Family Code — Part 8 | FAM — United States — California law | Esheria

Family Code

Part 8 of 9 · provisions 1,401–1,600

This section says the code is called the Family Code.

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About this statute

This division is named the Family Law Facilitator Act and may be cited by that name. The Legislature says the family law pilot project services should be made available to unrepresented parties in superior courts throughout California. Each superior court must maintain a family law facilitator office, and the superior court appoints the family law facilitator. This division applies to actions or proceedings about child support, spousal support, health insurance, child custody, or visitation in certain family-law cases. The family law facilitator must provide listed family-law help services, including educational materials, court forms, form assistance, support schedules, and referrals.

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Provisions of Family Code

Showing 200 of 1,607

  1. 8503.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    “Adoptive parent” means a person who has obtained an adoption order for a minor child, or an adult in an adult adoption.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8503. “Adoptive parent” means a person who has obtained an order of adoption of a minor child or, in the case of an adult adoption, an adult. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  2. 8506.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “agency adoption” as a minor’s adoption, other than an intercountry adoption, when the department, a county adoption agency, or a licensed adoption agency joins or is a party to the adoption petition.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8506. “Agency adoption” means the adoption of a minor, other than an intercountry adoption, in which the department, county adoption agency, or licensed adoption agency is a party to, or joins in, the adoption petition. (Amended by Stats. 2012, Ch. 35, Sec. 2. (SB 1013) Effective June 27, 2012.)
  3. 8509.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    “Applicant” means a person who has filed a written application to adopt a child from specified adoption agencies and is being considered for adoptive placement.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8509. “Applicant” means a person who has submitted a written application to adopt a child from the department, county adoption agency, or licensed adoption agency and who is being considered by the adoption agency for the adoptive placement of a child. (Amended by Stats. 2012, Ch. 35, Sec. 3. (SB 1013) Effective June 27, 2012.)
  4. 851.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A transmutation is subject to the laws governing fraudulent transfers.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 851. A transmutation is subject to the laws governing fraudulent transfers. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  5. 8512.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “birth parent” as the biological parent, or the adoptive parent if the person was previously adopted.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8512. “Birth parent” means the biological parent or, in the case of a person previously adopted, the adoptive parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  6. 8513.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    “County adoption agency” means an adoption agency operated by a county or a consortium of counties.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8513. “County adoption agency” means an adoption agency operated by a county or consortium of counties. (Added by Stats. 2012, Ch. 35, Sec. 4. (SB 1013) Effective June 27, 2012.)
  7. 8514.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In this section, “days” means calendar days unless another meaning is specified.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8514. “Days” means calendar days, unless otherwise specified. (Added by Stats. 1994, Ch. 585, Sec. 2. Effective January 1, 1995.)
  8. 8515.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “delegated county adoption agency” as a county adoption agency that has agreed to provide certain adoption services.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8515. “Delegated county adoption agency” means a county adoption agency that has agreed to provide the services described in Chapter 3 (commencing with Section 8800) of Part 2. (Amended by Stats. 2012, Ch. 35, Sec. 5. (SB 1013) Effective June 27, 2012.)
  9. 8518.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “Department” as the State Department of Social Services.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8518. “Department” means the State Department of Social Services. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  10. 852.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A property transmutation is valid only if it is in writing with an express declaration and accepted by the spouse whose interest is harmed; special exceptions apply.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 852. (a) A transmutation of real or personal property is not valid unless made in writing by an express declaration that is made, joined in, consented to, or accepted by the spouse whose interest in the property is adversely affected. (b) A transmutation of real property is not effective as to third parties without notice thereof unless recorded. (c) This section does not apply to a gift between the spouses of clothing, wearing apparel, jewelry, or other tangible articles of a personal nature that is used solely or principally by the spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage. (d) Nothing in this section affects the law governing characterization of property in which separate property and community property are commingled or otherwise combined. (e) This section does not apply to or affect a transmutation of property made before January 1, 1985, and the law that would otherwise be applicable to that transmutation shall continue to apply. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  11. 8521.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A full-service adoption agency is defined, and private full-service adoption agencies must be nonprofit and meet accreditation or supervision requirements to get licensed for intercountry adoption services.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8521. (a) “Full-service adoption agency” means a licensed or authorized entity engaged in the business of providing adoption services, that does all of the following: (1) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child. (2) Assesses the birth parents, prospective adoptive parents, or child. (3) Places children for adoption. (4) Supervises adoptive placements. (5) Recruits prospective adoptive parents, locates children for adoption, or acts as an intermediary between the parties to an adoption. (b) Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a private full-service adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. (Amended by Stats. 2023, Ch. 43, Sec. 2. (AB 120) Effective July 10, 2023.)
  12. 8524.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “independent adoption” as an adoption of a child where the department, a county adoption agency, or a department-licensed agency is not a party to the adoption petition and does not join it.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8524. “Independent adoption” means the adoption of a child in which neither the department, county adoption agency, nor agency licensed by the department is a party to, or joins in, the adoption petition. (Amended by Stats. 2012, Ch. 35, Sec. 7. (SB 1013) Effective June 27, 2012.)
  13. 8527.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “intercountry adoption” as the adoption of a foreign-born child eligible for a special federal immigration visa.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8527. “Intercountry adoption” means the adoption of a foreign-born child for whom federal law makes a special immigration visa available. Intercountry adoption includes completion of the adoption in the child’s native country or completion of the adoption in this state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  14. 853.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says certain will statements cannot be used to prove a property transmutation before death, a waiver of specified survivor benefits is not a transmutation, and a qualifying written joinder or consent to a nonprobate transfer is treated as a transmutation.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. CHARACTERIZATION OF MARITAL PROPERTY [760 - 853] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Transmutation of Property [850 - 853] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 853. (a) A statement in a will of the character of property is not admissible as evidence of a transmutation of the property in a proceeding commenced before the death of the person who made the will. (b) A waiver of a right to a joint and survivor annuity or survivor’s benefits under the federal Retirement Equity Act of 1984 (Public Law 98-397) is not a transmutation of the community property rights of the person executing the waiver. (c) A written joinder or written consent to a nonprobate transfer of community property on death that satisfies Section 852 is a transmutation and is governed by the law applicable to transmutations and not by Chapter 2 (commencing with Section 5010) of Part 1 of Division 5 of the Probate Code. (Amended by Stats. 1993, Ch. 219, Sec. 100. Effective January 1, 1994.)
  15. 8530.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “licensed adoption agency” as an agency licensed by the department to provide certain adoption services.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8530. “Licensed adoption agency” means any agency licensed by the department to provide the adoption services specified in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code. (Amended by Stats. 2023, Ch. 43, Sec. 3. (AB 120) Effective July 10, 2023.)
  16. 8533.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “noncustodial adoption agency” and requires private noncustodial adoption agencies to operate on a nonprofit basis; for intercountry adoption licensure, a noncustodial adoption agency must meet accreditation or supervision requirements.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8533. (a) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, which does all of the following: (1) Assesses the prospective adoptive parents. (2) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved prospective adoptive parents. (3) Cooperatively supervises adoptive placements with a full-service adoption agency, but does not disrupt a placement or remove a child from a placement. (4) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption. (b) Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. (Amended by Stats. 2023, Ch. 43, Sec. 4. (AB 120) Effective July 10, 2023.)
  17. 8539.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “place for adoption” for independent adoption.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8539. “Place for adoption” means, in the case of an independent adoption, the selection of a prospective adoptive parent or parents for a child by the birth parent or parents and the completion of an adoptive placement agreement on a form prescribed by the department by the birth parent or parents placing the child with prospective adoptive parents. This section shall become operative on January 1, 1995. (Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 4. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)
  18. 8542.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “prospective adoptive parent.”

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8542. “Prospective adoptive parent” means a person who has filed or intends to file a petition under Part 2 (commencing with Section 8600) to adopt a child who has been or who is to be placed in the person’s physical care or a petition under Part 3 (commencing with Section 9300) to adopt an adult. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  19. 8543.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “qualified court investigator” as a superior court investigator with the required minimum qualifications and designated for certain stepparent adoption and custody-free proceedings.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8543. “Qualified court investigator” means a superior court investigator with the same minimum qualifications as a probation officer or county welfare worker designated to conduct stepparent adoption investigations in stepparent adoption proceedings and proceedings to declare a minor free from parental custody and control. (Added by Stats. 1993, Ch. 219, Sec. 185. Effective January 1, 1994.)
  20. 8545.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “special needs child” for adoption purposes and includes a waiver for the adoptive-home search requirement in some cases.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8545. “Special needs child” means a child for whom all of the following are true: (a) It has been determined that the child cannot or should not be returned to the parent’s home, as evidenced by a petition for termination of parental rights, a court order terminating parental rights, or a signed relinquishment. (b) The child has at least one of the following characteristics that is a barrier to adoption: (1) Adoptive placement without financial assistance is unlikely because of membership in a sibling group that should remain intact, or by virtue of race, ethnicity, color, language, age of three years or older, or parental background of a medical or behavioral nature that can be determined to adversely affect the development of the child. (2) Adoptive placement without financial assistance is unlikely because the child has a mental, physical, emotional, or medical disability that has been certified by a licensed professional competent to make an assessment and operating within the scope of that person’s profession. This paragraph shall also apply to children with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, including those determined to require out-of-home nonmedical care as described in Section 11464 of the Welfare and Institutions Code. (c) The need for adoption subsidy is evidenced by an unsuccessful search for an adoptive home to take the child without financial assistance, as documented in the case file of the prospective adoptive child. The requirement for this search shall be waived when it would be against the best interest of the child because of the existence of significant emotional ties with prospective adoptive parents while in the care of these persons as a foster child. (Amended by Stats. 2019, Ch. 115, Sec. 110. (AB 1817) Effective January 1, 2020.)
  21. 8548.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “stepparent adoption” as an adoption by a stepparent where one birth parent keeps custody and control.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1. DEFINITIONS [8500 - 8548] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8548. “Stepparent adoption” means an adoption of a child by a stepparent where one birth parent retains custody and control of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  22. 8600.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An adult may adopt an unmarried minor under this part.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8600. An unmarried minor may be adopted by an adult as provided in this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  23. 8600.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Tribal customary adoption, as defined in Welfare and Institutions Code Section 366.24 and applied to dependent Indian children, does not apply to this part.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8600.5. Tribal customary adoption as defined in Section 366.24 of the Welfare and Institutions Code and as applied to Indian Children who are dependents of the court, does not apply to this part. (Amended by Stats. 2012, Ch. 35, Sec. 9. (SB 1013) Effective June 27, 2012.)
  24. 8601.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A prospective adoptive parent generally must be at least 10 years older than the child, but the court may waive that age rule for certain relative or stepparent adoptions if the adoption is in the best interest of the parties and the public interest.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8601. (a) Except as otherwise provided in subdivision (b), a prospective adoptive parent or parents shall be at least 10 years older than the child. (b) If the court is satisfied that the adoption of a child by a stepparent, or by a sister, brother, aunt, uncle, or first cousin and, if that person is married, by that person and that person’s spouse, is in the best interest of the parties and is in the public interest, it may approve the adoption without regard to the ages of the child and the prospective adoptive parent or parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  25. 8601.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A court may enter an adoption order nunc pro tunc when doing so serves public policy and the child’s best interests.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8601.5. (a) A court may issue an order of adoption and declare that it shall be entered nunc pro tunc when it will serve public policy and the best interests of the child, such as cases where adoption finalization has been delayed beyond the child’s 18th birthday due to factors beyond the control of the prospective adoptive family and the proposed adoptee. (b) The request for nunc pro tunc entry of the order shall be stated in the adoption request or an amendment thereto, and shall set forth specific facts in support thereof. (c) To the extent that a child’s eligibility for any publicly funded benefit program is or could be altered by the entry of an order of adoption, the change in eligibility shall not be determined as of the nunc pro tunc date, but shall be determined as of the date of the adoption finalization hearing. (d) The nunc pro tunc date shall not precede the date upon which the parental rights of the birth parent or parents were initially terminated, whether voluntarily or involuntarily. (Added by Stats. 2011, Ch. 462, Sec. 6. (AB 687) Effective January 1, 2012.)
  26. 8602.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A child over 12 must consent to the child’s adoption.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8602. The consent of a child, if over the age of 12 years, is necessary to the child’s adoption. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  27. 8603.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A married person who is not legally separated may not adopt a child without the spouse’s consent, if the spouse can consent.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8603. (a) A married person, not lawfully separated from the person’s spouse, shall not adopt a child without the consent of the spouse, provided that the spouse is capable of giving that consent. (b) The consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless that person has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent. The court shall not name the consenting spouse as an adoptive parent in the final decree unless the consenting spouse has filed a written consent to adopt the child with the court and has an approved adoption home study. (c) The court may dispense with the consent of a spouse who cannot be located after diligent search, or a spouse determined by the court to lack the capacity to consent. A spouse for whom consent was dispensed shall not be named as an adoptive parent in the final decree. (Amended by Stats. 2019, Ch. 115, Sec. 111. (AB 1817) Effective January 1, 2020.)
  28. 8604.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section limits when a child with a presumed father may be adopted and sets rules for temporary custody orders in certain adoption cases.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8604. (a) Except as provided in subdivision (b), a child having a presumed father under Section 7611 shall not be adopted without the consent of the child’s birth parents, if living. The consent of a presumed father is not required for the child’s adoption unless the person became a presumed father as described in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 of Division 12, or subdivision (a), (b), or (c) of Section 7611 before the mother’s relinquishment or consent becomes irrevocable or before the mother’s parental rights have been terminated. (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. If the birth parent or parents have made only token efforts to support or communicate with the child, the court may disregard those token efforts. (d) (1) If the birth mother of a child for whom there is not a presumed father leaves the child in the physical care of a licensed private adoption agency, in the physical care of a prospective adoptive parent who has an approved preplacement evaluation or private agency adoption home study, or in the hospital after designating a licensed private adoption agency or an approved prospective adoptive parent in a signed document, completed with a hospital social worker, adoption service provider, licensed private adoption agency worker, notary, or attorney, but fails to sign a placement agreement, consent, or relinquishment for adoption, the approved prospective adoptive parent or the licensed private adoption agency may apply for, and the court may issue, a temporary custody order placing the child in the care and custody of the applicant. (2) A temporary custody order issued pursuant to this subdivision shall include all of the following: (A) A requirement that the applicant keep the court informed of the child’s residence at all times. (B) A requirement that the child shall not be removed from the state or concealed within the state. (C) The expiration date of the order, which shall not be more than six months after the order is issued. (3) A temporary custody order issued pursuant to this subdivision may be voided upon the birth mother’s request to have the child returned to the birth mother’s care and custody. (Amended by Stats. 2019, Ch. 115, Sec. 112. (AB 1817) Effective January 1, 2020.)
  29. 8605.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A child without a presumed father under Section 7611 may not be adopted unless the child’s mother, if living, consents.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  30. 8606.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A birth parent's consent is not required in specified adoption situations.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  31. 8606.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An Indian child’s adoption consent is valid only if it is written, signed at least 10 days after birth, recorded before a judge, and the judge confirms the parent understood the terms and consequences.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8606.5. (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent to adoption given by an Indian child’s parent is not valid unless both of the following occur: (1) The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge. (2) The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood. (b) The parent of an Indian child may withdraw 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. (c) After the entry of a final decree of adoption of an Indian child, the Indian child’s parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the child to the parent, provided that no adoption that has been effective for at least two years may be invalidated unless otherwise permitted under state law. (Amended by Stats. 2019, Ch. 115, Sec. 113. (AB 1817) Effective January 1, 2020.)
  32. 8607.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Department-adopted infant release forms must include a boldface statement about adoption options, birth parents’ rights, revocation of consent, and the court’s authority to declare abandonment.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8607. All forms adopted by the department authorizing the release of an infant from a health facility to the custody of persons other than the person entitled to custody of the child pursuant to Section 3010 and authorizing these other persons to obtain medical care for the infant shall contain a statement in boldface type delineating the various types of adoptions available, the birth parents’ rights with regard thereto, including, but not limited to, rights with regard to revocation of consent to adoption, and a statement regarding the authority of the court under Part 4 (commencing with Section 7800) of Division 12 to declare the child abandoned by the birth parent or parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  33. 8608.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must adopt regulations for certain reports, and county and licensed adoption agencies must help it plan the discreet transmission of pertinent medical information when requested by the person who reported it.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8608. (a) The department shall adopt regulations specifying the form and content of the reports required by Sections 8706, 8817, and 8909. In addition to any other material that may be required by the department, the form shall include inquiries designed to elicit information on any illness, disease, or defect of a genetic or hereditary nature. (b) All county adoption agencies and licensed adoption agencies shall cooperate with and assist the department in devising a plan that will effectuate the effective and discreet transmission to adoptees or prospective adoptive parents of pertinent medical information reported to the department, county adoption agency, or licensed adoption agency, upon the request of the person reporting the medical information. (Amended by Stats. 2012, Ch. 35, Sec. 10. (SB 1013) Effective June 27, 2012.)
  34. 8609.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Section 8609 makes certain adoption-related advertising and placement activities a misdemeanor unless the person or organization is licensed, exempt, or otherwise allowed by law.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8609. (a) Any person or organization that advertises in any periodical or newspaper, by radio, or other public medium, that the person or organization will place children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption, is guilty of a misdemeanor, unless one of the following conditions apply: (1) The person or organization holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption. (2) The person or organization is exempt from licensure pursuant to subdivision (w) or (x) of Section 1505 of the Health and Safety Code. (b) Any person, organization, association, or corporation that seeks to place any child for adoption is guilty of a misdemeanor, unless one of the following conditions applies: (1) The person, organization, or corporation holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption. (2) The person, organization, or corporation is exempt from licensure pursuant to subdivision (w) or (x) of Section 1505 of the Health and Safety Code. (3) The person is the legal parent. (c) Any person or organization that performs any of the functions of an adoption agency or holds itself out as performing any of the functions of an adoption agency, as described in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code, without a valid and unrevoked license issued by the department shall be deemed an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of Health and Safety Code, unless otherwise permitted under California law. (Amended by Stats. 2023, Ch. 192, Sec. 1. (SB 138) Effective September 13, 2023.)
  35. 8609.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A request to adopt or readopt a nondependent minor may be filed in the county court if one of the listed county connections exists.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8609.5. An adoption request for the adoption or readoption of a nondependent minor may be filed with the court in the county in which one of the following applies: (a) The petitioner resides. (b) The child was born or resides at the time of filing. (c) An office of the agency that placed the child or is filing the petition for adoption is located. (d) An office of the department or a public adoption agency that is investigating the petition is located. (e) The county in which a placing birth parent or parents resided when the adoptive placement agreement, consent, or relinquishment was signed. (f) The county in which a placing birth parent or parents resided when the petition was filed. (g) The county in which the child was freed for adoption. (Amended by Stats. 2022, Ch. 159, Sec. 2. (AB 2495) Effective January 1, 2023.)
  36. 8610.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Adoption petitioners must file a detailed accounting report with the court, under penalty of perjury, by the adoption hearing date unless extended by the court.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8610. (a) The petitioners in a proceeding for adoption of a child shall file with the court a full accounting report of all disbursements of anything of value made or agreed to be made by them or on their behalf in connection with the birth of the child, the placement of the child with the petitioners, any medical or hospital care received by the child’s birth mother or by the child in connection with the child’s birth, any other expenses of either birth parent, or the adoption. The accounting report shall be made under penalty of perjury and shall be submitted to the court on or before the date set for the hearing on the adoption petition, unless the court grants an extension of time. (b) The accounting report shall be itemized in detail and shall show the services relating to the adoption or to the placement of the child for adoption that were received by the petitioners, by either birth parent, or by the child. The report shall also include the dates of each payment, the names and addresses of each attorney, physician and surgeon, hospital, licensed adoption agency, or any other person or organization that received payment. (c) This section does not apply to an adoption by a stepparent if at least one legal parent retains custody and control of the child. (Amended by Stats. 2023, Ch. 192, Sec. 2. (SB 138) Effective September 13, 2023.)
  37. 8611.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In an adoption proceeding, court hearings must be private.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8611. All court hearings in an adoption proceeding shall be held in private, and the court shall exclude all persons except the officers of the court, the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties under the law governing adoptions. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  38. 8612.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must examine all persons appearing under this adoption part, and the examination is generally separate but in everyone’s presence unless the court orders otherwise. Prospective adoptive parent(s) must sign a written agreement treating the child as their lawful child. If the court is satisfied the adoption promotes the child’s interest, it may enter an adoption order.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8612. (a) The court shall examine all persons appearing before it pursuant to this part. The examination of each person shall be conducted separately but within the physical presence of every other person unless the court, in its discretion, orders otherwise. (b) The prospective adoptive parent or parents shall execute and acknowledge an agreement in writing that the child will be treated in all respects as their lawful child. (c) If satisfied that the interest of the child will be promoted by the adoption, the court may make and enter an order of adoption of the child by the prospective adoptive parent or parents. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  39. 8613.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets certain absent prospective adoptive parents appear through counsel, allows related documents to be signed or acknowledged in specified ways, and requires filing of listed adoption documents with the court clerk.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8613. (a) If the prospective adoptive parent is commissioned or enlisted in the military service, or auxiliary thereof, of the United States, or of any of its allies, or is engaged in service on behalf of any governmental entity of the United States, or in the American Red Cross, or in any other recognized charitable or religious organization, so that it is impossible or impracticable, because of the prospective adoptive parent’s absence from this state, or otherwise, to make an appearance in person, and the circumstances are established by satisfactory evidence, the appearance may be made for the prospective adoptive parent by counsel, commissioned and empowered in writing for that purpose. The power of attorney may be incorporated in the adoption petition. (b) Where the prospective adoptive parent is permitted to appear by counsel, the agreement may be executed and acknowledged by the counsel, or may be executed by the absent party before a notary public, or any other person authorized to take acknowledgments including the persons authorized by Sections 1183 and 1183.5 of the Civil Code. (c) Where the prospective adoptive parent is permitted to appear by counsel, or otherwise, the court may, in its discretion, cause an examination of the prospective adoptive parent, other interested person, or witness to be made upon deposition, as it deems necessary. The deposition shall be taken upon commission, as prescribed by the Code of Civil Procedure, and the expense thereof shall be borne by the petitioner. (d) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition shall be filed in the office of the clerk of the court. (e) The provisions of this section permitting an appearance through counsel are equally applicable to the spouse of a prospective adoptive parent who resides with the prospective adoptive parent outside this state. (f) Where, pursuant to this section, neither prospective adoptive parent need appear before the court, the child proposed to be adopted need not appear. If the law otherwise requires that the child execute any document during the course of the hearing, the child may do so through counsel. (g) Where none of the parties appears, the court may not make an order of adoption until after a report has been filed with the court pursuant to Section 8715, 8807, 8914, or 9001. (Amended by Stats. 2002, Ch. 784, Sec. 109. Effective January 1, 2003.)
  40. 8613.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court may excuse a prospective adoptive parent’s personal appearance in limited circumstances and may allow counsel or remote appearance, but not if the inability to appear is only temporary or short-term.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8613.5. (a) (1) If it is impossible or impracticable for either prospective adoptive parent to make an appearance in person, and the circumstances are established by clear and convincing documentary evidence, the court may, in its discretion, do either of the following: (A) Waive the personal appearance of the prospective adoptive parent. The appearance may be made for the prospective adoptive parent by counsel, commissioned and empowered in writing for that purpose. The power of attorney may be incorporated in the adoption petition. (B) Authorize the prospective adoptive parent to appear by telephone, videoconference, or other remote electronic means that the court deems reasonable, prudent, and reliable. (2) For purposes of this section, if the circumstances that make an appearance in person by a prospective adoptive parent impossible or impracticable are temporary in nature or of a short duration, the court shall not waive the personal appearance of that prospective adoptive parent. (b) If the prospective adoptive parent is permitted to appear by counsel, the agreement may be executed and acknowledged by the counsel, or may be executed by the absent party before a notary public, or any other person authorized to take acknowledgments including the persons authorized by Sections 1183 and 1183.5 of the Civil Code. (c) If the prospective adoptive parent is permitted to appear by counsel, or otherwise, the court may, in its discretion, cause an examination of the prospective adoptive parent, other interested person, or witness to be made upon deposition, as it deems necessary. The deposition shall be taken upon commission, as prescribed by the Code of Civil Procedure, and the expense thereof shall be borne by the petitioner. (d) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition shall be filed in the office of the clerk of the court. (e) The provisions of this section permitting an appearance by counsel or electronically pursuant to subparagraph (B) of paragraph (1) of subdivision (a) are equally applicable to the spouse of a prospective adoptive parent who resides with the prospective adoptive parent outside this state. (f) If, pursuant to this section, neither prospective adoptive parent need appear before the court, the child proposed to be adopted need not appear. If the law otherwise requires that the child execute any document during the course of the hearing, the child may do so through counsel. (g) If none of the parties appear, the court may not make an order of adoption until after a report has been filed with the court pursuant to Section 8715, 8807, 8914, or 9001. (Amended by Stats. 2014, Ch. 763, Sec. 9. (AB 1701) Effective January 1, 2015.)
  41. 8613.7.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The court must give adoption petitioners a notice about possible reduced-cost or no-cost health coverage, and the California Health Benefit Exchange must develop that notice.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8613.7. On and after January 1, 2014, the court shall provide to any petitioner for adoption pursuant to this part a notice informing the petitioner that they may be eligible for reduced-cost coverage through the California Health Benefit Exchange established under Title 22 (commencing with Section 100500) of the Government Code or no-cost coverage through Medi-Cal. The notice shall include information on obtaining coverage pursuant to those programs, and shall be developed by the California Health Benefit Exchange. (Amended by Stats. 2019, Ch. 115, Sec. 114. (AB 1817) Effective January 1, 2020.)
  42. 8614.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A clerk of the superior court may issue a certificate of adoption when requested by the adoptive parents or the adopted child. The certificate generally may not list the birth parents’ names unless the child was adopted by a stepparent or a relative.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8614. Upon the request of the adoptive parents or the adopted child, a clerk of the superior court may issue a certificate of adoption that states the date and place of adoption, the birthday of the child, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent or by a relative, as defined in subdivision (c) of Section 8616.5, the certificate shall not state the name of the birth parents of the child. (Amended by Stats. 2003, Ch. 251, Sec. 5. Effective January 1, 2004.)
  43. 8615.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A petitioner may file in the county where they live, and may ask for a new birth certificate naming a deceased spouse as a parent if the spouse was in the home when the child was first placed.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8615. (a) Notwithstanding any other law, an action may be brought in the county in which the petitioner resides for the purpose of obtaining for a child adopted by the petitioner a new birth certificate specifying that a deceased spouse of the petitioner who was in the home at the time of the initial placement of the child is a parent of the child. (b) In an adoption proceeding, the petitioner may request that the new birth certificate specify that a deceased spouse of the petitioner who was in the home at the time of the initial placement of the child is a parent of the child. (c) The inclusion of the name of a deceased person in a birth certificate issued pursuant to a court order under this section does not affect any matter of testate or intestate succession, and is not competent evidence on the issue of the relationship between the adopted child and the deceased person in any action or proceeding. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  44. 8616.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After adoption, the adopted child and the adoptive parents have the rights and duties of a parent-child relationship.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8616. After adoption, the adopted child and the adoptive parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  45. 8616.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section allows postadoption contact agreements in adoptions and sets rules for court approval, child consent, enforcement, modification, filing, and related mediation.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8616.5. (a) The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, after being adopted. Postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and adoptive parents. Nothing in this section requires all of the listed parties to participate in the development of a postadoption contact agreement in order for the agreement to be executed. (b) (1) Nothing in the adoption laws of this state shall be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child from voluntarily executing a written agreement to permit continuing contact between the birth relatives, including the birth parent or parents or any siblings, or an Indian tribe, and the child if the agreement is found by the court to have been executed voluntarily and to be in the best interests of the child at the time the adoption petition is granted. (2) The terms of a postadoption contact agreement executed under this section shall be limited to, but need not include, all of the following: (A) Provisions for visitation between the child and a birth parent or parents and other birth relatives, including siblings, and the child’s Indian tribe if the case is governed by the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (B) Provisions for future contact between a birth parent or parents or other birth relatives, including siblings, or both, and the child or an adoptive parent, or both, and in cases governed by the Indian Child Welfare Act, the child’s Indian tribe. (C) Provisions for the sharing of information about the child in the future. (3) The terms of a postadoption contact agreement with birth relatives, including siblings, other than the child’s birth parent or parents shall be limited to the sharing of information about the child, unless the child has a preexisting relationship with the birth relative. (c) At the time an adoption decree is entered pursuant to a petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000, the court entering the decree may grant postadoption privileges if an agreement for those privileges has been executed, including agreements executed pursuant to subdivision (f) of Section 8620. The hearing to grant the adoption petition and issue an order of adoption may be continued as necessary to permit parties who are in the process of negotiating a postadoption agreement to reach a final agreement. (d) The child who is the subject of the adoption petition shall be considered a party to the postadoption contact agreement. The written consent to the terms and conditions of the postadoption contact agreement and any subsequent modifications of the agreement by a child who is 12 years of age or older is a necessary condition to the granting of privileges regarding visitation, contact, or sharing of information about the child, unless the court finds by a preponderance of the evidence that the agreement, as written, is in the best interests of the child. A child who has been found to come within Section 300 of the Welfare and Institutions Code or who is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code shall be represented by an attorney for purposes of consent to the postadoption contact agreement. (e) A postadoption contact agreement shall contain the following warnings in bold type: (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, including a sibling, an Indian tribe, or the child to follow the terms of this agreement or a later change to this agreement. (2) A disagreement between the parties or litigation brought to enforce or modify the agreement shall not affect the validity of the adoption and shall not serve as a basis for orders affecting the custody of the child. (3) A court will not act on a petition to change or enforce this agreement unless the petitioner has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings to resolve the dispute. (f) Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, juvenile court dependency jurisdiction shall be terminated. Enforcement of the postadoption contact agreement shall be under the continuing jurisdiction of the court granting the petition of adoption. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the court’s decision regarding enforcement. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by a public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the child’s home to the detriment of the child. (g) The court may not award monetary damages as a result of the filing of the civil action pursuant to subdivision (e). (h) A postadoption contact agreement may be modified or terminated only if either of the following occurs: (1) All parties, including the child if the child is 12 years of age or older at the time of the requested termination or modification, have signed a modified postadoption contact agreement and the agreement is filed with the court that granted the petition of adoption. (2) The court finds all of the following: (A) The termination or modification is necessary to serve the best interests of the child. (B) There has been a substantial change of circumstances since the original agreement was executed and approved by the court. (C) The party seeking the termination or modification has participated, or attempted to participate, in good faith in mediation or other appropriate dispute resolution proceedings prior to seeking court approval of the proposed termination or modification. Documentary evidence or offers of proof may serve as the basis for the court’s decision. No testimony or evidentiary hearing shall be required. The court shall not order further investigation or evaluation by a public or private agency or individual absent a finding by clear and convincing evidence that the best interests of the child may be protected or advanced only by that inquiry and that the inquiry will not disturb the stability of the child’s home to the detriment of the child. (i) All costs and fees of mediation or other appropriate dispute resolution proceedings shall be borne by each party, excluding the child. All costs and fees of litigation shall be borne by the party filing the action to modify or enforce the agreement when no party has been found by the court as failing to comply with an existing postadoption contact agreement. Otherwise, a party, other than the child, found by the court as failing to comply without good cause with an existing agreement shall bear all the costs and fees of litigation. (j) The Judicial Council shall adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements. (k) The court shall not set aside a decree of adoption, rescind a relinquishment, or modify an order to terminate parental rights or any other prior court order because of the failure of a birth parent, adoptive parent, birth relative, including a sibling, an Indian tribe, or the child to comply with any of the original terms of, or subsequent modifications to, the postadoption contact agreement, except as follows: (1) Prior to issuing the order of adoption, in an adoption involving an Indian child, the court may, upon a petition of the birth parent, birth relative, including a sibling, or an Indian tribe, order the parties to engage in family mediation services for the purpose of reaching a postadoption contact agreement if the prospective adoptive parent fails to negotiate in good faith to execute a postadoption contact agreement, after having agreed to enter into negotiations, provided that the failure of the parties to reach an agreement is not in and of itself proof of bad faith. (2) Prior to issuing the order of adoption, if the parties fail to negotiate in good faith to execute a postadoption contact agreement during the negotiations entered into pursuant to, and in accordance with, paragraph (1), the court may modify prior orders or issue new orders as necessary to ensure the best interest of the Indian child is met, including, but not limited to, requiring parties to engage in further family mediation services for the purpose of reaching a postadoption contact agreement, initiating guardianship proceeding in lieu of adoption, or authorizing a change of adoptive placement for the child. (l) As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. (m) (1) In every adoption, each petitioner shall inform the court in writing, on ADOPT-200, whether that petitioner has entered, or has agreed to enter into a postadoption contact agreement with any person or persons. (2) (A) If a postadoption contact agreement has been entered into, the terms of the agreement shall be set forth on or attached to ADOPT-310 and that form shall be signed by all adult parties to the agreement, and if applicable pursuant to subdivision (d), by the child who is the subject of the adoption. (B) Prior to finalization of the adoption, the petitioner shall file this form and any attachments with the court. The petitioner shall provide a file-marked copy of the form to all signatories to the agreement, and to any licensed adoption agency that placed the child for adoption or consented to the adoption, within 30 days of the petitioner’s receipt of the file-marked copy. (Amended by Stats. 2024, Ch. 80, Sec. 43. (SB 1525) Effective January 1, 2025.)
  46. 8617.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Existing parents are generally relieved of parental duties and rights when a child is adopted, unless a signed waiver is filed before the adoption is finalized.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8617. (a) Except as provided in subdivision (b), the existing parent or parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted child, and have no right over the child. (b) The termination of the parental duties and responsibilities of the existing parent or parents under subdivision (a) may be waived if both the existing parent or parents and the prospective adoptive parent or parents sign a waiver at any time prior to the finalization of the adoption. The waiver shall be filed with the court. (c) This section applies to all adoptions except intercountry adoptions governed by Chapter 4 (commencing with Section 8900). (Amended by Stats. 2019, Ch. 192, Sec. 1. (AB 1373) Effective January 1, 2020.)
  47. 8618.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A child adopted under this part may take the adoptive parent’s family name.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8618. A child adopted pursuant to this part may take the family name of the adoptive parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  48. 8619.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The department must set rules for collecting Indian ancestry information in certain adoptions, request the Indian blood certificate promptly, keep related documents as permanent adoption records, and later provide the information to the adopted person.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8619. The department shall adopt rules and regulations it determines are reasonably necessary to ensure that the birth parent or parents of Indian ancestry, seeking to relinquish a child for adoption, provide sufficient information to the department, county adoption agency, or licensed adoption agency so that a certificate of degree of Indian blood can be obtained from the Bureau of Indian Affairs. The department shall immediately request a certificate of degree of Indian blood from the Bureau of Indian Affairs upon obtaining the information. A copy of all documents pertaining to the degree of Indian blood and tribal enrollment, including a copy of the certificate of degree of Indian blood, shall become a permanent record in the adoption files and shall be housed in a central location and made available to authorized personnel from the Bureau of Indian Affairs when required to determine the adopted person’s eligibility to receive services or benefits because of the adopted person’s status as an Indian. This information shall be made available to the adopted person upon reaching the age of majority. (Amended by Stats. 2012, Ch. 35, Sec. 11. (SB 1013) Effective June 27, 2012.)
  49. 8619.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A biological parent or prior Indian custodian may ask for return of custody of an Indian child after an adoption decree is vacated or set aside, and the court must grant the request unless a Section 1912 ICWA showing proves return is not in the child’s best interest.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8619.5. Whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parent voluntary consents to termination of parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant that petition unless there is a showing, in a proceeding subject to the provisions of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), that the return of custody is not in the best interest of the child. (Amended by Stats. 2019, Ch. 115, Sec. 115. (AB 1817) Effective January 1, 2020.)
  50. 8620.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section requires adoption-related agencies and related actors to ask about a child’s Indian status, collect specified information, send notices, and preserve related rights and penalties.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8620. (a) (1) If a parent is seeking to relinquish a child pursuant to Section 8700 or execute an adoption placement agreement pursuant to Section 8801.3, the department, county adoption agency, licensed adoption agency, or adoption service provider, as applicable, shall ask the child and the child’s parent or custodian whether the child is, or may be, a member of, or eligible for membership in an Indian tribe or whether the child has been identified as a member of an Indian organization. The department, county adoption agency, licensed adoption agency, or adoption service provider, as applicable, shall complete the forms provided for this purpose by the department and shall make this completed form a part of the file. (2) If there is any oral or written information that indicates that the child is, or may be, an Indian child, the department, county adoption agency, licensed adoption agency, or adoption service provider, as applicable, shall obtain the following information: (A) The name of the child involved, and the actual date and place of birth of the child. (B) The name, address, date of birth, and tribal affiliation of the birth parents, maternal and paternal grandparents, and maternal and paternal great-grandparents of the child. (C) The name and address of extended family members of the child who have a tribal affiliation. (D) The name and address of the Indian tribes or Indian organizations of which the child is, or may be, a member. (E) A statement of the reasons why the child is, or may be, an Indian. (3) (A) The department, county adoption agency, licensed adoption agency, attorney for the prospective adoptive parents, or adoption service provider shall send a notice, which shall include information obtained pursuant to paragraph (2) and a request for confirmation of the child’s Indian status, to any parent and any custodian of the child, and to any Indian tribe of which the child is, or may be, a member or eligible for membership. If any of the information required under paragraph (2) cannot be obtained, the notice shall indicate that fact. (B) The notice sent pursuant to subparagraph (A) shall describe the nature of the proceeding and advise the recipient of the Indian tribe’s right to intervene in the proceeding on its own behalf or on behalf of a tribal member relative of the child. (b) The department shall adopt regulations to ensure that if a child who is being voluntarily relinquished for adoption, pursuant to Section 8700, is an Indian child, the parent of the child shall be advised of the right to withdraw consent and thereby rescind the relinquishment of an Indian child for any reason at any time prior to entry of a final decree of termination of parental rights or adoption, pursuant to Section 1913 of Title 25 of the United States Code. (c) If a child who is the subject of an adoption proceeding after being relinquished for adoption pursuant to Section 8700, is an Indian child, the child’s Indian tribe may intervene in that proceeding on behalf of a tribal member relative of the child. (d) Any notice sent under this section shall comply with Section 180. (e) If all prior notices required by this section have been provided to an Indian tribe, the Indian tribe receiving those prior notices is encouraged to provide notice to the department and to the licensed adoption agency, county adoption agency, or adoption service provider, not later than five calendar days prior to the date of the hearing to determine whether or not the final adoption order is to be granted, indicating whether or not it intends to intervene in the proceeding required by this section, either on its own behalf or on behalf of a tribal member who is a relative of the child. (f) The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with an Indian tribe. The adoption laws of this state shall not be construed to prevent the adopting parent or parents, the birth relatives, including the birth parent or parents, an Indian tribe, and the child, from voluntarily entering into a written agreement to permit continuing contact between the Indian tribe and the child, if the agreement is found by the court to have been entered into voluntarily and to be in the best interest of the child at the time the adoption petition is granted. (g) With respect to giving notice to Indian tribes in the case of voluntary placements of Indian children pursuant to this section, a person, other than a birth parent of the child, shall be subject to a civil penalty if that person knowingly and willfully: (1) Falsifies, conceals, or covers up by trick, scheme, or device, a material fact concerning whether the child is an Indian child or the parent is an Indian. (2) Makes a false, fictitious, or fraudulent statement, omission, or representation. (3) Falsifies a written document knowing that the document contains a false, fictitious, or fraudulent statement or entry relating to a material fact. (4) Assists a person in physically removing a child from the State of California in order to obstruct the application of notification. (h) Civil penalties for a violation of subdivision (g) by a person other than a birth parent of the child are as follows: (1) For the initial violation, a person shall be fined not more than ten thousand dollars ($10,000). (2) For any subsequent violation, a person shall be fined not more than twenty thousand dollars ($20,000). (Amended by Stats. 2019, Ch. 115, Sec. 116. (AB 1817) Effective January 1, 2020.)
  51. 8621.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must adopt regulations for adoption services, monitor those services, and report violations to the appropriate licensing authority.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8621. (a) The department shall adopt regulations regarding the provision of adoption services by the department, county adoption agencies, licensed adoption agencies, and other adoption service providers authorized pursuant to this division and shall monitor the provision of those services by county adoption agencies, licensed adoption agencies, and other adoption service providers as provided by law. The department shall report any violations of these regulations to the appropriate licensing authority. (b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific the changes made to this chapter by the act adding this subdivision by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations. (Amended by Stats. 2023, Ch. 43, Sec. 7. (AB 120) Effective July 10, 2023.)
  52. 8622.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A licensed private adoption agency with limited-target services must tell birth parents and prospective adoptive parents about those limits before starting services, signing documents, or taking fees.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8622. A licensed private adoption agency whose services are limited to a particular target population shall inform all birth parents and prospective adoptive parents of its service limitations before commencing any services, signing any documents or agreements, or accepting any fees. This section shall become operative on January 1, 1995. (Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 6.2. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)
  53. 8623.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Adoption facilitators on the statewide registry as of July 1, 2023 must stop operating in this state by December 31, 2023.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8623. Notwithstanding any other law, all adoption facilitators registered with the department on its statewide registry as of July 1, 2023, shall cease operation in this state on or before December 31, 2023. An adoption facilitator that continues to operate on or after January 1, 2024, shall be deemed an unlicensed adoption agency as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of the Health and Safety Code. (Repealed and added by Stats. 2023, Ch. 43, Sec. 9. (AB 120) Effective July 10, 2023.)
  54. 8624.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Section 8624 lets certain people and public prosecutors sue over a Section 8609 violation, and it makes operation of an unlicensed adoption agency an unfair competition/unfair business practice.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8624. (a) A person aggrieved by a violation of Section 8609 may bring a civil action for damages, rescission, injunctive relief, or any other civil or equitable remedy. Operation of an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of the Health and Safety Code, shall be an act of unfair competition and an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code. (b) If the court finds that a person has violated Section 8609, it shall award actual damages plus an amount equal to treble the amount of the actual damages or two thousand five hundred dollars ($2,500) per violation, whichever is greater. (c) In a civil action under this section, a prevailing party may recover reasonable attorney’s fees and costs. (d) The Attorney General, a district attorney, or a city attorney may bring a civil action for injunctive relief, restitution, or other equitable relief against an unlicensed adoption agency as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of the Health and Safety Code pursuant to this section in the name of the people of the State of California. (e) Any other interested person who, based upon information or belief, claims a violation of Section 8609 has been committed may bring a civil action for injunctive relief on behalf of the general public. This section authorizes a referral by the department to the appropriate law enforcement entities consistent with these provisions. (Repealed and added by Stats. 2023, Ch. 43, Sec. 10. (AB 120) Effective July 10, 2023.)
  55. 8625.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must add an education section to its website about unlicensed adoption agencies and notify listed adoption facilitators to stop operating and give required notices.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8625. (a) The department shall create a section on its internet website dedicated to educating the public on unlicensed adoption agencies. The section shall include both of the following: (1) A statement informing the public that, as of January 1, 2024, operating as an “adoption facilitator” in the state is prohibited. The statement shall include common practices and services undertaken by adoption facilitators. The statement shall also inform the public that only the authorized persons or organizations specified in Section 8609 may engage in the practices described in that section. (2) A listing of all persons or organizations on the department’s adoption facilitator registry as of December 31, 2023. (b) The department shall individually notify each adoption facilitator on the registry as July 1, 2023, that operations must cease pursuant to Section 8623. The notice shall also require each adoption facilitator to comply with both of the following: (1) Publish the statement described in subdivision (a) on any internet website operated by the adoption facilitator. (2) Provide written notice to any individuals under contract indicating that the adoption facilitator must cease operation on or before December 31, 2023. This written notice must also include information on licensed entities that can provide adoption services and any additional information the department deems necessary. (Repealed and added by Stats. 2023, Ch. 43, Sec. 11. (AB 120) Effective July 10, 2023.)
  56. 8626.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An adoption order under this part must list the adoptive parent or parents and any existing parent or parents who will keep parental rights after the adoption is finalized.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [8600 - 8626] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8626. Notwithstanding any other law, an adoption order issued pursuant to this part shall include the names of the adoptive parent or parents and any existing parent or parents who will maintain their parental rights after the finalization of the adoption. A failure to include an existing parent or parents on the adoption order in compliance with this section shall not be construed to terminate the parental rights and responsibilities otherwise maintained under existing law by an existing parent or parents. (Added by Stats. 2025, Ch. 757, Sec. 1. (SB 450) Effective January 1, 2026.)
  57. 8700.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section sets out how a birth parent can relinquish a child for adoption and when that relinquishment becomes final.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8700. (a) Either birth parent may relinquish a child to the department, county adoption agency, or licensed adoption agency for adoption by a written statement signed before two subscribing witnesses and acknowledged before an authorized official of the department, county adoption agency, or licensed adoption 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 a child for adoption to the department, county adoption agency, or licensed adoption agency, and the relinquishment is not subject to revocation by the relinquishing parent by reason of the minority, or because the parent or guardian of the relinquishing minor parent was not served with notice that the relinquishing minor parent relinquished the child for adoption, unless the relinquishing minor parent has previously provided written authorization to serve the relinquishing minor’s parent or guardian with that notice. (c) If a parent resides outside this state and the other parent has relinquished the child for adoption pursuant to subdivision (a) or (d), the parent residing out of state may relinquish the child by a written statement signed before a notary on a form prescribed by the department, and previously signed by an authorized official of the department, county adoption agency, or licensed adoption agency that signifies the willingness of the department, county adoption agency, or licensed adoption agency to accept the relinquishment. (d) If a parent and child reside outside this state and the other parent has not relinquished the child for adoption to the department, county adoption agency, or licensed adoption agency, the parent residing out of state may relinquish the child to the department, county adoption agency, or licensed adoption agency by a written statement signed by the relinquishing parent, after the following requirements have been satisfied: (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, county adoption agency, or licensed adoption agency, that signifies the willingness of the department, county adoption agency, or licensed adoption agency to accept the relinquishment. (e) (1) The relinquishment authorized by this section has no effect until a certified copy is sent to, and filed with, the department. The county adoption agency or 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 agency shall inform the birth parent that during this time period the birth parent may request that the relinquishment be withdrawn and that, if the birth parent makes the request, the relinquishment shall be withdrawn. The relinquishment shall be final 10 business days after receipt of the filing by the department, unless any of the following applies: (A) The department sends written acknowledgment of receipt of the relinquishment prior to the expiration of that 10-day period, at which time the relinquishment shall be final. (B) A longer period of time is necessary due to a pending court action or some other cause beyond control of the department. (C) The birth parent signs a waiver of right to revoke relinquishment pursuant to Section 8700.5, in which case the relinquishment shall become final as provided in that section. (2) After the relinquishment is final, it may be rescinded only by the mutual consent of the department, county adoption agency, 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 the relinquishing parent intends that placement of the child for adoption be made by the department, county adoption agency, or licensed adoption agency. (g) Notwithstanding subdivision (e), if the relinquishment names the person or persons with whom placement by the department, county adoption agency, 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, county adoption agency, or licensed adoption 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, county adoption agency, or licensed adoption agency shall rescind the relinquishment. (2) If the relinquishing parent does not request rescission during the 30-day period, the department, county adoption agency, or licensed adoption agency shall select adoptive parents for the child. (3) If the relinquishing parent and the department, county adoption agency, 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) Subject to the requirements of subdivision (b) of Section 361 of the Welfare and Institutions Code, a parent may sign a relinquishment of a child described in paragraph (1) of subdivision (b) of Section 361 of the Welfare and Institutions Code. If the relinquishment is to a licensed private adoption agency, the parent shall be advised, in writing, that the relinquishment shall have no effect and will be not be filed with, or acknowledged by, the department, unless the court approves the relinquishment pursuant to paragraph (3) of subdivision (b) of Section 361 of the Welfare and Institutions Code. If the court issues an order approving the relinquishment, the licensed private adoption agency shall file the relinquishment and the order with the department. If the court denies the relinquishment, the licensed private adoption agency shall void the relinquishment and inform the parent of that fact. (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. (Amended by Stats. 2019, Ch. 115, Sec. 119. (AB 1817) Effective January 1, 2020.)
  58. 8700.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A relinquishing birth parent may sign a waiver of the right to revoke a relinquishment for adoption, but usually only after an interview has been completed and in the presence of an authorized person.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8700.5. (a) A relinquishing birth parent may elect to sign a waiver of the right to revoke relinquishment in the presence of any of the following: (1) A representative of the department or the delegated county adoption agency, or any public adoption agency of another state. (2) A judicial officer of a court of record, within or outside of California, if the birth parent is represented by independent legal counsel. (3) An authorized representative of a licensed private adoption agency within or outside of California, including a representative of the adoption agency that witnessed or accepted the relinquishment, if the birth parent is represented by independent legal counsel. (b) The waiver of the right to revoke relinquishment may not be signed until the department, delegated county adoption agency, or public adoption agency of another state has completed an interview, unless the waiver is signed in the presence of a judicial officer of a court of record of any state or an authorized representative of a private adoption agency licensed within or outside of California. If the waiver is signed in the presence of a judicial officer, the interview and witnessing of the signing of the waiver shall be conducted by the judicial officer. If the waiver is signed in the presence of an authorized representative of a licensed adoption agency, the interview shall be conducted by the independent legal counsel for the birth parent or parents, who shall: (1) Review the waiver with the birth parent or parents. (2) Counsel the birth parent or parents about the nature of the intended waiver. (3) Sign and deliver to the birth parent or parents and the licensed adoption agency a certificate in substantially the following form: “I, (name of attorney), have counseled my client, (name of client), about the nature and legal effect of the waiver of the right to revoke the relinquishment for adoption. I am so disassociated from the interest of the prospective adoptive parent(s) and the licensed adoption agency as to be in a position to advise my client impartially and confidentially as to the consequences of the waiver. My client is aware that California law provides an indeterminate period, usually 2 to 10 business days, during which a birth parent may revoke a relinquishment for adoption. On the basis of this counsel, I conclude that it is the intent of my client to waive the right to revoke, and to make a permanent and irrevocable relinquishment for adoption. My client understands that upon signing this waiver, my client will not be able to regain custody of the child unless the prospective adoptive parent or parents agree to withdraw the petition for adoption or the court denies the adoption petition.” (c) If the placing birth parent signs the waiver in front of a judicial officer or the department, the relinquishment shall become final and irrevocable at the time the waiver is signed. If the waiver is signed in the presence of an authorized representative of a private licensed adoption agency, the relinquishment shall become final and irrevocable at the close of the next business day after the relinquishment was signed, or at the close of the next business day after expiration of any holding period specified in writing, whichever is later. (d) The licensed adoption agency shall submit the waiver and certificate to the department with the relinquishment, unless the relinquishment was submitted to the department before the waiver was signed, in which case the waiver and certificate shall be submitted to the department no later than two business days after signing. (e) A waiver executed pursuant to this section shall be void if any of the following occur: (1) The relinquishment is determined to be invalid. (2) The relinquishment is revoked during any holding period specified in writing. (3) The relinquishment is rescinded pursuant to Section 8700. (f) This section does not limit the birth parent’s right to rescind the relinquishment pursuant to Section 8700. (Amended by Stats. 2019, Ch. 115, Sec. 120. (AB 1817) Effective January 1, 2020.)
  59. 8701.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Adoption agencies must tell a birth parent, in writing and verbally, that the parent may later ask for known information about the child’s adoption status, except identifying information about the adoptive family.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8701. At or before the time a relinquishment is signed, the department, county adoption agency, 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, county adoption agency, or licensed adoption 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. (Amended by Stats. 2012, Ch. 35, Sec. 15. (SB 1013) Effective June 27, 2012.)
  60. 8702.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must adopt a statement and a form for birth parents and prospective adoptive parents about adoption-related disclosure, contact details, and file access.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 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, county adoption agency, 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, county adoption agency, 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, county adoption agency, 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, county adoption agency, 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, county adoption agency, or 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.” (Amended by Stats. 2012, Ch. 35, Sec. 16. (SB 1013) Effective June 27, 2012.)
  61. 8703.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Adoption agencies responsible for a child's adoptive placement must send the birth parent a written notice if the birth parent's address is known.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8703. When the parental rights of a birth parent are terminated pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 or Part 4 (commencing with Section 7800) of Division 12, or pursuant to Section 366.25 or 366.26 of the Welfare and Institutions Code, the department, county adoption agency, or licensed adoption agency responsible for the adoptive placement of the child shall send a written notice to the birth parent, if the birth parent’s address is known, that contains the following statement: (a) “You are encouraged to keep the department or this agency informed of your current address in order to permit a response to any inquiry concerning medical or social history made by or on behalf of the child who was the subject of the court action terminating parental rights. (b) 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, county adoption agency, or 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” (Amended by Stats. 2012, Ch. 35, Sec. 17. (SB 1013) Effective June 27, 2012.)
  62. 8704.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The adoption agency responsible for a child has exclusive custody and control until adoption is ordered, may end placements before then, and must return the child promptly if a placement ends.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8704. (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights is responsible for the care of the child, and is entitled to the exclusive custody and control of the child until an order of adoption is granted. Any placement for temporary care, or for adoption, made by the department, county adoption agency, or licensed adoption agency may be terminated in its discretion at any time before the granting of an order of adoption. In the event of termination of any placement for temporary care or for adoption, the child shall be returned promptly to the physical custody of the department, county adoption agency, or licensed adoption agency. (b) No petition may be filed to adopt a child relinquished to the department, county adoption agency, or licensed adoption agency or a child declared free from the custody and control of either or both birth parents and referred to the department, county adoption agency, or licensed adoption agency for adoptive placement, except by the prospective adoptive parents with whom the child has been placed for adoption by the department, county adoption agency, or licensed adoption agency. After the adoption petition has been filed, the department, county adoption agency, or licensed adoption agency may remove the child from the prospective adoptive parents only with the approval of the court, upon motion by the department, county adoption agency, or licensed adoption agency after notice to the prospective adoptive parents, supported by an affidavit or affidavits stating the grounds on which removal is sought. If the department, county adoption agency, or licensed adoption agency refuses to consent to the adoption of a child by the person or persons with whom the department, county adoption agency, or licensed adoption agency placed the child for adoption, the court may nevertheless order the adoption if it finds that the refusal to consent is not in the child’s best interest. (Amended by Stats. 2012, Ch. 35, Sec. 18. (SB 1013) Effective June 27, 2012.)
  63. 8704.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    For certain nondependent children placed with a licensed private adoption agency, a foster care license, certification, or resource family approval is not required if the child is placed with prospective adoptive parents who have an approved adoption home study. The agency must do in-home supervisory visits at least every 30 days during the preadoptive placement until the child is legally freed and formally placed for adoption.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8704.5. (a) A foster care license or certification or resource family approval shall not be required for placement of a nondependent child who is relinquished for adoption to a licensed private adoption agency, if the child is placed in the care of prospective adoptive parents who have an approved adoption home study that meets the criteria established by the department for home studies conducted within the state. (b) During a preadoptive placement made pursuant to subdivision (a), the licensed private adoption agency shall conduct in-home supervisory visits no less than once every 30 days, until the child has been legally freed and formally placed for adoption. (Amended by Stats. 2017, Ch. 732, Sec. 2. (AB 404) Effective January 1, 2018.)
  64. 8705.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a child is in public or licensed adoption agency custody and the required consent-holders are deceased, the agency may ask the court for an order about custody, control, and adoption placement, and must notify known relatives up to the third degree.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8705. (a) Where a child is in the custody of a public agency or licensed adoption agency, if it is established that the persons whose consent to the adoption is required by law are deceased, an action may be brought by the department, county adoption agency, or licensed adoption agency requesting the court to make an order establishing that the requesting agency has the right to custody and control of the child and the authority to place the child for adoption. The department, county adoption agency, or licensed adoption agency bringing the action shall give notice in the form prescribed by the court to all known relatives of the child up to and including the third degree of lineal or collateral consanguinity. (b) This section does not apply where a guardian of the person of the child has been appointed pursuant to nomination by a will. (Amended by Stats. 2012, Ch. 35, Sec. 19. (SB 1013) Effective June 27, 2012.)
  65. 8706.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An agency cannot place a child for adoption until the required written medical-background report has been given to the prospective adoptive parents and they acknowledge receiving it.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8706. (a) An agency may not place a child for adoption unless a written report on the child’s medical background and, if available, the medical background of the child’s biological parents so far as ascertainable, has been submitted to the prospective adoptive parents and they have acknowledged in writing the receipt of the report. (b) The report on the child’s background shall contain all known diagnostic information, including current medical reports on the child, psychological evaluations, and scholastic information, as well as all known information regarding the child’s developmental history and family life. (c) (1) The biological parents may provide a blood sample at a clinic or hospital approved by the State Department of Health Services. The biological parents’ failure to provide a blood sample shall not affect the adoption of the child. (2) The blood sample shall be stored at a laboratory under contract with the State Department of Health Services for a period of 30 years following the adoption of the child. (3) The purpose of the stored sample of blood is to provide a blood sample from which DNA testing can be done at a later date after entry of the order of adoption at the request of the adoptive parents or the adopted child. The cost of drawing and storing the blood samples shall be paid for by a separate fee in addition to the fee required under Section 8716. The amount of this additional fee shall be based on the cost of drawing and storing the blood samples but at no time shall the additional fee be more than one hundred dollars ($100). (d) (1) The blood sample shall be stored and released in such a manner as to not identify any party to the adoption. (2) Any results of the DNA testing shall be stored and released in such a manner as to not identify any party to the adoption. (Amended by Stats. 1996, Ch. 1053, Sec. 1. Effective January 1, 1997.)
  66. 8707.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must run and regulate a statewide photo-listing service for adoption cases, and adoption agencies must submit and update child photo-listing information within set deadlines.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8707. (a) The department shall establish a statewide photo-listing service to serve all county adoption agencies and licensed adoption agencies in the state as a means of recruiting adoptive families. The department shall adopt regulations governing the operations of the photo-listing service and shall establish procedures for monitoring compliance with this section. (b) The photo-listing service shall maintain child specific information that, except as provided in this section, contains a photograph and description of each child who has been legally freed for adoption and whose case plan goal is adoption. Registration of children with the photo-listing service and notification by the licensed adoption agency of changes in a child’s photo-listing status shall be reflected in the photo-listing service within 30 working days of receipt of the registration or notification. (c) The photo-listing service shall be provided to all county adoption agencies, licensed adoption agencies, adoption support groups, and state, regional, and national photo-listings and exchanges requesting copies of the photo-listing service. (d) All children legally freed for adoption whose case plan goal is adoption shall be photo-listed, unless deferred as provided in subdivision (e) or (f). Adoption agencies shall send a recent photograph and description of each legally freed child to the photo-listing service within 15 working days of the time a child is legally freed for adoption. When adoption has become the case plan goal for a particular child, the adoption agency may photo-list that child before the child becomes legally freed for adoption. (e) A child shall be deferred from the photo-listing service when the child’s foster parents or other identified individuals who have applied to adopt the child are meeting the county adoption agency’s or licensed adoption agency’s requests for required documentation and are cooperating in the completion of a home study being conducted by the agency. (f) A child who is 12 years old or older may be deferred from the photo-listing service if the child does not consent to being adopted. (g) Within 15 working days following a one-year period in which a child is listed in the photo-listing service, the county adoption agency or licensed adoption agency shall submit a revised description and photograph of the child. (h) County adoption agencies and licensed adoption agencies shall notify the photo-listing service, by telephone, of any adoptive placements or of significant changes in a child’s photo-listing status within two working days of the change. (i) The department shall establish procedures for semiannual review of the photo-listing status of all legally freed children whose case plan goal is adoption, including those who are registered with the photo-listing service and those whose registration has been deferred. (Amended by Stats. 2012, Ch. 35, Sec. 20. (SB 1013) Effective June 27, 2012.)
  67. 8707.1.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The adoption recruitment agency must make diligent efforts to recruit prospective adoptive parents who reflect the ethnic, racial, and cultural diversity of children needing adoptive homes.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8707.1. (a) The agency responsible for recruitment of potential adoptive parents shall make diligent efforts to recruit individuals who reflect the ethnic, racial, and cultural diversity of children for whom adoptive homes are needed. (b) This section shall not be construed to affect the application of the federal Indian Child Welfare Act. (Added by Stats. 2014, Ch. 772, Sec. 1. (SB 1460) Effective January 1, 2015.)
  68. 8708.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An adoption agency may not refuse or delay adoption placement on race, color, national origin, or because the approved adoptive family lives outside the agency’s jurisdiction.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8708. (a) The adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights shall not do any of the following: (1) Deny to any person the opportunity to become an adoptive parent on the basis of the race, color, or national origin of the person or the child involved. (2) Delay or deny the placement of a child for adoption on the basis of the race, color, or national origin of the adoptive parent or the child involved. (3) Delay or deny the placement of a child for adoption solely because the prospective, approved adoptive family resides outside the jurisdiction of the department, county adoption agency, or licensed adoption agency. For purposes of this paragraph, an approved adoptive family means a family approved pursuant to the California adoptive applicant assessment standards or approved as a resource family pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code. If the adoptive applicant assessment was conducted in another state according to that state’s standards, the California placing agency shall determine whether the standards of the other state substantially meet the standards and criteria established in California adoption regulations. (b) This section shall not be construed to affect the application of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 and following). (Amended by Stats. 2017, Ch. 732, Sec. 3. (AB 404) Effective January 1, 2018.)
  69. 8709.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A listed adoption agency may consider a child’s religious background when deciding placement if the child has been freed for adoption.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8709. (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights may consider the child’s religious background in determining an appropriate placement. (b) This section shall not be construed to affect the application of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 and following). (Amended by Stats. 2012, Ch. 35, Sec. 22. (SB 1013) Effective June 27, 2012.)
  70. 8710.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Adoption agencies must first consider relatives for a child being considered for adoption, and for an Indian child must follow the specified placement preferences. Foster parents may also be considered when stated conditions are met.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8710. (a) If a child is being considered for adoption, the department, county adoption agency, or licensed adoption agency shall first consider adoptive placement in the home of a relative or, in the case of an Indian child, according to the placement preferences and standards set out in subdivisions (c), (d), (e), (f), (g), (h), and (i) of Section 361.31 of the Welfare and Institutions Code. However, if the birth parent refuses to consider a relative or sibling placement, if a relative is not available, if placement with an available relative is not in the child’s best interest, or if placement would permanently separate the child from other siblings who are being considered for adoption or who are in foster care and an alternative placement would not require the permanent separation, the foster parent or parents of the child shall be considered with respect to the child along with all other prospective adoptive parents where all of the following conditions are present: (1) The child has been in foster care with the foster parent or parents for a period of more than four months. (2) The child has substantial emotional ties to the foster parent or parents. (3) The child’s removal from the foster home would be seriously detrimental to the child’s well-being. (4) The foster parent or parents have made a written request to be considered to adopt the child. (b) In the case of an Indian child whose foster parent or parents or other prospective adoptive parents do not fall within the placement preferences established in subdivision (c) or (d) of Section 361.31 of the Welfare and Institutions Code, the foster parent or parents or other prospective adoptive parents shall only be considered if the court finds, supported by clear and convincing evidence, that good cause exists to deviate from these placement preferences. (c) This section does not apply to a child who has been adjudged a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code. (d) Upon a request to move a child from a prospective adoptive home for the purpose of placement with siblings or other relatives, the court shall consider the best interests of the child. (Amended by Stats. 2012, Ch. 35, Sec. 23. (SB 1013) Effective June 27, 2012.)
  71. 8710.1.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If no adoptive placement plan exists within the agency’s jurisdiction, the department, county adoption agency, or licensed adoption agency must register the child with the exchange system.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8710.1. If there is not an adoptive placement plan for a child with an approved adoptive family, as defined in subdivision (c) of Section 8708, within the department’s, county adoption agency’s, or licensed adoption agency’s jurisdiction, then the department, county adoption agency, or licensed adoption agency shall register the child with the exchange system described in Section 8710.2. (Amended by Stats. 2012, Ch. 35, Sec. 24. (SB 1013) Effective June 27, 2012.)
  72. 8710.2.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must establish a statewide exchange system to match waiting children with approved adoptive families.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8710.2. In order to preclude the delays or denials described in paragraph (3) of subdivision (a) of Section 8708, the department shall establish a statewide exchange system that interjurisdictionally matches waiting children and approved adoptive families. The department may create a new statewide exchange system, modify an existing statewide exchange system, such as the photo-listing service described in Section 8707, or designate an existing exchange system, such as the Adoption Exchange Enhancement Program, as the statewide exchange system for purposes of this section. (Amended by Stats. 2019, Ch. 497, Sec. 114. (AB 991) Effective January 1, 2020.)
  73. 8710.3.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If an approved family may be suitable for placement of a dependent child, the department, county adoption agency, or licensed adoption agency must register the family with the statewide exchange system unless the family does not consent or a specific child or children have already been identified for placement.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8710.3. If the department, county adoption agency, or licensed adoption agency has approved a family for adoption pursuant to subdivision (c) of Section 8708 and that family may be appropriate for placement of a child who has been adjudged a dependent child of the juvenile court, the department, county adoption agency, or licensed adoption agency shall register the family with the statewide exchange system established pursuant to Section 8710.2, except in either of the following circumstances: (a) The family refuses to consent to the registration. (b) A specific child or children have already been identified for adoptive placement with the family. (Amended by Stats. 2012, Ch. 35, Sec. 25. (SB 1013) Effective June 27, 2012.)
  74. 8710.4.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must make statewide exchange information available to licensed adoption agency personnel and keep children’s information confidential, except for written consent from birth parents or the court.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8710.4. (a) The department shall ensure that information regarding families and children registered with the statewide exchange system described in Section 8710.2 is accessible by licensed adoption agency personnel throughout the state. Provision shall be made for secure Internet, telephone, and facsimile access by authorized licensed adoption agency personnel. (b) Information regarding children maintained by the statewide exchange system described in Section 8710.2 shall be confidential and shall not be disclosed to any parties other than authorized adoption agency personnel, except when consent to disclosure has been received in writing from the birth parents or the court that has jurisdiction. (Added by Stats. 1998, Ch. 1056, Sec. 7. Effective January 1, 1999.)
  75. 8711.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Sections 8708 to 8710.4 apply only when deciding where to place a child who has been relinquished for adoption or declared free from the birth parents’ custody and control.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8711. Sections 8708 to 8710.4, inclusive, apply only in determining the placement of a child who has been relinquished for adoption or has been declared free from the custody and control of the birth parents. (Amended by Stats. 1998, Ch. 1056, Sec. 8. Effective January 1, 1999.)
  76. 8711.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The department must adopt regulations to administer Sections 8708 to 8711.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8711.5. The department shall adopt regulations to administer the provisions of Sections 8708 to 8711, inclusive. (Added by Stats. 1995, Ch. 884, Sec. 9. Effective January 1, 1996.)
  77. 8712.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Adoption agencies must fingerprint adoption applicants, check criminal records, and cannot approve placements in homes with certain disqualifying convictions.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8712. (a) (1) The department, county adoption agency, or licensed adoption agency shall require each person who files an application for adoption to be fingerprinted and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. The department, county adoption agency, or licensed adoption agency may also secure the person’s full criminal record, if any, with the exception of any convictions for which relief has been granted pursuant to Section 1203.49 of the Penal Code. A federal-level criminal offender record request to the Department of Justice shall be submitted with fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and content of a record of an out-of-state or federal conviction or arrest of a person or information regarding any out-of-state or federal crimes or arrests for which the Department of Justice establishes that the person is free on bail, or on their own recognizance pending trial or appeal. The Department of Justice shall forward to the Federal Bureau of Investigation any requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and shall compile and disseminate a response to the department, county adoption agency, or licensed adoption agency. (2) The department, county adoption agency, or licensed adoption agency may obtain arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties, as provided in this section. (b) Notwithstanding subdivision (c), the criminal record, if any, shall be taken into consideration when evaluating the prospective adoptive parent, and an assessment of the effects of any criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court. (c) The department, county adoption agency, or licensed adoption agency shall not give final approval for an adoptive placement in any home in which the prospective adoptive parent or any adult living in the prospective adoptive home has been convicted of an offense for which an exemption cannot be granted pursuant to subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. (d) Any fee charged by a law enforcement agency for fingerprinting or for checking or obtaining the criminal record of the applicant shall be paid by the applicant. The department, county adoption agency, or licensed adoption agency may defer, waive, or reduce the fee when its payment would cause economic hardship to prospective adoptive parents detrimental to the welfare of the adopted child, when the child has been in the foster care of the prospective adoptive parents for at least one year, or if necessary for the placement of a special-needs child. (Amended by Stats. 2019, Ch. 115, Sec. 121. (AB 1817) Effective January 1, 2020.)
  78. 8713.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section limits moving a child freed for adoption or a child in an adoption proceeding and restricts concealment, unless the required agency or court permission is obtained.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8713. (a) In no event may a child who has been freed for adoption be removed from the county in which the child was placed, by any person who has not petitioned to adopt the child, without first obtaining the written consent of the department, county adoption agency, or licensed adoption agency responsible for the child. (b) During the pendency of an adoption proceeding: (1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption or from the court with jurisdiction over the adoption proceeding. (2) The child shall not be removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the department, county adoption agency, or licensed adoption agency responsible for the child. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the department, county adoption agency, or licensed adoption agency responsible for the child. If the department, county adoption agency, or licensed adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest. (c) This section does not apply in any of the following situations: (1) When the child is absent for a period of not more than 30 days from the county of the petitioner’s residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the child’s removal from the county of the petitioner’s residence at the time of placement, pending consideration of any of the following: (A) The suitability of the petitioners. (B) The care provided the child. (C) The availability of the legally required agency consents to the adoption. (2) Where the child has been returned to and remains in the custody and control of the child’s birth parent or parents. (3) Where written consent for the removal of the child is obtained from the department, county adoption agency, or licensed adoption agency responsible for the child. (d) A violation of this section is a violation of Section 280 of the Penal Code. (e) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law. (Amended by Stats. 2022, Ch. 159, Sec. 3. (AB 2495) Effective January 1, 2023.)
  79. 8714.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section sets where an adoption request may be filed and requires certain filings and notices to the court and department.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8714. (a) A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption. (b) The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken. (c) If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized. (d) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency. (e) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding. (f) The order of adoption shall contain the child’s adopted name and the name the child had before adoption. (Amended by Stats. 2023, Ch. 851, Sec. 7. (AB 1650) Effective January 1, 2024.)
  80. 8714.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets a relative seeking to adopt file an adoption petition in the proper county and requires certain notices and paperwork to be filed with the court.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8714.5. (a) The Legislature finds and declares the following: (1) It is the intent of the Legislature to expedite legal permanency for children who cannot return to their parents and to remove barriers to adoption by relatives of children who are already in the dependency system or who are at risk of entering the dependency system. (2) This goal will be achieved by empowering families, including extended families, to care for their own children safely and permanently whenever possible, by preserving existing family relationships, thereby causing the least amount of disruption to the child and the family, and by recognizing the importance of sibling and half-sibling relationships. (b) A relative desiring to adopt a child may for that purpose file a petition in the county in which the petitioner resides. Where a child has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and thereafter has been freed for adoption by the juvenile court, the petition may be filed either in the county where the petitioner resides or in the county where the child was freed for adoption. (c) Upon the filing of a petition for adoption by a relative, the clerk of the court shall immediately notify the State Department of Social Services in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken. (d) If the adopting relative has entered into a postadoption contact agreement with the birth parent as set forth in Section 8616.5 the agreement, signed by the participating parties, shall be attached to and filed with the petition for adoption under subdivision (b). (e) The caption of the adoption petition shall contain the name of the relative petitioner. The petition shall state the child’s name, sex, and date of birth. (f) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioner shall notify the court of any petition for adoption. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending. (g) The order of adoption shall contain the child’s adopted name and, if requested by the adopting relative, or if requested by the child who is 12 years of age or older, the name the child had before adoption. (h) For purposes of this section, “relative” means an adult who is related to the child or the child’s half-sibling by blood or affinity, including all relatives whose status is preceded by the words “step,” “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. (Amended by Stats. 2008, Ch. 534, Sec. 9. Effective January 1, 2009.)
  81. 8715.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section requires adoption agencies involved in a petition to file a full report to the court, and in some cases to add specific information about child dependency, postadoption contact, and home studies.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8715. (a) The department, county adoption agency, or licensed adoption agency, whichever is a party to, or joins in, the petition, shall submit a full report of the facts of the case to the court. (b) If the child has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and has thereafter been freed for adoption by the juvenile court, the report required by this section shall describe whether the requirements of subdivision (e) of Section 16002 of the Welfare and Institutions Code have been completed and what, if any, plan exists for facilitation of postadoptive contact between the child who is the subject of the adoption petition and the child’s siblings and half siblings. (c) If a petition for adoption has been filed with a postadoption contact agreement pursuant to Section 8616.5, the report shall address whether the postadoption contact agreement has been entered into voluntarily, and whether it is in the best interest of the child who is the subject of the petition. (d) The department may also submit a report in those cases in which a county adoption agency, or licensed adoption agency is a party or joins in the adoption petition. (e) If a petitioner is a resident of a state other than California, an updated and current home study report, conducted and approved by a licensed adoption agency or other authorized resource in the state in which the petitioner resides, shall be reviewed and endorsed by the department, county adoption agency, or licensed adoption agency, if the standards and criteria established for a home study report in the other state are substantially commensurate with the home study standards and criteria established in California adoption regulations. (Amended by Stats. 2019, Ch. 115, Sec. 122. (AB 1817) Effective January 1, 2020.)
  82. 8716.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An adoption agency or the department may require petitioners to pay a $500 fee when a petition is filed for adoption of a child placed by that agency or department.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8716. Where a petition is filed for the adoption of a child who has been placed for adoption by a county adoption agency, licensed county adoption agency, or the department, the county adoption agency, licensed adoption agency, or department may, at the time of filing a favorable report with the court, require the petitioners to pay to the agency, as agent of the state, or to the department, a fee of five hundred dollars ($500). The county adoption agency, licensed adoption agency, or department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parents detrimental to the welfare of the adopted child, if the child has been in the foster care of the prospective adoptive parents for at least one year, or if necessary for the placement of a special-needs child. (Amended by Stats. 2012, Ch. 35, Sec. 29. (SB 1013) Effective June 27, 2012.)
  83. 8717.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If a department, county adoption agency, or licensed adoption agency submits a report or findings to the court, a copy must be given to the petitioner’s attorney of record, or to the petitioner if there is no attorney.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8717. When any report or findings are submitted to the court by the department, county adoption agency, or licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or to the petitioner. (Amended by Stats. 2012, Ch. 35, Sec. 30. (SB 1013) Effective June 27, 2012.)
  84. 8718.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Prospective adoptive parents and the child proposed to be adopted must appear before the court.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8718. The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  85. 8719.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If petitioners try to withdraw an adoption petition or dismiss the proceeding, the court clerk must immediately notify the department at Sacramento.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8719. If the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the department at Sacramento of the action. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  86. 8720.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If the agency reports a problem or recommends denial, the clerk must send the report to court review; the court must then set a hearing and notify the relevant parties, and the agency must appear for the child.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Agency Adoptions [8700 - 8720] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8720. (a) If the department, county adoption agency, or licensed adoption agency finds that the home of the petitioners is not suitable for the child or that the required agency consents are not available and the department, county adoption agency, or licensed adoption agency recommends that the petition be denied, or if the petitioners desire to withdraw the petition and the department, county adoption agency, or licensed adoption agency recommends that the petition be denied, the clerk upon receipt of the report of the department, county adoption agency, or licensed adoption agency shall immediately refer it to the court for review. (b) Upon receipt of the report, the court shall set a date for a hearing of the petition and shall give reasonable notice of the hearing to the department, county adoption agency, or licensed adoption agency, the petitioners, and, if necessary, the birth parents, by certified mail, return receipt requested, to the address of each as shown in the proceeding. (c) The department, county adoption agency, or licensed adoption agency shall appear to represent the child. (Amended by Stats. 2012, Ch. 35, Sec. 31. (SB 1013) Effective June 27, 2012.)
  87. 8730.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. )

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    The department, county adoption agency, or licensed adoption agency may give an abbreviated home study assessment for certain caregivers and adoptive parents, but the assessment must include specified checks and interviews unless a court orders otherwise.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. ) ## 8730. (a) Subject to the requirements of subdivision (b), the department, county adoption agency, or licensed adoption agency may provide an abbreviated home study assessment for any of the following: (1) A licensed or certified foster parent with whom the child has lived for a minimum of six months. (2) An approved relative caregiver or nonrelated extended family member with whom the child has had an ongoing and significant relationship. (3) A court-appointed relative guardian of the child who has been investigated and approved pursuant to the guardianship investigation process and has had physical custody of the child for at least one year. (4) A prospective adoptive parent who has completed an agency-supervised adoption within the last two years. (b) Unless otherwise ordered by a court with jurisdiction over the child, home study assessments completed pursuant to subdivision (a) shall include, at minimum, all of the following: (1) A criminal records check, as required by all applicable state and federal statutes and regulations. (2) A determination that the applicant has sufficient financial stability to support the child and ensure that an adoption assistance program payment or other government assistance to which the child is entitled is used exclusively to meet the child’s needs. In making this determination, the experience of the applicant only while the child was in the applicant’s care shall be considered. For purposes of this section, the applicant shall be required to provide verification of employment records or income or both. (3) A determination that the applicant has not abused or neglected the child while the child has been in the applicant’s care and has fostered the healthy growth and development of the child. This determination shall include a review of the disciplinary practices of the applicant to ensure that the practices are age appropriate and do not physically or emotionally endanger the child. (4) A determination that the applicant is not likely to abuse or neglect the child in the future and that the applicant can protect the child, ensure necessary care and supervision, and foster the child’s healthy growth and development. (5) A determination that the applicant can address issues that may affect the child’s well-being, including, but not limited to, the child’s physical health, mental health, and educational needs. (6) An interview with the applicant, an interview with each individual residing in the home, and an interview with the child to be adopted. (7) A review by the department, county adoption agency, or licensed adoption agency of all previous guardianship investigation reports, home study assessments, and preplacement evaluations of each applicant. Notwithstanding any other law regarding the confidential nature of these reports, upon the written request of the department, county adoption agency, or licensed adoption agency that is accompanied by a signed release from the applicant, the department, county adoption agency, or licensed adoption agency may receive a copy of any of these reports from a court, investigating agency, or other person or entity in possession of the report. The department, county adoption agency, or licensed adoption agency shall document attempts to obtain the report and, if applicable, the reason the report is unavailable. (c) The department may promulgate regulations as necessary or appropriate to implement this section. (d) This section does not apply to independent adoptions filed pursuant to Chapter 3 (commencing with Section 8800). (Amended by Stats. 2019, Ch. 115, Sec. 123. (AB 1817) Effective January 1, 2020.)
  88. 8731.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. )

    Verify source ↗

    For a foster parent prospective adoptive parent, the Section 8730 assessment or home study cannot start until the child has lived in the foster parent's home for at least six months.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. ) ## 8731. If the prospective adoptive parent of a child is a foster parent, the assessment or home study described in Section 8730 shall not be initiated until the child to be adopted has resided in the home of the foster parent for at least six months. (Added by Stats. 1998, Ch. 983, Sec. 3. Effective January 1, 1999.)
  89. 8732.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. )

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    A medical examination report for the foster parent or relative caregiver must be included in each applicant’s assessment, unless an agency decides it is unnecessary based on other available information.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. ) ## 8732. A report of a medical examination of the foster parent with whom the child has lived for a minimum of six months or the relative caregiver who has had an ongoing and significant relationship with the child shall be included in the assessment of each applicant unless the department, county adoption agency, or licensed adoption agency determines that, based on other available information, this report is unnecessary. (Amended by Stats. 2020, Ch. 104, Sec. 2. (AB 2944) Effective September 18, 2020.)
  90. 8733.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. )

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    Adoption agencies must make sure adoptive parents are given information about the child’s specific needs.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. ) ## 8733. The department, county adoption agency, or licensed adoption agency shall require the adoptive parent to be provided with information related to the specific needs of the child to be adopted, that, as determined by the licensed adoption agency, may include information regarding the following: issues surrounding birth parents, the effects of abuse and neglect on children, cultural and racial issues, sexuality, contingency planning for children in the event of the parents’ death or disability, financial assistance for adopted children, common childhood disabilities, including, but not limited to, emotional disturbances, attention deficit disorder, learning disabilities, speech and hearing impairment, and dyslexia, the importance of sibling and half-sibling relationships, and other issues related to adoption and child development and the availability of counseling to deal with these issues. (Amended by Stats. 2012, Ch. 35, Sec. 34. (SB 1013) Effective June 27, 2012.)
  91. 8734.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. )

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    The department must encourage adoption agencies to offer adoption training programs to prospective adoptive families.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. ) ## 8734. The department shall encourage adoption agencies to make adoption training programs available to prospective adoptive families. (Added by Stats. 1998, Ch. 983, Sec. 3. Effective January 1, 1999.)
  92. 8735.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. )

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    The department must adopt regulations requiring adoption agencies to notify the foster care placement agency when a relative caregiver or foster parent is denied approval to adopt for inability to provide for the child’s mental and emotional health, safety, and security.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. ) ## 8735. The department shall adopt regulations requiring county adoption agencies and licensed adoption agencies to inform the agency responsible for the foster care placement when a relative caregiver or foster parent has been denied approval to adopt based on an inability of the relative caregiver or foster parent to provide for the mental and emotional health, safety, and security of the child and to recommend either that the relative caregiver or foster parent be provided with additional support and supervision or that the child be removed from the home of the relative caregiver or foster parent. (Amended by Stats. 2012, Ch. 35, Sec. 35. (SB 1013) Effective June 27, 2012.)
  93. 8736.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. )

    Verify source ↗

    Chapter requirements may not be used to remove a child placed with a relative caregiver or foster parent before January 1, 1999, unless noncompliance creates a danger to the child.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents [8730 - 8736] ( Chapter 2.5 added by Stats. 1998, Ch. 983, Sec. 3. ) ## 8736. The requirements of this chapter shall not be used as basis for removing a child who has been placed with a relative caregiver or foster parent prior to January 1, 1999, unless the noncompliance with the standards described therein present a danger to the health, safety, or emotional well-being of the child. (Added by Stats. 1998, Ch. 983, Sec. 3. Effective January 1, 1999.)
  94. 8800.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Attorneys in an independent adoption must avoid conflicted dual representation unless both sides give written consent, and they must give specified notices and filings.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8800. (a) The Legislature finds and declares that an attorney’s ability to effectively represent a client may be seriously impaired when conflict of interest deprives the client of the attorney’s undivided loyalty and effort. The Legislature further finds and declares that the relation between attorney and client is a fiduciary relation of the very highest character, and binds the attorney to the most conscientious fidelity. (b) The Legislature finds that Rule 2-111(A)(2) of the State Bar Rules of Professional Conduct provides that an attorney shall not withdraw from employment until the attorney has taken reasonable steps to avoid foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, and complying with applicable laws and rules. (c) The Legislature declares that in an independent adoption proceeding, whether or not written consent is obtained, multiple representation by an attorney should be avoided whenever a birth parent displays the slightest reason for the attorney to believe any controversy might arise. The Legislature finds and declares that it is the duty of the attorney, when a conflict of interest occurs, to withdraw promptly from any case, advise the parties to retain independent counsel, refrain from taking positions in opposition to any of these former clients, and thereafter maintain an impartial, fair, and open attitude toward the new attorneys. (d) Notwithstanding any other law, it is unethical for an attorney to undertake the representation of both the prospective adoptive parents and the birth parents of a child in any negotiations or proceedings in connection with an adoption unless a written consent is obtained from both parties. The written consent shall include all of the following: (1) A notice to the birth parents, in the form specified in this section, of their right to have an independent attorney advise and represent them in the adoption proceeding and that the prospective adoptive parents may be required to pay the reasonable attorney’s fees up to a maximum of five hundred dollars ($500) for that representation, unless a higher fee is agreed to by the parties. (2) A notice to the birth parents that they may waive their right to an independent attorney and may be represented by the attorney representing the prospective adoptive parents. (3) A waiver by the birth parents of representation by an independent attorney. (4) An agreement that the attorney representing the prospective adoptive parents shall represent the birth parents. (e) Upon the petition or motion of any party, or upon motion of the court, the court may appoint an attorney to represent a child’s birth parent or parents in negotiations or proceedings in connection with the child’s adoption. (f) The birth parent or parents may have an attorney, other than the attorney representing the interests of the prospective adoptive parents, to advise them fully of the adoption procedures and of their legal rights. The birth parent or parents also may retain an attorney to represent them in negotiations or proceedings in connection with the child’s adoption. The court may award attorney’s fees and costs for just cause and based upon the ability of the parties to pay those fees and costs. (g) In the initial communication between the attorney retained by or representing the prospective adoptive parents and the birth parents, or as soon thereafter as reasonable, but before any written consent for dual representation, the attorney shall advise the birth parents of their rights regarding an independent attorney and that it is possible to waive the independent attorney. (h) The attorney retained by or representing the prospective adoptive parents shall inform the prospective adoptive parents in writing that the birth parent or parents can revoke consent to the adoption pursuant to Section 8814.5 and that any moneys expended in negotiations or proceedings in connection with the child’s adoption are not reimbursable. The prospective adoptive parents shall sign a statement to indicate their understanding of this information. (i) Written consent to dual representation shall be filed with the court before the filing of the birth parent’s consent to adoption. (Amended by Stats. 2019, Ch. 115, Sec. 124. (AB 1817) Effective January 1, 2020.)
  95. 8801.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The child’s birth parent or parents must personally choose the prospective adoptive parent or parents, cannot delegate that choice to an agent, and must base the choice on personal knowledge.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8801. (a) The selection of a prospective adoptive parent or parents shall be personally made by the child’s birth parent or parents and may not be delegated to an agent. The act of selection by the birth parent or parents shall be based upon personal knowledge of the prospective adoptive parent or parents. (b) “Personal knowledge” as used in this section includes, but is not limited to, substantially correct knowledge of all of the following regarding the prospective adoptive parents: their full legal names, ages, religion, race or ethnicity, length of current marriage and number of previous marriages, employment, whether other children or adults reside in their home, whether there are other children who do not reside in their home and the child support obligation for these children and any failure to meet these obligations, any health conditions curtailing their normal daily activities or reducing their normal life expectancies, any convictions for crimes other than minor traffic violations, any removals of children from their care due to child abuse or neglect, and their general area of residence or, upon request, their address. (Amended by Stats. 2019, Ch. 115, Sec. 125. (AB 1817) Effective January 1, 2020.)
  96. 8801.3.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section sets the steps and timing for an independent adoption placement agreement for an unmarried minor.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 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 their 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 their 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 the birth mother’s competency to sign is verified by the attending physician and surgeon before signing 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. (Amended by Stats. 2019, Ch. 115, Sec. 126. (AB 1817) Effective January 1, 2020.)
  97. 8801.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Birth parents placing a child for adoption must be advised of their rights, get a face-to-face meeting, and can request counseling and separate legal counsel, with the prospective adoptive parents paying those fees on request.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8801.5. (a) Each birth parent placing a child for adoption shall be advised of their rights by an adoption service provider. (b) The birth parent shall be advised of their rights in a face-to-face meeting in which the birth parent may ask questions and have questions answered, as provided by Section 8801.3. (c) The department shall prescribe the format and process for advising birth parents of their rights, the content of which shall include, but not be limited to, the following: (1) The alternatives to adoption. (2) The alternative types of adoption, including a description of the full procedures and timeframes involved in each type. (3) The full rights and responsibilities of the birth parent with respect to adoption, including the need to keep the department informed of the birth parent’s current address in case of a medical emergency requiring contact and of providing a full health history. (4) The right to separate legal counsel paid for by the prospective adoptive parents upon the request of the birth parent, as provided for by Section 8800. (5) The right to a minimum of three separate counseling sessions, each to be held on different days, to be paid for by the prospective adoptive parents upon the request of the birth parents, as provided for by subdivision (d). (d) Each person advised pursuant to this section shall be offered at least three separate counseling sessions, to be held on different days. Each counseling session shall be not less than 50 minutes in duration. The counseling may be provided by the adoption service provider who informs the birth parent of their rights, or by another adoption service provider, or by a licensed psychotherapist, as defined by Section 1010 of the Evidence Code, as elected by the person, and after having been informed of these choices. (e) The counselor owes a duty of care to the birth parent being counseled, similar to the duty of care established by a psychotherapist-patient relationship, regardless of who pays the fees of the counselor. A counselor shall not have a contractual relationship with the adoptive parents, an attorney for the adoptive parents, or any other individual or an organization performing any type of services for the adoptive parents and for which the adoptive parents are paying a fee, except as relates to payment of the birth parents’ fee. (f) The advisement and counseling fees shall be paid by the prospective adoptive parents at the request of the birth parent. (g) Failure to fulfill the duties specified in this section shall not be construed as a basis for setting aside the consent or the adoption, but may give rise to a cause of action for malpractice or negligence against those professionals or agencies serving as adoption service providers that are responsible for fulfilling the duties. (Amended by Stats. 2019, Ch. 115, Sec. 127. (AB 1817) Effective January 1, 2020.)
  98. 8801.7.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An adoption service provider must witness the placement agreement, interview the birth parent within 10 working days after placement, notify the agency if the interview does not happen or if there are placement concerns, help if consent is revoked, and avoid prohibited business relationships with prospective adoptive parents.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8801.7. (a) An adoption service provider shall also witness the signature of the adoption placement agreement and offer to interview the birth parent after the placement of the child with prospective adoptive parents. The interview shall occur within 10 working days after the placement of the child for adoption and shall include a consideration of any concerns or problems the birth parent has with the placement, a readvisement of the rights of the birth parent, and the taking of the health and social history of the birth parent, if not taken previously. (b) The adoption service provider shall immediately notify the department or delegated county adoption agency if the birth parent is not interviewed as provided in subdivision (a) or if there are any concerns regarding the placement. If the birth parent wishes to revoke the consent, the adoption service provider shall assist the birth parent in obtaining the return of the child. (c) The adoption service provider owes a very high duty of care to the birth parent being advised, regardless of who pays the provider’s fees. The duty of care specifically does not include a duty to investigate information provided by the birth parents, prospective adoptive parents, or their attorneys or agents. No adoption service provider shall have a contractual relationship with prospective adoptive parents, an attorney or representative for prospective adoptive parents, or any individual or organization providing services of any type to prospective adoptive parents for which the adoptive parents are paying a fee, except as relates to the payment of the fees for the advising and counseling of the birth parents. (d) This section shall become operative on January 1, 1995. (Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 9. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)
  99. 8802.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Certain adults listed in this section may file an adoption request in an authorized county, and the court clerk and petitioners have specific notice and filing duties during the adoption process.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8802. (a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5: (1) A person who is related to the child or the child’s half sibling by blood or affinity, including all relatives whose status is preceded by the words “step,” “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. (2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent. (3) A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition. (4) A person who has been the child’s legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated. (5) If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the child’s legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request. (6) A person named in a court order terminating parental rights as the child’s legal guardian or prospective adoptive parent. (b) The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken. (c) The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request. (d) The caption of the adoption request shall contain the names of the petitioners, but not the child’s name. The body of the adoption request shall state the child’s sex and date of birth and the name the child had before adoption. (e) If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending. (f) If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized. (g) The order of adoption shall contain the child’s adopted name and the name the child had before adoption. (Amended by Stats. 2023, Ch. 851, Sec. 8. (AB 1650) Effective January 1, 2024.)
  100. 8803.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    During an adoption proceeding, the child cannot be concealed from the investigating agency or court, and cannot be removed from the petitioner’s county of residence unless the court permits it after notice and, in some cases, a hearing.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8803. (a) During the pendency of an adoption proceeding: (1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption, or from the court with jurisdiction over the adoption proceeding. (2) The child shall not be removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the department or delegated county adoption agency responsible for the investigation of the proposed adoption. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the department or delegated county adoption agency. If the department or delegated county adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest. (b) This section does not apply in any of the following situations: (1) When the child is absent for a period of not more than 30 days from the county of the petitioner’s residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the child’s removal from the county of the petitioner’s residence at the time of placement, pending consideration of any of the following: (A) The suitability of the petitioners. (B) The care provided the child. (C) The availability of the legally required consents to the adoption. (2) Where the child has been returned to and remains in the custody and control of the child’s birth parent or parents. (c) A violation of this section is a violation of Section 280 of the Penal Code. (d) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law. (Amended by Stats. 2022, Ch. 159, Sec. 6. (AB 2495) Effective January 1, 2023.)
  101. 8804.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    When an adoption petition is withdrawn or dismissed, the court clerk must notify the department at Sacramento immediately, and the department or delegated county adoption agency must file a report and appear for the child in certain cases. The court may keep jurisdiction to make custody orders if that is in the child’s best interest. If required birth-parent consent is refused or revoked, the child is generally restored to the birth parent’s custody unless the court orders otherwise.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8804. (a) Whenever the petitioners move to withdraw the petition for the adoption or to dismiss the proceeding, the clerk of the court in which the proceeding is pending shall immediately notify the department at Sacramento of the action. The department or the delegated county adoption agency shall file a full report with the court recommending a suitable plan for the child in every case where the petitioners move to withdraw the petition for the adoption or where the department or delegated county adoption agency recommends that the petition for adoption be denied and shall appear before the court for the purpose of representing the child. (b) Notwithstanding the withdrawal or dismissal of the petition, the court may retain jurisdiction over the child for the purposes of making any order for the child’s custody that the court deems to be in the child’s best interest. (c) If a birth parent who did not place a child for adoption as specified in Section 8801.3 has refused to give the required consent, or a birth parent revokes consent as specified in Section 8814.5, the child shall be restored to the care and custody of the birth parent or parents, unless the court orders otherwise, subject to Section 3041. (Amended by Stats. 2014, Ch. 763, Sec. 11. (AB 1701) Effective January 1, 2015.)
  102. 8805.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If certain adoption-hearing conditions are met, the court must commit the child to the department or delegated county adoption agency, and in some counties the county welfare department must act as the department’s agent and provide care.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8805. At the hearing, if the court sustains the recommendation of the department or delegated county adoption agency that the child be removed from the home of the petitioners because the department or agency recommends denial or if the petitioners move to withdraw the petition or if the court dismisses the petition and does not return the child to the birth parents, the court shall commit the child to the care of the department or delegated county adoption agency, whichever made the recommendation, for the department or agency to arrange adoptive placement or to make a suitable plan. In those counties not served by a delegated county adoption agency, the county welfare department shall act as the agent of the department and shall provide care for the child in accordance with rules and regulations established by the department. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  103. 8806.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department or delegated county adoption agency must accept the birth parents’ consent and, before filing its report with the court, determine whether the child is adoptable and the proposed home is suitable.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8806. The department or delegated county adoption agency shall accept the consent of the birth parents to the adoption of the child by the petitioners and, before filing its report with the court, shall ascertain whether the child is a proper subject for adoption and whether the proposed home is suitable for the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  104. 8807.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section requires adoption agencies to investigate an independent adoption, file a report with the court, and in some cases review and endorse a home study or ask petitioners for more information.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8807. (a) Except as provided in subdivisions (b) and (c), within 180 days after receiving 50 percent of the fee, the department or delegated county adoption agency shall investigate the proposed independent adoption and, after the remaining balance of the fee is paid, submit to the court a full report of the facts disclosed by its inquiry with a recommendation regarding the granting of the petition. If the petitioners have a valid preplacement evaluation or a valid private agency adoption home study, as described in paragraph (2) of subdivision (a) of Section 8810, and no new information has been discovered and no new event has occurred subsequent to the approval of the evaluation or home study that creates a reasonable belief that further investigation is necessary, the department or delegated county adoption agency may elect not to reinvestigate any matters covered in the evaluation or home study, except that the department shall complete all background clearances required by law. (b) If the investigation establishes that there is a serious question concerning the suitability of the petitioners, the care provided to the child, or the availability of the consent to adoption, the report shall be filed immediately. (c) In its discretion, the court may allow additional time for the filing of the report, after at least five days’ notice to the petitioner or petitioners and an opportunity for the petitioner or petitioners to be heard with respect to the request for additional time. (d) If a petitioner is a resident of a state other than California, an updated and current home study report, conducted and approved by a licensed adoption agency or other authorized resource in the state in which the petitioner resides, shall be reviewed and endorsed by the department or delegated county adoption agency, if the standards and criteria established for a home study report in the other state are substantially commensurate with the home study standards and criteria established in California adoption regulations. If the home study report is not substantially commensurate with California standards or is otherwise missing required information, petitioners shall be responsible for providing any additional documentation or information necessary for the department or the delegated county adoption agency to complete the independent adoption investigation. (Amended by Stats. 2025, Ch. 757, Sec. 2. (SB 450) Effective January 1, 2026.)
  105. 8808.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The adoption agency must interview the petitioners and other required-consent persons, and the petitioners must provide filing materials and contact details within five business days of filing the petition.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8808. (a) The department or delegated county adoption agency shall interview the petitioners within 45 working days, excluding legal holidays, after the department or delegated county adoption agency receives 50 percent of the investigation fee together with a stamped file copy of the adoption petition. (b) The department or delegated county adoption agency shall interview all persons from whom consent is required and whose addresses are known. The interview with the placing parent or parents shall include, but not be limited to, discussion of any concerns or problems that the parent has with the placement and, if the placing parent was not interviewed as provided in Section 8801.7, the content required in that interview. At the interview, the agency shall give the parent an opportunity to sign either a statement revoking the consent, or a waiver of the right to revoke consent, as provided in Section 8814.5, unless the parent has already signed a waiver or the time period allowed to revoke consent has expired. (c) In order to facilitate the interview described in this section, within five business days of filing the petition, the petitioners shall provide the department or delegated county adoption agency a stamped file copy of the petition together with 50 percent of the fee, a copy of any valid preplacement evaluation or any valid private agency adoption home study, as described in paragraph (2) of subdivision (a) of Section 8810, and the names, addresses, and telephone numbers of all parties to be interviewed, if known. (Amended by Stats. 2014, Ch. 763, Sec. 13. (AB 1701) Effective January 1, 2015.)
  106. 8810.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In independent adoption petitions, the petitioner must pay a nonrefundable investigation fee, with part due at filing and the rest due by a date set by the department or county agency.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8810. (a) Except as otherwise provided in this section, whenever a petition is filed under this chapter for the adoption of a child, the petitioner shall pay a nonrefundable fee to the department or to the delegated county adoption agency for the cost of investigating the adoption petition. Fifty percent of the payment shall be made to the department or delegated county adoption agency at the time the adoption petition is filed, and the remaining balance shall be paid no later than the date determined by the department or the delegated county adoption agency in an amount as follows: (1) For petitions filed on and after October 1, 2008, four thousand five hundred dollars ($4,500). (2) For petitioners who have a valid preplacement evaluation less than one year old pursuant to Section 8811.5, or a valid private agency adoption home study less than two years old at the time of filing a petition, one thousand five hundred fifty dollars ($1,550) for a postplacement evaluation pursuant to Sections 8806 and 8807. (b) Revenues produced by fees collected by the department pursuant to subdivision (a) shall be used, when appropriated by the Legislature, to fund only the direct costs associated with the state program for independent adoptions. Revenues produced by fees collected by the delegated county adoption agency pursuant to subdivision (a) shall be used by the county to fund the county program for independent adoptions. (c) The department or delegated county adoption agency may reduce the fee to no less than five hundred dollars ($500) when the prospective adoptive parents are lower income, according to the income limits published by the Department of Housing and Community Development, and when making the required payment would be detrimental to the welfare of an adopted child. The department shall develop additional guidelines regarding income and assets to determine the financial criteria for reduction of the fee under this subdivision. (Amended by Stats. 2013, Ch. 743, Sec. 3. (AB 848) Effective January 1, 2014.)
  107. 8811.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Adoption agencies must fingerprint adoption petitioners, check criminal records, and refuse final approval in certain homes with specified felony convictions; the petitioner generally pays the fingerprinting or record-check fee.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8811. (a) The department or delegated county adoption agency shall require each person who files an adoption petition to be fingerprinted and shall secure from an appropriate law enforcement agency any criminal record of that person to determine if the person has ever been convicted of a crime other than a minor traffic violation. The department or delegated county adoption agency may also secure the person’s full criminal record, if any, with the exception of any convictions for which relief has been granted pursuant to Section 1203.49 of the Penal Code. Any federal-level criminal offender record requests to the Department of Justice shall be submitted with fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and content of a record of an out-of-state or federal conviction or arrest of a person or information regarding any out-of-state or federal crimes or arrests for which the Department of Justice establishes that the person is free on bail, or on their own recognizance pending trial or appeal. The Department of Justice shall forward to the Federal Bureau of Investigation any requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and shall compile and disseminate a response to the department or delegated county adoption agency. (b) Notwithstanding subdivision (c), the criminal record, if any, shall be taken into consideration when evaluating the prospective adoptive parent, and an assessment of the effects of any criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court. (c) (1) The department or a delegated county adoption agency shall not give final approval for an adoptive placement in any home in which the prospective adoptive parent or any adult living in the prospective adoptive home has either of the following: (A) A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subdivision, crimes involving violence means those violent crimes contained in clause (i) of subparagraph (A), and subparagraph (B), of paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code. (B) A felony conviction that occurred within the last five years for physical assault, battery, or a drug- or alcohol-related offense. (2) This subdivision shall become operative on October 1, 2008, and shall remain operative only to the extent that compliance with its provisions is required by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.). (d) A fee charged by a law enforcement agency for fingerprinting or for checking or obtaining the criminal record of the petitioner shall be paid by the petitioner. The department or delegated county adoption agency may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parents detrimental to the welfare of the adopted child, if the child has been in the foster care of the prospective adoptive parents for at least one year, or if necessary for the placement of a special-needs child. (Amended by Stats. 2019, Ch. 115, Sec. 128. (AB 1817) Effective January 1, 2020.)
  108. 8811.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An adoption agency may certify prospective adoptive parents through a preplacement evaluation, and that evaluation must include an investigation and be completed within one year before the adoption placement agreement is signed.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8811.5. (a) A licensed private or public adoption agency of the state of the petitioners’ residency may certify prospective adoptive parents by a preplacement evaluation that contains a finding that an individual is suited to be an adoptive parent. (b) The preplacement evaluation shall include an investigation pursuant to standards included in the regulations governing independent adoption investigations established by the department. Fees for the investigation shall be commensurate with those fees charged for a comparable investigation conducted by the department or by a delegated licensed county adoption agency. (c) The preplacement evaluation, whether it is conducted for the purpose of initially certifying prospective adoptive parents or for renewing that certification, shall be completed no more than one year prior to the signing of an adoption placement agreement. The cost for renewal of that certification shall be in proportion to the extent of the work required to prepare the renewal that is attributable to changes in family circumstances. (Amended by Stats. 2004, Ch. 128, Sec. 1. Effective January 1, 2005.)
  109. 8812.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Birth-parent requests for payment must be in writing, receipts must be given for money provided, and prospective adoptive parents must give those receipts to the court with the Section 8610 accounting report.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8812. Any request by a birth parent or birth parents for payment by the prospective adoptive parents of attorney’s fees, medical fees and expenses, counseling fees, or living expenses of the birth mother shall be in writing. The birth parent or parents shall, by first-class mail or other agreed upon means to ensure receipt, provide the prospective adoptive parents written receipts for any money provided to the birth parent or birth parents. The prospective adoptive parents shall provide the receipts to the court when the accounting report required pursuant to Section 8610 is filed. (Added by Stats. 1993, Ch. 450, Sec. 3. Effective January 1, 1994.)
  110. 8813.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The adoption agency must tell the birth parent, in writing and verbally, that the birth parent may later request information about the child’s adoption status, but not personal identifying information about the adoptive family.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 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. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  111. 8814.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In an independent adoption, the birth parent or parents who did not place the child for adoption must sign the consent in the presence of a department or county adoption agency agent and file it with the superior court clerk, subject to stated exceptions.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8814. (a) Except as provided in Section 7662, the consent of the birth parent or parents who did not place the child for adoption, as described in Section 8801.3, to the adoption shall be signed in the presence of an agent of the department or of a delegated county adoption agency on a form prescribed by the department. The consent shall be filed with the clerk of the appropriate superior court. (b) The consent described in subdivision (a), when reciting that the person giving it is entitled to the sole custody of the child and when acknowledged before that agent, is prima facie evidence of the right of the person making it to the sole custody of the child and that person’s sole right to consent. (c) If the birth parent described in subdivision (a) is located outside this state for an extended period of time unrelated to the adoption at the time of signing the consent, the consent may be signed before a notary or other person authorized to perform notarial acts, and in that case the consent of the department or of the delegated county adoption agency is also necessary. (d) A birth parent who is a minor has the right to sign a consent for the adoption of the birth parent’s child and the consent is not subject to revocation by the birth parent by reason of minority, or because the parent or guardian of the consenting minor parent was not served with notice that the minor parent consented to the adoption, unless the minor parent has previously provided written authorization to serve the minor parent’s parent or guardian with that notice. (Amended by Stats. 2019, Ch. 115, Sec. 129. (AB 1817) Effective January 1, 2020.)
  112. 8814.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After an adoption consent is signed, the birth parent or parents have 30 days to revoke it, waive the right to revoke, or let it become permanent.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 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 any of the following: (i) A representative of the department or delegated county adoption agency. (ii) A judicial officer of a court of record if the birth parent is represented by independent legal counsel. (iii) An adoption service provider, including, but not limited to, the adoption service provider who advised the birth mother and witnessed the signing of the consent, if the birth parent or parents are represented by independent legal counsel. The adoption service provider shall ensure that the waiver is delivered to the department, the petitioners, or their counsel no earlier than the end of the business day following the signing of the waiver. The adoption service provider shall inform the birth parent that during this time period the birth parent may request that the waiver be withdrawn and that, if that request is made, the waiver shall be withdrawn. (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, except when the interview is conducted by independent legal counsel for 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 or an adoption service provider as specified in this section. If the waiver is signed in the presence of a judicial officer, the interview and the witnessing of the signing of the waiver shall be conducted by the judicial officer. If the waiver is signed in the presence of an adoption service provider, the interview shall be conducted by the independent legal counsel for the birth parent or parents. If the waiver is to be signed in the presence of an adoption service provider, prior to the waiver being signed the waiver shall be reviewed by the independent legal counsel who (i) counsels the birth parent or parents about the nature of the intended waiver and (ii) signs and delivers to the birth parent or parents and the department a certificate in substantially the following form: I, (name of attorney), have counseled my client, (name of client), on the nature and legal effect of the waiver of right to revoke consent to adoption. I am so disassociated from the interest of the petitioner(s)/prospective adoptive parent(s) as to be in a position to advise my client impartially and confidentially as to the consequences of the waiver. (Name of client) is aware that California law provides for a 30-day period during which a birth parent may revoke consent to adoption. On the basis of this counsel, I conclude that it is the intent of (name of client) to waive the right to revoke, and make a permanent and irrevocable consent to adoption. (Name of client) understands that they will not be able to regain custody of the child unless the petitioner(s)/prospective adoptive parent(s) agree(s) to withdraw their petition for adoption or the court denies the adoption petition. (D) Within 10 working days of a request made after the department or the delegated county adoption agency has received a copy of the petition for the adoption and the names and addresses of the persons to be interviewed, the department or the delegated county adoption agency shall interview, at the department or agency office, any birth parent requesting to be interviewed. (E) Notwithstanding subparagraphs (A) and (C), 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. (Amended by Stats. 2019, Ch. 115, Sec. 130. (AB 1817) Effective January 1, 2020.)
  113. 8815.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    After revocable consent becomes permanent, it cannot be withdrawn. Before it becomes permanent, birth parent(s) may ask for the child’s return, and the child must be returned immediately unless a court orders otherwise.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8815. (a) Once the revocable consent to adoption has become permanent as provided in Section 8814.5, the consent to the adoption by the prospective adoptive parents may not be withdrawn. (b) Before the time when the revocable consent becomes permanent as provided in Section 8814.5, the birth parent or parents may request return of the child. In that case the child shall immediately be returned to the requesting birth parent or parents, unless a court orders otherwise. (c) If the person or persons with whom the child has been placed have concerns that the birth parent or parents requesting return of the child are unfit or present a danger of harm to the child, that person or those persons may report their concerns to the appropriate child welfare agency. These concerns shall not be a basis for failure to immediately return the child, unless a court orders otherwise. (Amended by Stats. 2014, Ch. 763, Sec. 15. (AB 1701) Effective January 1, 2015.)
  114. 8816.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In certain independent adoptions, the department or delegated county adoption agency must file its consent with the court clerk before the petition hearing, and it cannot give consent unless the child’s welfare will be promoted.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8816. In an independent adoption where the consent of the birth parent or parents is not necessary, the department or delegated county adoption agency shall, before the hearing of the petition, file its consent to the adoption with the clerk of the court in which the petition is filed. The consent may not be given unless the child’s welfare will be promoted by the adoption. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  115. 8817.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section requires adoption-related medical background reporting, lets biological parents provide a blood sample, and sets rules for storage, confidentiality, and a capped fee.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8817. (a) A written report on the child’s medical background, and if available, the medical background of the child’s biological parents so far as ascertainable, shall be made by the department or delegated county adoption agency as part of the study required by Section 8806. (b) The report on the child’s background shall contain all known diagnostic information, including current medical reports on the child, psychological evaluations, and scholastic information, as well as all known information regarding the child’s developmental history and family life. (c) The report shall be submitted to the prospective adoptive parents who shall acknowledge its receipt in writing. (d) (1) The biological parents may provide a blood sample at a clinic or hospital approved by the State Department of Health Services. The biological parents’ failure to provide a blood sample shall not affect the adoption of the child. (2) The blood sample shall be stored at a laboratory under contract with the State Department of Health Services for a period of 30 years following the adoption of the child. (3) The purpose of the stored sample of blood is to provide a blood sample from which DNA testing can be done at a later date after entry of the order of adoption at the request of the adoptive parents or the adopted child. The cost of drawing and storing the blood samples shall be paid for by a separate fee in addition to the fee required under Section 8810. The amount of this additional fee shall be based on the cost of drawing and storing the blood samples but at no time shall the additional fee be more than one hundred dollars ($100). (e) (1) The blood sample shall be stored and released in such a manner as to not identify any party to the adoption. (2) Any results of the DNA testing shall be stored and released in such a manner as to not identify any party to the adoption. (Amended by Stats. 1996, Ch. 1053, Sec. 2. Effective January 1, 1997.)
  116. 8818.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must adopt a statement and a form for adoption consent, and the consent file is generally closed to inspection except for the parties, their attorneys, the department, or by superior court order.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8818. (a) The department shall adopt a statement to be presented to the birth parents at the time the consent to adoption 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 parent 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 parents keep the department 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 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 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. (5) The consent 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 consent to adoption 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.” (Amended by Stats. 2002, Ch. 784, Sec. 113. Effective January 1, 2003.)
  117. 8819.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a birth parent’s parental rights have been terminated and the address is known, the department or delegated county adoption agency must send the birth parent a written notice with the stated message.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8819. When the parental rights of a birth parent are terminated pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 or Part 4 (commencing with Section 7800) of Division 12, the department or delegated county adoption agency shall send a written notice to the birth parent, if the birth parent’s address is known, that contains the following statement: “You are encouraged to keep the department or this agency informed of your current address in order to permit a response to any inquiry concerning medical or social history made by or on behalf of the child who was the subject of the court action terminating parental rights.” (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  118. 8820.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets the birth parent or parents, or the petitioner, appeal specified adoption-agency refusals. The appeal must be filed in the court where the adoption petition is pending, and the agency must file a report within 10 days after notice. After that report, the court may allow consent to be signed in open court or may grant the petition without the agency’s consent if it finds the adoption would promote the child’s welfare.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 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 paying 50 percent of the fee, 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 after full payment has been received. (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. (d) This section shall become operative on October 1, 2008. (Repealed (in Sec. 13) and added by Stats. 2008, Ch. 759, Sec. 14. Effective September 30, 2008. Section operative October 1, 2008, by its own provisions.)
  119. 8821.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the department or a delegated county adoption agency submits a report or findings to the court, a copy must be given to the petitioner’s attorney if one is on record, or otherwise to the petitioner.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8821. When any report or findings are submitted to the court by the department or a delegated county adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or to the petitioner. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  120. 8822.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the agency report recommends denial or the petition is withdrawn and denial is recommended, the clerk must send the report to court; the court must set a hearing and notify the listed parties; the agency must appear for the child.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8822. (a) If the findings of the department or delegated county adoption agency are that the home of the petitioners is not suitable for the child or that the required consents are not available and the department or agency recommends that the petition be denied, or if the petitioners desire to withdraw the petition and the department or agency recommends that the petition be denied, the clerk upon receipt of the report of the department or agency shall immediately refer it to the court for review. (b) Upon receipt of the report, the court shall set a date for a hearing of the petition and shall give reasonable notice of the hearing to the department or delegated county adoption agency, the petitioners, and the birth parents by certified mail, return receipt requested, to the address of each as shown in the proceeding. (c) The department or delegated county adoption agency shall appear to represent the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  121. 8823.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Prospective adoptive parents and the child proposed to be adopted must appear before the court under Sections 8612 and 8613.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Independent Adoptions [8800 - 8823] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8823. The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  122. 8900.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Intercountry adoption services under this chapter may be provided only by private adoption agencies licensed by the department, and covered agencies must meet accreditation or supervision requirements.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8900. (a) Intercountry adoption services described in this chapter shall be exclusively provided by private adoption agencies licensed by the department specifically to provide these services. As a condition of licensure to provide intercountry adoption services, any private full-service adoption agency and any noncustodial adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations. (b) A private full-service adoption agency or a noncustodial adoption agency, when acting as the primary provider and using a supervised provider, shall ensure that each supervised provider operates under a written agreement with the primary provider pursuant to subdivision (b) of Section 96.45 of Title 22 of the Code of Federal Regulations. (c) The primary provider shall provide to the department a copy of the written agreement with each supervised provider containing all provisions required pursuant to subdivision (b) of Section 96.45 of Title 22 of the Code of Federal Regulations. (Amended by Stats. 2007, Ch. 583, Sec. 5. Effective January 1, 2008.)
  123. 8900.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines key terms used in intercountry adoption rules, including accredited agency, adoption service, convention, convention country, primary provider, and related certificates and authorities.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8900.5. As used in this chapter: (a) “Accredited agency” means an agency that has been accredited by an accrediting entity, in accordance with the standards in Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations, to provide adoption services in the United States in cases subject to the convention. Accredited agency does not include a temporarily accredited agency. (b) “Adoption service” means any of the following services: (1) Identifying a child for adoption and arranging an adoption. (2) Securing the necessary consent to termination of parental rights and to adoption. (3) Performing a background study on a child or a home study on any prospective adoptive parent, and reporting on the study. (4) Making nonjudicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child. (5) Monitoring a case after a child has been placed with any prospective adoptive parent until final adoption. (6) If necessary because of a disruption before final adoption, assuming custody and providing or facilitating child care or any other social service pending an alternative placement. (c) “Central authority” means the entity designated under paragraph (1) of Article 6 of the convention by a convention country. The United States Department of State is designated as the United States Central Authority pursuant to the federal Intercountry Adoption Act of 2000 (42 U.S.C. Sec. 14911). (d) “Convention” means the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May 29, 1993. (e) “Convention adoption” means the adoption of a child resident in a convention country by a United States citizen, or an adoption of a child resident in the United States by an individual or individuals residing in a convention country, if, in connection with the adoption, the child has moved or will move between the United States and the convention country. (f) “Convention country” means a country that is party to the convention and with which the convention is in force for the United States. (g) “Exempted provider” means a social work professional or organization that performs a home study on any prospective adoptive parent, or a child background study, or both, in the United States in connection with a convention adoption, and who is not currently providing and has not previously provided any other adoption service in the case. (h) “Hague adoption certificate” means a certificate issued by the secretary in an outgoing case (where the child is emigrating from the United States to another convention country) certifying that a child has been adopted in the United States in accordance with the convention and, except as provided in subdivision (b) of Section 97.4 of Title 22 of the Code of Federal Regulations, the Intercountry Adoption Act of 2000 (42 U.S.C. Sec. 14901 et seq.; the IAA). (i) “Hague custody declaration” means a declaration issued by the secretary in an outgoing case (where the child is emigrating from the United States to another convention country) declaring that custody of a child for purposes of adoption has been granted in the United States in accordance with the convention and, except as provided in subdivision (b) of Section 97.4 of Title 22 of the Code of Federal Regulations, the IAA. (j) “Legal service” means any service, other than those defined in this section as an adoption service, that relates to the provision of legal advice and information or to the drafting of legal instruments. Legal service includes, but is not limited to, any of the following services: (1) Drafting contracts, powers of attorney, and other legal instruments. (2) Providing advice and counsel to an adoptive parent on completing forms for the State Department of Health Care Services or the United States Department of State. (3) Providing advice and counsel to accredited agencies, temporarily accredited agencies, approved persons, or prospective adoptive parents on how to comply with the convention, the IAA, and any regulations implementing the IAA. (k) “Primary provider” means the accredited agency that is identified pursuant to Section 96.14 of Title 22 of the Code of Federal Regulations as responsible for ensuring that all adoption services are provided and responsible for supervising any supervised providers when used. (l) “Public domestic authority” means an authority operated by a state, local, or tribal government. (m) “Secretary” means the United States Secretary of State, and includes any official of the United States Department of State exercising the authority of the Secretary of State under the convention, the IAA, or any regulations implementing the IAA, pursuant to a delegation of authority. (n) “Supervised provider” means any agency, person, or other nongovernmental entity that is providing any adoption service in a convention adoption under the supervision and responsibility of an accredited agency that is acting as the primary provider in the case. (Added by Stats. 2007, Ch. 583, Sec. 6. Effective January 1, 2008.)
  124. 8901.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The department must adopt regulations for the intercountry adoption program.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8901. The department shall adopt regulations to administer the intercountry adoption program. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  125. 8902.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A licensed adoption agency must provide specified services for intercountry adoptions that will be finalized in this state.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8902. For intercountry adoptions that will be finalized in this state, the licensed adoption agency shall provide all of the following services: (a) Assessment of the suitability of the applicant’s home. (b) Placement of the foreign-born child in an approved home. (c) Postplacement supervision. (d) Submission to the court of a report on the intercountry adoptive placement with a recommendation regarding the granting of the petition. (e) Services to applicants seeking to adopt related children living in foreign countries. The Legislature recognizes that these children have an impelling need for adoptive placement with their relatives. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  126. 8903.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    For intercountry adoptions finalized in this state, the licensed adoption agency must assume responsibility for the child, unless the child’s native country has required and granted full guardianship to the prospective adoptive parents.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8903. (a) For each intercountry adoption finalized in this state, the licensed adoption agency shall assume all responsibilities for the child including care, custody, and control as if the child had been relinquished for adoption in this state from the time the child left the child’s native country. (b) Notwithstanding subdivision (a), if the child’s native country requires and has given full guardianship to the prospective adoptive parents, the prospective adoptive parents shall assume all responsibilities for the child including care, custody, control, and financial support. (c) If the licensed adoption agency or prospective adoptive parents fail to meet the responsibilities under subdivision (a) or (b) and the child becomes a dependent of the court pursuant to Section 300 of the Welfare and Institutions Code, the state shall assume responsibility for the cost of care for the child. When the child becomes a dependent of the court and if, for any reason, is ineligible for AFDC under Section 14005.1 of the Welfare and Institutions Code and loses Medi-Cal eligibility, the child shall be deemed eligible for Medi-Cal under Section 14005.4 of the Welfare and Institutions Code and the State Director of Health Services has authority to provide payment for the medical services to the child that are necessary to meet the child’s needs. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  127. 8904.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A licensed adoption agency must provide specified services for an intercountry adoption finalized in a foreign country.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services: (a) Assessment of the suitability of the applicant’s home. (b) Certification to the United States Citizenship and Immigration Services that this state’s intercountry adoption requirements have been met. (c) Readoption services as required by the United States Citizenship and Immigration Services. (d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid. (Amended by Stats. 2019, Ch. 805, Sec. 1. (AB 677) Effective January 1, 2020.)
  128. 8905.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Licensed adoption agencies may work only with domestic or foreign adoption agencies if they have written agreements that spell out each side’s responsibilities.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8905. Licensed adoption agencies may work only with domestic and foreign adoption agencies with whom they have written agreements that specify the responsibilities of each. The agreements may not violate any statute or regulation of the United States or of this state. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  129. 8906.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A licensed adoption agency may enter an agreement with prospective adoptive parents to share or transfer financial responsibility for the child.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8906. Nothing in this chapter may be construed to prohibit the licensed adoption agency from entering into an agreement with the prospective adoptive parents to share or transfer financial responsibility for the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  130. 8907.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A licensed adoption agency must fund chapter-related program costs through fees for required services, and its fee schedule must be approved by the department when first set and whenever changed.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8907. The costs incurred by a licensed adoption agency pursuant to programs established by this chapter shall be funded by fees charged by the agency for services required by this chapter. The agency’s fee schedule is required to be approved by the department initially and whenever it is altered. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  131. 8908.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Licensed adoption agencies must fingerprint adoption applicants, check criminal records, and cannot give final approval for placements in homes with certain felony convictions.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8908. (a) A licensed adoption agency shall require each person filing an application for adoption to be fingerprinted and shall secure from an appropriate law enforcement agency any criminal record of that person to determine if the person has ever been convicted of a crime other than a minor traffic violation. The licensed adoption agency may also secure the person’s full criminal record, if any, with the exception of any convictions for which relief has been granted pursuant to Section 1203.49 of the Penal Code. Any federal-level criminal offender record requests to the Department of Justice shall be submitted with fingerprint images and related information required by the Department of Justice for the purposes of obtaining information as to the existence and content of a record of an out-of-state or federal conviction or arrest of a person or information regarding any out-of-state or federal crimes or arrests for which the Department of Justice establishes that the person is free on bail, or on their own recognizance pending trial or appeal. The Department of Justice shall forward to the Federal Bureau of Investigation any requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and shall compile and disseminate a fitness determination to the licensed adoption agency. (b) Notwithstanding subdivision (c), the criminal record, if any, shall be taken into consideration when evaluating the prospective adoptive parent, and an assessment of the effects of any criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court. (c) (1) A licensed adoption agency shall not give final approval for an adoptive placement in any home in which the prospective adoptive parent, or any adult living in the prospective adoptive home, has a felony conviction for either of the following: (A) A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subdivision, crimes involving violence means those violent crimes contained in clause (i) of subparagraph (A), and subparagraph (B), of paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code. (B) A felony conviction that occurred within the last five years for physical assault, battery, or a drug- or alcohol-related offense. (2) This subdivision shall become operative on October 1, 2008, and shall remain operative only to the extent that compliance with its provisions is required by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.). (d) Any fee charged by a law enforcement agency for fingerprinting or for checking or obtaining the criminal record of the applicant shall be paid by the applicant. The licensed adoption agency may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parents detrimental to the welfare of the adopted child. (Amended by Stats. 2019, Ch. 115, Sec. 131. (AB 1817) Effective January 1, 2020.)
  132. 8909.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    An agency cannot place a child for adoption unless the child’s medical-background report has been given to the prospective adoptive parents and they have acknowledged it in writing.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8909. (a) An agency may not place a child for adoption unless a written report on the child’s medical background and, if available, the medical background of the child’s biological parents so far as ascertainable, has been submitted to the prospective adoptive parents and they have acknowledged in writing the receipt of the report. (b) The report on the child’s background shall contain all known diagnostic information, including current medical reports on the child, psychological evaluations, and scholastic information, as well as all known information regarding the child’s developmental history and family life. (c) (1) The biological parents may provide a blood sample at a clinic or hospital approved by the State Department of Health Services. The biological parents’ failure to provide a blood sample shall not affect the adoption of the child. (2) The blood sample shall be stored at a laboratory under contract with the State Department of Health Services for a period of 30 years following the adoption of the child. (3) The purpose of the stored sample of blood is to provide a blood sample from which DNA testing can be done at a later date after entry of the order of adoption at the request of the adoptive parents or the adopted child. The cost of drawing and storing the blood samples shall be paid for by a separate fee in addition to any fee required under Section 8907. The amount of this additional fee shall be based on the cost of drawing and storing the blood samples but at no time shall the additional fee be more than one hundred dollars ($100). (d) (1) The blood sample shall be stored and released in such a manner as to not identify any party to the adoption. (2) Any results of the DNA testing shall be stored and released in such a manner as to not identify any party to the adoption. (Amended by Stats. 1996, Ch. 1053, Sec. 3. Effective January 1, 1997.)
  133. 8910.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    During an adoption proceeding, a child generally cannot be concealed or moved out of the relevant county without the required notice, consent, and sometimes court permission.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8910. (a) In no event may a child who has been placed for adoption be removed from the county in which the child was placed, by any person who has not petitioned to adopt the child, without first obtaining the written consent of the licensed adoption agency responsible for the child. (b) During the pendency of an adoption proceeding: (1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption or from the court with jurisdiction over the adoption proceeding. (2) The child shall not be removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the licensed adoption agency responsible for the child. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the licensed adoption agency responsible for the child. If the licensed adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest. (c) This section does not apply in any of the following situations: (1) When the child is absent for a period of not more than 30 days from the county of the petitioner’s residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the removal of the child from the county of the petitioner’s residence at the time of placement, pending consideration of any of the following: (A) The suitability of the petitioners. (B) The care provided the child. (C) The availability of the legally required agency consents to the adoption. (2) Where the child has been returned to and remains in the custody and control of the child’s birth parent or parents. (3) Where written consent for the removal of the child is obtained from the licensed adoption agency responsible for the child. (d) A violation of this section is a violation of Section 280 of the Penal Code. (e) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law. (Amended by Stats. 2022, Ch. 159, Sec. 7. (AB 2495) Effective January 1, 2023.)
  134. 8911.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Prospective adoptive parents must file a petition to adopt the child under Section 8912 within 30 days after placement.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8911. As a condition of placement, the prospective adoptive parents shall file a petition to adopt the child under Section 8912 within 30 days of placement. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  135. 8912.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section lets a California resident file an international adoption or readoption request in a county authorized by Section 8609.5, and it requires certain filings and notices with the court.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8912. (a) An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken. (b) The caption of the adoption request shall contain the names of the petitioners, but not the child’s name. The request shall state the child’s sex, date of birth, and the name the child had before adoption. (c) If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding. (d) The order of adoption shall contain the child’s adopted name and the name the child had before adoption. (e) If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized. (Amended by Stats. 2023, Ch. 851, Sec. 9. (AB 1650) Effective January 1, 2024.)
  136. 8913.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The prospective adoptive parents and the child proposed to be adopted must appear before the court under Sections 8612 and 8613.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8913. The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  137. 8914.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a licensed adoption agency joins or becomes a party to an adoption petition, it must file a full report of the case facts with the court. The department may also file a report.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8914. If the licensed adoption agency is a party to or joins in the adoption petition, it shall submit a full report of the facts of the case to the court. The department may also submit a report. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  138. 8915.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If a licensed adoption agency submits a report or findings to the court, it must give a copy to the petitioner’s attorney if there is one, otherwise to the petitioner.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8915. When any report or findings are submitted to the court by a licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or to the petitioner. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  139. 8916.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If petitioners withdraw or seek dismissal of an adoption petition, the court clerk must immediately notify the Department at Sacramento, and the licensed adoption agency must file a report and represent the child. The court may still keep jurisdiction to make custody orders in the child’s best interest.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8916. (a) If the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the department at Sacramento of the action. The licensed adoption agency shall file a full report with the court recommending a suitable plan for the child in every case where the petitioners desire to withdraw the adoption petition or where the licensed adoption agency recommends that the adoption petition be denied and shall appear before the court for the purpose of representing the child. (b) Notwithstanding the petitioners’ withdrawal or dismissal, the court may retain jurisdiction over the child for the purpose of making any order for the child’s custody that the court deems to be in the child’s best interest. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  140. 8917.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the adoption agency recommends denial, the clerk must send the report to court, the court must set a hearing and give notice, and the agency must appear for the child.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8917. (a) If the licensed adoption agency finds that the home of the petitioners is not suitable for the child or that the required agency consents are not available and the agency recommends that the petition be denied, or if the petitioners desire to withdraw the petition and the agency recommends that the petition be denied, the clerk upon receipt of the report of the licensed adoption agency shall immediately refer it to the court for review. (b) Upon receipt of the report, the court shall set a date for a hearing of the petition and shall give reasonable notice of the hearing to the licensed adoption agency and the petitioners by certified mail, return receipt requested, to the address of each as shown in the proceeding. (c) The licensed adoption agency shall appear to represent the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  141. 8918.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    If the court sustains removal of the child in the specified hearing circumstances, it must commit the child to a licensed adoption agency.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8918. At the hearing, if the court sustains the recommendation that the child be removed from the home of the petitioners because the licensed adoption agency has recommended denial or the petitioners desire to withdraw the petition or the court dismisses the petition and does not return the child to the child’s parents, the court shall commit the child to the care of the licensed adoption agency for the agency to arrange adoptive placement or to make a suitable plan. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  142. 8919.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section requires a resident who finalized an intercountry adoption abroad to file a readoption petition on time and include listed documents, and it sets follow-up duties for the court, clerk, State Registrar, and adoption agency.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8919. (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, a state resident who has finalized an intercountry adoption in a foreign country shall file the petition to readopt within the earlier of 60 days of the adoptee’s entry into the United States or the adoptee’s 16th birthday. The petition shall include all of the following: (1) A certified or otherwise official copy of the foreign decree, order, or certification of adoption that reflects finalization of the adoption in the foreign country. (2) A certified or otherwise official copy of the child’s foreign birth certificate. (3) A certified translation of all documents described in this subdivision that are not written in English. The court shall accept the certified translation, if any, that was completed abroad for purposes of obtaining the child’s visa or passport. (4) Proof that the child was granted lawful entry into the United States as an immediate relative of the adoptive parent or parents. (5) A report from at least one postplacement home visit by an intercountry adoption agency or a contractor of that agency licensed to provide intercountry adoption services in the State of California. (6) A copy of the home study report previously completed for the international finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. (b) A readoption order shall not be granted unless the court receives a copy of the reports listed in paragraphs (5) and (6) of subdivision (a). The court shall consider the postplacement visit or visits and the previously completed home study when deciding whether to grant or deny the petition for readoption. (c) If an adoptive parent who has adopted a child through an intercountry adoption that is finalized in a foreign country fails to file a petition pursuant to this section by the earlier of 60 days of the child’s entry into the United States or the child’s 16th birthday or fails to provide a copy of the petition to each adoption agency that provided the adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the child’s entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed. (d) If the court finds that the child may be the subject of human trafficking or may be a child who is described in Section 300 of the Welfare and Institutions Code, the court shall, in accordance with existing law, notify all appropriate authorities. (e) Within 10 business days, the clerk of the court shall submit to the State Registrar the order granting the petition to readopt. Upon receipt, the State Registrar shall issue a delayed registration of birth in accordance with Section 102695 of the Health and Safety Code that lists the adoptive parent or parents as the child’s legal parent or parents. (f) A state resident who has adopted a child through an intercountry adoption that is finalized in a foreign country may obtain a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code. (Repealed and added by Stats. 2019, Ch. 805, Sec. 3. (AB 677) Effective January 1, 2020.)
  143. 8919.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An intercountry adoption agency must report an adoptee’s arrival to the department within 14 calendar days if the adoption was finalized in a foreign country.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8919.5. (a) An intercountry adoption agency shall report the arrival of an adoptee whose adoption was finalized in a foreign country to the department within 14 calendar days of the adoptee’s arrival in California. (b) If the adoption agency fails to report to the department pursuant to subdivision (a), the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California. (Added by Stats. 2019, Ch. 805, Sec. 4. (AB 677) Effective January 1, 2020.)
  144. 8920.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A qualifying adopted child may ask the court to enforce a sibling-visitation agreement or order visitation, and the court must consider the child’s sibling relationship and best interests.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8920. (a) A child who was adopted as part of a sibling group and who has been separated from the child’s sibling or siblings through readoption by a resident of this state may petition the court to enforce any agreement for visitation to which the separate adoptive families of the siblings subscribed prior to the child’s readoption or to order visitation if such agreement does not exist. The court may order that the agreement be enforced or grant visitation rights upon a finding that visitation is in the best interest of the child. (b) In making a finding that enforcement of an existing agreement or the granting of visitation rights is in the best interest of the child under subdivision (a), the court shall take into consideration the nature and extent of the child’s sibling relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shares significant common experiences or has close and strong bonds with a sibling, and whether ongoing contact with a sibling is in the child’s best interest, including the child’s long-term interest. (c) As used in this section, “sibling” means full-siblings or half-siblings. (d) As used in this section, “readoption” means the process by which a child who belongs to a foreign-born sibling group that was adopted together through an intercountry adoption is subsequently adopted by a different set of adoptive parents who are residents of the state. (Amended by Stats. 2019, Ch. 115, Sec. 132. (AB 1817) Effective January 1, 2020.)
  145. 8923.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Licensed private full-service and noncustodial adoption agencies must tell the department about complaints filed against them, and the department may revoke an agency’s license for noncompliance.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8923. (a) A complaint against an accredited agency or approved person in connection with a convention adoption shall be filed according to the procedures set forth in Subpart J (commencing with Section 96.68) of Part 96 of Title 22 of the Code of Federal Regulations. (b) Each private full-service adoption agency and noncustodial adoption agency licensed by the department under this chapter shall notify the department of any complaint filed against it pursuant to Subpart J (commencing with Section 96.68) of Part 96 of Title 22 of the Code of Federal Regulations. (c) The department may revoke the license of any agency that fails to comply with the provisions of this chapter and Part 96 of Title 22 of the Code of Federal Regulations. (Added by Stats. 2007, Ch. 583, Sec. 8. Effective January 1, 2008.)
  146. 8924.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    For certain intercountry adoptions, accredited agencies or approved persons must complete specified studies, obtain consents, consider older children’s wishes, send required information to authorities, comply with placement standards, keep authorities informed, and report to the Secretary.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8924. (a) For cases in which a child is emigrating from California to a convention country, an accredited agency or approved person providing any adoption service described in this chapter, shall perform all of the following: (1) A background study on the child prepared in accordance with all requirements set forth in subdivisions (a) and (b) of Section 96.53 of Title 22 of the Code of Federal Regulations, Section 8706, and applicable state law. (2) Consents are obtained in accordance with subdivision (c) of Section 96.53 of Title 22 of the Code of Federal Regulations and applicable state law. (3) If the child is 12 years of age or older, the agency or person has given due consideration to the child’s wishes or opinions before determining that an intercountry adoption is in the child’s best interests and in accordance with applicable state law. (4) Transmission to the United States Department of State or other competent authority, or accredited bodies of the convention country, of the child background study, proof that the necessary consents have been obtained, and the reasons for the determination that the placement is in the child’s best interests. (b) The accredited agency shall comply with all placement standards set forth in Section 96.54 of Title 22 of the Code of Federal Regulations for children emigrating from California to a convention country. (c) The accredited agency shall keep the central authority of the convention country and the Secretary informed as necessary about the adoption process and the measures taken to complete it for children emigrating from California to a convention country, in accordance with all communication and coordination functions set forth in Section 96.55 of Title 22 of the Code of Federal Regulations. (d) For all convention and nonconvention adoption cases involving children emigrating from California to a convention country, the agency, person, or public domestic authority providing adoption services shall report information to the Secretary in accordance with Part 99 of Title 22 of the Code of Federal Regulations. (Added by Stats. 2007, Ch. 583, Sec. 9. Effective January 1, 2008.)
  147. 8925.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A Hague adoption certificate, or in outgoing cases a Hague custody declaration, obtained under specified federal regulations must be recognized as a final valid adoption for state and local law purposes.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Intercountry Adoptions [8900 - 8925] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 8925. A Hague adoption certificate or, in outgoing cases, a Hague custody declaration, obtained pursuant to Part 97 of Title 22 of the Code of Federal Regulations shall be recognized as a final valid adoption for purposes of all state and local laws. (Added by Stats. 2007, Ch. 583, Sec. 10. Effective January 1, 2008.)
  148. 9.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says that the present tense also covers the past and future tenses, and the future tense also covers the present.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9. The present tense includes the past and future tenses, and the future, the present. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  149. 900.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [900 - 903] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This chapter’s definitions apply to interpreting this part unless the provision or context says otherwise.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [900 - 903] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 900. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this part. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  150. 9000.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section sets the filing and content rules for stepparent and domestic partner adoption petitions.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9000. (a) A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in any county authorized by Section 8609.5. (b) A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5. (c) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth and the name the child had before adoption. (d) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding. (e) The order of adoption shall contain the child’s adopted name and the name the child had before adoption. (f) If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized. (g) For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297. (Amended by Stats. 2023, Ch. 851, Sec. 10. (AB 1650) Effective January 1, 2024.)
  151. 9000.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section sets special procedures for certain stepparent adoptions and requires specific filings with the adoption petition.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies: (1) One of the spouses or partners gave birth to the child. (2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy. (b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause: (A) A home investigation pursuant to Section 9001 or a home study. (B) Costs incurred pursuant to Section 9002. (C) A hearing pursuant to Section 9007. (2) In stepparent adoptions under this section, the parties shall not be required to have been married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, for a minimum period of time prior to the adoption being granted or to provide verification of their income or education. (c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption: (1) A copy of the parties’ marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction. (2) A copy of the child’s birth certificate. (3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the child’s conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who are required to be provided notice of, or who must consent to, the adoption. (d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided. (e) The court shall grant the stepparent adoption under this section upon finding both of the following: (1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the child’s birth. (2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption. (Amended by Stats. 2021, Ch. 199, Sec. 1. (AB 746) Effective January 1, 2022.)
  152. 9001.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In stepparent adoption cases, the court must review a written investigative report before deciding the request, unless Section 9000.5 applies. The petitioner must tell the court at filing if they choose certain private investigators, which changes who pays the investigation fee and who conducts the investigation.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9001. (a) Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the court’s own motion. “Home study” as used in this section means a physical investigation of the premises where the child is residing. (b) At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending. (c) If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable. (d) This section does not require the State Department of Social Services to issue regulations for stepparent adoptions. (Amended by Stats. 2018, Ch. 389, Sec. 17. (AB 2296) Effective January 1, 2019.)
  153. 9002.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In a stepparent adoption, the prospective adoptive parent must cover reasonable adoption-related costs up to $700, unless Section 9000.5 applies.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9002. Except as provided in Section 9000.5, in a stepparent adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with the stepparent adoption, including, but not limited to, costs incurred for the investigation required by Section 9001, up to a maximum of seven hundred dollars ($700). The court, probation officer, qualified court investigator, or county welfare department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parent detrimental to the welfare of the adopted child. (Amended by Stats. 2014, Ch. 636, Sec. 5. (AB 2344) Effective January 1, 2015.)
  154. 9003.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In a stepparent adoption, the consent must be signed before an authorized witness and filed right away; the clerk must then give immediate notice. A birth parent outside the state may sign before certain authorized persons, and a minor birth parent may sign without the consent being revocable just because of minority.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9003. (a) In a stepparent adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk, probation officer, qualified court investigator, authorized representative of a licensed adoption agency, or county welfare department staff member of any county of this state. The petitioner, petitioner’s counsel, or person before whom the consent is signed shall immediately file the consent with the clerk of the court where the adoption request is filed. If the request has not been filed at the time the consent has been signed, the consent shall be filed simultaneously with the adoption request. Upon filing of the adoption request, the clerk shall immediately notify the probation officer or, at the option of the board of supervisors, the county welfare department of that county. (b) If the birth parent of a child to be adopted is outside this state at the time of signing the consent, the consent may be signed before an authorized representative of an adoption agency licensed in the state or country where the consent is being signed, a notary, or other person authorized to perform notarial acts. (c) The consent, when reciting that the person giving it is entitled to sole custody of the child and when acknowledged before any authorized witness specified in subdivision (a), is prima facie evidence of the right of the person signing the consent to the sole custody of the child and that person’s sole right to consent. (d) A birth parent who is a minor has the right to sign a consent for the adoption of the birth parent’s child and the consent is not subject to revocation by reason of the minority. (Amended by Stats. 2011, Ch. 462, Sec. 8. (AB 687) Effective January 1, 2012.)
  155. 9004.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    In a stepparent adoption, the department-prescribed consent form for the birth parent must include a notice about inheritance rights.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9004. In a stepparent adoption, the form prescribed by the department for the consent of the birth parent shall contain substantially the following notice: “Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a stepparent adoption does not affect the child’s right to inherit your property or the property of other blood relatives.” (Amended by Stats. 2001, Ch. 893, Sec. 7. Effective January 1, 2002.)
  156. 9005.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A birth parent generally cannot withdraw consent to a stepparent adoption unless the court approves it.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9005. (a) Consent of the birth parent to the adoption of the child through a stepparent adoption may not be withdrawn except with court approval. Request for that approval may be made by motion, or a birth parent seeking to withdraw consent may file with the clerk of the court where the adoption petition is pending, a petition for approval of withdrawal of consent, without the necessity of paying a fee for filing the petition. The petition or motion shall be in writing, and shall set forth the reasons for withdrawal of consent, but otherwise may be in any form. (b) The court clerk shall set the matter for hearing and shall give notice thereof to the probation officer, qualified court investigator, or county welfare department, to the prospective adoptive parent, and to the birth parent or parents by certified mail, return receipt requested, to the address of each as shown in the proceeding, at least 10 days before the time set for hearing. (c) The probation officer, qualified court investigator, or county welfare department shall, before the hearing of the motion or petition for withdrawal, file a full report with the court and shall appear at the hearing to represent the interests of the child. (d) At the hearing, the parties may appear in person or with counsel. The hearing shall be held in chambers, but the court reporter shall report the proceedings and, on court order, the fee therefor shall be paid from the county treasury. If the court finds that withdrawal of the consent to adoption is reasonable in view of all the circumstances and that withdrawal of the consent is in the child’s best interest, the court shall approve the withdrawal of the consent. Otherwise the court shall withhold its approval. Consideration of the child’s best interest shall include, but is not limited to, an assessment of the child’s age, the extent of bonding with the prospective adoptive parent, the extent of bonding or the potential to bond with the birth parent, and the ability of the birth parent to provide adequate and proper care and guidance to the child. If the court approves the withdrawal of consent, the adoption proceeding shall be dismissed. (e) A court order granting or withholding approval of a withdrawal of consent to an adoption may be appealed in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court. (Amended by Stats. 2001, Ch. 893, Sec. 8. Effective January 1, 2002.)
  157. 9006.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If the petitioner withdraws the adoption petition or asks to dismiss the proceeding, the court clerk must immediately notify specified agencies, unless no home investigation was required. If a birth parent refused the required consent, the adoption petition must be dismissed.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9006. (a) If the petitioner moves to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the probation officer, qualified court investigator, or county welfare department of the action, unless a home investigation was not required pursuant to Section 9000.5. (b) If a birth parent has refused to give the required consent, the adoption petition shall be dismissed. (Amended by Stats. 2014, Ch. 636, Sec. 6. (AB 2344) Effective January 1, 2015.)
  158. 9007.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    The prospective adoptive parent and the child proposed to be adopted must appear before the court, unless Section 9000.5 applies.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 5. Stepparent Adoptions [9000 - 9007] ( Chapter 5 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9007. Except as provided in Section 9000.5, the prospective adoptive parent and the child proposed to be adopted shall appear before the court pursuant to Sections 8612, 8613, and 8613.5. (Amended by Stats. 2014, Ch. 636, Sec. 7. (AB 2344) Effective January 1, 2015.)
  159. 902.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [900 - 903] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines “debt” as an obligation incurred by a married person before or during marriage.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [900 - 903] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 902. “Debt” means an obligation incurred by a married person before or during marriage, whether based on contract, tort, or otherwise. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  160. 903.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [900 - 903] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    This section defines when a debt counts as “incurred.”

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. Definitions [900 - 903] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 903. A debt is “incurred” at the following time: (a) In the case of a contract, at the time the contract is made. (b) In the case of a tort, at the time the tort occurs. (c) In other cases, at the time the obligation arises. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  161. 910.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The community estate is liable for debts incurred by either spouse before or during marriage, except where another statute expressly says otherwise.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 910. (a) Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt. (b) “During marriage” for purposes of this section does not include the period after the date of separation, as defined in Section 70, and before a judgment of dissolution of marriage or legal separation of the parties. (Amended by Stats. 2016, Ch. 114, Sec. 3. (SB 1255) Effective January 1, 2017.)
  162. 9100.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Vacation of Adoption [9100 - 9102] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    In limited cases, adoptive parents or a parent may ask the court to set aside an adoption, and the petition must be filed within five years of the adoption order.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Vacation of Adoption [9100 - 9102] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9100. (a) If a child adopted pursuant to the law of this state shows evidence of a developmental disability or mental illness as a result of conditions existing before the adoption to an extent that the child cannot be relinquished to an adoption agency on the grounds that a plan of adoption is not currently suitable, and of which conditions the adoptive parents or parent had no knowledge or notice before the entry of the order of adoption, a petition setting forth those facts may be filed by the adoptive parents or parent with the court that granted the adoption petition. If these facts are proved to the satisfaction of the court, it may make an order setting aside the order of adoption. (b) The petition shall be filed within five years after the entry of the order of adoption. (c) (1) The court clerk shall immediately notify the department at Sacramento of the petition. Within 60 days after the notice, the department shall file a full report with the court and shall appear before the court for the purpose of representing the adopted child. (2) Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, may be inspected and copied by the department for the purpose of completing the duties pursuant to this subdivision. (Amended by Stats. 2022, Ch. 870, Sec. 1. (AB 2711) Effective January 1, 2023.)
  163. 9101.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Vacation of Adoption [9100 - 9102] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If an adoption order is set aside, the court must direct the district attorney, county counsel, or county welfare department to act under the Welfare and Institutions Code, and it may make temporary orders about the child’s care, custody, or confinement. The county where the adoption proceeding was held is responsible for the child’s support until the child can support themself.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Vacation of Adoption [9100 - 9102] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9101. (a) If an order of adoption is set aside as provided in Section 9100, the court making the order shall direct the district attorney, the county counsel, or the county welfare department to take appropriate action under the Welfare and Institutions Code. The court may also make any order relative to the care, custody, or confinement of the child pending the proceeding the court sees fit. (b) The county in which the proceeding for adoption was had is liable for the child’s support until the child is able to be self-supporting. (Amended by Stats. 2019, Ch. 115, Sec. 134. (AB 1817) Effective January 1, 2020.)
  164. 9102.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Vacation of Adoption [9100 - 9102] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Challenges to an adoption order must be filed within set deadlines, and the court must first find the facts legally sufficient before setting an order aside.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 6. Vacation of Adoption [9100 - 9102] ( Chapter 6 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9102. (a) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, shall be commenced within one year after entry of the order. (b) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or nullify an order of adoption, based on fraud, shall be commenced within three years after entry of the order, or within 90 days of discovery of the fraud, whichever is earlier. (c) In any action to set aside an order of adoption pursuant to this section or Section 9100, the court shall first determine whether the facts presented are legally sufficient to set aside the order of adoption. If the facts are not legally sufficient, the petition shall be denied. If the facts are legally sufficient, the court’s final ruling on the matter shall take into consideration the best interests of the child, in conjunction with all other factors required by law. (d) The department shall not be required under any circumstances to investigate a petition filed pursuant to this section or to represent a child who is the subject of a proceeding under this section. (Amended by Stats. 2011, Ch. 462, Sec. 9. (AB 687) Effective January 1, 2012.)
  165. 911.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A married person’s earnings during marriage are not liable for a spouse’s premarriage debt, and they stay protected if paid into a deposit account with no spouse withdrawal right and kept separate from other community property, except insignificant property.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 911. (a) The earnings of a married person during marriage are not liable for a debt incurred by the person’s spouse before marriage. After the earnings of the married person are paid, they remain not liable so long as they are held in a deposit account in which the person’s spouse has no right of withdrawal and are uncommingled with other property in the community estate, except property insignificant in amount. (b) As used in this section: (1) “Deposit account” has the meaning prescribed in paragraph (29) of subdivision (a) of Section 9102 of the Commercial Code. (2) “Earnings” means compensation for personal services performed, whether as an employee or otherwise. (Amended by Stats. 1999, Ch. 991, Sec. 42.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  166. 912.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    Quasi-community property must be treated like community property for this part.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 912. For the purposes of this part, quasi-community property is liable to the same extent, and shall be treated the same in all other respects, as community property. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  167. 913.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A married person’s separate property can be liable for debts the person incurred, but generally not for the spouse’s debts.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 913. (a) The separate property of a married person is liable for a debt incurred by the person before or during marriage. (b) Except as otherwise provided by statute: (1) The separate property of a married person is not liable for a debt incurred by the person’s spouse before or during marriage. (2) The joinder or consent of a married person to an encumbrance of community estate property to secure payment of a debt incurred by the person’s spouse does not subject the person’s separate property to liability for the debt unless the person also incurred the debt. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  168. 914.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A married person is personally liable for certain debts incurred by the spouse during marriage, and separate property may be used to satisfy that liability. In some cases, the married person can get reimbursement, and different limitation periods apply if the spouse dies.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 914. (a) Notwithstanding Section 913, a married person is personally liable for the following debts incurred by the person’s spouse during marriage: (1) A debt incurred for necessaries of life of the person’s spouse before the date of separation of the spouses. (2) Except as provided in Section 4302, a debt incurred for common necessaries of life of the person’s spouse after the date of separation of the spouses. (b) The separate property of a married person may be applied to the satisfaction of a debt for which the person is personally liable pursuant to this section. If separate property is so applied at a time when nonexempt property in the community estate or separate property of the person’s spouse is available but is not applied to the satisfaction of the debt, the married person is entitled to reimbursement to the extent such property was available. (c) (1) Except as provided in paragraph (2), the statute of limitations set forth in Section 366.2 of the Code of Civil Procedure shall apply if the spouse for whom the married person is personally liable dies. (2) If the surviving spouse had actual knowledge of the debt prior to expiration of the period set forth in Section 366.2 of the Code of Civil Procedure and the personal representative of the deceased spouse’s estate failed to provide the creditor asserting the claim under this section with a timely written notice of the probate administration of the estate in the manner provided for pursuant to Section 9050 of the Probate Code, the statute of limitations set forth in Section 337 or 339 of the Code of Civil Procedure, as applicable, shall apply. (d) For purposes of this section, “date of separation” has the same meaning as set forth in Section 70. (Amended by Stats. 2016, Ch. 114, Sec. 4. (SB 1255) Effective January 1, 2017.)
  169. 915.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A married person’s support obligation that does not arise from the marriage is treated as a debt incurred before marriage. If community property is used to pay that obligation while the person has available nonexempt separate income, the community estate can seek reimbursement. The court’s ability to consider support-related matters is not limited by this section.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 915. (a) For the purpose of this part, a child or spousal support obligation of a married person that does not arise out of the marriage shall be treated as a debt incurred before marriage, regardless of whether a court order for support is made or modified before or during marriage and regardless of whether any installment payment on the obligation accrues before or during marriage. (b) If property in the community estate is applied to the satisfaction of a child or spousal support obligation of a married person that does not arise out of the marriage, at a time when nonexempt separate income of the person is available but is not applied to the satisfaction of the obligation, the community estate is entitled to reimbursement from the person in the amount of the separate income, not exceeding the property in the community estate so applied. (c) Nothing in this section limits the matters a court may take into consideration in determining or modifying the amount of a support order, including, but not limited to, the earnings of the spouses of the parties. (Amended by Stats. 1993, Ch. 219, Sec. 100.5. Effective January 1, 1994.)
  170. 916.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    After division of community and quasi-community property, a married person’s separate property may remain liable for certain debts and may support reimbursement rights.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. General Rules of Liability [910 - 916] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 916. (a) Notwithstanding any other provision of this chapter, after division of community and quasi-community property pursuant to Division 7 (commencing with Section 2500): (1) The separate property owned by a married person at the time of the division and the property received by the person in the division is liable for a debt incurred by the person before or during marriage and the person is personally liable for the debt, whether or not the debt was assigned for payment by the person’s spouse in the division. (2) The separate property owned by a married person at the time of the division and the property received by the person in the division is not liable for a debt incurred by the person’s spouse before or during marriage, and the person is not personally liable for the debt, unless the debt was assigned for payment by the person in the division of the property. Nothing in this paragraph affects the liability of property for the satisfaction of a lien on the property. (3) The separate property owned by a married person at the time of the division and the property received by the person in the division is liable for a debt incurred by the person’s spouse before or during marriage, and the person is personally liable for the debt, if the debt was assigned for payment by the person in the division of the property. If a money judgment for the debt is entered after the division, the property is not subject to enforcement of the judgment and the judgment may not be enforced against the married person, unless the person is made a party to the judgment for the purpose of this paragraph. (b) If property of a married person is applied to the satisfaction of a money judgment pursuant to subdivision (a) for a debt incurred by the person that is assigned for payment by the person’s spouse, the person has a right of reimbursement from the person’s spouse to the extent of the property applied, with interest at the legal rate, and may recover reasonable attorney’s fees incurred in enforcing the right of reimbursement. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  171. 92.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section defines “family support” as a parental agreement, order, or judgment that combines child support and spousal support without separately stating each amount.

    ## Family Code - FAM ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 185] ( Division 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. DEFINITIONS [50 - 155] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 92. “Family support” means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  172. 920.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Reimbursement [920- 920.] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

    Verify source ↗

    A spouse with a reimbursement right must exercise it within the stated time limit, and the right can be waived in writing.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 3. Reimbursement [920- 920.] ( Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 920. A right of reimbursement provided by this part is subject to the following provisions: (a) The right arises regardless of which spouse applies the property to the satisfaction of the debt, regardless of whether the property is applied to the satisfaction of the debt voluntarily or involuntarily, and regardless of whether the debt to which the property is applied is satisfied in whole or in part. The right is subject to an express written waiver of the right by the spouse in whose favor the right arises. (b) The measure of reimbursement is the value of the property or interest in property at the time the right arises. (c) The right shall be exercised not later than the earlier of the following times: (1) Within three years after the spouse in whose favor the right arises has actual knowledge of the application of the property to the satisfaction of the debt. (2) In proceedings for division of community and quasi-community property pursuant to Division 7 (commencing with Section 2500) or in proceedings upon the death of a spouse. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  173. 9200.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Adoption court records are generally confidential, with limited inspection and redaction rules, and the clerk may issue an adoption certificate on request.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9200. (a) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this part is not open to inspection by any person other than the parties to the proceeding and their attorneys and the department, except upon the written authority of the judge of the superior court. A judge of the superior court may not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition or any portion of any of these documents, except in exceptional circumstances and for good cause approaching the necessitous. The petitioner may be required to pay the expenses for preparing the copies of the documents to be inspected. (b) Upon written request of any party to the proceeding and upon the order of any judge of the superior court, the clerk of the court shall not provide any documents referred to in this section for inspection or copying to any other person, unless the name of the child’s birth parents or any information tending to identify the child’s birth parents is deleted from the documents or copies thereof. (c) Upon the request of the adoptive parents or the child, a clerk of the court may issue a certificate of adoption that states the date and place of adoption, the child’s birth date, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent, the certificate shall not state the name of the child’s birth parents. (Amended by Stats. 2002, Ch. 784, Sec. 114. Effective January 1, 2003.)
  174. 9201.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section limits disclosure of adoption-service information, but allows several specified disclosures and sharing arrangements.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9201. (a) Except as otherwise permitted or required by statute, neither the department nor a licensed adoption agency shall release information that would identify persons who receive, or have received, adoption services. (b) Employees of the department and licensed adoption agencies shall release to the department at Sacramento any requested information, including identifying information, for the purposes of recordkeeping and monitoring, evaluation, and regulation of the provision of adoption services. (c) Prior to the placement of a child for adoption, the department or licensed adoption agency may, upon the written request of both a birth and a prospective adoptive parent, arrange for contact between these birth and prospective adoptive parents that may include the sharing of identifying information regarding these parents. (d) The department and any licensed adoption agency may, upon written authorization for the release of specified information by the subject of that information, share information regarding a prospective adoptive parent or birth parent with other social service agencies, including the department, other licensed adoption agencies, counties or licensed foster family agencies for purposes of approving a resource family pursuant to subparagraph (A) of paragraph (4) of subdivision (p) of Section 16519.5 of the Welfare and Institutions Code, or providers of health care as defined in Section 56.05 of the Civil Code. (e) Notwithstanding any other law, the department and any licensed adoption agency may furnish information relating to an adoption petition or to a child in the custody of the department or any licensed adoption agency to the juvenile court, county welfare department, public welfare agency, private welfare agency licensed by the department, provider of foster care services, potential adoptive parent, or provider of health care as defined in Section 56.05 of the Civil Code, if it is believed the child’s welfare will be promoted thereby. (f) The department and any licensed adoption agency may make adoption case records, including identifying information, available for research purposes, provided that the research will not result in the disclosure of the identity of the child or the parties to the adoption to anyone other than the entity conducting the research. (Amended by Stats. 2016, Ch. 612, Sec. 11. (AB 1997) Effective January 1, 2017.)
  175. 9202.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Certain adopted persons and adoptive parents may request a copy of a required medical report, and the department or licensed adoption agency must provide it under prescribed procedures.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9202. (a) Notwithstanding any other law, the department or licensed adoption agency that made a medical report required by Section 8706, 8817, or 8909 shall provide a copy of the medical report, in the manner the department prescribes by regulation, to any of the following persons upon the person’s request: (1) A person who has been adopted pursuant to this part and who has attained the age of 18 years or who presents a certified copy of the person’s marriage certificate. (2) The adoptive parent of a person under the age of 18 years who has been adopted pursuant to this part. (b) A person who is denied access to a medical report pursuant to regulations adopted pursuant to this section may petition the court for review of the reasonableness of the department’s or licensed adoption agency’s decision. (c) The names and addresses of any persons contained in the report shall be removed unless the person requesting the report has previously received the information. (Amended by Stats. 2000, Ch. 910, Sec. 6. Effective January 1, 2001.)
  176. 9202.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A lab storing a blood sample from an adoption case must limit access to specific people and must give birth parent(s) access to DNA test results on request.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9202.5. (a) Notwithstanding any other law, the laboratory that is storing a blood sample pursuant to Section 8706, 8817, or 8909 shall provide access to the blood sample to only the following persons upon the person’s request: (1) A person who has been adopted pursuant to this part. (2) The adoptive parent of a person under the age of 18 years who has been adopted pursuant to this part. The adoptive parent may receive access to the blood sample only after entry of the order of adoption. (b) The birth parent or parents shall be given access to any DNA test results related to the blood sample on request. (c) Except as provided in subdivision (b), no person other than the adoptive parent and the adopted child shall have access to the blood sample or any DNA test results related to the blood sample, unless the adoptive parent or the child authorizes another person or entity to have that access. (Added by Stats. 1996, Ch. 1053, Sec. 4. Effective January 1, 1997.)
  177. 9203.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The department or a licensed adoption agency must disclose certain adoption information when specific request and consent conditions are met, and the department may charge a reasonable processing fee with a waiver for public assistance recipients.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9203. (a) The department or a licensed adoption agency shall do the following: (1) Upon the request of a person who has been adopted pursuant to this part and who has attained 21 years of age, disclose the identity of the person’s birth parent or parents and their most current address shown in the records of the department or licensed adoption agency, if the birth parent or parents have indicated consent to the disclosure in writing. (2) Upon the request of the birth parent of a person who has been adopted pursuant to this part and who has attained 21 years of age, disclose the adopted name of the adoptee and the adoptee’s most current address shown in the records of the department or licensed adoption agency, if the adult adoptee has indicated in writing, pursuant to the registration program developed by the department, that the adult adoptee wishes the adult adoptee’s name and address to be disclosed. (3) Upon the request of the adoptive parent of a person under 21 years of age who has been adopted pursuant to this part, disclose the identity of a birth parent and the birth parent’s most current address shown in the records of the department or licensed adoption agency if the department or licensed adoption agency finds that a medical necessity or other extraordinary circumstances justify the disclosure. (b) The department shall prescribe the form of the request required by this section. The form shall provide for an affidavit to be executed by the requester that to the best of the requester’s knowledge the requester is an adoptee, the adoptee’s birth parent, or the adoptee’s adoptive parent. The department may adopt regulations requiring any additional means of identification from a requester that it deems necessary. The request shall advise an adoptee that if the adoptee consents, the adoptee’s adoptive parents will be notified of the filing of the request before the release of the name and address of the adoptee’s birth parent. (c) Subdivision (a) is not applicable if a birth parent or an adoptee has indicated a desire that the name or address of the birth parent or adoptee not be disclosed. (d) Within 20 working days of receipt of a request for information pursuant to this section, the department shall either respond to the request or forward the request to a licensed adoption agency that was a party to the adoption. (e) Notwithstanding any other law, the department shall announce the availability of the present method of arranging contact among an adult adoptee, the adult adoptee’s birth parents, and adoptive parents authorized by Section 9204 utilizing a means of communication appropriate to inform the public effectively. (f) The department or licensed adoption agency may charge a reasonable fee in an amount the department establishes by regulation to cover the costs of processing requests for information made pursuant to subdivision (a). The department or licensed adoption agency shall waive fees authorized by this section for a person who is receiving public assistance pursuant to Part 3 (commencing with Section 11000) of Division 9 of the Welfare and Institutions Code. The revenue resulting from the fees so charged shall be utilized by the department or licensed adoption agency to increase existing staff as needed to process these requests. Fees received by the department shall be deposited in the Adoption Information Fund. This revenue shall be in addition to any other funds appropriated in support of the state adoption program. (g) This section applies only to adoptions in which the relinquishment for or consent to adoption was signed or the birth parent’s rights were involuntarily terminated by court action on or after January 1, 1984. (Amended by Stats. 2019, Ch. 115, Sec. 135. (AB 1817) Effective January 1, 2020.)
  178. 9203.1.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The department or a licensed adoption agency must disclose an adoption homestudy on request, respond within 20 working days, and waive fees for people receiving public assistance.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9203.1. (a) The department or a licensed adoption agency shall, upon the request of a prospective adoptive parent, disclose an adoption homestudy and any updates to an adoption homestudy to a county or licensed foster family agency for the purpose of approving the prospective adoptive parent as a resource family pursuant to subparagraph (A) of paragraph (4) of subdivision (p) of Section 16519.5 of the Welfare and Institutions Code. (b) The department shall prescribe the form of the request described in subdivision (a). (c) The department or a licensed adoption agency shall respond to a request made pursuant to subdivision (a) within 20 working days of receiving it. (d) The department or a licensed adoption agency may charge a fee to cover the reasonable costs of processing requests made pursuant to subdivision (a). The department or a licensed adoption agency shall waive fees authorized by this subdivision for any person who is receiving public assistance pursuant to Part 3 (commencing with Section 11000) of Division 9 of the Welfare and Institutions Code. (Added by Stats. 2016, Ch. 612, Sec. 12. (AB 1997) Effective January 1, 2017.)
  179. 9204.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    If an adult adoptee and the birth parents each file written consent, the department or a licensed adoption agency may arrange contact. The department or agency may not solicit the consent, and the consent form must be in the department’s prescribed form.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9204. (a) Notwithstanding any other law, if an adult adoptee and the adult adoptee’s birth parents have each filed a written consent with the department or licensed adoption agency, the department or licensed adoption agency may arrange for contact between those persons. Neither the department nor a licensed adoption agency may solicit, directly or indirectly, the execution of a written consent. (b) The written consent authorized by this section shall be in a form prescribed by the department. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  180. 9205.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section requires adoption agencies to release sibling names and addresses when the statutory conditions are met, and it sets out waiver, fee, confidentiality, and confidential-intermediary procedures.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9205. (a) Notwithstanding any other law, the department, county adoption agency, or licensed adoption agency that joined in the adoption petition shall release the names and addresses of siblings to one another if both of the siblings have attained 18 years of age and have filed the following with the department or agency: (1) A current address. (2) A written request for contact with any sibling whose existence is known to the person making the request. (3) A written waiver of the person’s rights with respect to the disclosure of the person’s name and address to the sibling, if the person is an adoptee. (b) Upon inquiry and proof that a person is the sibling of an adoptee who has filed a waiver pursuant to this section, the department, county adoption agency, or licensed adoption agency may advise the sibling that a waiver has been filed by the adoptee. The department, county adoption agency, or licensed adoption agency may charge a reasonable fee, not to exceed fifty dollars ($50), for providing the service required by this section. (c) An adoptee may revoke a waiver filed pursuant to this section by giving written notice of revocation to the department or agency. (d) The department shall adopt a form for the request authorized by this section. The form shall provide for an affidavit to be executed by a person seeking to employ the procedure provided by this section that, to the best of the person’s knowledge, the person is an adoptee or sibling of an adoptee. The form also shall contain a notice of an adoptee’s rights pursuant to subdivision (c) and a statement that information will be disclosed only if there is a currently valid waiver on file with the department or agency. The department may adopt regulations requiring any additional means of identification from a person making a request pursuant to this section as it deems necessary. (e) The department, county adoption agency, or licensed adoption agency may not solicit the execution of a waiver authorized by this section. However, the department shall announce the availability of the procedure authorized by this section, utilizing a means of communication appropriate to inform the public effectively. (f) Notwithstanding the age requirement described in subdivision (a), an adoptee or sibling who is under 18 years of age may file a written waiver of confidentiality for the release of the person’s name, address, and telephone number pursuant to this section provided that, if an adoptee, the adoptive parent consents, and, if a sibling, the sibling’s legal parent or guardian consents. If the sibling is under the jurisdiction of the dependency court and has no legal parent or guardian able or available to provide consent, the dependency court may provide that consent. (g) Notwithstanding subdivisions (a) and (e), an adoptee or sibling who seeks contact with the other for whom no waiver is on file may petition the court to appoint a confidential intermediary. If the sibling being sought is the adoptee, the intermediary shall be the department, county adoption agency, or licensed adoption agency that provided adoption services as described in Section 8521 or 8533. If the sibling being sought was formerly under the jurisdiction of the juvenile court, but is not an adoptee, the intermediary shall be the department, the county child welfare agency that provided services to the dependent child, or the licensed adoption agency that provided adoption services to the sibling seeking contact, as appropriate. If the court finds that the agency that conducted the adoptee’s adoption is unable, due to economic hardship, to serve as the intermediary, then the agency shall provide all records related to the adoptee or the sibling to the court and the court shall appoint an alternate confidential intermediary. The court shall grant the petition unless it finds that it would be detrimental to the adoptee or sibling with whom contact is sought. The intermediary shall have access to all records of the adoptee or the sibling and shall make all reasonable efforts to locate and attempt to obtain the consent of the adoptee, sibling, or adoptive or birth parent, as required to make the disclosure authorized by this section. The confidential intermediary shall notify any located adoptee, sibling, or adoptive or birth parent that consent is optional, not required by law, and does not affect the status of the adoption. If that individual denies the request for consent, the confidential intermediary shall not make any further attempts to obtain consent. The confidential intermediary shall use information found in the records of the adoptee or the sibling for authorized purposes only, and may not disclose that information without authorization. If contact is sought with an adoptee or sibling who is under 18 years of age, the confidential intermediary shall contact and obtain the consent of that child’s legal parent before contacting the child. If the sibling is under 18 years of age, under the jurisdiction of the dependency court, and has no legal parent or guardian able or available to provide consent, the intermediary shall obtain that consent from the dependency court. If the adoptee is seeking information regarding a sibling who is known to be a dependent child of the juvenile court, the procedures set forth in subdivision (b) of Section 388 of the Welfare and Institutions Code shall be utilized. If the adoptee is foreign born and was the subject of an intercountry adoption as defined in Section 8527, the adoption agency may fulfill the reasonable efforts requirement by utilizing all information in the agency’s case file, and any information received upon request from the foreign adoption agency that conducted the adoption, if any, to locate and attempt to obtain the consent of the adoptee, sibling, or adoptive or birth parent. If that information is neither in the agency’s case file, nor received from the foreign adoption agency, or if the attempts to locate are unsuccessful, then the agency shall be relieved of any further obligation to search for the adoptee or the sibling. (h) For purposes of this section, “sibling” means a biological sibling, half-sibling, or step-sibling of the adoptee. (i) It is the intent of the Legislature that implementation of some or all of the changes made to this section by Chapter 386 of the Statutes of 2006 shall continue, to the extent possible. (j) Beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. (Amended by Stats. 2019, Ch. 115, Sec. 136. (AB 1817) Effective January 1, 2020.)
  181. 9206.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The department or licensed adoption agency must release certain adopted-person items on written request, remove identifying names and addresses before delivery, and use a fee schedule for related charges.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9206. (a) Notwithstanding any other law, the department or licensed adoption agency shall release any letters, photographs, or other items of personal property in its possession to an adoptee, birth parent, or adoptive parent, upon written request. The material may be requested by any of the following persons: (1) The adoptee, if the adoptee has attained the age of 18 years. (2) The adoptive parent or parents, on behalf of an adoptee under the age of 18 years, as long as instructions to the contrary have not been made by the depositor. (3) The birth parent or parents. (b) Notwithstanding any other law, all identifying names and addresses shall be deleted from the letters, photographs, or items of personal property before delivery to the requester. (c) Letters, photographs, and other items of personal property deposited on or after January 1, 1985, shall be accompanied by a release form or similar document signed by the person depositing the material, specifying to whom the material may be released. At its discretion, the department or licensed adoption agency may refuse for deposit items of personal property that, because of value or bulk, would pose storage problems. (d) Notwithstanding subdivisions (a) and (b), only the following photographs deposited before January 1, 1985, shall be released: (1) Photographs of the adoptee that have been requested by the adoptee. (2) Photographs that have been deposited by the adoptee, the adoptive parent or parents, or the birth parent or parents, and for which there is a letter or other document on file indicating that person’s consent to the release of the photographs. (e) The department and licensed adoption agencies may charge a fee to cover the actual costs of any services required by this section in excess of normal postadoptive services provided by the department or agency. The department shall develop a fee schedule that shall be implemented by the department and licensed adoption agencies in assessing charges to the person who deposits the material or the person to whom the material is released. The fee may be waived by the department or licensed adoption agencies in cases in which it is established that a financial hardship exists. (f) “Photograph” as used in this section means a photograph of the person depositing the photograph or the person making the request for the release. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  182. 9208.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    When a superior court clerk enters a final adoption order for an Indian child, the clerk must send a copy and required identifying information to the United States Secretary of the Interior or a designee within 30 days.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9208. (a) The clerk of the superior court entering a final order of adoption concerning an Indian child shall provide the United States Secretary of the Interior or a designee with a copy of the order within 30 days of the date of the order, together with any information necessary to show the following: (1) The name and tribal affiliation of the child. (2) The names and addresses of the biological parents. (3) The names and addresses of the adoptive parents. (4) The identity of any agency having files or information relating to that adoptive placement. (b) If the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include that affidavit with the other information. (Amended by Stats. 2019, Ch. 115, Sec. 137. (AB 1817) Effective January 1, 2020.)
  183. 9209.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    On application, the court must give an adult Indian adoptee certain tribal-related information and rights-related information; if confidentiality affidavits are in the record, the court must also explain that the Secretary of the Interior may certify membership-related information to the person’s tribe on request.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 7. Disclosure of Information [9200 - 9209] ( Chapter 7 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9209. (a) Upon application by an Indian individual who has reached the age of 18 years and who was the subject of an adoptive placement, the court which entered the final decree of adoption shall inform that individual of the tribal affiliation, if any, of the individual’s biological parents and provide any other information as may be necessary to protect any rights flowing from the individual’s tribal relationship, including, but not limited to, tribal membership rights or eligibility for federal or tribal programs or services available to Indians. (b) If the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall inform the individual that the Secretary of the Interior may, upon request, certify to the individual’s tribe that the individual’s parentage and other circumstances of birth entitle the individual to membership under the criteria established by the tribe. (Added by Stats. 2006, Ch. 838, Sec. 14. Effective January 1, 2007.)
  184. 9210.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Adoption Proceedings: Conflict of Laws [9210 - 9212] ( Chapter 8 added by Stats. 2002, Ch. 260, Sec. 8. )

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    A California court has jurisdiction over certain adoption proceedings for a minor only when one of the listed connection tests is met, and it must not act if a related custody or adoption case is already pending elsewhere, except in stated circumstances.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Adoption Proceedings: Conflict of Laws [9210 - 9212] ( Chapter 8 added by Stats. 2002, Ch. 260, Sec. 8. ) ## 9210. (a) Except as otherwise provided in subdivisions (b) and (c), a court of this state has jurisdiction over a proceeding for the adoption of a minor commenced under this part if any of the following applies: (1) Immediately before commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent, or another person acting as parent, for at least six consecutive months, excluding periods of temporary absence, or, in the case of a minor under six months of age, lived in this state with any of those individuals from soon after birth and there is available in this state substantial evidence concerning the minor’s present or future care. (2) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor’s present or future care. (3) The agency that placed the minor for adoption is located in this state and both of the following apply: (A) The minor and the minor’s parents, or the minor and the prospective adoptive parent, have a significant connection with this state. (B) There is available in this state substantial evidence concerning the minor’s present or future care. (4) The minor and the prospective adoptive parent are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected. (5) The minor was born in this state and either of the following apply: (A) A proceeding to free the minor from the custody and control of one or both parents is not required to make the minor available for adoption. (B) The proceeding to free the minor from the custody and control of one or both parents to make the minor available for adoption is being brought in this state. (6) It appears that no other state would have jurisdiction under requirements substantially in accordance with paragraphs (1) to (5), inclusive, or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and there is available in this state substantial evidence concerning the minor’s present or future care. (b) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if at the time the petition for adoption is filed a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with this part, unless the proceeding is stayed by the court of the other state because this state is a more appropriate forum or for another reason. (c) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor, unless both of the following apply: (1) The requirements for modifying an order of a court of another state under this part are met, the court of another state does not have jurisdiction over a proceeding for adoption substantially in conformity with paragraphs (1) to (5), inclusive, of subdivision (a), or the court of another state has declined to assume jurisdiction over a proceeding for adoption. (2) The court of this state has jurisdiction under this section over the proceeding for adoption. (d) For purposes of subdivisions (b) and (c), “a court of another state” includes, in the case of an Indian child, a tribal court having and exercising jurisdiction over a custody proceeding involving the Indian child. (e) Nothing in this section shall limit jurisdiction that is otherwise permitted under Part 5 (commencing with Section 7900) of Division 12. (Amended by Stats. 2025, Ch. 757, Sec. 3. (SB 450) Effective January 1, 2026.)
  185. 9212.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Adoption Proceedings: Conflict of Laws [9210 - 9212] ( Chapter 8 added by Stats. 2002, Ch. 260, Sec. 8. )

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    Sections 9210 and 9211 apply to interstate adoptions when the prospective adoptive parents live outside the state, but this section becomes operative only if Assembly Bill 746 is enacted.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 2. ADOPTION OF UNMARRIED MINORS [8600 - 9212] ( Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 8. Adoption Proceedings: Conflict of Laws [9210 - 9212] ( Chapter 8 added by Stats. 2002, Ch. 260, Sec. 8. ) ## 9212. (a) Sections 9210 and 9211 apply to interstate adoptions if the prospective adoptive parents reside outside of the state. (b) This section shall become operative only if Assembly Bill 746 of the 2001–02 Regular Session is enacted. If Assembly Bill 746 is not enacted, the application of Sections 9210 and 9211 is not intended to expand jurisdiction to apply to interstate adoptions if the prospective adoptive parents reside outside of the state. (Amended by Stats. 2003, Ch. 62, Sec. 90. Effective January 1, 2004.)
  186. 930.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Transitional Provisions [930 - 931] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section says the part on marital property liability applies, unless another statute provides otherwise, to separate property, community estate property, and a married person's personal liability for debts enforced on or after January 1, 1985.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Transitional Provisions [930 - 931] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 930. Except as otherwise provided by statute, this part governs the liability of separate property and property in the community estate and the personal liability of a married person for a debt enforced on or after January 1, 1985, regardless of whether the debt was incurred before, on, or after that date. (Amended by Stats. 1993, Ch. 219, Sec. 100.6. Effective January 1, 1994.)
  187. 9300.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section allows an adult to be adopted by another adult, including a stepparent, and says a married minor may be adopted the same way as an adult under this part.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9300. (a) An adult may be adopted by another adult, including a stepparent, as provided in this part. (b) A married minor may be adopted in the same manner as an adult under this part. (Amended by Stats. 1993, Ch. 266, Sec. 1. Effective January 1, 1994.)
  188. 9301.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A married person who is not lawfully separated from their spouse may not adopt an adult unless the spouse consents and is capable of giving that consent.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9301. A married person who is not lawfully separated from the person’s spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  189. 9302.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A married person who is not legally separated from a spouse cannot be adopted without the spouse’s consent, if the spouse can give consent.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9302. (a) A married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent. (b) The consent of the parents of the proposed adoptee, of the department, or of any other person is not required. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  190. 9303.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A person generally may not adopt more than one unrelated adult within one year, unless the court permits it for good cause or the proposed adoptee is a qualifying sibling or is disabled/physically handicapped.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9303. (a) Except as permitted by the court, upon a finding of good cause, a person shall not adopt more than one unrelated adult pursuant to this part within one year of the person’s adoption of an unrelated adult unless the proposed adoptee is the biological sibling of a person previously adopted pursuant to this part or unless the proposed adoptee is disabled or physically handicapped. An order finding good cause shall be in writing or stated on the record. (b) Except as permitted by the court, upon a finding of good cause, a person shall not adopt an unrelated adult pursuant to this part within one year of an adoption of another person pursuant to this part by the prospective adoptive parent’s spouse unless the proposed adoptee is a biological sibling of a person previously adopted pursuant to this part. An order finding good cause shall be in writing or stated on the record. (Amended by Stats. 2023, Ch. 478, Sec. 22. (AB 1756) Effective January 1, 2024.)
  191. 9304.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An adopted person under this part may take the adoptive parent’s family name.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9304. A person adopted pursuant to this part may take the family name of the adoptive parent. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  192. 9305.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    After adoption, the adoptee and the adoptive parent or parents must treat each other as parent and child, with the rights and duties of that relationship.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9305. After adoption, the adoptee and the adoptive parent or parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  193. 9306.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    Birth parents are generally relieved of parental duties, responsibilities, and rights when an adoption under this part becomes final, unless a stated exception applies.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9306. (a) Except as provided in subdivisions (b) and (c), the birth parents of a person adopted pursuant to this part are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted person, and have no right over the adopted person. (b) If an adult is adopted by the spouse of a birth parent, the parental rights and responsibilities of that birth parent are not affected by the adoption. (c) An adult being adopted pursuant to this part may waive the termination of the parental duties and responsibilities of an existing parent or parents under subdivision (a) by signing a waiver at any time prior to the finalization of the adoption. The waiver may be included in the adoption agreement or in a separate writing filed with the court. (Amended by Stats. 2019, Ch. 192, Sec. 3. (AB 1373) Effective January 1, 2020.)
  194. 9307.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may decide to open an adoption-related or parent-child-termination hearing to the public.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 1. General Provisions [9300 - 9307] ( Chapter 1 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9307. A hearing with regard to adoption under Chapter 2 (commencing with Section 9320) or termination of a parent and child relationship under Chapter 3 (commencing with Section 9340) may, in the discretion of the court, be open and public. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  195. 931.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Transitional Provisions [930 - 931] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The reimbursement rules in this part apply to all debts, including debts paid before, on, or after January 1, 1985.

    ## Family Code - FAM ## DIVISION 4. RIGHTS AND OBLIGATIONS DURING MARRIAGE [700 - 1620] ( Division 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. LIABILITY OF MARITAL PROPERTY [900 - 1000] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 4. Transitional Provisions [930 - 931] ( Chapter 4 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 931. The provisions of this part that govern reimbursement apply to all debts, regardless of whether satisfied before, on, or after January 1, 1985. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  196. 9320.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    An adult may adopt a younger adult, but not the prospective adoptive parent’s spouse, and the court must approve the adoption agreement.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9320. (a) An adult may adopt another adult who is younger, except the spouse of the prospective adoptive parent, by an adoption agreement approved by the court, as provided in this chapter. (b) The adoption agreement shall be in writing, executed by the prospective adoptive parent and the proposed adoptee, and shall state that the parties agree to assume toward each other the legal relationship of parent and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  197. 9321.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    A prospective adoptive parent and the proposed adoptee may file a petition for approval of the adoption agreement in the county where either of them lives.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9321. (a) The prospective adoptive parent and the proposed adoptee may file in the county in which either person resides a petition for approval of the adoption agreement. (b) The petition for approval of the adoption agreement shall state all of the following: (1) The length and nature of the relationship between the prospective adoptive parent and the proposed adoptee. (2) The degree of kinship, if any. (3) The reason the adoption is sought. (4) A statement as to why the adoption would be in the best interest of the prospective adoptive parent, the proposed adoptee, and the public. (5) The names and addresses of any living birth parents or adult children of the proposed adoptee. (6) Whether the prospective adoptive parent or the prospective adoptive parent’s spouse has previously adopted any other adult and, if so, the name of the adult, together with the date and place of the adoption. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  198. 9321.5.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    This section lets certain people file an adult adoption petition in specified counties.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9321.5. (a) Notwithstanding Section 9321, a person who is a resident of this state may file a petition for adult adoption with the court in any of the following: (1) The county in which the prospective adoptive parent resides. (2) The county in which the proposed adoptee was born or resides at the time the petition was filed. (3) The county in which an office of the public or private agency that placed the proposed adoptee for foster care or adoption as a minor or dependent child is located. (b) A petitioner who is not a resident of this state may file a petition for adult adoption with the court in a county specified in paragraph (3) of subdivision (a). (Added by renumbering Section 9213 by Stats. 2012, Ch. 162, Sec. 48. (SB 1171) Effective January 1, 2013.)
  199. 9322.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    When the petition for approval of the adoption agreement is filed, the court clerk must set the matter for hearing.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9322. When the petition for approval of the adoption agreement is filed, the court clerk shall set the matter for hearing. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
  200. 9323.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. )

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    The court may require notice of the hearing to be served on other interested persons, and any interested person may appear and object to the proposed adoption.

    ## Family Code - FAM ## DIVISION 13. ADOPTION [8500 - 9340] ( Division 13 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## PART 3. ADOPTION OF ADULTS AND MARRIED MINORS [9300 - 9340] ( Part 3 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## CHAPTER 2. Procedure for Adult Adoption [9320 - 9328] ( Chapter 2 enacted by Stats. 1992, Ch. 162, Sec. 10. ) ## 9323. The court may require notice of the time and place of the hearing to be served on any other interested person and any interested person may appear and object to the proposed adoption. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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