reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2.5 - Adoptions by Relative Caregivers or Foster Parents › Section 8733.

8733. The department, county adoption agency, or licensed adoption agency shall require the adoptive parent to be provided with information related to the specific needs of the child to be adopted, that, as determined by the licensed adoption agency, may include information regarding the following: issues surrounding birth parents, the effects of abuse and neglect on children, cultural and racial issues, sexuality, contingency planning for children in the event of the parents’ death or disability, financial assistance for adopted children, common childhood disabilities, including, but not limited to, emotional disturbances, attention deficit disorder, learning disabilities, speech and hearing impairment, and dyslexia, the importance of sibling and half-sibling relationships, and other issues related to adoption and child development and the availability of counseling to deal with these issues.
(Amended by Stats. 2012, Ch. 35, Sec. 34. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2.5 - Adoptions by Relative Caregivers or Foster Parents › Section 8734.

8734. The department shall encourage adoption agencies to make adoption training programs available to prospective adoptive families.
(Added by Stats. 1998, Ch. 983, Sec. 3. Effective January 1, 1999.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2.5 - Adoptions by Relative Caregivers or Foster Parents › Section 8735.

8735. The department shall adopt regulations requiring county adoption agencies and licensed adoption agencies to inform the agency responsible for the foster care placement when a relative caregiver or foster parent has been denied approval to adopt based on an inability of the relative caregiver or foster parent to provide for the mental and emotional health, safety, and security of the child and to recommend either that the relative caregiver or foster parent be provided with additional support and supervision or that the child be removed from the home of the relative caregiver or foster parent.
(Amended by Stats. 2012, Ch. 35, Sec. 35. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2.5 - Adoptions by Relative Caregivers or Foster Parents › Section 8736.

8736. The requirements of this chapter shall not be used as basis for removing a child who has been placed with a relative caregiver or foster parent prior to January 1, 1999, unless the noncompliance with the standards described therein present a danger to the health, safety, or emotional well-being of the child.
(Added by Stats. 1998, Ch. 983, Sec. 3. Effective January 1, 1999.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8801.

8801. (a) The selection of a prospective adoptive parent or parents shall be personally made by the child’s birth parent or parents and may not be delegated to an agent. The act of selection by the birth parent or parents shall be based upon personal knowledge of the prospective adoptive parent or parents.
(b) “Personal knowledge” as used in this section includes, but is not limited to, substantially correct knowledge of all of the following regarding the prospective adoptive parents: their full legal names, ages, religion, race or ethnicity, length of current marriage and number of previous marriages, employment, whether other children or adults reside in their home, whether there are other children who do not reside in their home and the child support obligation for these children and any failure to meet these obligations, any health conditions curtailing their normal daily activities or reducing their normal life expectancies, any convictions for crimes other than minor traffic violations, any removals of children from their care due to child abuse or neglect, and their general area of residence or, upon request, their address.
(Amended by Stats. 2019, Ch. 115, Sec. 125. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8801.5.

8801.5. (a) Each birth parent placing a child for adoption shall be advised of their rights by an adoption service provider.
(b) The birth parent shall be advised of their rights in a face-to-face meeting in which the birth parent may ask questions and have questions answered, as provided by Section 8801.3.
(c) The department shall prescribe the format and process for advising birth parents of their rights, the content of which shall include, but not be limited to, the following:
(1) The alternatives to adoption.
(2) The alternative types of adoption, including a description of the full procedures and timeframes involved in each type.
(3) The full rights and responsibilities of the birth parent with respect to adoption, including the need to keep the department informed of the birth parent’s current address in case of a medical emergency requiring contact and of providing a full health history.
(4) The right to separate legal counsel paid for by the prospective adoptive parents upon the request of the birth parent, as provided for by Section 8800.
(5) The right to a minimum of three separate counseling sessions, each to be held on different days, to be paid for by the prospective adoptive parents upon the request of the birth parents, as provided for by subdivision (d).
(d) Each person advised pursuant to this section shall be offered at least three separate counseling sessions, to be held on different days. Each counseling session shall be not less than 50 minutes in duration. The counseling may be provided by the adoption service provider who informs the birth parent of their rights, or by another adoption service provider, or by a licensed psychotherapist, as defined by Section 1010 of the Evidence Code, as elected by the person, and after having been informed of these choices.
(e) The counselor owes a duty of care to the birth parent being counseled, similar to the duty of care established by a psychotherapist-patient relationship, regardless of who pays the fees of the counselor. A counselor shall not have a contractual relationship with the adoptive parents, an attorney for the adoptive parents, or any other individual or an organization performing any type of services for the adoptive parents and for which the adoptive parents are paying a fee, except as relates to payment of the birth parents’ fee.
(f) The advisement and counseling fees shall be paid by the prospective adoptive parents at the request of the birth parent.
(g) Failure to fulfill the duties specified in this section shall not be construed as a basis for setting aside the consent or the adoption, but may give rise to a cause of action for malpractice or negligence against those professionals or agencies serving as adoption service providers that are responsible for fulfilling the duties.
(Amended by Stats. 2019, Ch. 115, Sec. 127. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8801.7.

8801.7. (a) An adoption service provider shall also witness the signature of the adoption placement agreement and offer to interview the birth parent after the placement of the child with prospective adoptive parents. The interview shall occur within 10 working days after the placement of the child for adoption and shall include a consideration of any concerns or problems the birth parent has with the placement, a readvisement of the rights of the birth parent, and the taking of the health and social history of the birth parent, if not taken previously.
(b) The adoption service provider shall immediately notify the department or delegated county adoption agency if the birth parent is not interviewed as provided in subdivision (a) or if there are any concerns regarding the placement. If the birth parent wishes to revoke the consent, the adoption service provider shall assist the birth parent in obtaining the return of the child.
(c) The adoption service provider owes a very high duty of care to the birth parent being advised, regardless of who pays the provider’s fees. The duty of care specifically does not include a duty to investigate information provided by the birth parents, prospective adoptive parents, or their attorneys or agents. No adoption service provider shall have a contractual relationship with prospective adoptive parents, an attorney or representative for prospective adoptive parents, or any individual or organization providing services of any type to prospective adoptive parents for which the adoptive parents are paying a fee, except as relates to the payment of the fees for the advising and counseling of the birth parents.
(d) This section shall become operative on January 1, 1995.
(Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 9. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8803.

8803. (a) During the pendency of an adoption proceeding:
(1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption, or from the court with jurisdiction over the adoption proceeding.
(2) The child shall 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 department or delegated county adoption agency responsible for the investigation of the proposed adoption. 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 department or delegated county adoption agency. If the department or delegated county 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.
(b) This section does not apply in any of the following situations:
(1) When the child is absent for a period of not more than 30 days from the county of the petitioner’s residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the child’s removal from the county of the petitioner’s residence at the time of placement, pending consideration of any of the following:
(A) The suitability of the petitioners.
(B) The care provided the child.
(C) The availability of the legally required consents to the adoption.
(2) Where the child has been returned to and remains in the custody and control of the child’s birth parent or parents.
(c) A violation of this section is a violation of Section 280 of the Penal Code.
(d) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law.
(Amended by Stats. 2022, Ch. 159, Sec. 6. (AB 2495) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8804.

8804. (a) Whenever the petitioners move to withdraw the petition for the adoption or to dismiss the proceeding, the clerk of the court in which the proceeding is pending shall immediately notify the department at Sacramento of the action. The department or the delegated county adoption agency shall file a full report with the court recommending a suitable plan for the child in every case where the petitioners move to withdraw the petition for the adoption or where the department or delegated county adoption agency recommends that the petition for adoption be denied and shall appear before the court for the purpose of representing the child.
(b) Notwithstanding the withdrawal or dismissal of the petition, the court may retain jurisdiction over the child for the purposes of making any order for the child’s custody that the court deems to be in the child’s best interest.
(c) If a birth parent who did not place a child for adoption as specified in Section 8801.3 has refused to give the required consent, or a birth parent revokes consent as specified in Section 8814.5, the child shall be restored to the care and custody of the birth parent or parents, unless the court orders otherwise, subject to Section 3041.
(Amended by Stats. 2014, Ch. 763, Sec. 11. (AB 1701) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8805.

8805. At the hearing, if the court sustains the recommendation of the department or delegated county adoption agency that the child be removed from the home of the petitioners because the department or agency recommends denial or if the petitioners move to withdraw the petition or if the court dismisses the petition and does not return the child to the birth parents, the court shall commit the child to the care of the department or delegated county adoption agency, whichever made the recommendation, for the department or agency to arrange adoptive placement or to make a suitable plan. In those counties not served by a delegated county adoption agency, the county welfare department shall act as the agent of the department and shall provide care for the child in accordance with rules and regulations established by the department.
(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 3 - Independent Adoptions › Section 8806.

8806. The department or delegated county adoption agency shall accept the consent of the birth parents to the adoption of the child by the petitioners and, before filing its report with the court, shall ascertain whether the child is a proper subject for adoption and whether the proposed home is suitable for 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 3 - Independent Adoptions › Section 8807.

8807. (a) Except as provided in subdivisions (b) and (c), within 180 days after receiving 50 percent of the fee, the department or delegated county adoption agency shall investigate the proposed independent adoption and, after the remaining balance of the fee is paid, submit to the court a full report of the facts disclosed by its inquiry with a recommendation regarding the granting of the petition. If the petitioners have a valid preplacement evaluation or a valid private agency adoption home study, as described in paragraph (2) of subdivision (a) of Section 8810, and no new information has been discovered and no new event has occurred subsequent to the approval of the evaluation or home study that creates a reasonable belief that further investigation is necessary, the department or delegated county adoption agency may elect not to reinvestigate any matters covered in the evaluation or home study, except that the department shall complete all background clearances required by law.
(b) If the investigation establishes that there is a serious question concerning the suitability of the petitioners, the care provided to the child, or the availability of the consent to adoption, the report shall be filed immediately.
(c) In its discretion, the court may allow additional time for the filing of the report, after at least five days’ notice to the petitioner or petitioners and an opportunity for the petitioner or petitioners to be heard with respect to the request for additional time.
(d) If a petitioner is a resident of a state other than California, an updated and current home study report, conducted and approved by a licensed adoption agency or other authorized resource in the state in which the petitioner resides, shall be reviewed and endorsed by the department or delegated county adoption agency, if the standards and criteria established for a home study report in the other state are substantially commensurate with the home study standards and criteria established in California adoption regulations.
(Amended by Stats. 2014, Ch. 763, Sec. 12. (AB 1701) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8808.

8808. (a) The department or delegated county adoption agency shall interview the petitioners within 45 working days, excluding legal holidays, after the department or delegated county adoption agency receives 50 percent of the investigation fee together with a stamped file copy of the adoption petition.
(b) The department or delegated county adoption agency shall interview all persons from whom consent is required and whose addresses are known. The interview with the placing parent or parents shall include, but not be limited to, discussion of any concerns or problems that the parent has with the placement and, if the placing parent was not interviewed as provided in Section 8801.7, the content required in that interview. At the interview, the agency shall give the parent an opportunity to sign either a statement revoking the consent, or a waiver of the right to revoke consent, as provided in Section 8814.5, unless the parent has already signed a waiver or the time period allowed to revoke consent has expired.
(c) In order to facilitate the interview described in this section, within five business days of filing the petition, the petitioners shall provide the department or delegated county adoption agency a stamped file copy of the petition together with 50 percent of the fee, a copy of any valid preplacement evaluation or any valid private agency adoption home study, as described in paragraph (2) of subdivision (a) of Section 8810, and the names, addresses, and telephone numbers of all parties to be interviewed, if known.
(Amended by Stats. 2014, Ch. 763, Sec. 13. (AB 1701) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8810.

8810. (a) Except as otherwise provided in this section, whenever a petition is filed under this chapter for the adoption of a child, the petitioner shall pay a nonrefundable fee to the department or to the delegated county adoption agency for the cost of investigating the adoption petition. Fifty percent of the payment shall be made to the department or delegated county adoption agency at the time the adoption petition is filed, and the remaining balance shall be paid no later than the date determined by the department or the delegated county adoption agency in an amount as follows:
(1) For petitions filed on and after October 1, 2008, four thousand five hundred dollars ($4,500).
(2) For petitioners who have a valid preplacement evaluation less than one year old pursuant to Section 8811.5, or a valid private agency adoption home study less than two years old at the time of filing a petition, one thousand five hundred fifty dollars ($1,550) for a postplacement evaluation pursuant to Sections 8806 and 8807.
(b) Revenues produced by fees collected by the department pursuant to subdivision (a) shall be used, when appropriated by the Legislature, to fund only the direct costs associated with the state program for independent adoptions. Revenues produced by fees collected by the delegated county adoption agency pursuant to subdivision (a) shall be used by the county to fund the county program for independent adoptions.
(c) The department or delegated county adoption agency may reduce the fee to no less than five hundred dollars ($500) when the prospective adoptive parents are lower income, according to the income limits published by the Department of Housing and Community Development, and when making the required payment would be detrimental to the welfare of an adopted child. The department shall develop additional guidelines regarding income and assets to determine the financial criteria for reduction of the fee under this subdivision.
(Amended by Stats. 2013, Ch. 743, Sec. 3. (AB 848) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8811.5.

8811.5. (a) A licensed private or public adoption agency of the state of the petitioners’ residency may certify prospective adoptive parents by a preplacement evaluation that contains a finding that an individual is suited to be an adoptive parent.
(b) The preplacement evaluation shall include an investigation pursuant to standards included in the regulations governing independent adoption investigations established by the department. Fees for the investigation shall be commensurate with those fees charged for a comparable investigation conducted by the department or by a delegated licensed county adoption agency.
(c) The preplacement evaluation, whether it is conducted for the purpose of initially certifying prospective adoptive parents or for renewing that certification, shall be completed no more than one year prior to the signing of an adoption placement agreement. The cost for renewal of that certification shall be in proportion to the extent of the work required to prepare the renewal that is attributable to changes in family circumstances.
(Amended by Stats. 2004, Ch. 128, Sec. 1. Effective January 1, 2005.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8812.

8812. Any request by a birth parent or birth parents for payment by the prospective adoptive parents of attorney’s fees, medical fees and expenses, counseling fees, or living expenses of the birth mother shall be in writing. The birth parent or parents shall, by first-class mail or other agreed upon means to ensure receipt, provide the prospective adoptive parents written receipts for any money provided to the birth parent or birth parents. The prospective adoptive parents shall provide the receipts to the court when the accounting report required pursuant to Section 8610 is filed.
(Added by Stats. 1993, Ch. 450, Sec. 3. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8813.

8813. At or before the time a consent to adoption is signed, the department or delegated county adoption agency shall advise the birth parent signing the consent, verbally and in writing, that the birth parent may, at any time in the future, request from the department or agency, all known information about the status of the child’s adoption, except for personal, identifying information about the adoptive family. The birth parent shall be advised that this information includes, but is not limited to, all of the following:
(a) Whether the child has been placed for adoption.
(b) The approximate date that an adoption was completed.
(c) If the adoption was not completed or was vacated, for any reason, whether adoptive placement of the child is again being considered.
(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 3 - Independent Adoptions › Section 8814.

8814. (a) Except as provided in Section 7662, the consent of the birth parent or parents who did not place the child for adoption, as described in Section 8801.3, to the adoption shall be signed in the presence of an agent of the department or of a delegated county adoption agency on a form prescribed by the department. The consent shall be filed with the clerk of the appropriate superior court.
(b) The consent described in subdivision (a), when reciting that the person giving it is entitled to the sole custody of the child and when acknowledged before that agent, is prima facie evidence of the right of the person making it to the sole custody of the child and that person’s sole right to consent.
(c) If the birth parent described in subdivision (a) is located outside this state for an extended period of time unrelated to the adoption at the time of signing the consent, the consent may be signed before a notary or other person authorized to perform notarial acts, and in that case the consent of the department or of the delegated county adoption agency is also necessary.
(d) A birth parent who is a minor has the right to sign a consent for the adoption of the birth parent’s child and the consent is not subject to revocation by the birth parent by reason of minority, or because the parent or guardian of the consenting minor parent was not served with notice that the minor parent consented to the adoption, unless the minor parent has previously provided written authorization to serve the minor parent’s parent or guardian with that notice.
(Amended by Stats. 2019, Ch. 115, Sec. 129. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8815.

8815. (a) Once the revocable consent to adoption has become permanent as provided in Section 8814.5, the consent to the adoption by the prospective adoptive parents may not be withdrawn.
(b) Before the time when the revocable consent becomes permanent as provided in Section 8814.5, the birth parent or parents may request return of the child. In that case the child shall immediately be returned to the requesting birth parent or parents, unless a court orders otherwise.
(c) If the person or persons with whom the child has been placed have concerns that the birth parent or parents requesting return of the child are unfit or present a danger of harm to the child, that person or those persons may report their concerns to the appropriate child welfare agency. These concerns shall not be a basis for failure to immediately return the child, unless a court orders otherwise.
(Amended by Stats. 2014, Ch. 763, Sec. 15. (AB 1701) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8816.

8816. In an independent adoption where the consent of the birth parent or parents is not necessary, the department or delegated county adoption agency shall, before the hearing of the petition, file its consent to the adoption with the clerk of the court in which the petition is filed. The consent may not be given unless the child’s welfare will be promoted by the 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 3 - Independent Adoptions › Section 8817.

8817. (a) 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, shall be made by the department or delegated county adoption agency as part of the study required by Section 8806.
(b) The report on the child’s background shall contain all known diagnostic information, including current medical reports on the child, psychological evaluations, and scholastic information, as well as all known information regarding the child’s developmental history and family life.
(c) The report shall be submitted to the prospective adoptive parents who shall acknowledge its receipt in writing.
(d) (1) The biological parents may provide a blood sample at a clinic or hospital approved by the State Department of Health Services. The biological parents’ failure to provide a blood sample shall not affect the adoption of the child.
(2) The blood sample 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.
(3) The purpose of the stored sample of blood is to provide a blood sample from which DNA testing can be done at a later date after entry of the order of adoption at the request of the adoptive parents or the adopted child. The cost of drawing and storing the blood samples shall be paid for by a separate fee in addition to the fee required under Section 8810. The amount of this additional fee shall be based on the cost of drawing and storing the blood samples but at no time shall the additional fee be more than one hundred dollars ($100).
(e) (1) The blood sample shall be stored and released in such a manner as to not identify any party to the adoption.
(2) Any results of the DNA testing shall be stored and released in such a manner as to not identify any party to the adoption.
(Amended by Stats. 1996, Ch. 1053, Sec. 2. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8818.

8818. (a) The department shall adopt a statement to be presented to the birth parents at the time the consent to adoption is signed and to prospective adoptive parents at the time of the home study. The statement shall, 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, communicate to the birth parent of a child who is the subject of an adoption petition all of the following facts:
(1) It is in the child’s best interest that the birth parents keep the department informed of any health problems that the parent develops that could affect the child.
(2) It is extremely important that the birth parent keep an address current with the department in order to permit a response to inquiries concerning medical or social history.
(3) Section 9203 of the Family Code authorizes a person who has been adopted and who attains the age of 21 years to request the department to disclose the name and address of the adoptee’s birth parents. Consequently, it is of the utmost importance that the birth parent indicate whether to allow this disclosure by checking the appropriate box provided on the form.
(4) The birth parent may change the decision whether to permit disclosure of the birth parent’s name and address, at any time, by sending a notarized letter to that effect, by certified mail, return receipt requested, to the department.
(5) The consent will be filed in the office of the clerk of the court in which the adoption takes place. The file is not open to inspection by any persons other than the parties to the adoption proceeding, their attorneys, and the department, except upon order of a judge of the superior court.
(b) The department shall adopt a form to be signed by the birth parents at the time the consent to adoption is signed, which shall provide as follows:
“Section 9203 of the Family Code authorizes a person who has been adopted and who attains the age of 21 years to make a request to the State Department of Social Services, or the licensed adoption agency that joined in the adoption petition, for the name and address of the adoptee’s birth parents. Indicate by checking one of the boxes below whether or not you wish your name and address to be disclosed:
□YES
□NO
□UNCERTAIN AT THIS TIME; WILL NOTIFY
AGENCY AT LATER DATE.”
(Amended by Stats. 2002, Ch. 784, Sec. 113. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8819.

8819. When the parental rights of a birth parent are terminated pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 or Part 4 (commencing with Section 7800) of Division 12, the department or delegated county adoption agency shall send a written notice to the birth parent, if the birth parent’s address is known, that contains the following statement:
“You are encouraged to keep the department or this agency informed of your current address in order to permit a response to any inquiry concerning medical or social history made by or on behalf of the child who was the subject of the court action terminating parental rights.”
(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 3 - Independent Adoptions › Section 8820.

8820. (a) The birth parent or parents or the petitioner may appeal in either of the following cases:
(1) If for a period of 180 days from the date of paying 50 percent of the fee, or upon the expiration of any extension of the period granted by the court, the department or delegated county adoption agency fails or refuses to accept the consent of the birth parent or parents to the adoption.
(2) In a case where the consent of the department or delegated county adoption agency is required by this chapter, if the department or agency fails or refuses to file or give its consent to the adoption after full payment has been received.
(b) The appeal shall be filed in the court in which the adoption petition is filed. The court clerk shall immediately notify the department or delegated county adoption agency of the appeal and the department or agency shall, within 10 days, file a report of its findings and the reasons for its failure or refusal to consent to the adoption or to accept the consent of the birth parent or parents.
(c) After the filing of the report by the department or delegated county adoption agency, the court may, if it deems that the welfare of the child will be promoted by that adoption, allow the signing of the consent by the birth parent or parents in open court or, if the appeal is from the refusal of the department or delegated county adoption agency to consent thereto, grant the petition without the consent.
(d) This section shall become operative on October 1, 2008.
(Repealed (in Sec. 13) and added by Stats. 2008, Ch. 759, Sec. 14. Effective September 30, 2008. Section operative October 1, 2008, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8821.

8821. When any report or findings are submitted to the court by the department or a delegated county 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.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 3 - Independent Adoptions › Section 8822.

8822. (a) If the findings of the department or delegated county adoption agency are that the home of the petitioners is not suitable for the child or that the required consents are not available and the department or agency recommends that the petition be denied, or if the petitioners desire to withdraw the petition and the department or agency recommends that the petition be denied, the clerk upon receipt of the report of the department or agency shall immediately refer it to the court for review.
(b) Upon receipt of the report, the court shall set a date for a hearing of the petition and shall give reasonable notice of the hearing to the department or delegated county adoption agency, the petitioners, and the birth parents by certified mail, return receipt requested, to the address of each as shown in the proceeding.
(c) The department or delegated county adoption agency shall appear to represent 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 3 - Independent Adoptions › Section 8823.

8823. 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.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8900.

8900. (a) Intercountry adoption services described in this chapter shall be exclusively provided by private adoption agencies licensed by the department specifically to provide these services. As a condition of licensure to provide intercountry adoption services, any private full-service adoption agency and any 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.
(b) A private full-service adoption agency or a noncustodial adoption agency, when acting as the primary provider and using a supervised provider, shall ensure that each supervised provider operates under a written agreement with the primary provider pursuant to subdivision (b) of Section 96.45 of Title 22 of the Code of Federal Regulations.
(c) The primary provider shall provide to the department a copy of the written agreement with each supervised provider containing all provisions required pursuant to subdivision (b) of Section 96.45 of Title 22 of the Code of Federal Regulations.
(Amended by Stats. 2007, Ch. 583, Sec. 5. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8901.

8901. The department shall adopt regulations to administer the intercountry adoption program.
(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 4 - Intercountry Adoptions › Section 8902.

8902. For intercountry adoptions that will be finalized in this state, the licensed adoption agency shall provide all of the following services:
(a) Assessment of the suitability of the applicant’s home.
(b) Placement of the foreign-born child in an approved home.
(c) Postplacement supervision.
(d) Submission to the court of a report on the intercountry adoptive placement with a recommendation regarding the granting of the petition.
(e) Services to applicants seeking to adopt related children living in foreign countries. The Legislature recognizes that these children have an impelling need for adoptive placement with their relatives.
(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 4 - Intercountry Adoptions › Section 8903.

8903. (a) For each intercountry adoption finalized in this state, the licensed adoption agency shall assume all responsibilities for the child including care, custody, and control as if the child had been relinquished for adoption in this state from the time the child left the child’s native country.
(b) Notwithstanding subdivision (a), if the child’s native country requires and has given full guardianship to the prospective adoptive parents, the prospective adoptive parents shall assume all responsibilities for the child including care, custody, control, and financial support.
(c) If the licensed adoption agency or prospective adoptive parents fail to meet the responsibilities under subdivision (a) or (b) and the child becomes a dependent of the court pursuant to Section 300 of the Welfare and Institutions Code, the state shall assume responsibility for the cost of care for the child. When the child becomes a 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.
(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 4 - Intercountry Adoptions › Section 8904.

8904. For an intercountry adoption that will be finalized in a foreign country, the licensed adoption agency shall provide all of the following services:
(a) Assessment of the suitability of the applicant’s home.
(b) Certification to the United States Citizenship and Immigration Services that this state’s intercountry adoption requirements have been met.
(c) Readoption services as required by the United States Citizenship and Immigration Services.
(d) Postadoption services pursuant to any written agreement between the licensed adoption agency and any other person or entity for which the postadoption services have been paid.
(Amended by Stats. 2019, Ch. 805, Sec. 1. (AB 677) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8905.

8905. 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.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8906.

8906. 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.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8907.

8907. 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.
(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 4 - Intercountry Adoptions › Section 8909.

8909. (a) An agency may 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.
(b) The report on the child’s background shall contain all known diagnostic information, including current medical reports on the child, psychological evaluations, and scholastic information, as well as all known information regarding the child’s developmental history and family life.
(c) (1) The biological parents may provide a blood sample at a clinic or hospital approved by the State Department of Health Services. The biological parents’ failure to provide a blood sample shall not affect the adoption of the child.
(2) The blood sample 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.
(3) The purpose of the stored sample of blood is to provide a blood sample from which DNA testing can be done at a later date after entry of the order of adoption at the request of the adoptive parents or the adopted child. The cost of drawing and storing the blood samples shall be paid for by a separate fee in addition to any fee required under Section 8907. The amount of this additional fee shall be based on the cost of drawing and storing the blood samples but at no time shall the additional fee be more than one hundred dollars ($100).
(d) (1) The blood sample shall be stored and released in such a manner as to not identify any party to the adoption.
(2) Any results of the DNA testing shall be stored and released in such a manner as to not identify any party to the adoption.
(Amended by Stats. 1996, Ch. 1053, Sec. 3. Effective January 1, 1997.)