
If after making efforts, the court is unable to identify the natural father, the court will enter an order terminating the unknown father's parental rights. (This information regarding alleged father's rights is found in Sections 7610 to 7670 of the California Civil Code).
Regarding independent adoptions, any required consents may be withdrawn, until 90 days have passed, at which time the consent becomes permanent. A parent's relinquishment to an adoption agency, filed with the Department, is final. It may only be rescinded upon mutual agreement of the relinquishing parents and adoption agency.
Confidentiality
All adoption proceedings shall be held in private. The records in the hearing are not open to inspection, except upon a court order.
The natural parent may at any time in the future request from a licensed adoption agency or the State Department of Social Services all known information about the status of the child's adoption, except for identifying information about the adoptive family. Prior to adoption, the medical background of the adoptee and the adoptee's natural family as well as additional information on the adoptee's scholastic, developmental, and family background shall be revealed to the prospective adoptive parents.
The natural parent may indicate in writing that his or her identity and address can be disclosed to the adoptee when the adoptee reaches 21 years of age. In addition, the natural parent of an adoptee who is 21 years of age may receive similar identifying information about the adoptee, if the adopteeconsents to its release. The Department of Social Services may arrange contact between the adult adoptee and the natural parent, if the latter two consent in writing. The adoptive parents may also be provided with the biological parents' identifying information if medical necessity or other extraordinary
circumstances justify the disclosure.
Permissible Fees
The adoptive parents must file with the court a full accounting report of all expenses paid by them in connection with the adoption. These expenses may include fees related to the birth and related health care, placement, and other expenses of the biological parents or the adoption.
Place of Adoption Hearing
The adoption hearing shall take place in the county where the adoptive parent lives. In the case of adult adoptions, the hearing shall take place in the county where the adoptive parent resides or where the adult adoptee resides.
Authority To Place Child
Any person or organization that holds a valid license or permit to place children for adoption issued by the State Department of Social Services, or the Department itself, is authorized to place a child for adoption. In addition, a natural parent may select the adoptive parent personally without the involvement of any agency.
Relative Adoption
There are no provisions in the law regarding relative adoptions. In the case of an adoption by a stepparent where one natural or adoptive parent retains custody, consent must be given by the custodial parent and no home study is required.
Advertisements
It is illegal for any unlicensed person to advertise that he or she may accept, provide, or place a child for adoption, or to actually partake in these activities (other than a parent placing his child for adoption). No one may advertise a request for children to be adopted.
