reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7906.5.

7906.5. (a) Within 60 days after an officer or agency of this state, or its political subdivision, receives a request from another state to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child, who is in the custody of the requesting state, in the home, the county child welfare agency shall, directly or indirectly, do both of the following:
(1) Conduct and complete the home study.
(2) Return to the requesting state a report on the results of the home study, which shall address the extent to which placement in the home would meet the needs of the child.
(b) A licensed private adoption agency may agree to provide the services listed in subdivision (a), and upon that agreement, shall comply with the requirements of paragraphs (1) and (2) of subdivision (a).
(c) Notwithstanding subdivision (a), in the case of a home study commenced on or before September 30, 2008, if the county fails to comply with subdivision (a) within the 60-day period as a result of circumstances beyond the control of the state, including, but not limited to, failure by a federal agency to provide the results of a background check or failure of any entity to provide completed medical forms requested by the state at least 45 days before the end of the 60-day period, the county shall have 75 days to comply with subdivision (a) if the county documents the circumstances involved and certifies that completing the home study is in the best interest of the child.
(d) Nothing in this section shall be construed to require the county to have completed, within the applicable period, those portions of the home study concerning the education and training of the prospective foster parent or adoptive parent.
(e) The county shall treat any report described in subdivision (a) that is received from another state, an Indian tribe, or a private agency under contract with another state, as meeting any requirements imposed by the state for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the county determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.
(f) A county is not restricted from contracting with a private agency for the conduct of a home study described in subdivision (a).
(Added by Stats. 2007, Ch. 583, Sec. 2. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7907.

7907. No provision of law restricting out-of-state placement of children for adoption shall apply to placements made pursuant to the Interstate Compact on the Placement of Children.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7907.3.

7907.3. The Interstate Compact on the Placement of Children shall not apply to any placement, sending, or bringing of an Indian child into another state pursuant to a transfer of jurisdiction to a tribal court under Section 1911 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(Added by Stats. 2006, Ch. 838, Sec. 7. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7907.5.

7907.5. (a) A child who is born in this state and placed for adoption in this state with a resident of this state is not subject to the provisions of the Interstate Compact on the Placement of Children.
(b) A child who is born in this state and placed for adoption with a person who is not a resident of this state is subject to the provisions of the Interstate Compact on the Placement of Children, regardless of whether the adoption petition is filed in this state. In interstate placements, this state shall be deemed the sending state for any child born in the state.
(Added by Stats. 2004, Ch. 858, Sec. 2. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7908.

7908. A court having jurisdiction to place children adjudged wards of the court may place a ward in an out-of-state facility, as defined in subdivision (b) of Section 7910, pursuant to Section 727.1 of the Welfare and Institutions Code and Article 6 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article 5 of the compact.
(Amended by Stats. 2021, Ch. 86, Sec. 3. (AB 153) Effective July 16, 2021.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7908.5.

7908.5. For the purposes of an interstate adoption placement, the term “jurisdiction” as used in Article 5 of the Interstate Compact on the Placement of Children means “jurisdiction over or legal responsibility for the child.” It is the intent of the Legislature that this section make a technical clarification to the Interstate Compact on the Placement of Children and not a substantive change.
(Added by Stats. 2002, Ch. 260, Sec. 7. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7909.

7909. “Executive head” as used in Article 7 of the Interstate Compact on the Placement of Children means the Governor. The Governor shall appoint a compact administrator in accordance with the terms of Article 7 of the compact.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7910.

7910. (a) Approval of an interstate placement of a child for adoption shall not be granted by the Compact Administrator if the placement is in violation of either Section 8801 of this code or Section 273 of the Penal Code.
(b) (1) The Compact Administrator shall not submit to a receiving state a request to place a dependent or ward for whom a county child welfare agency or county probation department has placement and care responsibility in an out-of-state residential facility, unless the requirements of Section 7911.1 of this code and Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code are met.
(2) For the purpose of this section, an “out-of-state residential facility” is a facility that is located in a state outside of California, is licensed or otherwise approved by the applicable state or tribal authority, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential facility may be called another name, including a group home, a residential treatment facility, or a residential care treatment facility.
(Amended by Stats. 2021, Ch. 86, Sec. 4. (AB 153) Effective July 16, 2021.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7912.

7912. (a) The Legislature finds and declares that the health and safety of children placed in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county child welfare agency or probation department in out-of-state residential facilities be accorded the same personal rights and safeguards of a child placed in a California licensed short-term residential therapeutic program. This section is in clarification of existing law.
(b) (1) On or before September 1, 2021, and each month thereafter, the department shall report to the relevant policy and fiscal committees of the Legislature the number of children placed by a county child welfare agency or probation department in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children.
(2) On or before January 1, 2022, and every six months thereafter until facilities are decertified and all children returned to California on or before January 1, 2023, the department, in consultation with the counties, shall report to the relevant policy and fiscal committees of the Legislature on the capacity for serving all child welfare and probation-supervised foster children within California or in home-based settings outside of the state. The report shall also include all of the following data, as applicable:
(A) The number of children served by out-of-state residential facilities, disaggregated by child welfare services agency and probation department supervision.
(B) Data measures related to ongoing transition planning efforts, including child and family team meetings, child-specific recruitment and family finding activities, and multiagency care coordination efforts that occurred for each child before and during placement in the out-of-state residential facility.
(C) The lengths of stay of each child placed in an out-of-state residential facility by a California child welfare agency or probation department.
(D) The total number of all serious incident reports received regarding out-of-state residential facilities, and descriptions of the types of incidents reported.
(E) The total number of serious incident reports received regarding California children placed in out-of-state residential facilities, and descriptions of the types of incidents reported.
(3) Reports made pursuant to this subdivision shall not include any demographic data that would permit identification of any child or nonminor dependent.
(Amended by Stats. 2021, Ch. 86, Sec. 9. (AB 153) Effective July 16, 2021.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7913.

7913. (a) When a full service licensed private adoption agency has provided adoption-related services to a birth parent or prospective adoptive parent, that agency is delegated the authority to determine whether the placement shall or shall not be made pursuant to the Interstate Compact on the Placement of Children, and to sign the compact forms documenting that determination and date of placement.
(b) For children entering California in independent adoptions, prior to making a determination regarding placement and as soon as feasible, the private adoption agency shall notify the appropriate district office or delegated county adoption agency of the matter and verify that the preplacement interview of the prospective adoptive parent or parents has been completed.
(c) This section shall not apply to a child who is a dependent of the court or a child subject to a petition filed under Section 300 of the Welfare and Institutions Code.
(Added by Stats. 2011, Ch. 462, Sec. 5. (AB 687) Effective January 1, 2012.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 6 - FOSTER CARE PLACEMENT CONSIDERATIONS › Section 7950.

7950. (a) With full consideration for the proximity of the natural parents to the placement so as to facilitate visitation and family reunification, when a placement in foster care is being made, the following considerations shall be used:
(1) Placement shall, if possible, be made in the home of a relative, unless the placement would not be in the best interest of the child. Diligent efforts shall be made by an agency or entity to which this subdivision applies, to locate an appropriate relative, as defined in paragraph (2) of subdivision (f) of Section 319 of the Welfare and Institutions Code. At any permanency hearing in which the court terminates reunification services, or at any postpermanency hearing for a child not placed for adoption, the court shall find that the agency or entity to which this subdivision applies has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted to the agency or entity as a possible caretaker, either by the relative or by other persons, has been evaluated as an appropriate placement resource.
(2) An agency or entity that receives any state assistance and is involved in foster care placements shall not do either of the following:
(A) Deny to any person the opportunity to become a foster parent on the basis of the race, color, or national origin of the person or the child involved.
(B) Delay or deny the placement of a child into foster care on the basis of the race, color, or national origin of the foster parent or the child involved.
(b) Subdivision (a) does not affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
(c) This section does not preclude a search for an appropriate relative being conducted simultaneously with a search for a foster family.
(Amended by Stats. 2019, Ch. 115, Sec. 106. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 6 - FOSTER CARE PLACEMENT CONSIDERATIONS › Section 7951.

7951. This part does not apply in determining the foster care setting in which the child may be placed for a period not intended to exceed 30 days.
(Repealed and added by Stats. 1995, Ch. 884, Sec. 2. Effective January 1, 1996.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 6 - FOSTER CARE PLACEMENT CONSIDERATIONS › Section 7952.

7952. A minor 10 years of age or older being considered for placement in a foster home has the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor’s right to make a statement is not limited to the initial placement, but continues for any proceedings concerning continued placement or a decision to return to parental custody.
(Repealed and added by Stats. 1995, Ch. 884, Sec. 2. Effective January 1, 1996.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 7 - SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS › Section 7960.

7960. For purposes of this part, the following terms have the following meanings:
(a) “Assisted reproduction agreement” has the same meaning as defined in subdivision (b) of Section 7606.
(b) “Fund management agreement” means the agreement between the intended parents and the surrogacy or donor facilitator relating to the fee or other valuable consideration for services rendered or that will be rendered by the surrogacy or donor facilitator.
(c) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction.
(d) “Nonattorney surrogacy or donor facilitator” means a surrogacy or donor practitioner who is not an attorney in good standing licensed to practice law in this state.
(e) “Surrogacy or donor facilitator” means a person or organization that engages in either of the following activities:
(1) Advertising for the purpose of soliciting parties to an assisted reproduction agreement or for the donation of oocytes for use by a person other than the provider of the oocytes, or acting as an intermediary between the parties to an assisted reproduction agreement or oocyte donation.
(2) Charging a fee or other valuable consideration for services rendered relating to an assisted reproduction agreement or oocyte donation.
(f) “Surrogate” means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in Sections 7606 and 7962. Within the definition of surrogate are two different and distinct types:
(1) “Traditional surrogate” means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents.
(2) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate a genetically unrelated embryo pursuant to an assisted reproduction agreement.
(g) “Donor” means a woman who provides oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children.
(Amended by Stats. 2019, Ch. 115, Sec. 107. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 7 - SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS › Section 7961.

7961. (a) A nonattorney surrogacy or donor facilitator shall direct the client to deposit all client funds into either of the following:
(1) An independent, bonded escrow depository maintained by a licensed, independent, bonded escrow company.
(2) A trust account maintained by an attorney.
(b) For purposes of this section, a nonattorney surrogacy or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor facilitator and any of its directors or employees shall not be an agent of any escrow company holding client funds.
(c) Client funds may only be disbursed by the attorney or escrow agent as set forth in the assisted reproduction agreement and fund management agreement.
(d) This section shall not apply to funds that are both of the following:
(1) Not provided for in the fund management agreement.
(2) Paid directly to a medical doctor for medical services or a psychologist for psychological services.
(Amended by Stats. 2015, Ch. 91, Sec. 4. (AB 1049) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8503.

8503. “Adoptive parent” means a person who has obtained an order of adoption of a minor child or, in the case of an adult adoption, an adult.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8506.

8506. “Agency adoption” means the adoption of a minor, other than an intercountry adoption, in which the department, county adoption agency, or licensed adoption agency is a party to, or joins in, the adoption petition.
(Amended by Stats. 2012, Ch. 35, Sec. 2. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8509.

8509. “Applicant” means a person who has submitted a written application to adopt a child from the department, county adoption agency, or licensed adoption agency and who is being considered by the adoption agency for the adoptive placement of a child.
(Amended by Stats. 2012, Ch. 35, Sec. 3. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8515.

8515. “Delegated county adoption agency” means a county adoption agency that has agreed to provide the services described in Chapter 3 (commencing with Section 8800) of Part 2.
(Amended by Stats. 2012, Ch. 35, Sec. 5. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8521.

8521. (a) “Full-service adoption agency” means a licensed or authorized entity engaged in the business of providing adoption services, that does all of the following:
(1) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(2) Assesses the birth parents, prospective adoptive parents, or child.
(3) Places children for adoption.
(4) Supervises adoptive placements.
(5) Recruits prospective adoptive parents, locates children for adoption, or acts as an intermediary between the parties to an adoption.
(b) Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a private full-service adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(Amended by Stats. 2023, Ch. 43, Sec. 2. (AB 120) Effective July 10, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8524.

8524. “Independent adoption” means the adoption of a child in which neither the department, county adoption agency, nor agency licensed by the department is a party to, or joins in, the adoption petition.
(Amended by Stats. 2012, Ch. 35, Sec. 7. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8527.

8527. “Intercountry adoption” means the adoption of a foreign-born child for whom federal law makes a special immigration visa available. Intercountry adoption includes completion of the adoption in the child’s native country or completion of the adoption in this state.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8530.

8530. “Licensed adoption agency” means any agency licensed by the department to provide the adoption services specified in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code.
(Amended by Stats. 2023, Ch. 43, Sec. 3. (AB 120) Effective July 10, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8533.

8533. (a) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, which does all of the following:
(1) Assesses the prospective adoptive parents.
(2) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved prospective adoptive parents.
(3) Cooperatively supervises adoptive placements with a full-service adoption agency, but does not disrupt a placement or remove a child from a placement.
(4) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption.
(b) Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
(Amended by Stats. 2023, Ch. 43, Sec. 4. (AB 120) Effective July 10, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8539.

8539. “Place for adoption” means, in the case of an independent adoption, the selection of a prospective adoptive parent or parents for a child by the birth parent or parents and the completion of an adoptive placement agreement on a form prescribed by the department by the birth parent or parents placing the child with prospective adoptive parents.
This section shall become operative on January 1, 1995.
(Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 4. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8542.

8542. “Prospective adoptive parent” means a person who has filed or intends to file a petition under Part 2 (commencing with Section 8600) to adopt a child who has been or who is to be placed in the person’s physical care or a petition under Part 3 (commencing with Section 9300) to adopt an adult.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8543.

8543. “Qualified court investigator” means a superior court investigator with the same minimum qualifications as a probation officer or county welfare worker designated to conduct stepparent adoption investigations in stepparent adoption proceedings and proceedings to declare a minor free from parental custody and control.
(Added by Stats. 1993, Ch. 219, Sec. 185. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8545.

8545. “Special needs child” means a child for whom all of the following are true:
(a) It has been determined that the child cannot or should not be returned to the parent’s home, as evidenced by a petition for termination of parental rights, a court order terminating parental rights, or a signed relinquishment.
(b) The child has at least one of the following characteristics that is a barrier to adoption:
(1) Adoptive placement without financial assistance is unlikely because of membership in a sibling group that should remain intact, or by virtue of race, ethnicity, color, language, age of three years or older, or parental background of a medical or behavioral nature that can be determined to adversely affect the development of the child.
(2) Adoptive placement without financial assistance is unlikely because the child has a mental, physical, emotional, or medical disability that has been certified by a licensed professional competent to make an assessment and operating within the scope of that person’s profession. This paragraph shall also apply to children with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, including those determined to require out-of-home nonmedical care as described in Section 11464 of the Welfare and Institutions Code.
(c) The need for adoption subsidy is evidenced by an unsuccessful search for an adoptive home to take the child without financial assistance, as documented in the case file of the prospective adoptive child. The requirement for this search shall be waived when it would be against the best interest of the child because of the existence of significant emotional ties with prospective adoptive parents while in the care of these persons as a foster child.
(Amended by Stats. 2019, Ch. 115, Sec. 110. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 1 - DEFINITIONS › Section 8548.

8548. “Stepparent adoption” means an adoption of a child by a stepparent where one birth parent retains custody and control of the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8600.

8600. An unmarried minor may be adopted by an adult as provided in this part.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8600.5.

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, does not apply to this part.
(Amended by Stats. 2012, Ch. 35, Sec. 9. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8601.

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 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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8601.5.

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 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.
(Added by Stats. 2011, Ch. 462, Sec. 6. (AB 687) Effective January 1, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8602.

8602. The consent of a child, if over the age of 12 years, is necessary to the child’s adoption.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8603.

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 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. 111. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8605.

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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8606.

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 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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8606.5.

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 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.
(Amended by Stats. 2019, Ch. 115, Sec. 113. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8607.

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 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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8608.

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 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. 2012, Ch. 35, Sec. 10. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8609.

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 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. 2023, Ch. 192, Sec. 1. (SB 138) Effective September 13, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8609.5.

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) 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. 2022, Ch. 159, Sec. 2. (AB 2495) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8610.

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 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.
(Amended by Stats. 2023, Ch. 192, Sec. 2. (SB 138) Effective September 13, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8611.

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, 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.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8612.

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 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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8613.

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 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. 2002, Ch. 784, Sec. 109. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8613.5.

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 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. 2014, Ch. 763, Sec. 9. (AB 1701) Effective January 1, 2015.)