Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in California may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of California child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Citation: Family Law § 8609(a)
No person or organization may advertise in any periodical or newspaper or by radio or other public medium that he, she, or it will place or provide children for adoption, or cause any advertisement
to be published in any public medium soliciting, requesting, or asking for any child or children for adoption, unless that person or organization is licensed to place children for adoption by the department.
Use of Intermediaries/Facilitators
Citation: Family Law §§ 8623 through 8638
An ''adoption facilitator'' is a person or organization not licensed as an adoption agency that advertises for the purpose of soliciting parties to an adoption, locating children for an adoption, or
acting as an intermediary to an adoption.
Requirements for adoption facilitators include:
Any advertising must disclose the identity of the facilitator and make plain that it is not an adoption agency.
Parties must be provided a description of services.
Adopting parents must be given in writing all information provided by the birth parents about the child.
Fees and expenses paid must be reported to the court.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Fam. Code §§ 8610; 8812
Services related to adoption
Medical or hospital care for birth mother or child
Attorney's fees
Counseling fees
Living expenses
The birth parent must request in writing any payment for expenses.
Birth Parent Expenses Not Allowed
Citation: Penal Code § 273(d)
It is unlawful for the birth mother to receive payments that exceed reasonable maternity-related and living expenses.
Allowable Payments for Arranging Adoption
Citation: Penal Code § 273(a)
It is unlawful for any person or agency to receive payment for the placement or consent to an adoption of a child.
Allowable Payments for Relinquishing Child
Citation: Penal Code § 273
A mother may not receive payment for expenses:
If it is contingent on giving consent
There is intent not to consent or complete adoption
She receives payment from more than one adoptive family
Accounting of Expenses Required by Court
Citation: Fam. Code §§ 8610; 8812
A full accounting report shall be filed with the court, itemized in detail, including receipts from the birth parent for any expenses paid.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Fam. Code §§ 8603; 8604; 8605
Consent is required from the following persons:
The birth parents, if living
The parent having custody if the other parent:
Fails to communicate with and support the child
Fails to respond to notice of adoption
The spouse of the adopting parent, if the adopting parent is married
Age When Consent of Adoptee is Considered or Required
Citation: Fam. Code § 8602
A child age 12 or older must consent to the adoption.
When Parental Consent is not Needed
Citation: Fam. Code §§ 8604; 8606
The consent of a presumed father is not required for the child's adoption unless he became a presumed father before the mother's relinquishment or before consent becomes irrevocable or before the mother's
parental rights have been terminated.
The consent of a noncustodial parent is not required if the parent for a period of 1 year willfully fails to communicate with and to pay for the care, support, and education of the child when able to do
so.
The consent of a birth parent is not necessary when the birth parent has:
Been judicially deprived of the custody and control of the child
Voluntarily surrendered the right to the custody and control of the child
Deserted the child without provision for identification of the child
Relinquished the child for adoption as provided in § 8700
Relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction
When Consent Can Be Executed
Citation: Fam. Code §§ 8801.3; 8700
In a direct placement, consent may only take place after the discharge of the birth mother from the hospital. If the mother is required to be hospitalized longer than the child, consent may be given with
verification of competency from her physician.
Relinquishment to an agency can take place any time after the birth of the child.
Revocation of Consent
Citation: Fam. Code §§ 8814.5; 8700; 8606.5
In a direct placement, after consent has been given, 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.
In an agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30
days to rescind.
The parent of an Indian child may withdraw his or her consent to adoption for any reason at any time prior to the entry of a final decree of adoption, and the child shall be returned to the parent.
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