Adoption of Unmarried MinorsGeneral Provisions
Section § 8600
An unmarried minor can be adopted by an adult according to the rules in this section.
Section § 8600.5
This law states that tribal customary adoption, which involves specific procedures for adopting Indian children who are under court custody, is not covered or applicable within this particular section.
Section § 8601
In general, if you're looking to adopt a child, you need to be at least 10 years older than the child. However, there are exceptions for close family members like stepparents, siblings, aunts, uncles, or first cousins. If the court believes the adoption is good for everyone and benefits society, they can approve it even if the age difference rule isn't met.
Section § 8601.5
This law allows a court to finalize an adoption retroactively, known as 'nunc pro tunc,' to benefit the child and support public policy, especially if delays were outside the family's control. The request for this type of adoption order must clearly explain why it's needed. While the adoption can be dated back, any impact on the child's eligibility for public benefits is assessed based on the actual date the adoption is finalized in court. The retroactive date can't be earlier than when the birth parents' rights were terminated.
Section § 8602
Section § 8603
If you are married and want to adopt a child, your spouse has to agree, unless they can't be found or aren't able to consent. Their agreement doesn't automatically make them a parent unless they also file paperwork with the court and are named in the adoption final order. If they can't be located or can't give consent, the court can allow you to proceed without their agreement, but they won't be recognized as an adoptive parent.
Section § 8604
This law deals with consent and conditions for the adoption of a child who has a presumed father. Generally, a child's birth parents must consent to adoption unless certain exceptions apply, such as the presumed father's lack of involvement prior to certain legal moments. If one parent has custody and the other parent fails to communicate or support the child for a year, the custodial parent alone may consent to adoption, pending legal notice to the non-custodial parent. A lack of communication or support from a parent is usually taken as intentional. Additionally, if a birth mother leaves a child with an adoption agency or adoptive parent without finalizing adoption paperwork, the court can issue a temporary custody order for up to six months, which the mother can terminate by requesting the child’s return.
Section § 8605
If a child doesn’t have a legally recognized father, the child’s mother must give her permission before the child can be adopted, as long as she is alive.
Section § 8606
California law states that a birth parent's consent for adoption may not be required in certain situations. These include if a court has taken away the parent's custody rights, if the parent voluntarily gives up custody in another place, if the parent abandons the child without leaving any ID details, or if the parent gives the child up for adoption either in California or through an agency outside the state.
Section § 8606.5
This law focuses on the adoption process for Indian children, referring to specific requirements for parental consent. For the consent to be valid, it must be written and recorded at least 10 days after the child's birth, and a judge must confirm the parent fully understood the consent's terms and implications. Before an adoption is finalized, parents can withdraw their consent for any reason, and the child must be returned. After finalization, a parent can only withdraw consent if it was obtained by fraud or pressure, and the court can cancel the adoption if fraud or pressure is proven—except for adoptions effective for over two years, unless state law allows otherwise.
Section § 8607
This law requires that any forms used by a health facility to allow an infant to be released to someone besides the legal custodian must include certain information. These forms need to explain the different types of adoptions available and the rights of the birth parents, like their rights to change their mind about giving the child up for adoption. The forms must also mention that a court can decide whether the child has been abandoned by the parents.
Section § 8608
This law requires the relevant department in California to set rules about the forms and reports used in adoption cases. These forms must include questions to gather information about any genetic or hereditary illnesses. Additionally, all adoption agencies must work together to ensure that important medical information is discretely and effectively shared with adoptees or prospective adoptive parents when requested.
Section § 8609
This law states that anyone who advertises or tries to find adoptive parents for children without a proper license is committing a crime, specifically a misdemeanor. There are a few exceptions to this rule: if the person or group is a licensed adoption agency, if they're exempt from needing a license under specific conditions in another law, or if the person is the child's legal parent. Acting like an adoption agency without a valid license is also considered illegal unless some other law says it's allowed.
Section § 8609.5
If you want to adopt or readopt a nondependent minor in California, you can file the adoption request in the county where certain conditions are met. This can be where you live, where the child was born or currently lives, or where an adoption agency's office is. It can also be where the birth parents were living at the time of signing adoption-related documents or when the child was legally freed for adoption.
Section § 8610
If you're adopting a child in California, you must give the court a detailed report of all money or valuable things given or promised for the child's birth, placement, medical care, or adoption costs. This report must be truthful and submitted by the adoption hearing date unless you get more time. The report should include dates and details of payments and who received them, like doctors or adoption agencies. However, these rules don't apply if a stepparent is adopting and one legal parent still has custody.
Section § 8611
This law requires that all court hearings related to adoption must be conducted privately. Only certain individuals are allowed to be present, including court officers, the people involved in the adoption, their witnesses, lawyers, and agency representatives involved in the adoption process.
Section § 8612
This law explains that during adoption proceedings, the court will talk to everyone involved, usually with everyone in the same room unless the court decides otherwise. The people looking to adopt must sign a document agreeing to treat the child as their own. If the court believes the adoption is in the child's best interest, it can approve the adoption.
Section § 8613
This law covers how a prospective adoptive parent who is unable to appear in person due to military service or similar responsibilities can still participate in adoption proceedings. If they can't be there in person because of their service duties, they can have a lawyer represent them instead. The lawyer can sign documents on their behalf, or the documents can be signed in front of a notary. The court might want to interview the adoptive parent through a deposition, like a recorded testimony, which the adoptive parent must pay for. All related documents must be filed with the court clerk. These rules also apply to the spouse if they live outside the state with the adoptive parent. If neither parent appears, the child doesn't have to appear either, but the court needs a report filed before making an adoption order.
Section § 8613.5
This law outlines the circumstances under which prospective adoptive parents in California don't have to appear in person at court hearings. If it's impossible or very difficult for them to attend, the court can allow them to be represented by a lawyer or to appear via phone or video call. However, if the reason for not appearing in person is temporary, this exemption isn't granted. Legal documents related to the adoption, such as agreements or powers of attorney, can be executed by the lawyer, before a notary, or other authorized persons. The law also states that if adoptive parents aren't required to appear, the child doesn’t have to be there either. Finally, the court can't finalize an adoption without a report if no parties appear at the hearing.
Section § 8613.7
If you're adopting a child in California, starting January 1, 2014, the court will give you a notice about potential healthcare options. This notice will let you know that you might qualify for affordable health insurance through the California Health Benefit Exchange or free coverage through Medi-Cal. It also provides details on how to get this coverage, and the notice is created by the California Health Benefit Exchange.
Section § 8614
If adoptive parents or the adopted child ask, the court can provide a certificate that includes adoption details like date, place, child's birthday, adoptive parents' names, and the child's new name. However, this certificate won't include the birth parents' names unless a stepparent or close relative adopted the child.
Section § 8615
This law allows a person who has adopted a child to get a new birth certificate for the child. The new birth certificate can name the adoptive parent's deceased spouse as a parent, as long as the spouse lived in the home when the child was first placed there. This can be requested in the county where the petitioner lives. However, naming the deceased spouse on the birth certificate doesn't affect any inheritance matters or prove any legal relationship for succession purposes.
Section § 8616
Once a child is adopted, both the child and the adoptive parents legally become like any other parent and child. This means they gain all the rights and responsibilities that come with a normal parent-child relationship.
Section § 8616.5
This law explains that adopted children might benefit from continued contact with their birth family or tribe. It allows adoptive parents and birth relatives to create voluntary agreements for postadoption contact if deemed good for the child. These agreements can include visitation, sharing information, or future contact. The child must agree to the terms if they are 12 or older. The law states that adoption can't be annulled if the agreement is breached, and any disputes require mediation before involving the court. Modifications require agreement from all parties, and any changes must be in the child's best interest. Each party is responsible for their mediation costs, and courts will not overturn adoption due to disputes over these agreements, particularly involving Indian children, to respect cultural ties.
Section § 8617
This law states that once a child is adopted, the child's original parents no longer have any legal responsibilities or rights regarding the child. However, if both the original and adoptive parents agree, they can sign a waiver to delay or prevent this transfer of responsibilities until the adoption is finalized. This rule doesn't apply to international adoptions, which have their own regulations.
Section § 8618
If a child is adopted, they can take the last name of their new adoptive parent.
Section § 8619
This law requires that when a parent of Indian ancestry is giving up a child for adoption, they must provide certain information so a certificate confirming the child's degree of Indian blood can be obtained from the Bureau of Indian Affairs. The department responsible must seek this certificate quickly and store all related documents safely in adoption files. These records are kept for determining the adopted person's right to tribal services or benefits and can be accessed by them once they become an adult.
Section § 8619.5
If an adoption of an Indian child is canceled or the adoptive parent agrees to end their parental rights, the child's biological parent or former Indian custodian can ask for the child back. The court will approve this request unless it is proven that it's not in the child's best interest, according to rules from the Indian Child Welfare Act.
Section § 8620
This law ensures that if a child being given up for adoption may be of Native American descent, adoption agencies must ask the parents or guardians about the child's potential tribal affiliations. They are required to gather detailed family information and notify any relevant Indian tribes to confirm the child's status. If a tribe confirms the child's membership, they can participate in the adoption proceedings. Parents of an Indian child can take back their consent to adoption before the final decision. Adoption laws allow ongoing contact between the child and the tribe if it's in the child's best interest. Falsifying information about the child's tribal status can lead to hefty fines, especially in cases of repeated offenses.
Section § 8621
This law section describes how California's Department of Social Services must create and enforce rules related to adoption services. They need to ensure that both government and private agencies follow these rules. If anyone breaks them, the department must report it. Additionally, the department can use temporary measures like letters or directives to control these services while official rules are being finalized.
Section § 8622
This law requires private adoption agencies that serve specific groups of people to tell birth and adoptive parents about any restrictions on their services before starting any work, asking for fees, or signing any documents. These rules have been in effect since January 1, 1995.
Section § 8623
Any adoption facilitators listed in California's statewide registry as of July 1, 2023, must stop their operations by December 31, 2023. If they continue after this date, they will be considered unlicensed adoption agencies, which is against the rules.
Section § 8624
This law allows people who are harmed by an unlicensed adoption agency or related violations to sue for various remedies like damages or stopping certain actions. If someone is found to have violated the rules, they must pay damages, which could be three times the loss or $2,500 per violation, whichever is more. Winning parties can also get their attorney's fees covered. Government officials can take action against these agencies too, and anyone with a reasonable claim can seek court orders to stop these violations and work with law enforcement.
Section § 8625
This law requires the California Department of Social Services to educate the public about the prohibition of unlicensed adoption agencies, known as 'adoption facilitators', starting January 1, 2024. It mandates a web section to inform people about this ban and lists registered adoption facilitators as of December 31, 2023. The department must notify facilitators, as of July 1, 2023, to cease operations and publish a public notice about this change. Facilitators must also inform their clients and provide details on licensed adoption services they can use instead.