California Adoption Laws Page1

Adoption Laws in California Page1

About adoption consent

• For whom it is must to consent to adoption : Statute: Fam. Code - §- § 8603; 8604
  • The parent having custody:
    1. without the consent of the spouse a married person may not adopt a child.
    2. failed to respond to notice of adoption
    3. failed to communicate with and support the child

  • If living, the birth parents

• Age required of an adoptee to consent of adoptee: Statute: Fam. Code - § 8602

  A child of age 12 years or more than that should consent to the adoption.

• No need of parental consent: Statute: Fam. Code - §- § 8604; 8606
  1. The parent has willfully failed to contact or support the child for a year.
  2. The parent has deserted the child.
  3. The parent has relinquished rights or had them terminated.

• Execution of consent: Statute: Fam. Code - §- § 8801.3; 8700
  • After the birth of the child relinquishment to an agency can take place at any time.
  • Consent is given with verification of competency from the physician, if there is needed for a mother to be hospitalized longer than a child.
  • Consent may only take place after the discharge of the birth mother from the hospital in case of direct placement.

• Consent execution is must: Statute : Fam. Code - §- § 8801.3; 8814; 8700
  1. In any adoption agency, before two witnesses form is signed and acknowledged before an official of the agency.
  2. Consent must take place in the presence of an Adoption Service Provider or any other delegated agent, who has advised the parents of their rights in case of a direct placement.

• Consent revocation: Statute: Fam. Code - §- § 8814.5; 8700
  1. In any adoption agency, consent is final and may only be rescinded in 30 days by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized.
  2. The parents have 30 days to submit a signed revocation and request the return of the child or sign a waiver of the right to revoke consent after consent has been given, in case of a direct placement.