Adoption of Unmarried MinorsAgency Adoptions
Section § 8700
This law explains how a parent can legally give up their child for adoption. A parent can sign a written statement to relinquish their rights to an adoption agency, which must be witnessed and acknowledged by agency officials. Even if the parent is a minor, they can still make this decision, and their parents don't have to be notified unless the minor parent says so. If a parent lives outside of California, the process involves signing forms with a notary and sometimes a social worker, after receiving counseling about the implications. The relinquishment becomes final once the adoption agencies file it, and parents can't take back the decision, except under specific circumstances described. If the child isn't placed with the intended adoptive parents, or is removed, the birth parent has a 30-day window to change their mind. Finally, the process ends parental responsibilities, and rules are in place to ensure everything is done legally and fairly.
Section § 8700.5
This California law deals with how a birth parent can waive their right to revoke (take back) the decision to place their child for adoption. The waiver can be signed in front of various authorized folks, like adoption agency reps or a judge, especially if the birth parent has their own lawyer. Before signing, there usually needs to be an interview explaining the waiver and its consequences. Once signed, the decision becomes final and can't be undone, unless specific conditions make the waiver void, like if the original decision was invalid. The law ensures the birth parent understands that giving up their rights is permanent unless certain exceptions apply.
Section § 8701
When a birth parent is giving up their child for adoption, the adoption agency must tell them, both in speech and writing, that they can later find out how the adoption is going. This includes whether the child has been placed for adoption, when the adoption was finished, or if there were any issues that might mean the adoption was canceled or not completed. However, they won’t get any personal details about the adoptive family.
Section § 8702
This law requires that when birth parents give up a child for adoption, they receive a detailed statement and form explaining important steps and rights in the adoption process. Birth parents should update the adoption agency about any health issues that might affect the child and keep their contact information current. They need to decide whether they want their name and address disclosed to the adoptee once the adoptee turns 21, and can change this decision anytime with a notarized letter. Information about the relinquishment is confidential and only accessible with a court order.
Section § 8703
This section explains that when a birth parent's rights are legally terminated, the agency handling the child's adoption must send a notice to the birth parent, if their address is known. The notice encourages the birth parent to keep the agency informed of their current address for potential future inquiries about the child's medical or social history. The notice also informs the birth parent that once the child turns 21, they can request to know the birth parent's name and address. The birth parent must indicate if they agree to share this information or not using a checklist.
Section § 8704
This law specifies that until a child’s adoption is finalized, the agency that became responsible for the child after their parents relinquished rights or had those rights terminated will maintain custody. These agencies can change temporary care arrangements as they see fit before the adoption is final. Additionally, only the adoptive parents chosen by the agency can file to adopt the child. If the agency wants to remove the child after an adoption petition is filed, it must get court approval and provide a valid reason. Even if the agency disagrees with the adoptive parents, the court can order the adoption if it believes doing so is best for the child.
Section § 8704.5
This section explains that a foster care license is not needed if a child, given up for adoption, is placed with approved adoptive parents via a licensed private adoption agency. However, the agency must visit the home at least every 30 days to supervise until the adoption is finalized.
Section § 8705
If a child is in the care of a public or licensed adoption agency and the people who would normally need to consent to the adoption have passed away, the agency can ask the court for legal custody and the right to put the child up for adoption. The agency must inform all known relatives of the child up to the third degree of relation. However, this doesn't apply if a guardian for the child was named in a will.
Section § 8706
This law requires that before a child can be placed for adoption by an agency, the prospective adoptive parents must receive a report detailing the child's medical history and, if possible, the biological parents' medical background. This report includes medical records, psychological assessments, and education-related information. The biological parents may choose to provide a blood sample, which would be stored for 30 years, allowing for future DNA testing if needed, but not providing this blood sample does not stop the adoption from proceeding. The storage and use of this blood sample must keep the identities of those involved in the adoption confidential.
Section § 8707
This section mandates the creation of a photo-listing service for children eligible for adoption in California. It requires adoption agencies to provide updated photos and descriptions of children legally freed for adoption and aims to facilitate the matching of these children with adoptive families. The service must update child listings within 30 days of new information and share the listings with relevant agencies. There are circumstances where a child may be deferred from the listing, such as ongoing adoption processes with foster parents or if a child over 12 does not consent to adoption. The regulation also requires regular updates and monitoring to ensure compliance.
Section § 8707.1
This law requires agencies looking for adoptive parents to try hard to find people from diverse ethnic, racial, and cultural backgrounds to match the diversity of the children needing adoption. It also clarifies that this requirement does not change how the federal Indian Child Welfare Act is applied.
Section § 8708
This law makes sure that adoption agencies in California can't discriminate or delay adoptions because of race, color, or national origin, either of the child or the adoptive parents. Also, an adoption shouldn't be delayed just because the adoptive family lives outside the agency's area. However, California must check that other states' adoption standards match California's standards. This law does not interfere with the federal Indian Child Welfare Act, which has its own rules.
Section § 8709
The law allows adoption agencies to consider a child's religious background when finding a suitable adoptive home once the child is eligible for adoption. However, it clarifies that this does not change any rules under the federal Indian Child Welfare Act, which protects the best interests of Native American children.
Section § 8710
If a child is up for adoption, agencies should first try to place them with relatives, or for Native American children, according to specific cultural preferences. If placing the child with relatives isn't possible or in their best interest, and they've been with foster parents for over four months, have strong emotional bonds, and would be seriously harmed by moving, those foster parents can apply to adopt. For Native American children, any deviation from cultural placement preferences must be clearly justified. This rule doesn't apply to children already declared dependents by the court, and any move to place a child with relatives or siblings considers the child's best interests.
Section § 8710.1
If there's no adoption plan for a child within a certain adoption agency's area, the agency must register the child with a statewide system to help find an adoptive family.
Section § 8710.2
This law requires the department to set up a statewide system that matches children waiting for adoption with approved adoptive families. This is to prevent delays or denials in the adoption process. The department can create a new system, update an existing one, or use a current system for this purpose.
Section § 8710.3
This law says that if an adoption agency approves a family for adopting a child who is a dependent of the juvenile court, they must register the family in a statewide system unless the family doesn't agree to it or they already have specific children in mind to adopt.
Section § 8710.4
This section ensures that adoption agency workers in California have secure access to information about families and children registered with the state's adoption exchange system. The information is available through the Internet, phone, and fax, but it must remain confidential. It can only be shared with adoption agency personnel unless the birth parents or the court give written permission to disclose it to others.
Section § 8711
This law specifies that certain rules, listed in Sections 8708 to 8710.4, are only relevant when deciding where to place a child who is either given up for adoption or legally no longer under the control of their birth parents.
Section § 8711.5
This section says that the department needs to create regulations to implement and manage the rules from Sections 8708 to 8711.
Section § 8712
Before adopting a child, everyone applying must be fingerprinted and have a criminal background check. Agencies can access a person’s full criminal record but not old convictions that have been cleared. They check for both out-of-state and federal criminal history, with the Department of Justice handling the process. Any past crimes are considered when deciding if someone is a good fit to adopt. No final approval is given if the person has a conviction that cannot be forgiven under certain health and safety laws. Applicants must pay any fingerprinting or criminal record fees, but these can be reduced or waived in cases of economic hardship, especially with special-needs adoptions or where the child has been with the family for over a year.
Section § 8713
This law prevents moving a child who is being adopted out of their current county or hiding them from authorities during adoption proceedings without the necessary permissions. If someone wants to move the child, they need approval from the involved adoption agency or the court. Notification has to be given to relevant parties, and if no one objects within 15 days, the court may approve the move unless objections are raised and deemed valid. Exceptions exist for short absences or if the child is with their birth parent. Violating this can lead to criminal charges under another law.
Section § 8714
If you want to adopt a child in California, you can file an adoption request in certain counties. If the child is a dependent of the juvenile court, there are specific counties where you can file this request. You must inform the state department in Sacramento about your adoption process. If you have an agreement for contact after the adoption, you need to file that with the court before finalizing the adoption. The adoption petition must include your names, the child's sex, birth date, but not the child's current name. If there's a guardianship involved, you need to mention it in the petition and combine those proceedings with the adoption. The final adoption order will show both the child's new and old names.
Section § 8714.5
This law aims to make it easier for relatives to adopt children who can't return to their parents. It allows relatives to begin adoption proceedings in their local county or where the child was marked for adoption. The court must inform the State Department of Social Services when a relative files an adoption petition. If there's an agreement between a birth parent and the adopting relative for contact after adoption, it has to be included with the petition. The petition must have details like the child’s name and birth information. If there are any guardianship issues, the adoption and guardianship cases must be handled together. After adoption, the child can have a new name or keep their old one if desired. A "relative" includes adults related by blood, marriage, or legal connections, like step-relations and in-laws.
Section § 8715
This section describes the reporting requirements for agencies involved in adoption cases in California. Agencies must submit a detailed report to the court on the adoption case's facts. If the child was previously a dependent of the juvenile court and is now up for adoption, the report must cover compliance with specific sections of the Welfare and Institutions Code regarding any plans for contact with siblings. If there's a postadoption contact agreement, the report must verify it was voluntary and in the child's best interest. Additionally, out-of-state petitioners must have a current home study report endorsed by local agencies upon meeting California standards.
Section § 8716
If you want to adopt a child through a county or state adoption agency, you might be asked to pay a fee of $500 when they submit a positive report about you to the court. However, this fee can be reduced or skipped altogether if paying it would cause financial hardship and negatively affect the child, if the child has been in your foster care for over a year, or if it's necessary for the adoption of a child with special needs.
Section § 8717
This law states that when an adoption report is submitted to the court, a copy must be given to the petitioner's lawyer or directly to the petitioner if they don't have a lawyer. This applies whether the report is positive or negative.
Section § 8718
Prospective adoptive parents and the child they wish to adopt must attend a court session as outlined in Sections 8612 and 8613.
Section § 8719
If the people trying to adopt decide to stop or cancel the adoption process, the court has to quickly tell the main adoption department in Sacramento about their decision.
Section § 8720
This law says that if the agency handling an adoption thinks the home isn't suitable for the child or if necessary consents are missing, they can recommend denying the adoption petition. If so, or if the petitioners want to withdraw, the court must review the situation. The court will set a date for a hearing and inform all parties involved, including the agencies and potentially the birth parents. The agencies must show up at the hearing to represent the child's interests.