California's Adoption Laws

Adoption Records

 

California

Statute: §§ 11170(b)(1)-(6),(c)-(e); 11170.5(a)

Records Confidential: Yes

Persons with access to records

• CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Reporters of Abuse

• Employers

• Parents/Guardians

• Review Teams

• Subject of Reports

Persons without access to records

• Grand Juries

• Researchers

• Coroners

• Treatment Providers

• Public/Any Person

Other Licensed adoption agency Child-placing agency

© This information is from the National Adoption Information Clearinghouse.

Consent to Adoption

In the case of an independent adoption, the birth mother must meet with an adoption service provider once prior to meeting to sign the consent. The time between these two meetings must be 10 days. If using an adoption agency,the 10-day period does not apply. An adoption agency representative may meet with the birth mother any time following the birth of the child to sign the consent for adoption. Bethany waits until BM is discharged to do consents. KE--2/26/08

Pre-consents are not allowed in the state of California.

Revocation Time Frame in California

In the case of an independent adoption, the birth mother has 30 days from the signing of the consent to revoke it. If using an adoption agency, the consent is irrevocable upon signing.

Parties to an Adoption

California

Who May Adopt

Statute: Family Code §§ 8600; 8601

An adult at least 10 years older than the child, except under conditions specified

Who May Be Adopted

Statute: Family Code § 8600

An unmarried minor

Who May Place a Child for Adoption

Statute: Family Code §§ 8801.5; 8704

• The child's birth parent

• A licensed adoption agency

• The department

© This information is from the National Adoption Information Clearinghouse.

Birth Father Statutes

Does State have a Putative Father Registry: No

Registry/Paternity Requirements to Receive Notice
Statute: Fam. Code §§ 7662; 7663; 7666

Information Contained in Registry/Claim
Statute:

Revocation of Claim to Paternity
Statute:

Access to Information Maintained in Registry
Statute:

© This information is from the National Adoption Information Clearinghouse.

Adoption Expenses

California

Birth Parent Expenses Allowed Statute: Fam. Code §§ 8610; 8812

  1. • Services related to adoption
  2. • Medical or hospital care for birth mother or child
  3. • Attorney's fees
  4. • Counseling fees
  5. • Living expenses

The birth parent must request in writing any payment for expenses.

Birth Parent Expenses Not Allowed Statute: Penal Code § 273(d)

 It is unlawful for the birth mother to receive payments that exceed reasonable maternity-related and living expenses.

Allowable Payments for Arranging Adoption Statute: Penal Code § 273(a) 

It is unlawful for any person or agency to receive payment for the placement or consent to an adoption of a child.

Allowable Payments for Relinquishing Child Statute: Penal Code § 273

 A mother may not receive payment for expenses:

  1. • If it is contingent on giving consent
  2. • There is intent not to consent or complete adoption
  3. • She receives payment from more than one adoptive family

Allowable Fees Charged by Department/Agency Statute: Fam. Code § 8810

  1. • The petitioner shall pay to the department or the adoption agency shall charge $2,950 for the cost of investigating an adoption petition.
  2. • Petitioners who have a valid preplacement evaluation shall be charged $775 for a post-placement evaluation.
  3. • A fee may be deferred, reduced, or waived for economic hardship.

Accounting of Expenses Required by Court Statute: Fam. Code §§ 8610; 8812 

A full accounting report shall be filed with the court, itemized in detail, including receipts from the birth parent for any expenses paid.

© This information is from the National Adoption Information Clearinghouse.

International Expenses

Statutes Include Information on International Adoption: Yes

Effect of Foreign Adoption Decree:

Validation of Foreign Adoption:
California Family Code § 8919 (2001)
(a) Re-adoption required if required by U.S. Immigration and Naturalization Service. (b) Re-adoption allowed

© This information is from the National Adoption Information Clearinghouse.

General Adoption Statutes

California

Agency or Person Gathering Information or Preparing Report Statute: Fam. Code §§ 8706; 8817

  1. • State Department of Social Services
  2. • County adoption agency

Contents of Report About Person to be Adopted Statute: Fam. Code §§ 8706; 8817

  1. • Medical background
  2. • Psychological evaluation
  3. • Scholastic development
  4. • Developmental history and family life

Contents of Report About Birth Parents Statute: Fam. Code § 8817

  1. • Medical background
  2. • May provide blood samples for DNA testing

Contents of Report About Adoptive Parents Statute: Fam. Code § 8908

  1. • Criminal background check
  2. • Assessment of ability to provide adequate and proper care and guidance

© This information is from the National Adoption Information Clearinghouse.

If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

Other Aspects of California Adoption Law


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