Without fathers consent

[silver_fox]

What is the name of your state? Oklahoma

I'm helping my bf to find out what his rights are regarding his 3yr old daughter. The mother also a resident of Oklahoma went to California for the birth and the baby girl was placed for adoption there without the fathers consent. They were both teenagers. For various reasons he did not take any action against the adoption other than to refuse to sign away his rights. The young parents later considered themselves married, she used his name and a second child was born(thats for another time and another forum) He does not nor has ever known the exact location of his daughter. He has recieved pictures via the mother and friends of the mother. Regarding his daughter and her adoption what are his rights? Does he have a chance of custody or visitation with her?

[Shay-Pari'e]

Originally Posted by silver_fox

What is the name of your state? Oklahoma

I'm helping my bf to find out what his rights are regarding his 3yr old daughter. The mother also a resident of Oklahoma went to California for the birth and the baby girl was placed for adoption there without the fathers consent. They were both teenagers. For various reasons he did not take any action against the adoption other than to refuse to sign away his rights. but he has taken no action against the The young parents later considered themselves married, she used his name and a second child was born(thats for another time and another forum) He does not nor has ever known the exact location of his daughter. He has recieved pictures via the mother and friends of the mother. Regarding his daughter and her adoption what are his rights? Does he have a chance of custody or visitation with her?

You may not want to hear this, but your boyfriend gave this child up for adoption.

[tigger22472]

Where the problem lies is that he knew about it then and he's obviously known about it for a while now. The laws would have to be checked under California, but it's unlikely that he could challenge this now.

CALIFORNIA CODES
FAMILY.CODE
SECTION 8700-8720




8700. (a) Either birth parent may relinquish a child to the
department or a licensed adoption agency for adoption by a written
statement signed before two subscribing witnesses and acknowledged
before an authorized official of the department or agency. 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.

(b) A relinquishing parent who is a minor has the right to
relinquish his or her child for adoption to the department or a
licensed adoption agency, and the relinquishment is not subject to
revocation by reason of the minority.
(c) If a relinquishing parent resides outside this state and the
child is being cared for and is or will be placed for adoption by the
department or a licensed adoption agency, the relinquishing parent
may relinquish the child to the department or agency by a written
statement signed by the relinquishing parent before a notary on a
form prescribed by the department, and previously signed by an
authorized official of the department or agency, that signifies the
willingness of the department or agency to accept the relinquishment

d) If a relinquishing parent and child reside outside this state
and the child will be cared for and will be placed for adoption by
the department or a licensed adoption agency, the relinquishing
parent may relinquish the child to the department or agency by a
written statement signed by the relinquishing parent, after that
parent has satisfied the following requirements:
(1) Prior to signing the relinquishment, the relinquishing parent
shall have received, from a representative of an agency licensed or
otherwise approved to provide adoption services under the laws of the
relinquishing parent's state of residence, the same counseling and
advisement services as if the relinquishing parent resided in this
state.
(2) The relinquishment shall be signed before a representative of
an agency licensed or otherwise approved to provide adoption services
under the laws of the relinquishing parent's state of residence
whenever possible or before a licensed social worker on a form
prescribed by the department, and previously signed by an authorized
official of the department or agency, that signifies the willingness
of the department or agency to accept the relinquishment.
(e) The relinquishment authorized by this section has no effect
until a certified copy is sent to, and filed with, the department.
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.
(f) The relinquishing parent may name in the relinquishment the
person or persons with whom he or she intends that placement of the
child for adoption be made by the department or licensed adoption
agency.
(g) Notwithstanding subdivision (e), if the relinquishment names
the person or persons with whom placement by the department or
licensed adoption agency is intended and the child is not placed in
the home of the named person or persons or the child is removed from
the home prior to the granting of the adoption, the department or
agency shall mail a notice by certified mail, return receipt
requested, to the birth parent signing the relinquishment within 72
hours of the decision not to place the child for adoption or the
decision to remove the child from the home.
(h) The relinquishing parent has 30 days from the date on which
the notice described in subdivision (g) was mailed to rescind the
relinquishment.
(1) If the relinquishing parent requests rescission during the
30-day period, the department or licensed adoption agency shall
rescind the relinquishment.
(2) If the relinquishing parent does not request rescission during
the 30-day period, the department or licensed adoption agency shall
select adoptive parents for the child.
(3) If the relinquishing parent and the department or licensed
adoption agency wish to identify a different person or persons during
the 30-day period with whom the child is intended to be placed, the
initial relinquishment shall be rescinded and a new relinquishment
identifying the person or persons completed.
(i) If the parent has relinquished a child, who has been found to
come within Section 300 of the Welfare and Institutions Code or is
the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code, to the
department or a licensed adoption agency for the purpose of adoption,
the department or agency accepting the relinquishment shall provide
written notice of the relinquishment within five court days to all of
the following:
(1) The juvenile court having jurisdiction of the child.
(2) The child's attorney, if any.
(3) The relinquishing parent's attorney, if any.
(j) The filing of the relinquishment with the department
terminates all parental rights and responsibilities with regard to
the child, except as provided in subdivisions (g) and (h).
(k) The department shall adopt regulations to administer the
provisions of this section.



8701. 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:
(a) Whether the child has been placed for adoption.
(b) The approximate date that an adoption was completed.
(c) If the adoption was not completed or was vacated, for any
reason, whether adoptive placement of the child is again being
considered.


8702. (a) The department shall adopt a statement to be presented to
the birth parents at the time a relinquishment is signed and to
prospective adoptive parents at the time of the home study. 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:
(1) It is in the child's best interest that the birth parent keep
the department or licensed adoption agency to whom the child was
relinquished for adoption informed of any health problems that the
parent develops that could affect the child.
(2) It is extremely important that the birth parent keep an
address current with the department or licensed adoption agency to
whom the child was relinquished for adoption in order to permit a
response to inquiries concerning medical or social history.
(3) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to request the
department or the licensed adoption agency to disclose the name and
address of the adoptee's birth parents. 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.

(4) The birth parent may change the decision whether to permit
disclosure of the birth parent's name and address, at any time, by
sending a notarized letter to that effect, by certified mail, return
receipt requested, to the department or to the licensed adoption
agency that joined in the adoption petition.
(5) The relinquishment will be filed in the office of the clerk of
the court in which the adoption takes place. 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.
(b) The department shall adopt a form to be signed by the birth
parents at the time the relinquishment is signed, which shall provide
as follows:

"Section 9203 of the Family Code authorizes a person who has been
adopted and who attains the age of 21 years to make a request to the
State Department of Social Services, or the licensed adoption agency
that joined in the adoption petition, for the name and address of the
adoptee's birth parents. Indicate by checking one of the boxes
below whether or not you wish your name and address to be disclosed:
/__/ YES /__/ NO /__/ UNCERTAIN AT THIS TIME; WILL NOTIFY
AGENCY AT LATER DATE."


To be continued.....

[tigger22472]

8801.3. A child shall not be considered to have been placed for
adoption unless each of the following is true:
(a) Each birth parent placing the child for adoption has been
advised of his or her rights, and if desired, has been counseled
pursuant to Section 8801.5.
(b) The adoption service provider, each prospective adoptive
parent, and each birth parent placing the child have signed an
adoption placement agreement on a form prescribed by the department.
The signing of the agreement shall satisfy all of the following
requirements:
(1) Each birth parent shall have been advised of his or her rights
pursuant to Section 8801.5 at least 10 days before signing the
agreement, unless the adoption service provider finds exigent
circumstances that shall be set forth in the adoption placement
agreement.
(2) The agreement may not be signed by either the birth parents or
the prospective adoptive parents until the time of discharge of the
birth mother from the hospital. However, if the birth mother remains
hospitalized for a period longer than the hospitalization of the
child, the agreement may be signed by all parties at the time of or
after the child's discharge from the hospital but prior to the birth
mother's discharge from the hospital if her competency to sign is
verified by her attending physician and surgeon before she signs the
agreement.
(3) The birth parents and prospective adoptive parents shall sign
the agreement in the presence of an adoption service provider.
(4) The adoption service provider who witnesses the signatures
shall keep the original of the adoption placement agreement and
immediately forward it and supporting documentation as required by
the department to the department or delegated county adoption agency.

(5) The child is not deemed to be placed for adoption with the
prospective adoptive parents until the adoption placement agreement
has been signed and witnessed.
(6) If the birth parent is not located in this state or country,
the adoption placement agreement shall be signed before an adoption
service provider or, for purposes of identification of the birth
parent only, before a notary or other person authorized to perform
notarial acts in the state or country in which the birth parent is
located. This paragraph is not applicable to intercountry adoptions,
as defined in Section 8527, which shall be governed by Chapter 4
(commencing with Section 8900).
(c) The adoption placement agreement form shall include all of the
following:
(1) A statement that the birth parent received the advisement of
rights and the date upon which it was received.
(2) A statement that the birth parent understands that the
placement is for the purpose of adoption and that if the birth parent
takes no further action, on the 31st day after signing the adoption
placement agreement, the agreement shall become a permanent and
irrevocable consent to the adoption.
(3) A statement that the birth parent signs the agreement having
personal knowledge of certain facts regarding the prospective
adoptive parents as provided in Section 8801.
(4) A statement that the adoptive parents have been informed of
the basic health and social history of the birth parents.
(5) A consent to the adoption that may be revoked as provided by
Section 8814.5.
(d) The adoption placement agreement shall also meet the
requirements of the Interstate Compact on the Placement of Children
in Section 7901.
(e) This section shall become operative on January 1, 1995.

8813. At or before the time a consent to adoption is signed, the
department or delegated county adoption agency shall advise the birth
parent signing the consent, 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:
(a) Whether the child has been placed for adoption.
(b) The approximate date that an adoption was completed.
(c) If the adoption was not completed or was vacated, for any
reason, whether adoptive placement of the child is again being
considered.



to be continued... again

[Shay-Pari'e]

You are on a mission, Ms. Tigger.

[tigger22472]

8814.5. (a) After a consent to the adoption is signed by the birth
parent or parents pursuant to Section 8801.3 or 8814, the birth
parent or parents signing the consent shall have 30 days to take one
of the following actions:
(1) Sign and deliver to the department or delegated county
adoption agency a written statement revoking the consent and
requesting the child to be returned to the birth parent or parents.
After revoking consent, in cases where the birth parent or parents
have not regained custody, or the birth parent or parents have failed
to make efforts to exercise their rights under subdivision (b) of
Section 8815, a written notarized statement reinstating the original
consent may be signed and delivered to the department or delegated
county adoption agency, in which case the revocation of consent shall
be void and the remainder of the original 30-day period shall
commence. After revoking consent, in cases in which the birth parent
or parents have regained custody or made efforts to exercise their
rights under subdivision (b) of Section 8815 by requesting the return
of the child, upon the delivery of a written notarized statement
reinstating the original consent to the department or delegated
county adoption agency, the revocation of consent shall be void and a
new 30-day period shall commence. The birth mother shall be
informed of the operational timelines associated with this section at
the time of signing of the statement reinstating the original
consent.
(2) (A) Sign a waiver of the right to revoke consent on a form
prescribed by the department in the presence of a representative of
the department or delegated county adoption agency. If neither a
representative of the department nor a representative of a delegated
county adoption agency is reasonably available, the waiver of the
right to revoke consent may be signed in the presence of a judicial
officer of a court of record if the birth parent is represented by
independent legal counsel. "Reasonably available" means that a
representative from either the department or the delegated county
adoption agency is available to accept the signing of the waiver
within 10 days and is within 100 miles of the location of the birth
mother.
(B) An adoption service provider may assist the birth parent or
parents in any activity where the primary purpose of that activity is
to facilitate the signing of the waiver with the department, a
delegated county agency, or a judicial officer. The adoption service
provider or another person designated by the birth parent or parents
may also be present at any interview conducted pursuant to this
section to provide support to the birth parent or parents.
(C) The waiver of the right to revoke consent may not be signed
until an interview has been completed by the department or delegated
county adoption agency unless the waiver of the right to revoke
consent is signed in the presence of a judicial officer of a court of
record as specified in this section, in which case the interview and
the witnessing of the signing of the waiver shall be conducted by
the judicial officer. Within 10 working days of a request made after
the department, the delegated county adoption agency, or the court
has received a copy of the petition for the adoption and the names
and addresses of the persons to be interviewed, the department, the
delegated county adoption agency, or the court shall interview, at
the department or agency office or the court, any birth parent
requesting to be interviewed. However, the interview, and the
witnessing of the signing of a waiver of the right to revoke consent
of a birth parent residing outside of California or located outside
of California for an extended period of time unrelated to the
adoption may be conducted in the state where the birth parent is
located, by any of the following:
(i) A representative of a public adoption agency in that state.
(ii) A judicial officer in that state where the birth parent is
represented by independent legal counsel.
(iii) An adoption service provider.
(3) Allow the consent to become a permanent consent on the 31st
day after signing.
(b) The consent may not be revoked after a waiver of the right to
revoke consent has been signed or after 30 days, beginning on the
date the consent was signed or as provided in paragraph (1) of
subdivision (a), whichever occurs first.

8820. (a) The birth parent or parents or the petitioner may appeal
in either of the following cases:
(1) If for a period of 180 days from the date of filing the
adoption petition or upon the expiration of any extension of the
period granted by the court, the department or delegated county
adoption agency fails or refuses to accept the consent of the birth
parent or parents to the adoption.
(2) In a case where the consent of the department or delegated
county adoption agency is required by this chapter, if the department
or agency fails or refuses to file or give its consent to the
adoption.
(b) The appeal shall be filed in the court in which the adoption
petition is filed. The court clerk shall immediately notify the
department or delegated county adoption agency of the appeal and the
department or agency shall, within 10 days, file a report of its
findings and the reasons for its failure or refusal to consent to the
adoption or to accept the consent of the birth parent or parents.
(c) After the filing of the report by the department or delegated
county adoption agency, the court may, if it deems that the welfare
of the child will be promoted by that adoption, allow the signing of
the consent by the birth parent or parents in open court or, if the
appeal is from the refusal of the department or delegated county
adoption agency to consent thereto, grant the petition without the
consent.

8604. (a) Except as provided in subdivision (b), a child having a
presumed father under Section 7611 may not be adopted without the
consent of the child's birth parents, if living.
(b) If one birth parent has been awarded custody by judicial
order, or has custody by agreement of both parents, and the other
birth parent for a period of one year willfully fails to communicate
with and to pay for the care, support, and education of the child
when able to do so, then the birth parent having sole custody may
consent to the adoption, but only after the birth parent not having
custody has been served with a copy of a citation in the manner
provided by law for the service of a summons in a civil action that
requires the birth parent not having custody to appear at the time
and place set for the appearance in court under Section 8718, 8823,
8913, or 9007.
(c) Failure of a birth parent to pay for the care, support, and
education of the child for the period of one year or failure of a
birth parent to communicate with the child for the period of one year
is prima facie evidence that the failure was willful and without
lawful excuse.

8605. A child not having a presumed father under Section 7611 may
not be adopted without the consent of the child's mother, if living.


8606. Notwithstanding Sections 8604 and 8605, the consent of a
birth parent is not necessary in the following cases:
(a) Where the birth parent has been judicially deprived of the
custody and control of the child (1) by a court order declaring the
child to be free from the custody and control of either or both birth
parents pursuant to Part 4 (commencing with Section 7800) of
Division 12 of this code, or Section 366.25 or 366.26 of the Welfare
and Institutions Code, or (2) by a similar order of a court of
another jurisdiction, pursuant to a law of that jurisdiction
authorizing the order.
(b) Where the birth parent has, in a judicial proceeding in
another jurisdiction, voluntarily surrendered the right to the
custody and control of the child pursuant to a law of that
jurisdiction providing for the surrender.
(c) Where the birth parent has deserted the child without
provision for identification of the child.
(d) Where the birth parent has relinquished the child for adoption
as provided in Section 8700.
(e) Where the birth parent has relinquished the child for adoption
to a licensed or authorized child-placing agency in another
jurisdiction pursuant to the law of that jurisdiction

8616.5(e)

(1) After the adoption petition has been granted by the court, the
adoption cannot be set aside due to the failure of an adopting
parent, a birth parent, a birth relative, or the child to follow the
terms of this agreement or a later change to this agreement.


7660. If a mother relinquishes for or consents to, or proposes to
relinquish for or consent to, the adoption of a child who has a
presumed father under Section 7611, the father shall be given notice
of the adoption proceeding and have the rights provided under Part 2
(commencing with Section 8600) of Division 13, unless the father's
relationship to the child has been previously terminated or
determined by a court not to exist or the father has voluntarily
relinquished for or consented to the adoption of the child.

7661. If a father relinquishes for or consents to, or proposes to
relinquish for or consent to, the adoption of a child, the mother
shall be given notice of the adoption proceeding and have the rights
provided under Part 2 (commencing with Section 8600) of Division 13,
unless the mother's relationship to the child has been previously
terminated by a court or the mother has voluntarily relinquished for
or consented to the adoption of the child.

[tigger22472]

Originally Posted by --PARIDISE--

You are on a mission, Ms. Tigger.

Nah, just gave our poster some reading...

I skimmed through it, however I suspect that his refusal to sign the consent may have indicated his consent.

I know in Indiana that ignoring the notice of adoption doesn't mean it doesn't happen.

[silver_fox]

Gives me something to work with.

[nextwife]

This child has had parents for three years - the only parents they know. The time to act was THEN. This is NOT his child any longer. He legally sat on his hands for three years - he had knowledge of the adoption and failed to in any way to attempt to assert his parental rights.

Any contact or visitation will be at the discretion of the child's legal parents. If they are ok with an open adoption and bioparent contact, he may be allowed visits.