California Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: Fam. Code §§ 8603; 8604- The birth parents, if living
- The parent having custody if the other parent:
- Fails to communicate with and support the child
- Fails to respond to notice of adoption
- A married person may not adopt a child without the consent of the spouse.
- Fails to communicate with and support the child
Age When Consent of Adoptee is Considered or Required
Statute: Fam. Code § 8602
- A child 12 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: Fam. Code §§ 8604; 8606
- The parent has:
- Relinquished rights or had them terminated
- Deserted the child
- Willfully failed to contact or support the child for 1 year
- Relinquished rights or had them terminated
When Consent Can Be Executed
Statute: Fam. Code §§ 8801.3; 8700- In a direct placement, consent may only take place after the discharge of the birth mother from the hospital. If the mother is required to be hospitalized longer than the child, consent may be given with verification of competency from her physician.
- Relinquishment to an agency can take place any time after the birth of the child.
How Consent Must Be Executed
Statute: Fam. Code §§ 8801.3; 8814; 8700- In a direct placement, consent must take place in the presence of an Adoption Service Provider or other delegated agent, who has advised the parents of their rights.
- In an agency adoption, a form is signed before two witnesses and acknowledged before an official of the agency.
Revocation of Consent
Statute: Fam. Code §§ 8814.5; 8700- In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request the return of the child or sign a waiver of the right to revoke consent.
- In an agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.
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