The consent of a noncustodial parent is not required if the parent for a period of 1 year willfully fails to communicate with and to pay for the care, support, and education of the child when able to do so.
The consent of a birth parent is not necessary when the birth parent has:
Relinquishment to an agency can take place any time after the birth of the child.
How Consent Must Be Executed
Citation: Fam. Code §§ 8801.3; 8814; 8700; 8606.5
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.
Consent to adoption given by an Indian child's parent is not valid unless both of the following occur:
In an agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.
The parent of an Indian child may withdraw his or her consent to adoption for any reason at any time prior to the entry of a final decree of adoption, and the child shall be returned to the parent.After the entry of a final decree of adoption of an Indian child, the Indian child's parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate such decree and return the child to the parent; however, no adoption that has been effective for at least 2 years may be invalidated unless otherwise permitted under State law.
Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)
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