Independent Adoption in CA

California.

Prior to filing an independent adoption petition with the Superior Court in CA, an adoption placement agreement needs to be issued by an adoption service provider ("ASP"). This agreement ("APA") is supposed to be signed by birth mother and father and by the adoptive parents. The adoptive child is 13 yrs old and is here in the US, in legal non-immigrant status (student visa), staying with adoptive parents. The birth parents are in China. In order for the ASP to issue the APA, he/she needs to meet with the birth parents in person. However, only the father can obtain a visa to enter the US. Can the father, via a power of attorney, sign on behalf of the birth mother? The current ASP I am working with says that she has issued the APA before w/ only the mother's signature. If the courts can accept an APA only signed by the mother, they should be able to accept one signed by the father only as well right? Legally, I'm not sure if that will fly w/ the court.

I have called the Superior Court and cannot get a decent answer from the people answering the phones.

Any help, ideas, advice would be greatly appreciated! Thank you.

CMLANDLORD said:

California.

Prior to filing an independent adoption petition with the Superior Court in CA, an adoption placement agreement needs to be issued by an adoption service provider ("ASP"). This agreement ("APA") is supposed to be signed by birth mother and father and by the adoptive parents. The adoptive child is 13 yrs old and is here in the US, in legal non-immigrant status (student visa), staying with adoptive parents. The birth parents are in China. In order for the ASP to issue the APA, he/she needs to meet with the birth parents in person. However, only the father can obtain a visa to enter the US. Can the father, via a power of attorney, sign on behalf of the birth mother? The current ASP I am working with says that she has issued the APA before w/ only the mother's signature. If the courts can accept an APA only signed by the mother, they should be able to accept one signed by the father only as well right? Legally, I'm not sure if that will fly w/ the court.

I have called the Superior Court and cannot get a decent answer from the people answering the phones.

Any help, ideas, advice would be greatly appreciated! Thank you.

Click to expand...

I don't know the answer to your question. Stick around, someone will likely know. (MY guess? Hell, NO. But that's my *educated* guess.)

I'm only responding to the bolded part because I want you, and future searchers, to know that "people answering the phones" are NOT lawyers and of course can NOT give out legal advice.

To expect that, is to be disappointed. Every time.

In fact, it is against the law for a clerk, or phone-answerer, to give out legal advice or info. They can give you forms, and that's it.

Just FYI.