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california adoption law
Adoption law is legislated by the state, so each state has its own set of adoption laws.
In the case of international adoption, you must follow additional laws set by
the Immigration and Naturalization Service.
Consent to Adoption
The following parties must consent to the adoption:
- The mother;
- The man who is presumed to be the father by marriage or attempted marriage to the mother at the time of birth or within 300 days prior to birth; or has been legitimated as the father by other specified means;
- Department of Social Services or county adoption agency, where parental consent
is not necessary; and
- An adoptee who is over 12 years of age.
No consent is required in the following circumstances:
- One parent has been awarded custody and the other parent has not communicated with nor paid support and care of the child for 1 year, then the custodial parent alone may consent, as long as the noncustodial parent is given notice of the hearing;
- When parental rights have been terminated or the parent has voluntarily given up his or her rights to the child;
- When the parent has deserted the child, or
- When the parent has given up the child for adoption by relinquishing rights to the Department or a licensed agency.
The court shall order that relevant persons and agencies make efforts to identify the alleged natural father. Any potential natural father who is identified must be given notice of the hearing. After the natural father, or more than one natural father, is notified, they must claim paternity within thirty days and appear at the hearing or their parental rights will be terminated. If the natural father does appear in court, the court will determine if he is in fact the father and then determine if it is in the child's best interest for the father to retain his parental rights. If so, the father's consent will be required. If not, the court will terminate the father's parental rights.
If after making efforts, the court is unable to identify the natural father, the court will enter an order terminating the unknown father's parental rights. (This information regarding alleged father's rights is found in Sections 7610 to 7670 of the California Civil Code).
Regarding independent adoptions, any required consents may be withdrawn, until 90 days have passed, at which time the consent becomes permanent. A parent's relinquishment to an adoption agency, filed with the Department, is final. It may only be rescinded upon mutual agreement of the relinquishing parents and adoption agency.
Can the birth mother change her mind after finalization?
Not in California.
California Law regarding revocation of consent
Some states allow for a "fraud or duress" revocation. California does not. And most of those states allow for "duress" only BEFORE the finalization.
Fam. Code § 8700
In 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.
(Source: AbcAdoptions.com)
Can the birth mother decide to keep the child after granting adoption consent?
Yes, but there are time allowances in which adoption consent can be revoked, and in most states, the mother's consent is not usually final or binding until 48-72 hours after birth; although some states operate under the Uniform Adoption Act, which allows a mother eight days from the time of birth to revoke her consent. During this time allowance, biological parent(s) may revoke consent on the grounds of fraud or duress, such as misrepresentation by an attorney or the acting adopting agency, and can legally change their minds about the adoption. Further, even after the birth parent(s) have given consent, and the child has been placed in the adoptive home for probationary custody, many states allow birth parent(s) to revoke their decision within this probationary time frame, usually six months, and contest in a court of law that the child be legally returned.
However, after a final order of adoption is ruled by a court of law; following the consent of birth parent(s), court assessments, and the probationary custody period, the ruling is, as it sounds, final. The child is legally bound to the adoptive parent(s), and the decision may not be challenged by the birth parent(s), or any other contesting parties.
(Source: LawInfo.com)
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