Adoption of Unmarried MinorsIntercountry Adoptions
Section § 8900
This California law outlines how intercountry adoption services must be conducted. Only private adoption agencies that are licensed and accredited can provide these services. Agencies must either be accredited by the Council on Accreditation or work under the supervision of an accredited primary provider. When agencies act as primary providers and use other supervised providers, they must have a written agreement detailing their partnership. This agreement must be shared with the department to ensure compliance with federal regulations.
Section § 8900.5
This section defines important terms related to international adoptions under the Hague Convention. An "accredited agency" is one approved to provide adoption services, while "adoption services" include finding children for adoption, arranging adoptions, and overseeing the adoption process. The "central authority" manages convention adoptions, with the U.S. State Department acting as the U.S. authority. "Convention adoption" refers to cases where a child moves between countries for adoption under the Hague Convention. Legal services involve offering advice and creating legal documents related to these adoptions. The law also defines terms like "primary provider," "public domestic authority," and "supervised provider," each with specific roles in the adoption process.
Section § 8901
Section § 8902
When adopting a child from another country and finalizing the adoption in California, an adoption agency must handle several duties. These include evaluating how suitable the applicant's home is, placing the child in an appropriate home, supervising after placement, submitting a report to the court recommending whether to approve the adoption, and offering services for adopting related children from abroad. The law highlights the importance of placing these children with relatives.
Section § 8903
This law outlines who is responsible for a child when an intercountry adoption is finalized in California. If a licensed adoption agency processes the adoption, they are responsible for the child's care as if they were adopted domestically. However, if the child's native country gives full guardianship to the adoptive parents, then the parents take on all responsibilities, including financial support. If either party fails their responsibilities and the child becomes dependent on the state, the state will cover the child's care costs. The child will also receive medical coverage through Medi-Cal if they don't qualify for other aid.
Section § 8904
This law outlines the responsibilities of a licensed adoption agency during an intercountry adoption finalized abroad. The agency must assess if the applicant's home is suitable, certify compliance with state intercountry adoption rules to U.S. Citizenship and Immigration Services, provide readoption services as required, and offer postadoption services if there's a written agreement for them.
Section § 8905
Adoption agencies in California can only partner with other adoption agencies, whether from the U.S. or abroad, if they have a written agreement detailing who does what. These agreements must follow all U.S. and California laws and regulations.
Section § 8906
This law clarifies that adoption agencies and adoptive parents can make financial agreements about sharing or transferring the costs related to the child when adopting.
Section § 8907
This law states that adoption agencies can charge fees for their services, and these fees are used to cover the costs of running their adoption programs. However, the schedule of these fees must be approved by the relevant department both the first time it is set up and whenever it changes.
Section § 8908
If you're applying to adopt a child through a licensed agency, you must get fingerprinted. The agency checks for any criminal history, though they can't consider minor traffic tickets. A full criminal record check is possible unless you've had certain convictions cleared. The Department of Justice is involved in handling federal checks and ensures that the agency knows if you're suited to adopt. If you or an adult in your home has past felony convictions related to abuse, violence, or recent offenses involving drugs or alcohol, you can't adopt. Any costs for these checks are usually your responsibility, but the agency might help if it becomes too costly and affects the child's well-being.
Section § 8909
This law requires that before an adoption can take place, the adoptive parents must receive and acknowledge a report on the child's medical history and, if available, the biological parents' medical history. The report should include detailed information about the child's current health, psychological status, and educational background. Biological parents are allowed, but not required, to provide a blood sample for DNA testing purposes, which will be stored for 30 years. This facilitates potential future identity details while maintaining anonymity. The adoptive parents or the adopted child can request DNA testing later. The cost of storing the blood sample is capped at $100. All information and results must be kept confidential and not reveal anyone's identity involved in the adoption process.
Section § 8910
This law outlines rules for moving a child who is being adopted. You can't move the child out of the county without written permission from the adoption agency unless you've filed to adopt them. During adoption proceedings, the child shouldn't be hidden from the adoption agency or court, and you can't move them out of the county without court permission. If an adoption agency objects, a court hearing is set up. This rule doesn't apply if the child is absent briefly or if certain consents are given. Violating this rule breaks another law, and nothing here overrules other unlawful acts.
Section § 8911
Section § 8912
If you live in California and are adopting a child from another country, you need to file your adoption request in a designated county. Immediately, the court will inform the state department about your case. Your adoption paperwork should include your names, but not the child’s. Instead, mention the child’s gender, birth date, and previous name. If the child is also part of a guardianship case, this must be noted and related documents should be attached. Any guardianship issues must be combined with the adoption process. Once adopted, the order will show the child's new and old names. If you have a postadoption contact agreement, make sure it’s signed and filed before the adoption is complete.
Section § 8913
Prospective adoptive parents and the child they wish to adopt must attend a court session as outlined in Sections 8612 and 8613.
Section § 8914
Section § 8915
Section § 8916
When adoptive parents want to cancel or end the adoption process, the court must immediately inform the main state adoption department. The agency that handled the adoption must then propose a new plan for the child's care and participate in court discussions on the child's behalf. Even if the adoption process is stopped, the court can still make decisions about what should happen to the child's custody if it's in their best interest.
Section § 8917
This section explains what happens if an adoption agency does not think a home is suitable for a child or doesn't have the necessary permissions for the adoption. If the agency recommends denying the adoption or if the petitioners want to withdraw their petition and the agency agrees, the court will step in for a review. The court will schedule a hearing and notify the adoption agency and the petitioners by certified mail. The adoption agency must attend the hearing to represent the child's interests.
Section § 8918
This law describes what happens during a court hearing when there's a decision to remove a child from a prospective adoptive home. If the adoption agency advises against the adoption, if the adoptive parents want to withdraw their petition, or if the court dismisses the petition and doesn't send the child back to their biological parents, the court must then place the child with a licensed adoption agency. This agency will help find a new adoptive home or make other suitable arrangements for the child.
Section § 8919
If you're a resident of California and have finalized an adoption in a foreign country, you need to formally file for a 'readoption' in the state within 60 days of the child's arrival in the U.S. or by their 16th birthday, whichever comes first. You must provide official adoption documents, a birth certificate, translations if needed, proof of the child's lawful entry, and reports from post-adoption visits and home studies. If you don't do this, the adoption agency must file instead, and you would cover the costs. The court will not grant the readoption without certain reports. Additionally, if there's any suspicion the child might be involved in human trafficking, authorities must be notified. Once approved, the State Registrar issues a delayed birth registration. Finally, you can get a California birth certificate for your child using specific Health and Safety Code sections.
Section § 8919.5
When a child adopted from another country arrives in California, the adoption agency must notify the California Department of Social Services within 14 days. If the agency doesn't report on time, the department can discipline the agency if it is licensed in California.
Section § 8920
This law allows a child who was adopted with siblings to ask a court to enforce or create a visitation agreement with those siblings, especially if they've been separated due to readoption in California. The court will consider how strong the relationship is between the siblings and whether it's beneficial for the child to have ongoing contact. The idea is to maintain the bond between siblings as much as possible since it can be important for the child’s well-being over the long term. 'Sibling' refers to both full and half-siblings, and 'readoption' means adopting a child from a group adopted together from another country by new parents in California.
Section § 8923
If you have a complaint about an agency or approved person involved in international adoptions, it needs to follow specific federal procedures. Adoption agencies must inform the state department about any such complaint. The state can take away the license of agencies that do not comply with these rules.
Section § 8924
This law outlines the steps that must be taken when a child is adopted from California to a country that is part of the Hague Adoption Convention. Agencies or approved individuals need to carry out a background study on the child and get all necessary consents following federal and state guidelines. If the child is 12 or older, the agency should consider their wishes. Relevant documents must be sent to the U.S. Department of State or the child's destination country. The law also emphasizes maintaining communication with the foreign country's authorities and reporting to the U.S. Secretary as needed.
Section § 8925
This law states that if you have a Hague adoption certificate or a Hague custody declaration, it will be accepted as a valid final adoption in California for all state and local legal purposes. This applies to cases where children are being adopted or placed in custody internationally.