reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8910.

8910. (a) In no event may a child who has been placed for adoption be removed from the county in which the child was placed, by any person who has not petitioned to adopt the child, without first obtaining the written consent of the licensed adoption agency responsible for the child.
(b) 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 licensed adoption agency responsible for the child. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the licensed adoption agency responsible for the child. If the licensed adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest.
(c) 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 removal of the child 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 agency 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.
(3) Where written consent for the removal of the child is obtained from the licensed adoption agency responsible for the child.
(d) A violation of this section is a violation of Section 280 of the Penal Code.
(e) 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. 7. (AB 2495) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8911.

8911. As a condition of placement, the prospective adoptive parents shall file a petition to adopt the child under Section 8912 within 30 days of placement.
(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 8912.

8912. (a) An international adoption or readoption request may be filed by a resident of this state in a county authorized by Section 8609.5. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b) The caption of the adoption request shall contain the names of the petitioners, but not the child’s name. The request shall state the child’s sex, date of birth, and the name the child had before adoption.
(c) If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(d) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
(e) If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(Amended by Stats. 2023, Ch. 851, Sec. 9. (AB 1650) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8913.

8913. 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 8914.

8914. If the licensed adoption agency is a party to or joins in the adoption petition, it shall submit a full report of the facts of the case to the court. The department may also submit a report.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8915.

8915. When any report or findings are submitted to the court by a licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or to the petitioner.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8916.

8916. (a) If the petitioners move to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the department at Sacramento of the action. The licensed adoption agency shall file a full report with the court recommending a suitable plan for the child in every case where the petitioners desire to withdraw the adoption petition or where the licensed adoption agency recommends that the adoption petition be denied and shall appear before the court for the purpose of representing the child.
(b) Notwithstanding the petitioners’ withdrawal or dismissal, the court may retain jurisdiction over the child for the purpose of making any order for the child’s custody that the court deems to be in the child’s best interest.
(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 8917.

8917. (a) If the licensed adoption agency finds that the home of the petitioners is not suitable for the child or that the required agency consents are not available and the agency recommends that the petition be denied, or if the petitioners desire to withdraw the petition and the agency recommends that the petition be denied, the clerk upon receipt of the report of the licensed adoption 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 licensed adoption agency and the petitioners by certified mail, return receipt requested, to the address of each as shown in the proceeding.
(c) The licensed 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 4 - Intercountry Adoptions › Section 8918.

8918. At the hearing, if the court sustains the recommendation that the child be removed from the home of the petitioners because the licensed adoption agency has recommended denial or the petitioners desire to withdraw the petition or the court dismisses the petition and does not return the child to the child’s parents, the court shall commit the child to the care of the licensed adoption agency for the agency to arrange adoptive placement or to make a suitable plan.
(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 8919.5.

8919.5. (a) An intercountry adoption agency shall report the arrival of an adoptee whose adoption was finalized in a foreign country to the department within 14 calendar days of the adoptee’s arrival in California.
(b) If the adoption agency fails to report to the department pursuant to subdivision (a), the department may take appropriate disciplinary action against the adoption agency if it is licensed in the State of California.
(Added by Stats. 2019, Ch. 805, Sec. 4. (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 8920.

8920. (a) A child who was adopted as part of a sibling group and who has been separated from the child’s sibling or siblings through readoption by a resident of this state may petition the court to enforce any agreement for visitation to which the separate adoptive families of the siblings subscribed prior to the child’s readoption or to order visitation if such agreement does not exist. The court may order that the agreement be enforced or grant visitation rights upon a finding that visitation is in the best interest of the child.
(b) In making a finding that enforcement of an existing agreement or the granting of visitation rights is in the best interest of the child under subdivision (a), the court shall take into consideration the nature and extent of the child’s sibling relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shares significant common experiences or has close and strong bonds with a sibling, and whether ongoing contact with a sibling is in the child’s best interest, including the child’s long-term interest.
(c) As used in this section, “sibling” means full-siblings or half-siblings.
(d) As used in this section, “readoption” means the process by which a child who belongs to a foreign-born sibling group that was adopted together through an intercountry adoption is subsequently adopted by a different set of adoptive parents who are residents of the state.
(Amended by Stats. 2019, Ch. 115, Sec. 132. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8923.

8923. (a) A complaint against an accredited agency or approved person in connection with a convention adoption shall be filed according to the procedures set forth in Subpart J (commencing with Section 96.68) of Part 96 of Title 22 of the Code of Federal Regulations.
(b) Each private full-service adoption agency and noncustodial adoption agency licensed by the department under this chapter shall notify the department of any complaint filed against it pursuant to Subpart J (commencing with Section 96.68) of Part 96 of Title 22 of the Code of Federal Regulations.
(c) The department may revoke the license of any agency that fails to comply with the provisions of this chapter and Part 96 of Title 22 of the Code of Federal Regulations.
(Added by Stats. 2007, Ch. 583, Sec. 8. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8924.

8924. (a) For cases in which a child is emigrating from California to a convention country, an accredited agency or approved person providing any adoption service described in this chapter, shall perform all of the following:
(1) A background study on the child prepared in accordance with all requirements set forth in subdivisions (a) and (b) of Section 96.53 of Title 22 of the Code of Federal Regulations, Section 8706, and applicable state law.
(2) Consents are obtained in accordance with subdivision (c) of Section 96.53 of Title 22 of the Code of Federal Regulations and applicable state law.
(3) If the child is 12 years of age or older, the agency or person has given due consideration to the child’s wishes or opinions before determining that an intercountry adoption is in the child’s best interests and in accordance with applicable state law.
(4) Transmission to the United States Department of State or other competent authority, or accredited bodies of the convention country, of the child background study, proof that the necessary consents have been obtained, and the reasons for the determination that the placement is in the child’s best interests.
(b) The accredited agency shall comply with all placement standards set forth in Section 96.54 of Title 22 of the Code of Federal Regulations for children emigrating from California to a convention country.
(c) The accredited agency shall keep the central authority of the convention country and the Secretary informed as necessary about the adoption process and the measures taken to complete it for children emigrating from California to a convention country, in accordance with all communication and coordination functions set forth in Section 96.55 of Title 22 of the Code of Federal Regulations.
(d) For all convention and nonconvention adoption cases involving children emigrating from California to a convention country, the agency, person, or public domestic authority providing adoption services shall report information to the Secretary in accordance with Part 99 of Title 22 of the Code of Federal Regulations.
(Added by Stats. 2007, Ch. 583, Sec. 9. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 4 - Intercountry Adoptions › Section 8925.

8925. A Hague adoption certificate or, in outgoing cases, a Hague custody declaration, obtained pursuant to Part 97 of Title 22 of the Code of Federal Regulations shall be recognized as a final valid adoption for purposes of all state and local laws.
(Added by Stats. 2007, Ch. 583, Sec. 10. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9000.

9000. (a) A stepparent desiring to adopt a child of the stepparent’s spouse may for that purpose file a petition in any county authorized by Section 8609.5.
(b) A domestic partner, as defined in Section 297, desiring to adopt a child of the other domestic partner may, for that purpose, file a petition in any county authorized pursuant to Section 8609.5.
(c) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth and the name the child had before adoption.
(d) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding.
(e) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
(f) If the petitioner has entered into a postadoption contact agreement pursuant to Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.
(g) For the purposes of this chapter, stepparent adoption includes adoption by a domestic partner, as defined in Section 297.
(Amended by Stats. 2023, Ch. 851, Sec. 10. (AB 1650) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9000.5.

9000.5. (a) The procedures provided in this section apply to a stepparent adoption where the child was born during the marriage or domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, and either of the following circumstances applies:
(1) One of the spouses or partners gave birth to the child.
(2) The child was born through a gestational surrogacy process brought about by one or both of the spouses or partners, and the parentage of only one spouse or partner was established pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12) or another parentage proceeding related to the surrogacy.
(b) (1) The following are not required in stepparent adoptions under this section unless otherwise ordered by the court for good cause:
(A) A home investigation pursuant to Section 9001 or a home study.
(B) Costs incurred pursuant to Section 9002.
(C) A hearing pursuant to Section 9007.
(2) In stepparent adoptions under this section, the parties shall not be required to have been married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, for a minimum period of time prior to the adoption being granted or to provide verification of their income or education.
(c) For stepparent adoptions filed under this section, the following shall be filed with the petition for adoption:
(1) A copy of the parties’ marriage certificate, registered domestic partner certificate, or civil union from another jurisdiction.
(2) A copy of the child’s birth certificate.
(3) Declarations by the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting explaining the circumstances of the child’s conception in detail sufficient to identify whether there may be other persons with a claim to parentage of the child who are required to be provided notice of, or who must consent to, the adoption.
(d) The court may order a hearing to ascertain whether there are additional persons who must be provided notice of, or who must consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.
(e) The court shall grant the stepparent adoption under this section upon finding both of the following:
(1) That the parent who gave birth, or who caused the birth through gestational surrogacy, and the spouse or partner who is adopting were married or in a domestic partnership, including a registered domestic partnership or civil union from another jurisdiction, at the time of the child’s birth.
(2) Any other person with a claim to parentage of the child who is required to be provided notice of, or who must consent to, the adoption has been noticed or provided consent to the adoption.
(Amended by Stats. 2021, Ch. 199, Sec. 1. (AB 746) Effective January 1, 2022.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9001.

9001. (a) Except as provided in Section 9000.5, before granting or denying a stepparent adoption request, the court shall review and consider a written investigative report. The report in a stepparent adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the court’s own motion. “Home study” as used in this section means a physical investigation of the premises where the child is residing.
(b) At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9002 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9002, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c) If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional clinical counselor, or marriage and family therapist, as applicable.
(d) This section does not require the State Department of Social Services to issue regulations for stepparent adoptions.
(Amended by Stats. 2018, Ch. 389, Sec. 17. (AB 2296) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9002.

9002. Except as provided in Section 9000.5, in a stepparent adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with the stepparent adoption, including, but not limited to, costs incurred for the investigation required by Section 9001, up to a maximum of seven hundred dollars ($700). The court, probation officer, qualified court investigator, or county welfare department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parent detrimental to the welfare of the adopted child.
(Amended by Stats. 2014, Ch. 636, Sec. 5. (AB 2344) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9003.

9003. (a) In a stepparent adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk, probation officer, qualified court investigator, authorized representative of a licensed adoption agency, or county welfare department staff member of any county of this state. The petitioner, petitioner’s counsel, or person before whom the consent is signed shall immediately file the consent with the clerk of the court where the adoption request is filed. If the request has not been filed at the time the consent has been signed, the consent shall be filed simultaneously with the adoption request. Upon filing of the adoption request, the clerk shall immediately notify the probation officer or, at the option of the board of supervisors, the county welfare department of that county.
(b) If the birth parent of a child to be adopted is outside this state at the time of signing the consent, the consent may be signed before an authorized representative of an adoption agency licensed in the state or country where the consent is being signed, a notary, or other person authorized to perform notarial acts.
(c) The consent, when reciting that the person giving it is entitled to sole custody of the child and when acknowledged before any authorized witness specified in subdivision (a), is prima facie evidence of the right of the person signing the consent to the sole custody of the child and that person’s sole right to consent.
(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 reason of the minority.
(Amended by Stats. 2011, Ch. 462, Sec. 8. (AB 687) Effective January 1, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9004.

9004. In a stepparent adoption, the form prescribed by the department for the consent of the birth parent shall contain substantially the following notice:
“Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a stepparent adoption does not affect the child’s right to inherit your property or the property of other blood relatives.”
(Amended by Stats. 2001, Ch. 893, Sec. 7. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9005.

9005. (a) Consent of the birth parent to the adoption of the child through a stepparent adoption may not be withdrawn except with court approval. Request for that approval may be made by motion, or a birth parent seeking to withdraw consent may file with the clerk of the court where the adoption petition is pending, a petition for approval of withdrawal of consent, without the necessity of paying a fee for filing the petition. The petition or motion shall be in writing, and shall set forth the reasons for withdrawal of consent, but otherwise may be in any form.
(b) The court clerk shall set the matter for hearing and shall give notice thereof to the probation officer, qualified court investigator, or county welfare department, to the prospective adoptive parent, and to the birth parent or parents by certified mail, return receipt requested, to the address of each as shown in the proceeding, at least 10 days before the time set for hearing.
(c) The probation officer, qualified court investigator, or county welfare department shall, before the hearing of the motion or petition for withdrawal, file a full report with the court and shall appear at the hearing to represent the interests of the child.
(d) At the hearing, the parties may appear in person or with counsel. The hearing shall be held in chambers, but the court reporter shall report the proceedings and, on court order, the fee therefor shall be paid from the county treasury. If the court finds that withdrawal of the consent to adoption is reasonable in view of all the circumstances and that withdrawal of the consent is in the child’s best interest, the court shall approve the withdrawal of the consent. Otherwise the court shall withhold its approval. Consideration of the child’s best interest shall include, but is not limited to, an assessment of the child’s age, the extent of bonding with the prospective adoptive parent, the extent of bonding or the potential to bond with the birth parent, and the ability of the birth parent to provide adequate and proper care and guidance to the child. If the court approves the withdrawal of consent, the adoption proceeding shall be dismissed.
(e) A court order granting or withholding approval of a withdrawal of consent to an adoption may be appealed in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court.
(Amended by Stats. 2001, Ch. 893, Sec. 8. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9006.

9006. (a) If the petitioner moves to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the probation officer, qualified court investigator, or county welfare department of the action, unless a home investigation was not required pursuant to Section 9000.5.
(b) If a birth parent has refused to give the required consent, the adoption petition shall be dismissed.
(Amended by Stats. 2014, Ch. 636, Sec. 6. (AB 2344) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 5 - Stepparent Adoptions › Section 9007.

9007. Except as provided in Section 9000.5, the prospective adoptive parent and the child proposed to be adopted shall appear before the court pursuant to Sections 8612, 8613, and 8613.5.
(Amended by Stats. 2014, Ch. 636, Sec. 7. (AB 2344) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 6 - Vacation of Adoption › Section 9100.

9100. (a) If a child adopted pursuant to the law of this state shows evidence of a developmental disability or mental illness as a result of conditions existing before the adoption to an extent that the child cannot be relinquished to an adoption agency on the grounds that a plan of adoption is not currently suitable, and of which conditions the adoptive parents or parent had no knowledge or notice before the entry of the order of adoption, a petition setting forth those facts may be filed by the adoptive parents or parent with the court that granted the adoption petition. If these facts are proved to the satisfaction of the court, it may make an order setting aside the order of adoption.
(b) The petition shall be filed within five years after the entry of the order of adoption.
(c) (1) The court clerk shall immediately notify the department at Sacramento of the petition. Within 60 days after the notice, the department shall file a full report with the court and shall appear before the court for the purpose of representing the adopted child.
(2) Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, may be inspected and copied by the department for the purpose of completing the duties pursuant to this subdivision.
(Amended by Stats. 2022, Ch. 870, Sec. 1. (AB 2711) Effective January 1, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 6 - Vacation of Adoption › Section 9101.

9101. (a) If an order of adoption is set aside as provided in Section 9100, the court making the order shall direct the district attorney, the county counsel, or the county welfare department to take appropriate action under the Welfare and Institutions Code. The court may also make any order relative to the care, custody, or confinement of the child pending the proceeding the court sees fit.
(b) The county in which the proceeding for adoption was had is liable for the child’s support until the child is able to be self-supporting.
(Amended by Stats. 2019, Ch. 115, Sec. 134. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 6 - Vacation of Adoption › Section 9102.

9102. (a) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, shall be commenced within one year after entry of the order.
(b) Except as provided in Section 9100, an action or proceeding of any kind to vacate, set aside, or nullify an order of adoption, based on fraud, shall be commenced within three years after entry of the order, or within 90 days of discovery of the fraud, whichever is earlier.
(c) In any action to set aside an order of adoption pursuant to this section or Section 9100, the court shall first determine whether the facts presented are legally sufficient to set aside the order of adoption. If the facts are not legally sufficient, the petition shall be denied. If the facts are legally sufficient, the court’s final ruling on the matter shall take into consideration the best interests of the child, in conjunction with all other factors required by law.
(d) The department shall not be required under any circumstances to investigate a petition filed pursuant to this section or to represent a child who is the subject of a proceeding under this section.
(Amended by Stats. 2011, Ch. 462, Sec. 9. (AB 687) Effective January 1, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 7 - Disclosure of Information › Section 9200.

9200. (a) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this part is not open to inspection by any person other than the parties to the proceeding and their attorneys and the department, except upon the written authority of the judge of the superior court. A judge of the superior court may not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition or any portion of any of these documents, except in exceptional circumstances and for good cause approaching the necessitous. The petitioner may be required to pay the expenses for preparing the copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon the order of any judge of the superior court, the clerk of the court shall not provide any documents referred to in this section for inspection or copying to any other person, unless the name of the child’s birth parents or any information tending to identify the child’s birth parents is deleted from the documents or copies thereof.
(c) Upon the request of the adoptive parents or the child, a clerk of the court may issue a certificate of adoption that states the date and place of adoption, the child’s birth date, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent, the certificate shall not state the name of the child’s birth parents.
(Amended by Stats. 2002, Ch. 784, Sec. 114. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 7 - Disclosure of Information › Section 9201.

9201. (a) Except as otherwise permitted or required by statute, neither the department nor a licensed adoption agency shall release information that would identify persons who receive, or have received, adoption services.
(b) Employees of the department and licensed adoption agencies shall release to the department at Sacramento any requested information, including identifying information, for the purposes of recordkeeping and monitoring, evaluation, and regulation of the provision of adoption services.
(c) Prior to the placement of a child for adoption, the department or licensed adoption agency may, upon the written request of both a birth and a prospective adoptive parent, arrange for contact between these birth and prospective adoptive parents that may include the sharing of identifying information regarding these parents.
(d) The department and any licensed adoption agency may, upon written authorization for the release of specified information by the subject of that information, share information regarding a prospective adoptive parent or birth parent with other social service agencies, including the department, other licensed adoption agencies, counties or licensed foster family agencies for purposes of approving a resource family pursuant to subparagraph (A) of paragraph (4) of subdivision (p) of Section 16519.5 of the Welfare and Institutions Code, or providers of health care as defined in Section 56.05 of the Civil Code.
(e) Notwithstanding any other law, the department and any licensed adoption agency may furnish information relating to an adoption petition or to a child in the custody of the department or any licensed adoption agency to the juvenile court, county welfare department, public welfare agency, private welfare agency licensed by the department, provider of foster care services, potential adoptive parent, or provider of health care as defined in Section 56.05 of the Civil Code, if it is believed the child’s welfare will be promoted thereby.
(f) The department and any licensed adoption agency may make adoption case records, including identifying information, available for research purposes, provided that the research will not result in the disclosure of the identity of the child or the parties to the adoption to anyone other than the entity conducting the research.
(Amended by Stats. 2016, Ch. 612, Sec. 11. (AB 1997) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 7 - Disclosure of Information › Section 9202.

9202. (a) Notwithstanding any other law, the department or licensed adoption agency that made a medical report required by Section 8706, 8817, or 8909 shall provide a copy of the medical report, in the manner the department prescribes by regulation, to any of the following persons upon the person’s request:
(1) A person who has been adopted pursuant to this part and who has attained the age of 18 years or who presents a certified copy of the person’s marriage certificate.
(2) The adoptive parent of a person under the age of 18 years who has been adopted pursuant to this part.
(b) A person who is denied access to a medical report pursuant to regulations adopted pursuant to this section may petition the court for review of the reasonableness of the department’s or licensed adoption agency’s decision.
(c) The names and addresses of any persons contained in the report shall be removed unless the person requesting the report has previously received the information.
(Amended by Stats. 2000, Ch. 910, Sec. 6. Effective January 1, 2001.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 7 - Disclosure of Information › Section 9202.5.

9202.5. (a) Notwithstanding any other law, the laboratory that is storing a blood sample pursuant to Section 8706, 8817, or 8909 shall provide access to the blood sample to only the following persons upon the person’s request:
(1) A person who has been adopted pursuant to this part.
(2) The adoptive parent of a person under the age of 18 years who has been adopted pursuant to this part. The adoptive parent may receive access to the blood sample only after entry of the order of adoption.
(b) The birth parent or parents shall be given access to any DNA test results related to the blood sample on request.
(c) Except as provided in subdivision (b), no person other than the adoptive parent and the adopted child shall have access to the blood sample or any DNA test results related to the blood sample, unless the adoptive parent or the child authorizes another person or entity to have that access.
(Added by Stats. 1996, Ch. 1053, Sec. 4. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 7 - Disclosure of Information › Section 9203.1.

9203.1. (a) The department or a licensed adoption agency shall, upon the request of a prospective adoptive parent, disclose an adoption homestudy and any updates to an adoption homestudy to a county or licensed foster family agency for the purpose of approving the prospective adoptive parent as a resource family pursuant to subparagraph (A) of paragraph (4) of subdivision (p) of Section 16519.5 of the Welfare and Institutions Code.
(b) The department shall prescribe the form of the request described in subdivision (a).
(c) The department or a licensed adoption agency shall respond to a request made pursuant to subdivision (a) within 20 working days of receiving it.
(d) The department or a licensed adoption agency may charge a fee to cover the reasonable costs of processing requests made pursuant to subdivision (a). The department or a licensed adoption agency shall waive fees authorized by this subdivision for any person who is receiving public assistance pursuant to Part 3 (commencing with Section 11000) of Division 9 of the Welfare and Institutions Code.
(Added by Stats. 2016, Ch. 612, Sec. 12. (AB 1997) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 7 - Disclosure of Information › Section 9204.

9204. (a) Notwithstanding any other law, if an adult adoptee and the adult adoptee’s birth parents have each filed a written consent with the department or licensed adoption agency, the department or licensed adoption agency may arrange for contact between those persons. Neither the department nor a licensed adoption agency may solicit, directly or indirectly, the execution of a written consent.
(b) The written consent authorized by this section shall be in a form prescribed 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 7 - Disclosure of Information › Section 9206.

9206. (a) Notwithstanding any other law, the department or licensed adoption agency shall release any letters, photographs, or other items of personal property in its possession to an adoptee, birth parent, or adoptive parent, upon written request. The material may be requested by any of the following persons:
(1) The adoptee, if the adoptee has attained the age of 18 years.
(2) The adoptive parent or parents, on behalf of an adoptee under the age of 18 years, as long as instructions to the contrary have not been made by the depositor.
(3) The birth parent or parents.
(b) Notwithstanding any other law, all identifying names and addresses shall be deleted from the letters, photographs, or items of personal property before delivery to the requester.
(c) Letters, photographs, and other items of personal property deposited on or after January 1, 1985, shall be accompanied by a release form or similar document signed by the person depositing the material, specifying to whom the material may be released. At its discretion, the department or licensed adoption agency may refuse for deposit items of personal property that, because of value or bulk, would pose storage problems.
(d) Notwithstanding subdivisions (a) and (b), only the following photographs deposited before January 1, 1985, shall be released:
(1) Photographs of the adoptee that have been requested by the adoptee.
(2) Photographs that have been deposited by the adoptee, the adoptive parent or parents, or the birth parent or parents, and for which there is a letter or other document on file indicating that person’s consent to the release of the photographs.
(e) The department and licensed adoption agencies may charge a fee to cover the actual costs of any services required by this section in excess of normal postadoptive services provided by the department or agency. The department shall develop a fee schedule that shall be implemented by the department and licensed adoption agencies in assessing charges to the person who deposits the material or the person to whom the material is released. The fee may be waived by the department or licensed adoption agencies in cases in which it is established that a financial hardship exists.
(f) “Photograph” as used in this section means a photograph of the person depositing the photograph or the person making the request for the release.
(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 7 - Disclosure of Information › Section 9208.

9208. (a) The clerk of the superior court entering a final order of adoption concerning an Indian child shall provide the United States Secretary of the Interior or a designee with a copy of the order within 30 days of the date of the order, together with any information necessary to show the following:
(1) The name and tribal affiliation of the child.
(2) The names and addresses of the biological parents.
(3) The names and addresses of the adoptive parents.
(4) The identity of any agency having files or information relating to that adoptive placement.
(b) If the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall include that affidavit with the other information.
(Amended by Stats. 2019, Ch. 115, Sec. 137. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 7 - Disclosure of Information › Section 9209.

9209. (a) Upon application by an Indian individual who has reached the age of 18 years and who was the subject of an adoptive placement, the court which entered the final decree of adoption shall inform that individual of the tribal affiliation, if any, of the individual’s biological parents and provide any other information as may be necessary to protect any rights flowing from the individual’s tribal relationship, including, but not limited to, tribal membership rights or eligibility for federal or tribal programs or services available to Indians.
(b) If the court records contain an affidavit of the biological parent or parents that their identity remain confidential, the court shall inform the individual that the Secretary of the Interior may, upon request, certify to the individual’s tribe that the individual’s parentage and other circumstances of birth entitle the individual to membership under the criteria established by the tribe.
(Added by Stats. 2006, Ch. 838, Sec. 14. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 8 - Adoption Proceedings: Conflict of Laws › Section 9212.

9212. (a) Sections 9210 and 9211 apply to interstate adoptions if the prospective adoptive parents reside outside of the state.
(b) This section shall become operative only if Assembly Bill 746 of the 2001–02 Regular Session is enacted. If Assembly Bill 746 is not enacted, the application of Sections 9210 and 9211 is not intended to expand jurisdiction to apply to interstate adoptions if the prospective adoptive parents reside outside of the state.
(Amended by Stats. 2003, Ch. 62, Sec. 90. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 3 - ADOPTION OF ADULTS AND MARRIED MINORS › CHAPTER 1 - General Provisions › Section 9300.

9300. (a) An adult may be adopted by another adult, including a stepparent, as provided in this part.
(b) A married minor may be adopted in the same manner as an adult under this part.
(Amended by Stats. 1993, Ch. 266, Sec. 1. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 3 - ADOPTION OF ADULTS AND MARRIED MINORS › CHAPTER 1 - General Provisions › Section 9301.

9301. A married person who is not lawfully separated from the person’s spouse may not adopt an adult without the consent of the spouse, provided that the spouse is capable of giving that consent.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 3 - ADOPTION OF ADULTS AND MARRIED MINORS › CHAPTER 1 - General Provisions › Section 9302.

9302. (a) A married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.
(b) The consent of the parents of the proposed adoptee, of the department, or of any other person is not required.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)