AdoptionDefinitions
Section § 8500
This section explains that the meanings of words and phrases in this division of the family law code are determined by the definitions given in this particular part, unless it's specifically stated otherwise.
Section § 8502
This section defines what counts as an “adoption service provider” in California. It can include licensed private adoption agencies, or individuals like licensed social workers, marriage and family therapists, and professional clinical counselors, provided they have five years of relevant experience. It also lays out conditions under which a birth parent might use independent legal counsel as an adoption service provider if there aren't enough service providers available. For a provider to be considered 'reasonably available,' they must be able to meet with the birth parent quickly, be within 100 miles, and cost no more than $500 for certain services. Lastly, if an attorney steps in as a provider, their fee for advising and witnessing signatures cannot exceed $500.
Section § 8503
An adoptive parent is someone who has legally adopted either a child or an adult.
Section § 8506
Agency adoption refers to the process of adopting a minor, not from another country, where the department or a licensed or county adoption agency is involved in the adoption process or supports the adoption request.
Section § 8509
An 'applicant' is someone who has filled out a written application to adopt a child and is being considered by an adoption agency for the child's placement with them.
Section § 8512
This law defines a 'birth parent' as either the biological parent or, if the person was adopted, the adoptive parent.
Section § 8513
This law defines a "county adoption agency" as an adoption agency that is managed by a county or by multiple counties working together.
Section § 8514
This law specifies that when the term 'days' is used, it refers to calendar days, unless it is explicitly stated otherwise in a given situation.
Section § 8515
A 'delegated county adoption agency' is a county agency that has agreed to offer certain adoption services outlined in another part of the law.
Section § 8518
This section defines the term “Department” as the State Department of Social Services.
Section § 8521
This law defines what a "full-service adoption agency" is and outlines its responsibilities. These agencies take over care of children when parental rights are relinquished or terminated, assess involved parties, place children for adoption, and supervise these placements. They also recruit adoptive parents and can act as intermediaries in adoptions. Private agencies must be nonprofit, and to handle international adoptions, they must have certain accreditations or oversight in accordance with regulations.
Section § 8524
This law defines 'independent adoption' as a type of adoption where the adoption agencies or department are not involved in the adoption process or petition.
Section § 8527
An intercountry adoption is when someone adopts a child who is born in another country, and this child can get a special U.S. immigration visa. The adoption can be finalized either in the child's home country or in California.
Section § 8530
This section defines what a 'licensed adoption agency' is. It refers to any agency that is officially licensed to provide certain adoption services, as outlined elsewhere in the Health and Safety Code.
Section § 8533
A noncustodial adoption agency in California is a licensed nonprofit group that helps with adoptions. They assess potential adoptive parents, match them with children available for adoption, and supervise the placements in cooperation with a full-service adoption agency. They can't disrupt or remove children from these placements. These agencies also find adoptive parents and connect adoption parties. For intercountry adoptions, they need special accreditation or supervision according to federal regulations.
Section § 8539
This law explains what "place for adoption" means in independent adoptions in California. It describes when birth parents choose who will adopt their child by completing a specific adoption agreement form set by the department. This law came into effect on January 1, 1995.
Section § 8542
The term 'prospective adoptive parent' refers to someone who has either already filed or plans to file paperwork to adopt a child or adult. This includes cases where the person is taking care of the child or plans to adopt an adult.
Section § 8543
A 'qualified court investigator' is someone who works for the superior court and has the same basic qualifications as a probation officer or a county welfare worker. They are responsible for investigating cases where a stepparent wants to adopt a child or where it's necessary to decide if a child should be freed from their biological parents' custody and control.
Section § 8545
A 'special needs child' is defined as one who cannot return to their parent's home due to legal reasons and has specific challenges making adoption difficult. These challenges can include being part of a sibling group, racial or language barriers, being over the age of three, or having specific medical or behavioral backgrounds. Additionally, if the child has a certified mental, emotional, or physical disability, they may be considered special needs. If an adoption cannot be arranged without financial support, and no adoptive home can be found without financial assistance, these factors further justify the need for adoption subsidies, unless the child already has strong emotional ties with prospective parents from their time in foster care.
Section § 8548
This law defines 'stepparent adoption' as a situation where a stepparent adopts their stepchild while the child's other birth parent still keeps custody and control of the child.