Vacation Of Adoption - Adoption Of Unmarried Minors - Family Law - CA

Section § 9100

If adoptive parents find out that a child they adopted has a developmental disability or mental illness, which was not known to them before adoption, they can file a petition to undo the adoption. This must be done within five years of the adoption order.

The court must be convinced of these facts to cancel the adoption, and a report must be filed by the state's department within 60 days of notification about the petition. The department will also represent the child in court and may access case files to fulfill these duties.

(a) If a child adopted pursuant to the law of this state shows evidence of a developmental disability or mental illness as a result of conditions existing before the adoption to an extent that the child cannot be relinquished to an adoption agency on the grounds that a plan of adoption is not currently suitable, and of which conditions the adoptive parents or parent had no knowledge or notice before the entry of the order of adoption, a petition setting forth those facts may be filed by the adoptive parents or parent with the court that granted the adoption petition. If these facts are proved to the satisfaction of the court, it may make an order setting aside the order of adoption.

(b) The petition shall be filed within five years after the entry of the order of adoption.

(c)

(1) The court clerk shall immediately notify the department at Sacramento of the petition. Within 60 days after the notice, the department shall file a full report with the court and shall appear before the court for the purpose of representing the adopted child.

(2) Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, may be inspected and copied by the department for the purpose of completing the duties pursuant to this subdivision.

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Section § 9101

This law says that if an adoption is canceled, the court can ask government officials, like the district attorney or welfare department, to take necessary actions for the child's welfare. Additionally, the court can make decisions about who takes care of the child while things are being sorted out. The county that processed the adoption has to support the child financially until the child can support themselves.

(a) If an order of adoption is set aside as provided in Section 9100, the court making the order shall direct the district attorney, the county counsel, or the county welfare department to take appropriate action under the Welfare and Institutions Code. The court may also make any order relative to the care, custody, or confinement of the child pending the proceeding the court sees fit.

(b) The county in which the proceeding for adoption was had is liable for the child’s support until the child is able to be self-supporting.

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Section § 9102

If someone wants to challenge and undo an adoption order, they must do it within a year of the order being made, unless they claim fraud. Fraud claims have a three-year limit or must be filed 90 days after the fraud is discovered, whichever is sooner. Before undoing an adoption, the court will check if the reasons are enough and will consider what's best for the child. The department is not required to look into or take sides on these cases.

(a) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, shall be commenced within one year after entry of the order.

(b) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or nullify an order of adoption, based on fraud, shall be commenced within three years after entry of the order, or within 90 days of discovery of the fraud, whichever is earlier.

(c) In any action to set aside an order of adoption pursuant to this section or Section 9100, the court shall first determine whether the facts presented are legally sufficient to set aside the order of adoption. If the facts are not legally sufficient, the petition shall be denied. If the facts are legally sufficient, the court’s final ruling on the matter shall take into consideration the best interests of the child, in conjunction with all other factors required by law.

(d) The department shall not be required under any circumstances to investigate a petition filed pursuant to this section or to represent a child who is the subject of a proceeding under this section.

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