PART 2. ADOPTION OF UNMARRIED MINORS [8600. - 9212.]

Part 2 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 8600–9212 · 151 sections

1. CHAPTER 1. General Provisions §§ 8600–8626 · 35 sections

   • § 8600 An unmarried minor may be adopted by an adult as provided in this part.
   • § 8600.5 Tribal customary adoption as defined in Section 366.24 of the Welfare and Institutions Code and as applied to Indian Children who are dependents of the court,…
   • § 8601 (a) Except as otherwise provided in subdivision (b), a prospective adoptive parent or parents shall be at least 10 years older than the child. (b) If the court…
   • § 8601.5 (a) A court may issue an order of adoption and declare that it shall be entered nunc pro tunc when it will serve public policy and the best interests of the…
   • § 8602 The consent of a child, if over the age of 12 years, is necessary to the child’s adoption.
   • § 8603 (a) A married person, not lawfully separated from the person’s spouse, shall not adopt a child without the consent of the spouse, provided that the spouse is…
   • § 8604 (a) Except as provided in subdivision (b), a child having a presumed father under Section 7611 shall not be adopted without the consent of the child’s birth…
   • § 8605 A child not having a presumed father under Section 7611 may not be adopted without the consent of the child’s mother, if living.
   • § 8606 Notwithstanding Sections 8604 and 8605, the consent of a birth parent is not necessary in the following cases: (a) Where the birth parent has been judicially…
   • § 8606.5 (a) Notwithstanding any other section in this part, and in accordance with Section 1913 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), consent…
   • § 8607 All forms adopted by the department authorizing the release of an infant from a health facility to the custody of persons other than the person entitled to…
   • § 8608 (a) The department shall adopt regulations specifying the form and content of the reports required by Sections 8706, 8817, and 8909. In addition to any other…
   • § 8609 (a) Any person or organization that advertises in any periodical or newspaper, by radio, or other public medium, that the person or organization will place…
   • § 8609.5 An adoption request for the adoption or readoption of a nondependent minor may be filed with the court in the county in which one of the following applies: (a)…
   • § 8610 (a) The petitioners in a proceeding for adoption of a child shall file with the court a full accounting report of all disbursements of anything of value made…
   • § 8611 All court hearings in an adoption proceeding shall be held in private, and the court shall exclude all persons except the officers of the court, the parties,…
   • § 8612 (a) The court shall examine all persons appearing before it pursuant to this part. The examination of each person shall be conducted separately but within the…
   • § 8613 (a) If the prospective adoptive parent is commissioned or enlisted in the military service, or auxiliary thereof, of the United States, or of any of its…
   • § 8613.5 (a) (1) If it is impossible or impracticable for either prospective adoptive parent to make an appearance in person, and the circumstances are established by…
   • § 8613.7 On and after January 1, 2014, the court shall provide to any petitioner for adoption pursuant to this part a notice informing the petitioner that they may be…
   • § 8614 Upon the request of the adoptive parents or the adopted child, a clerk of the superior court may issue a certificate of adoption that states the date and place…
   • § 8615 (a) Notwithstanding any other law, an action may be brought in the county in which the petitioner resides for the purpose of obtaining for a child adopted by…
   • § 8616 After adoption, the adopted child and the adoptive parents shall sustain towards each other the legal relationship of parent and child and have all the rights…
   • § 8616.5 (a) The Legislature finds and declares that some adoptive children may benefit from either direct or indirect contact with birth relatives, including the birth…
   • § 8617 (a) Except as provided in subdivision (b), the existing parent or parents of an adopted child are, from the time of the adoption, relieved of all parental…
   • § 8618 A child adopted pursuant to this part may take the family name of the adoptive parent.
   • § 8619 The department shall adopt rules and regulations it determines are reasonably necessary to ensure that the birth parent or parents of Indian ancestry, seeking…
   • § 8619.5 Whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parent voluntary consents to termination of parental…
   • § 8620 (a) (1) If a parent is seeking to relinquish a child pursuant to Section 8700 or execute an adoption placement agreement pursuant to Section 8801.3, the…
   • § 8621 (a) The department shall adopt regulations regarding the provision of adoption services by the department, county adoption agencies, licensed adoption…
   • § 8622 A licensed private adoption agency whose services are limited to a particular target population shall inform all birth parents and prospective adoptive parents…
   • § 8623 Notwithstanding any other law, all adoption facilitators registered with the department on its statewide registry as of July 1, 2023, shall cease operation in…
   • § 8624 (a) A person aggrieved by a violation of Section 8609 may bring a civil action for damages, rescission, injunctive relief, or any other civil or equitable…
   • § 8625 (a) The department shall create a section on its internet website dedicated to educating the public on unlicensed adoption agencies. The section shall include…
   • § 8626 Notwithstanding any other law, an adoption order issued pursuant to this part shall include the names of the adoptive parent or parents and any existing parent…
2. CHAPTER 2. Agency Adoptions §§ 8700–8720 · 30 sections

   • § 8700 (a) Either birth parent may relinquish a child to the department, county adoption agency, or licensed adoption agency for adoption by a written statement…
   • § 8700.5 (a) A relinquishing birth parent may elect to sign a waiver of the right to revoke relinquishment in the presence of any of the following: (1) A representative…
   • § 8701 At or before the time a relinquishment is signed, the department, county adoption agency, or licensed adoption agency shall advise the birth parent signing the…
   • § 8702 (a) The department shall adopt a statement to be presented to the birth parents at the time a relinquishment is signed and to prospective adoptive parents at…
   • § 8703 When the parental rights of a birth parent are terminated pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 or Part 4 (commencing…
   • § 8704 (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of…
   • § 8704.5 (a) A foster care license or certification or resource family approval shall not be required for placement of a nondependent child who is relinquished for…
   • § 8705 (a) Where a child is in the custody of a public agency or licensed adoption agency, if it is established that the persons whose consent to the adoption is…
   • § 8706 (a) An agency may not place a child for adoption unless a written report on the child’s medical background and, if available, the medical background of the…
   • § 8707 (a) The department shall establish a statewide photo-listing service to serve all county adoption agencies and licensed adoption agencies in the state as a…
   • § 8707.1 (a) The agency responsible for recruitment of potential adoptive parents shall make diligent efforts to recruit individuals who reflect the ethnic, racial, and…
   • § 8708 (a) The adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights shall not do any of the…
   • § 8709 (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of…
   • § 8710 (a) If a child is being considered for adoption, the department, county adoption agency, or licensed adoption agency shall first consider adoptive placement in…
   • § 8710.1 If there is not an adoptive placement plan for a child with an approved adoptive family, as defined in subdivision (c) of Section 8708, within the…
   • § 8710.2 In order to preclude the delays or denials described in paragraph (3) of subdivision (a) of Section 8708, the department shall establish a statewide exchange…
   • § 8710.3 If the department, county adoption agency, or licensed adoption agency has approved a family for adoption pursuant to subdivision (c) of Section 8708 and that…
   • § 8710.4 (a) The department shall ensure that information regarding families and children registered with the statewide exchange system described in Section 8710.2 is…
   • § 8711 Sections 8708 to 8710.4, inclusive, apply only in determining the placement of a child who has been relinquished for adoption or has been declared free from…
   • § 8711.5 The department shall adopt regulations to administer the provisions of Sections 8708 to 8711, inclusive.
   • § 8712 (a) (1) The department, county adoption agency, or licensed adoption agency shall require each person who files an application for adoption to be fingerprinted…
   • § 8713 (a) In no event may a child who has been freed for adoption be removed from the county in which the child was placed, by any person who has not petitioned to…
   • § 8714 (a) A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring…
   • § 8714.5 (a) The Legislature finds and declares the following: (1) It is the intent of the Legislature to expedite legal permanency for children who cannot return to…
   • § 8715 (a) The department, county adoption agency, or licensed adoption agency, whichever is a party to, or joins in, the petition, shall submit a full report of the…
   • § 8716 Where a petition is filed for the adoption of a child who has been placed for adoption by a county adoption agency, licensed county adoption agency, or the…
   • § 8717 When any report or findings are submitted to the court by the department, county adoption agency, or licensed adoption agency, a copy of the report or…
   • § 8718 The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613.
   • § 8719 If the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the department at Sacramento…
   • § 8720 (a) If the department, county adoption agency, or licensed adoption agency finds that the home of the petitioners is not suitable for the child or that the…
3. CHAPTER 2.5. Adoptions by Relative Caregivers or Foster Parents §§ 8730–8736 · 7 sections

   • § 8730 (a) Subject to the requirements of subdivision (b), the department, county adoption agency, or licensed adoption agency may provide an abbreviated home study…
   • § 8731 If the prospective adoptive parent of a child is a foster parent, the assessment or home study described in Section 8730 shall not be initiated until the child…
   • § 8732 A report of a medical examination of the foster parent with whom the child has lived for a minimum of six months or the relative caregiver who has had an…
   • § 8733 The department, county adoption agency, or licensed adoption agency shall require the adoptive parent to be provided with information related to the specific…
   • § 8734 The department shall encourage adoption agencies to make adoption training programs available to prospective adoptive families.
   • § 8735 The department shall adopt regulations requiring county adoption agencies and licensed adoption agencies to inform the agency responsible for the foster care…
   • § 8736 The requirements of this chapter shall not be used as basis for removing a child who has been placed with a relative caregiver or foster parent prior to…
4. CHAPTER 3. Independent Adoptions §§ 8800–8823 · 28 sections

   • § 8800 (a) The Legislature finds and declares that an attorney’s ability to effectively represent a client may be seriously impaired when conflict of interest…
   • § 8801 (a) The selection of a prospective adoptive parent or parents shall be personally made by the child’s birth parent or parents and may not be delegated to an…
   • § 8801.3 A child shall not be considered to have been placed for adoption unless each of the following is true: (a) Each birth parent placing the child for adoption has…
   • § 8801.5 (a) Each birth parent placing a child for adoption shall be advised of their rights by an adoption service provider. (b) The birth parent shall be advised of…
   • § 8801.7 (a) An adoption service provider shall also witness the signature of the adoption placement agreement and offer to interview the birth parent after the…
   • § 8802 (a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:…
   • § 8803 (a) During the pendency of an adoption proceeding: (1) The child proposed to be adopted shall not be concealed from the agency that is investigating the…
   • § 8804 (a) Whenever the petitioners move to withdraw the petition for the adoption or to dismiss the proceeding, the clerk of the court in which the proceeding is…
   • § 8805 At the hearing, if the court sustains the recommendation of the department or delegated county adoption agency that the child be removed from the home of the…
   • § 8806 The department or delegated county adoption agency shall accept the consent of the birth parents to the adoption of the child by the petitioners and, before…
   • § 8807 (a) Except as provided in subdivisions (b) and (c), within 180 days after receiving 50 percent of the fee, the department or delegated county adoption agency…
   • § 8808 (a) The department or delegated county adoption agency shall interview the petitioners within 45 working days, excluding legal holidays, after the department…
   • § 8810 (a) Except as otherwise provided in this section, whenever a petition is filed under this chapter for the adoption of a child, the petitioner shall pay a…
   • § 8811 (a) The department or delegated county adoption agency shall require each person who files an adoption petition to be fingerprinted and shall secure from an…
   • § 8811.5 (a) A licensed private or public adoption agency of the state of the petitioners’ residency may certify prospective adoptive parents by a preplacement…
   • § 8812 Any request by a birth parent or birth parents for payment by the prospective adoptive parents of attorney’s fees, medical fees and expenses, counseling fees,…
   • § 8813 At or before the time a consent to adoption is signed, the department or delegated county adoption agency shall advise the birth parent signing the consent,…
   • § 8814 (a) Except as provided in Section 7662, the consent of the birth parent or parents who did not place the child for adoption, as described in Section 8801.3, to…
   • § 8814.5 (a) After a consent to the adoption is signed by the birth parent or parents pursuant to Section 8801.3 or 8814, the birth parent or parents signing the…
   • § 8815 (a) Once the revocable consent to adoption has become permanent as provided in Section 8814.5, the consent to the adoption by the prospective adoptive parents…
   • § 8816 In an independent adoption where the consent of the birth parent or parents is not necessary, the department or delegated county adoption agency shall, before…
   • § 8817 (a) A written report on the child’s medical background, and if available, the medical background of the child’s biological parents so far as ascertainable,…
   • § 8818 (a) The department shall adopt a statement to be presented to the birth parents at the time the consent to adoption is signed and to prospective adoptive…
   • § 8819 When the parental rights of a birth parent are terminated pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 or Part 4 (commencing…
   • § 8820 (a) The birth parent or parents or the petitioner may appeal in either of the following cases: (1) If for a period of 180 days from the date of paying 50…
   • § 8821 When any report or findings are submitted to the court by the department or a delegated county adoption agency, a copy of the report or findings, whether…
   • § 8822 (a) If the findings of the department or delegated county adoption agency are that the home of the petitioners is not suitable for the child or that the…
   • § 8823 The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613.
5. CHAPTER 4. Intercountry Adoptions §§ 8900–8925 · 26 sections

   • § 8900 (a) Intercountry adoption services described in this chapter shall be exclusively provided by private adoption agencies licensed by the department specifically…
   • § 8900.5 As used in this chapter: (a) “Accredited agency” means an agency that has been accredited by an accrediting entity, in accordance with the standards in Subpart…
   • § 8901 The department shall adopt regulations to administer the intercountry adoption program.
   • § 8902 For intercountry adoptions that will be finalized in this state, the licensed adoption agency shall provide all of the following services: (a) Assessment of…
   • § 8903 (a) For each intercountry adoption finalized in this state, the licensed adoption agency shall assume all responsibilities for the child including care,…
   • § 8904 For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services: (a)…
   • § 8905 Licensed adoption agencies may work only with domestic and foreign adoption agencies with whom they have written agreements that specify the responsibilities…
   • § 8906 Nothing in this chapter may be construed to prohibit the licensed adoption agency from entering into an agreement with the prospective adoptive parents to…
   • § 8907 The costs incurred by a licensed adoption agency pursuant to programs established by this chapter shall be funded by fees charged by the agency for services…
   • § 8908 (a) A licensed adoption agency shall require each person filing an application for adoption to be fingerprinted and shall secure from an appropriate law…
   • § 8909 (a) An agency may not place a child for adoption unless a written report on the child’s medical background and, if available, the medical background of the…
   • § 8910 (a) In no event may a child who has been placed for adoption be removed from the county in which the child was placed, by any person who has not petitioned to…
   • § 8911 As a condition of placement, the prospective adoptive parents shall file a petition to adopt the child under Section 8912 within 30 days of placement.
   • § 8912 (a) An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall…
   • § 8913 The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613.
   • § 8914 If the licensed adoption agency is a party to or joins in the adoption petition, it shall submit a full report of the facts of the case to the court. The…
   • § 8915 When any report or findings are submitted to the court by a licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall…
   • § 8916 (a) If the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the department at…
   • § 8917 (a) If the licensed adoption agency finds that the home of the petitioners is not suitable for the child or that the required agency consents are not available…
   • § 8918 At the hearing, if the court sustains the recommendation that the child be removed from the home of the petitioners because the licensed adoption agency has…
   • § 8919 (a) In order to establish a record by which an adoptee can prove the facts of the foreign adoption, a state resident who has finalized an intercountry adoption…
   • § 8919.5 (a) An intercountry adoption agency shall report the arrival of an adoptee whose adoption was finalized in a foreign country to the department within 14…
   • § 8920 (a) A child who was adopted as part of a sibling group and who has been separated from the child’s sibling or siblings through readoption by a resident of this…
   • § 8923 (a) A complaint against an accredited agency or approved person in connection with a convention adoption shall be filed according to the procedures set forth…
   • § 8924 (a) For cases in which a child is emigrating from California to a convention country, an accredited agency or approved person providing any adoption service…
   • § 8925 A Hague adoption certificate or, in outgoing cases, a Hague custody declaration, obtained pursuant to Part 97 of Title 22 of the Code of Federal Regulations…
6. CHAPTER 5. Stepparent Adoptions §§ 9000–9007 · 9 sections

   • § 9000 (a) A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in any county authorized by Section 8609.5. (b) A…
   • § 9000.5 (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a…
   • § 9001 (a) Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative…
   • § 9002 Except as provided in Section 9000.5, in a stepparent adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with…
   • § 9003 (a) In a stepparent adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk, probation officer,…
   • § 9004 In a stepparent adoption, the form prescribed by the department for the consent of the birth parent shall contain substantially the following notice: “Notice…
   • § 9005 (a) Consent of the birth parent to the adoption of the child through a stepparent adoption may not be withdrawn except with court approval. Request for that…
   • § 9006 (a) If the petitioner moves to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the probation officer,…
   • § 9007 Except as provided in Section 9000.5, the prospective adoptive parent and the child proposed to be adopted shall appear before the court pursuant to Sections…
7. CHAPTER 6. Vacation of Adoption §§ 9100–9102 · 3 sections

   • § 9100 (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…
   • § 9101 (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…
   • § 9102 (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,…
8. CHAPTER 7. Disclosure of Information §§ 9200–9209 · 11 sections

   • § 9200 (a) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition…
   • § 9201 (a) Except as otherwise permitted or required by statute, neither the department nor a licensed adoption agency shall release information that would identify…
   • § 9202 (a) Notwithstanding any other law, the department or licensed adoption agency that made a medical report required by Section 8706, 8817, or 8909 shall provide…
   • § 9202.5 (a) Notwithstanding any other law, the laboratory that is storing a blood sample pursuant to Section 8706, 8817, or 8909 shall provide access to the blood…
   • § 9203 (a) The department or a licensed adoption agency shall do the following: (1) Upon the request of a person who has been adopted pursuant to this part and who…
   • § 9203.1 (a) The department or a licensed adoption agency shall, upon the request of a prospective adoptive parent, disclose an adoption homestudy and any updates to an…
   • § 9204 (a) Notwithstanding any other law, if an adult adoptee and the adult adoptee’s birth parents have each filed a written consent with the department or licensed…
   • § 9205 (a) Notwithstanding any other law, the department, county adoption agency, or licensed adoption agency that joined in the adoption petition shall release the…
   • § 9206 (a) Notwithstanding any other law, the department or licensed adoption agency shall release any letters, photographs, or other items of personal property in…
   • § 9208 (a) The clerk of the superior court entering a final order of adoption concerning an Indian child shall provide the United States Secretary of the Interior or…
   • § 9209 (a) Upon application by an Indian individual who has reached the age of 18 years and who was the subject of an adoptive placement, the court which entered the…
9. CHAPTER 8. Adoption Proceedings: Conflict of Laws §§ 9210–9212 · 2 sections

   • § 9210 (a) Except as otherwise provided in subdivisions (b) and (c), a court of this state has jurisdiction over a proceeding for the adoption of a minor commenced…
   • § 9212 (a) Sections 9210 and 9211 apply to interstate adoptions if the prospective adoptive parents reside outside of the state. (b) This section shall become…