Amended by Stats. 2007, Ch. 583, Sec. 5. Effective January 1, 2008.
Chapter 4 - Intercountry Adoptions
California Family Code — §§ 8900-8925
Sections (26)
Added by Stats. 2007, Ch. 583, Sec. 6. Effective January 1, 2008.
As used in this chapter:
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
The department shall adopt regulations to administer the intercountry adoption program.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
For intercountry adoptions that will be finalized in this state, the licensed adoption agency shall provide all of the following services:
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
dependent of the court and if, for any reason, is ineligible for AFDC under Section 14005.1 of the Welfare and Institutions Code and loses Medi-Cal eligibility, the child shall be deemed eligible for Medi-Cal under Section 14005.4 of the Welfare and Institutions Code and the State Director of Health Services has authority to provide payment for the medical services to the child that are necessary to meet the child’s needs.
Amended by Stats. 2019, Ch. 805, Sec. 1. (AB 677) Effective January 1, 2020.
For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:
agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
Licensed adoption agencies may work only with domestic and foreign adoption agencies with whom they have written agreements that specify the responsibilities of each. The agreements may not violate any statute or regulation of the United States or of this state.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
Nothing in this chapter may be construed to prohibit the licensed adoption agency from entering into an agreement with the prospective adoptive parents to share or transfer financial responsibility for the child.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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 required by this chapter. The agency’s fee schedule is required to be approved by the department initially and whenever it is altered.
Amended by Stats. 2019, Ch. 115, Sec. 131. (AB 1817) Effective January 1, 2020.
and content of a record of an out-of-state or federal conviction or arrest of a person or information regarding any out-of-state or federal crimes or arrests for which the Department of Justice establishes that the person is free on bail, or on their own recognizance pending trial or appeal. The Department of Justice shall forward to the Federal Bureau of Investigation any requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and shall compile and disseminate a fitness determination to the licensed adoption agency.
criminal history on the ability of the prospective adoptive parent to provide adequate and proper care and guidance to the child shall be included in the report to the court.
(A) A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subdivision, crimes involving violence means those violent crimes
contained in clause (i) of subparagraph (A), and subparagraph (B), of paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code.
(B) A felony conviction that occurred within the last five years for physical assault, battery, or a drug- or alcohol-related offense.
applicant. The licensed adoption agency may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parents detrimental to the welfare of the adopted child.
Amended by Stats. 1996, Ch. 1053, Sec. 3. Effective January 1, 1997.
shall be stored at a laboratory under contract with the State Department of Health Services for a period of 30 years following the adoption of the child.
identify any party to the adoption.
Amended by Stats. 2022, Ch. 159, Sec. 7. (AB 2495) Effective January 1, 2023.
not be removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the licensed adoption agency responsible for the child. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the licensed adoption agency responsible for the child. If the licensed adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the
address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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.
Amended by Stats. 2023, Ch. 851, Sec. 9. (AB 1650) Effective January 1, 2024.
number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
The prospective adoptive parents and the child proposed to be adopted shall appear before the court pursuant to Sections 8612 and 8613.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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 department may also submit a report.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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 be given to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or to the petitioner.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
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 recommended denial or the petitioners desire to withdraw the petition or the court dismisses the petition and does not return the child to the child’s parents, the court shall commit the child to the care of the licensed adoption agency for the agency to arrange adoptive placement or to make a suitable plan.
Repealed and added by Stats. 2019, Ch. 805, Sec. 3. (AB 677) Effective January 1, 2020.
certificate.
finalized adoption by an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900.
adoption services to the adoptive parent, then the adoption agency that facilitated the adoption shall file a petition within 90 days of the child’s entry into the United States, and shall provide a file-marked copy of the petition to the adoptive parent and to any other adoption agency that provided services to the adoptive parent within five business days of filing. An adoptive parent shall be liable to the adoption agency for all costs and fees incurred as a result of good faith actions taken by the adoption agency to fulfill its requirement pursuant to this subdivision. If the adoption agency fails to file a petition as required by this subdivision, the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California and the department has actual or constructive knowledge that the petition was not filed.
a birth certificate for that child pursuant to Section 102635 or 103450 of the Health and Safety Code.
Added by Stats. 2019, Ch. 805, Sec. 4. (AB 677) Effective January 1, 2020.
Amended by Stats. 2019, Ch. 115, Sec. 132. (AB 1817) Effective January 1, 2020.
of the child under subdivision (a), the court shall take into consideration the nature and extent of the child’s sibling relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shares significant common experiences or has close and strong bonds with a sibling, and whether ongoing contact with a sibling is in the child’s best interest, including the child’s long-term interest.
are residents of the state.
Added by Stats. 2007, Ch. 583, Sec. 8. Effective January 1, 2008.
Added by Stats. 2007, Ch. 583, Sec. 9. Effective January 1, 2008.
Added by Stats. 2007, Ch. 583, Sec. 10. Effective January 1, 2008.
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 shall be recognized as a final valid adoption for purposes of all state and local laws.