Agency Adoptions

Division 13, Part 2, Chapter 2 of the California Family Code deals with agency adoptions of unmarried minors.

Section 8700 allows either birth parent to relinquish a child to the department, county adoption agency, or licensed adoption agency for adoption by a written statement signed before two subscribing witnesses and acknowledged before an authorized official of the department, county adoption agency, or licensed adoption agency.

The relinquishment, when reciting that the person making it is entitled to the sole custody of the child and acknowledged before the officer, is prima facie evidence of the right of the person making it to the sole custody of the child and the person’s sole right to relinquish.

A relinquishing parent who is a minor has the right to relinquish a child for adoption to the department, county adoption agency, or licensed adoption agency, and the relinquishment is not subject to revocation by the relinquishing parent by reason of the minority, or because the parent or guardian of the relinquishing minor parent was not served with notice that the relinquishing minor parent relinquished the child for adoption, unless the relinquishing minor parent has previously provided written authorization to serve the relinquishing minor’s parent or guardian with that notice.

The relinquishment authorized by this section has no effect until a certified copy is sent to, and filed with, the department. The county adoption agency or licensed adoption agency is required to send that copy by certified mail, return receipt requested, or by overnight courier or messenger, with proof of delivery, to the department no earlier than the end of the business day following the signing thereof.

The agency has to inform the birth parent that during this time period the birth parent may request that the relinquishment be withdrawn and that, if the birth parent makes the request, the relinquishment shall be withdrawn. The relinquishment is final 10 business days after receipt of the filing by the department, unless any of the specified circumstances apply.

The relinquishing parent has 30 days from the date on which the notice was mailed to rescind the relinquishment. If the relinquishing parent requests rescission during the 30-day period, the department, county adoption agency, or licensed adoption agency is required to rescind the relinquishment. If the relinquishing parent does not request rescission during the 30-day period, the department, county adoption agency, or licensed adoption agency is required to select adoptive parents for the child.

Section 8700.5 allows a relinquishing birth parent to elect to sign a waiver of the right to revoke relinquishment in the presence of any of the three specified individuals. The waiver of the right to revoke relinquishment may not be signed until the department, delegated county adoption agency, or public adoption agency of another state has completed an interview, unless the waiver is signed in the presence of a judicial officer of a court of record of any state or an authorized representative of a private adoption agency licensed within or outside of California.

If the waiver is signed in the presence of an authorized representative of a licensed adoption agency, the interview is required to be conducted by the independent legal counsel for the birth parent or parents, who must complete three specified tasks, using a similar form to that which is specified in law.

The licensed adoption agency must submit the waiver and certificate to the department with the relinquishment, unless the relinquishment was submitted to the department before the waiver was signed, in which case the waiver and certificate are to be submitted to the department no later than two business days after signing. A waiver executed pursuant to this section is void if any of the three actions occur.

Section 8701 provides that, at or before the time a relinquishment is signed, the department, county adoption agency, or licensed adoption agency is required to advise the birth parent signing the relinquishment, verbally and in writing, that the birth parent may, at any time in the future, request from the department, county adoption agency, or licensed adoption agency all known information about the status of the child’s adoption, except for personal, identifying information about the adoptive family.

Section 8702 requires the department to adopt a statement to be presented to the birth parents at the time a relinquishment is signed and to prospective adoptive parents at the time of the home study. The statement, in a clear and concise manner and in words calculated to ensure the confidence of the birth parents in the integrity of the adoption process, must communicate to the birth parents of a child who is the subject of an adoption petition all of the five specified facts.

In addition, the department must adopt a form to be signed by the birth parents at the time the relinquishment is signed, which provides the specified statement.

Section 8703 states that, when the parental rights of a birth parent are terminated, the department, county adoption agency, or licensed adoption agency responsible for the adoptive placement of the child is required to send a written notice to the birth parent, if the birth parent’s address is known, that contains the specified statement.

Section 8704 says that the department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights is responsible for the care of the child, and is entitled to the exclusive custody and control of the child until an order of adoption is granted.

Any placement for temporary care, or for adoption, made by the department, county adoption agency, or licensed adoption agency may be terminated in its discretion at any time before the granting of an order of adoption. In the event of termination of any placement for temporary care or for adoption, the child must be returned promptly to the physical custody of the department, county adoption agency, or licensed adoption agency.

Section 8704.5 prohibits a foster care license or certification or resource family approval from being required for placement of a nondependent child who is relinquished for adoption to a licensed private adoption agency, if the child is placed in the care of prospective adoptive parents who have an approved adoption home study that meets the criteria established by the department for home studies conducted within the state.

Section 8705 specifies that, 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 required by law are deceased, an action may be brought by the department, county adoption agency, or licensed adoption agency requesting the court to make an order establishing that the requesting agency has the right to custody and control of the child and the authority to place the child for adoption.

Section 8706 allows an agency to not place a child for adoption unless 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, has been submitted to the prospective adoptive parents and they have acknowledged in writing the receipt of the report. The report on the child’s background has to contain all known diagnostic information. A blood sample may be provided by the biological parents.

Section 8707 requires the department to establish a statewide photo-listing service to serve all county adoption agencies and licensed adoption agencies in the state as a means of recruiting adoptive families. The department is required to adopt regulations governing the operations of the photo-listing service and establish procedures for monitoring compliance with this section. The photo-listing service must maintain child specific information.

All children legally freed for adoption whose case plan goal is adoption are to be photo-listed, unless deferred. A child is deferred from the photo-listing service when the child’s foster parents or other identified individuals who have applied to adopt the child are meeting the county adoption agency’s or licensed adoption agency’s requests for required documentation and are cooperating in the completion of a home study being conducted by the agency.

Section 8707.1 requires the agency responsible for recruitment of potential adoptive parents to make diligent efforts to recruit individuals who reflect the ethnic, racial, and cultural diversity of children for whom adoptive homes are needed.

Section 8708 prohibits the adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights from doing any of three specified actions.

Section 8709 states that the department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights may consider the child’s religious background in determining an appropriate placement.

Section 8710 specifies that, if a child is being considered for adoption, the department, county adoption agency, or licensed adoption agency must first consider adoptive placement in the home of a relative or, in the case of an Indian child. In other instances, specified conditions that are present must be considered.

In the case of an Indian child whose foster parent or parents or other prospective adoptive parents do not fall within the placement preferences established, then the foster parent or parents or other prospective adoptive parents must only be considered if the court finds, supported by clear and convincing evidence, that good cause exists to deviate from these placement preferences.

Section 8710.1 states that, if there is not an adoptive placement plan for a child with an approved adoptive family, then the department, county adoption agency, or licensed adoption agency must register the child with the exchange system.

Section 8710. provides, in order to preclude the delays or denials, the department is required to establish a statewide exchange system that interjurisdictionally matches waiting children and approved adoptive families. 

Section 8710.3 states that, if the department, county adoption agency, or licensed adoption agency has approved a family for adoption and that family may be appropriate for placement of a child who has been adjudged a dependent child of the juvenile court, the department, county adoption agency, or licensed adoption agency is required to register the family with the statewide exchange system, except in either of two specified circumstances.

Section 8710.4 requires the department to ensure that information regarding families and children registered with the statewide exchange system is accessible by licensed adoption agency personnel throughout the state. Information regarding children maintained by the statewide exchange system is confidential and cannot be disclosed to any parties other than authorized adoption agency personnel, except when consent to disclosure has been received in writing from the birth parents or the court that has jurisdiction.

Section 8711 states that specified sections apply only in determining the placement of a child who has been relinquished for adoption or has been declared free from the custody and control of the birth parents.

Section 8711.5 requires the department to adopt regulations.

Section 8712 requires the department, county adoption agency, or licensed adoption agency to require each person who files an application for adoption to be fingerprinted and secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation.

The department, county adoption agency, or licensed adoption agency may obtain arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties, as provided in this section.

Section 8713 provides that, 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 adopt the child, without first obtaining the written consent of the department, county adoption agency, or licensed adoption agency responsible for the child.

During the pendency of an adoption proceeding, two specified circumstances related to the child are required to be met. Nonetheless, this section does not apply in any of the three specified situations.

Section 8714 states that a person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by law. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.

Section 8714.5 contains two legislative findings and declarations. In addition, it provides that a relative desiring to adopt a child may for that purpose file a petition in the county in which the petitioner resides. Where a child has been adjudged to be a dependent of the juvenile court, and thereafter has been freed for adoption by the juvenile court, the petition may be filed either in the county where the petitioner resides or in the county where the child was freed for adoption.

Section 8715 requires the department, county adoption agency, or licensed adoption agency, whichever is a party to, or joins in, the petition, to submit a full report of the facts of the case to the court. The department may also submit a report in those cases in which a county adoption agency, or licensed adoption agency is a party or joins in the adoption petition.

Section 8716 provides that, 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 department, the county adoption agency, licensed adoption agency, or department may, at the time of filing a favorable report with the court, require the petitioners to pay to the agency, as agent of the state, or to the department, a fee of $500.

The county adoption agency, licensed adoption agency, or department 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, if the child has been in the foster care of the prospective adoptive parents for at least one year, or if necessary for the placement of a special-needs child.

Section 8717 provides that, 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 findings, whether favorable or unfavorable, must be given to the petitioner’s attorney in the proceeding or to the petitioner.

Section 8718 requires the prospective adoptive parents and the child proposed to be adopted to appear before the court.

Section 8719 states that, if the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk is required to immediately notify the department at Sacramento of the action.

Section 8720 states that, 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 required agency consents are not available and the department, county adoption agency, or licensed adoption agency recommends that the petition be denied, the clerk upon receipt of the report of the department, county adoption agency, or licensed adoption agency must immediately refer it to the court for review. The court must then set a date for a hearing.