Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
An unmarried minor may be adopted by an adult as provided in this part.
Chapter 1 - General Provisions
California Family Code — §§ 8600-8626
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Amended by Stats. 2012, Ch. 35, Sec. 9. (SB 1013) Effective June 27, 2012.
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, does not apply to this part.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
(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 is satisfied that the adoption of a child by a stepparent, or by a sister, brother, aunt, uncle, or first cousin and, if that person is married, by that person and that person’s spouse, is in the best interest of the parties and is in the public interest, it may approve the adoption without regard to the ages of the child and the prospective adoptive parent or parents.
Added by Stats. 2011, Ch. 462, Sec. 6. (AB 687) Effective January 1, 2012.
(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 child, such as cases where adoption finalization has been delayed beyond the child’s 18th birthday due to factors beyond the control of the prospective adoptive family and the proposed adoptee.
(b)The request for nunc pro tunc entry of the order shall be stated in the adoption request or an amendment thereto, and shall set forth specific facts in support thereof.
(c)To the extent that a child’s eligibility for any publicly funded benefit program is or could be altered by the entry of
an order of adoption, the change in eligibility shall not be determined as of the nunc pro tunc date, but shall be determined as of the date of the adoption finalization hearing.
(d)The nunc pro tunc date shall not precede the date upon which the parental rights of the birth parent or parents were initially terminated, whether voluntarily or involuntarily.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
The consent of a child, if over the age of 12 years, is necessary to the child’s adoption.
Amended by Stats. 2019, Ch. 115, Sec. 111. (AB 1817) Effective January 1, 2020.
(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 capable of giving that consent.
(b)The consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless that person has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent. The court shall not name the consenting spouse as an adoptive parent in the final decree unless the consenting spouse has filed a written consent to adopt the child with the court and has an approved adoption home study.
(c)The court may dispense with the consent of a spouse who cannot be located after diligent search, or a spouse determined by the court to lack the capacity to consent. A spouse for whom consent was dispensed shall not be named as an adoptive parent in the final decree.
Amended by Stats. 2019, Ch. 115, Sec. 112. (AB 1817) Effective January 1, 2020.
(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 parents, if living. The consent of a presumed father is not required for the child’s adoption unless the person became a presumed father as described in Chapter 1 (commencing with Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2 of Division 12, or subdivision (a), (b), or (c) of Section 7611 before the mother’s relinquishment or consent becomes irrevocable or before the mother’s parental rights have been terminated.
(b)If one birth parent has been awarded custody by judicial order, or has custody by agreement
of both parents, and the other birth parent for a period of one year willfully fails to communicate with, and to pay for, the care, support, and education of the child when able to do so, then the birth parent having sole custody may consent to the adoption, but only after the birth parent not having custody has been served with a copy of a citation in the manner provided by law for the service of a summons in a civil action that requires the birth parent not having custody to appear at the time and place set for the appearance in court under Section 8718, 8823, 8913, or 9007.
(c)Failure of a birth parent to pay for the care, support, and education of the child for the period of one year or failure of a birth parent to communicate with the child for the period of one year is prima facie evidence that the failure was willful and without
lawful excuse. If the birth parent or parents have made only token efforts to support or communicate with the child, the court may disregard those token efforts.
(d)(1) If the birth mother of a child for whom there is not a presumed father leaves the child in the physical care of a licensed private adoption agency, in the physical care of a prospective adoptive parent who has an approved preplacement evaluation or private agency adoption home study, or in the hospital after designating a licensed private adoption agency or an approved prospective adoptive parent in a signed document, completed with a hospital social worker, adoption service provider, licensed private adoption agency worker, notary, or attorney, but fails to sign a placement agreement, consent, or relinquishment for adoption, the approved
prospective adoptive parent or the licensed private adoption agency may apply for, and the court may issue, a temporary custody order placing the child in the care and custody of the applicant.
(2)A temporary custody order issued pursuant to this subdivision shall include all of the following:
(A)A requirement that the applicant keep the court informed of the child’s residence at all times.
(B)A requirement that the child shall not be removed from the state or concealed within the state.
(C)The expiration date of the order, which shall not be more than six months after the order is issued.
(3)A temporary custody order issued pursuant to this subdivision may be voided upon the birth mother’s request to have the child returned to the birth mother’s care and custody.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
A child not having a presumed father under Section 7611 may not be adopted without the consent of the child’s mother, if living.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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 deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and control of either or both birth parents pursuant to Part 4 (commencing with Section 7800) of Division 12 of this code, or Section 366.25 or 366.26 of the Welfare and Institutions Code, or (2) by a similar order of a court of another jurisdiction, pursuant to a law of that jurisdiction authorizing the order.
(b)Where the birth parent has, in a judicial proceeding in another jurisdiction, voluntarily surrendered the right to the custody and control of the child pursuant to a law of that jurisdiction providing for the surrender.
(c)Where the birth parent has deserted the child without provision for identification of the child.
(d)Where the birth parent has relinquished the child for adoption as provided in Section 8700.
(e)Where the birth parent has relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction pursuant to the law of that jurisdiction.
Amended by Stats. 2019, Ch. 115, Sec. 113. (AB 1817) Effective January 1, 2020.
(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 to adoption given by an Indian child’s parent is not valid unless both of the following occur:
(1)The consent is executed in writing at least 10 days after the child’s birth and recorded before a judge.
(2)The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood.
(b)The parent of an Indian child may withdraw 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.
(c)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 the decree. Upon a finding that consent was obtained through fraud or duress, the court shall vacate the decree and return the child to the parent, provided that no adoption that has been effective for at least two years
may be invalidated unless otherwise permitted under state law.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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 custody of the child pursuant to Section 3010 and authorizing these other persons to obtain medical care for the infant shall contain a statement in boldface type delineating the various types of adoptions available, the birth parents’ rights with regard thereto, including, but not limited to, rights with regard to revocation of consent to adoption, and a statement regarding the authority of the court under Part 4 (commencing with Section 7800) of Division 12 to declare the child abandoned by the birth parent or parents.
Amended by Stats. 2012, Ch. 35, Sec. 10. (SB 1013) Effective June 27, 2012.
(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 material that may be required by the department, the form shall include inquiries designed to elicit information on any illness, disease, or defect of a genetic or hereditary nature.
(b)All county adoption agencies and licensed adoption agencies shall cooperate with and assist the department in devising a plan that will effectuate the effective and discreet transmission to adoptees or prospective adoptive parents of pertinent medical information reported to the
department, county adoption agency, or licensed adoption agency, upon the request of the person reporting the medical information.
Amended by Stats. 2023, Ch. 192, Sec. 1. (SB 138) Effective September 13, 2023.
(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 children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption, is guilty of a misdemeanor, unless one of the following conditions apply:
(1)The person or organization holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption.
(2)The person or organization is exempt from licensure
pursuant to
subdivision (w) or (x) of Section 1505 of the Health and Safety Code.
(b)Any person, organization, association, or corporation that seeks to place any child for adoption is guilty of a misdemeanor, unless one of the following conditions applies:
(1)The person, organization, or corporation holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption.
(2)The person, organization, or corporation is exempt from licensure pursuant to
subdivision (w) or (x) of Section 1505 of the Health and Safety Code.
(3)The person is the
legal parent.
(c)Any person or organization that performs any of the functions of an adoption agency or holds itself out as performing any of the functions of an adoption agency, as described in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code, without a valid and unrevoked license issued by the department shall be deemed an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of Health and Safety Code, unless otherwise permitted under California law.
Amended by Stats. 2022, Ch. 159, Sec. 2. (AB 2495) Effective January 1, 2023.
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)The petitioner resides.
(b)The child was born or resides at the time of filing.
(c)An office of the agency that placed the child or is filing the petition for adoption is located.
(d)An office of the department or a public adoption agency that is investigating the petition is located.
(e)The
county in which a placing birth parent or parents resided when the adoptive placement agreement, consent, or relinquishment was signed.
(f)The county in which a placing birth parent or parents resided when the petition was filed.
(g)The county in which the child was freed for adoption.
Amended by Stats. 2023, Ch. 192, Sec. 2. (SB 138) Effective September 13, 2023.
(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 or agreed to be made by them or on their behalf in connection with the birth of the child, the placement of the child with the petitioners, any medical or hospital care received by the child’s birth mother or by the child in connection with the child’s birth, any other expenses of either birth parent, or the adoption. The accounting report shall be made under penalty of perjury and shall be submitted to the court on or before the date set for the hearing on the adoption petition, unless the court grants an extension of time.
(b)The accounting report shall be itemized in detail and shall show the services
relating to the adoption or to the placement of the child for adoption that were received by the petitioners, by either birth parent, or by the child. The report shall also include the dates of each payment, the names and addresses of each attorney, physician and surgeon, hospital, licensed adoption agency, or any other person or organization that received payment.
(c)This section does not apply to an adoption by a stepparent if at least one legal parent retains custody and control of the child.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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, their witnesses, counsel, and representatives of the agencies present to perform their official duties under the law governing adoptions.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
(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 physical presence of every other person unless the court, in its discretion, orders otherwise.
(b)The prospective adoptive parent or parents shall execute and acknowledge an agreement in writing that the child will be treated in all respects as their lawful child.
(c)If satisfied that the interest of the child will be promoted by the adoption, the court may make and enter an order of adoption of the child by the prospective adoptive parent or parents.
Amended by Stats. 2002, Ch. 784, Sec. 109. Effective January 1, 2003.
(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 allies, or is engaged in service on behalf of any governmental entity of the United States, or in the American Red Cross, or in any other recognized charitable or religious organization, so that it is impossible or impracticable, because of the prospective adoptive parent’s absence from this state, or otherwise, to make an appearance in person, and the circumstances are established by satisfactory evidence, the appearance may be made for the prospective adoptive parent by counsel, commissioned and empowered in writing for that purpose. The power of attorney may be incorporated in the adoption petition.
(b)Where the prospective adoptive parent is permitted to appear by counsel, the agreement may be executed and acknowledged by the counsel, or may be executed by the absent party before a
notary public, or any other person authorized to take acknowledgments including the persons authorized by Sections 1183 and 1183.5 of the Civil Code.
(c)Where the prospective adoptive parent is permitted to appear by counsel, or otherwise, the court may, in its discretion, cause an examination of the prospective adoptive parent, other interested person, or witness to be made upon deposition, as it deems necessary. The deposition shall be taken upon commission, as prescribed by the Code of Civil Procedure, and the expense thereof shall be borne by the petitioner.
(d)The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition shall be filed in the office of the clerk of the court.
(e)The provisions of this section permitting an appearance through counsel are equally applicable to the spouse of a prospective adoptive parent who
resides with the prospective adoptive parent outside this state.
(f)Where, pursuant to this section, neither prospective adoptive parent need appear before the court, the child proposed to be adopted need not appear. If the law otherwise requires that the child execute any document during the course of the hearing, the child may do so through counsel.
(g)Where none of the parties appears, the court may not make an order of adoption until after a report has been filed with the court pursuant to Section 8715, 8807, 8914, or 9001.
Amended by Stats. 2014, Ch. 763, Sec. 9. (AB 1701) Effective January 1, 2015.
(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 clear and convincing documentary evidence, the court may, in its discretion, do either of the following:
(A) Waive the personal appearance of the prospective adoptive parent. The appearance may be made for the prospective adoptive parent by counsel, commissioned and empowered in writing for that purpose. The power of attorney may be incorporated in the adoption petition.
(B) Authorize the prospective
adoptive parent to appear by telephone, videoconference, or other remote electronic means that the court deems reasonable, prudent, and reliable.
(2)For purposes of this section, if the circumstances that make an appearance in person by a prospective adoptive parent impossible or impracticable are temporary in nature or of a short duration, the court shall not waive the personal appearance of that prospective adoptive parent.
(b)If the prospective adoptive parent is permitted to appear by counsel, the agreement may be executed and acknowledged by the counsel, or may be executed by the absent party before a notary public, or any other person authorized to take acknowledgments including the persons authorized by Sections 1183 and 1183.5 of the Civil Code.
(c)If the prospective adoptive parent is permitted to appear by counsel, or otherwise, the court may, in its discretion, cause an examination of the prospective adoptive parent, other interested person, or witness to be made upon deposition, as it deems necessary. The deposition shall be taken upon commission, as prescribed by the Code of Civil Procedure, and the expense thereof shall be borne by the petitioner.
(d)The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition shall be filed in the office of the clerk of the court.
(e)The provisions of this section permitting an appearance by counsel or electronically pursuant
to subparagraph (B) of paragraph (1) of subdivision (a) are equally applicable to the spouse of a prospective adoptive parent who resides with the prospective adoptive parent outside this state.
(f)If, pursuant to this section, neither prospective adoptive parent need appear before the court, the child proposed to be adopted need not appear. If the law otherwise requires that the child execute any document during the course of the hearing, the child may do so through counsel.
(g)If none of the parties appear, the court may not make an order of adoption until after a report has been filed with the court pursuant to Section 8715, 8807, 8914, or 9001.
Amended by Stats. 2019, Ch. 115, Sec. 114. (AB 1817) Effective January 1, 2020.
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 eligible for reduced-cost coverage through the California Health Benefit Exchange established under Title 22 (commencing with Section 100500) of the Government Code or no-cost coverage through Medi-Cal. The notice shall include information on obtaining coverage pursuant to those programs, and shall be developed by the California Health Benefit Exchange.
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