California's Adoption Laws
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.
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 CaliforniaIn 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.
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.
Does State have a Putative Father Registry: No
Registry/Paternity Requirements to Receive Notice
Statute: Fam. Code §§ 7662; 7663; 7666
- Must bring an action declaring the existence of a father child relationship within 30 days of service of the notice of adoption proceedings or the birth of the child, whichever is later.
- To identify the natural father, the court shall cause inquiry to be made of the birth mother and any other appropriate person.
- Notice given at least 10 days prior to a proceeding to every person identified as the natural father or a possible natural father.
Information Contained in Registry/Claim
Statute:
- Not addressed in statutes reviewed.
Revocation of Claim to Paternity
Statute:
- Not addressed in statutes reviewed.
Access to Information Maintained in Registry
Statute:
- Not addressed in statutes reviewed.
© This information is from the National Adoption Information Clearinghouse.
California
Birth Parent Expenses Allowed Statute: Fam. Code §§ 8610; 8812
-
• Services related to adoption
-
• Medical or hospital care for
birth mother or child
-
• Attorney's fees
-
• Counseling fees
-
• Living expenses
The birth parent must request in writing any payment for
expenses.
Birth Parent Expenses Not Allowed 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:
-
• If it is contingent on giving
consent
-
• There is intent not to consent
or complete adoption
-
• She receives payment from more
than one adoptive family
Allowable Fees Charged by Department/Agency Statute: Fam. Code
§ 8810
-
• The petitioner shall pay to the
department or the adoption agency shall charge $2,950 for the cost of
investigating an adoption petition.
-
• Petitioners who have a valid
preplacement evaluation shall be charged $775 for a post-placement evaluation.
-
• 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.
Statutes Include Information on International Adoption: Yes
Effect of Foreign Adoption Decree:
- Not addressed in statutes reviewed.
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.
California
Agency or Person Gathering Information
or Preparing Report Statute: Fam. Code §§ 8706; 8817
- • State Department of Social Services
- • County adoption agency
Contents of Report About Person to be
Adopted Statute: Fam. Code §§ 8706; 8817
- • Medical background
- • Psychological evaluation
- • Scholastic development
- • Developmental history and family life
Contents of Report About Birth Parents
Statute: Fam. Code § 8817
- • Medical background
- • May provide blood samples for DNA testing
Contents of Report About Adoptive
Parents Statute: Fam. Code § 8908
- • Criminal background check
- • 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.
American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.
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