reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8613.7.

8613.7. On and after January 1, 2014, the court shall provide to any petitioner for adoption pursuant to this part a notice informing the petitioner that they may be eligible for reduced-cost coverage through the California Health Benefit Exchange established under Title 22 (commencing with Section 100500) of the Government Code or no-cost coverage through Medi-Cal. The notice shall include information on obtaining coverage pursuant to those programs, and shall be developed by the California Health Benefit Exchange.
(Amended by Stats. 2019, Ch. 115, Sec. 114. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8614.

8614. Upon the request of the adoptive parents or the adopted child, a clerk of the superior court may issue a certificate of adoption that states the date and place of adoption, the birthday of the child, the names of the adoptive parents, and the name the child has taken. Unless the child has been adopted by a stepparent or by a relative, as defined in subdivision (c) of Section 8616.5, the certificate shall not state the name of the birth parents of the child.
(Amended by Stats. 2003, Ch. 251, Sec. 5. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8615.

8615. (a) Notwithstanding any other law, an action may be brought in the county in which the petitioner resides for the purpose of obtaining for a child adopted by the petitioner a new birth certificate specifying that a deceased spouse of the petitioner who was in the home at the time of the initial placement of the child is a parent of the child.
(b) In an adoption proceeding, the petitioner may request that the new birth certificate specify that a deceased spouse of the petitioner who was in the home at the time of the initial placement of the child is a parent of the child.
(c) The inclusion of the name of a deceased person in a birth certificate issued pursuant to a court order under this section does not affect any matter of testate or intestate succession, and is not competent evidence on the issue of the relationship between the adopted child and the deceased person in any action or proceeding.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8616.

8616. After adoption, the adopted child and the adoptive parents shall sustain towards each other the legal relationship of parent and child and have all the rights and are subject to all the duties of that relationship.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8617.

8617. (a) Except as provided in subdivision (b), the existing parent or parents of an adopted child are, from the time of the adoption, relieved of all parental duties towards, and all responsibility for, the adopted child, and have no right over the child.
(b) The termination of the parental duties and responsibilities of the existing parent or parents under subdivision (a) may be waived if both the existing parent or parents and the prospective adoptive parent or parents sign a waiver at any time prior to the finalization of the adoption. The waiver shall be filed with the court.
(c) This section applies to all adoptions except intercountry adoptions governed by Chapter 4 (commencing with Section 8900).
(Amended by Stats. 2019, Ch. 192, Sec. 1. (AB 1373) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8618.

8618. A child adopted pursuant to this part may take the family name of the adoptive parent.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8619.

8619. The department shall adopt rules and regulations it determines are reasonably necessary to ensure that the birth parent or parents of Indian ancestry, seeking to relinquish a child for adoption, provide sufficient information to the department, county adoption agency, or licensed adoption agency so that a certificate of degree of Indian blood can be obtained from the Bureau of Indian Affairs. The department shall immediately request a certificate of degree of Indian blood from the Bureau of Indian Affairs upon obtaining the information. A copy of all documents pertaining to the degree of Indian blood and tribal enrollment, including a copy of the certificate of degree of Indian blood, shall become a permanent record in the adoption files and shall be housed in a central location and made available to authorized personnel from the Bureau of Indian Affairs when required to determine the adopted person’s eligibility to receive services or benefits because of the adopted person’s status as an Indian. This information shall be made available to the adopted person upon reaching the age of majority.
(Amended by Stats. 2012, Ch. 35, Sec. 11. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8619.5.

8619.5. Whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parent voluntary consents to termination of parental rights to the child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant that petition unless there is a showing, in a proceeding subject to the provisions of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), that the return of custody is not in the best interest of the child.
(Amended by Stats. 2019, Ch. 115, Sec. 115. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8621.

8621. (a) The department shall adopt regulations regarding the provision of adoption services by the department, county adoption agencies, licensed adoption agencies, and other adoption service providers authorized pursuant to this division and shall monitor the provision of those services by county adoption agencies, licensed adoption agencies, and other adoption service providers as provided by law. The department shall report any violations of these regulations to the appropriate licensing authority.
(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific the changes made to this chapter by the act adding this subdivision by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(Amended by Stats. 2023, Ch. 43, Sec. 7. (AB 120) Effective July 10, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8622.

8622. A licensed private adoption agency whose services are limited to a particular target population shall inform all birth parents and prospective adoptive parents of its service limitations before commencing any services, signing any documents or agreements, or accepting any fees.
This section shall become operative on January 1, 1995.
(Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 6.2. 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 1 - General Provisions › Section 8623.

8623. Notwithstanding any other law, all adoption facilitators registered with the department on its statewide registry as of July 1, 2023, shall cease operation in this state on or before December 31, 2023. An adoption facilitator that continues to operate on or after January 1, 2024, shall be deemed an unlicensed adoption agency as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of the Health and Safety Code.
(Repealed and added by Stats. 2023, Ch. 43, Sec. 9. (AB 120) Effective July 10, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8624.

8624. (a) A person aggrieved by a violation of Section 8609 may bring a civil action for damages, rescission, injunctive relief, or any other civil or equitable remedy. Operation of an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of the Health and Safety Code, shall be an act of unfair competition and an unfair business practice within the meaning of Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(b) If the court finds that a person has violated Section 8609, it shall award actual damages plus an amount equal to treble the amount of the actual damages or two thousand five hundred dollars ($2,500) per violation, whichever is greater.
(c) In a civil action under this section, a prevailing party may recover reasonable attorney’s fees and costs.
(d) The Attorney General, a district attorney, or a city attorney may bring a civil action for injunctive relief, restitution, or other equitable relief against an unlicensed adoption agency as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of the Health and Safety Code pursuant to this section in the name of the people of the State of California.
(e) Any other interested person who, based upon information or belief, claims a violation of Section 8609 has been committed may bring a civil action for injunctive relief on behalf of the general public. This section authorizes a referral by the department to the appropriate law enforcement entities consistent with these provisions.
(Repealed and added by Stats. 2023, Ch. 43, Sec. 10. (AB 120) Effective July 10, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 1 - General Provisions › Section 8625.

8625. (a) The department shall create a section on its internet website dedicated to educating the public on unlicensed adoption agencies. The section shall include both of the following:
(1) A statement informing the public that, as of January 1, 2024, operating as an “adoption facilitator” in the state is prohibited. The statement shall include common practices and services undertaken by adoption facilitators. The statement shall also inform the public that only the authorized persons or organizations specified in Section 8609 may engage in the practices described in that section.
(2) A listing of all persons or organizations on the department’s adoption facilitator registry as of December 31, 2023.
(b) The department shall individually notify each adoption facilitator on the registry as July 1, 2023, that operations must cease pursuant to Section 8623. The notice shall also require each adoption facilitator to comply with both of the following:
(1) Publish the statement described in subdivision (a) on any internet website operated by the adoption facilitator.
(2) Provide written notice to any individuals under contract indicating that the adoption facilitator must cease operation on or before December 31, 2023. This written notice must also include information on licensed entities that can provide adoption services and any additional information the department deems necessary.
(Repealed and added by Stats. 2023, Ch. 43, Sec. 11. (AB 120) Effective July 10, 2023.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8701.

8701. At or before the time a relinquishment is signed, the department, county adoption agency, or licensed adoption agency shall advise the birth parent signing the relinquishment, verbally and in writing, that the birth parent may, at any time in the future, request from the department, county adoption agency, or licensed adoption agency all known information about the status of the child’s adoption, except for personal, identifying information about the adoptive family. 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.
(Amended by Stats. 2012, Ch. 35, Sec. 15. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8702.

8702. (a) The department shall adopt a statement to be presented to the birth parents at the time a relinquishment is signed and to prospective adoptive parents at the time of the home study. The statement 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 parents 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 parent keep the department, county adoption agency, or licensed adoption agency to whom the child was relinquished for adoption 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, county adoption agency, or licensed adoption agency to whom the child was relinquished for adoption 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, county adoption agency, or the licensed adoption agency 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, county adoption agency, or to the licensed adoption agency that joined in the adoption petition.
(5) The relinquishment 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 relinquishment 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, county adoption agency, or 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. 2012, Ch. 35, Sec. 16. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8703.

8703. 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, or pursuant to Section 366.25 or 366.26 of the Welfare and Institutions Code, the department, county adoption agency, or licensed adoption agency responsible for the adoptive placement of the child shall send a written notice to the birth parent, if the birth parent’s address is known, that contains the following statement:
(a) “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.
(b) 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, county adoption agency, or 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. 2012, Ch. 35, Sec. 17. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8704.

8704. (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights is responsible for the care of the child, and is entitled to the exclusive custody and control of the child until an order of adoption is granted. Any placement for temporary care, or for adoption, made by the department, county adoption agency, or licensed adoption agency may be terminated in its discretion at any time before the granting of an order of adoption. In the event of termination of any placement for temporary care or for adoption, the child shall be returned promptly to the physical custody of the department, county adoption agency, or licensed adoption agency.
(b) No petition may be filed to adopt a child relinquished to the department, county adoption agency, or licensed adoption agency or a child declared free from the custody and control of either or both birth parents and referred to the department, county adoption agency, or licensed adoption agency for adoptive placement, except by the prospective adoptive parents with whom the child has been placed for adoption by the department, county adoption agency, or licensed adoption agency. After the adoption petition has been filed, the department, county adoption agency, or licensed adoption agency may remove the child from the prospective adoptive parents only with the approval of the court, upon motion by the department, county adoption agency, or licensed adoption agency after notice to the prospective adoptive parents, supported by an affidavit or affidavits stating the grounds on which removal is sought. If the department, county adoption agency, or licensed adoption agency refuses to consent to the adoption of a child by the person or persons with whom the department, county adoption agency, or licensed adoption agency placed the child for adoption, the court may nevertheless order the adoption if it finds that the refusal to consent is not in the child’s best interest.
(Amended by Stats. 2012, Ch. 35, Sec. 18. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8704.5.

8704.5. (a) A foster care license or certification or resource family approval shall not be required for placement of a nondependent child who is relinquished for adoption to a licensed private adoption agency, if the child is placed in the care of prospective adoptive parents who have an approved adoption home study that meets the criteria established by the department for home studies conducted within the state.
(b) During a preadoptive placement made pursuant to subdivision (a), the licensed private adoption agency shall conduct in-home supervisory visits no less than once every 30 days, until the child has been legally freed and formally placed for adoption.
(Amended by Stats. 2017, Ch. 732, Sec. 2. (AB 404) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8705.

8705. (a) Where a child is in the custody of a public agency or licensed adoption agency, if it is established that the persons whose consent to the adoption is required by law are deceased, an action may be brought by the department, county adoption agency, or licensed adoption agency requesting the court to make an order establishing that the requesting agency has the right to custody and control of the child and the authority to place the child for adoption. The department, county adoption agency, or licensed adoption agency bringing the action shall give notice in the form prescribed by the court to all known relatives of the child up to and including the third degree of lineal or collateral consanguinity.
(b) This section does not apply where a guardian of the person of the child has been appointed pursuant to nomination by a will.
(Amended by Stats. 2012, Ch. 35, Sec. 19. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8706.

8706. (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 the fee required under Section 8716. 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. 1. Effective January 1, 1997.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8707.

8707. (a) The department shall establish a statewide photo-listing service to serve all county adoption agencies and licensed adoption agencies in the state as a means of recruiting adoptive families. The department shall adopt regulations governing the operations of the photo-listing service and shall establish procedures for monitoring compliance with this section.
(b) The photo-listing service shall maintain child specific information that, except as provided in this section, contains a photograph and description of each child who has been legally freed for adoption and whose case plan goal is adoption. Registration of children with the photo-listing service and notification by the licensed adoption agency of changes in a child’s photo-listing status shall be reflected in the photo-listing service within 30 working days of receipt of the registration or notification.
(c) The photo-listing service shall be provided to all county adoption agencies, licensed adoption agencies, adoption support groups, and state, regional, and national photo-listings and exchanges requesting copies of the photo-listing service.
(d) All children legally freed for adoption whose case plan goal is adoption shall be photo-listed, unless deferred as provided in subdivision (e) or (f). Adoption agencies shall send a recent photograph and description of each legally freed child to the photo-listing service within 15 working days of the time a child is legally freed for adoption. When adoption has become the case plan goal for a particular child, the adoption agency may photo-list that child before the child becomes legally freed for adoption.
(e) A child shall be deferred from the photo-listing service when the child’s foster parents or other identified individuals who have applied to adopt the child are meeting the county adoption agency’s or licensed adoption agency’s requests for required documentation and are cooperating in the completion of a home study being conducted by the agency.
(f) A child who is 12 years old or older may be deferred from the photo-listing service if the child does not consent to being adopted.
(g) Within 15 working days following a one-year period in which a child is listed in the photo-listing service, the county adoption agency or licensed adoption agency shall submit a revised description and photograph of the child.
(h) County adoption agencies and licensed adoption agencies shall notify the photo-listing service, by telephone, of any adoptive placements or of significant changes in a child’s photo-listing status within two working days of the change.
(i) The department shall establish procedures for semiannual review of the photo-listing status of all legally freed children whose case plan goal is adoption, including those who are registered with the photo-listing service and those whose registration has been deferred.
(Amended by Stats. 2012, Ch. 35, Sec. 20. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8707.1.

8707.1. (a) The agency responsible for recruitment of potential adoptive parents shall make diligent efforts to recruit individuals who reflect the ethnic, racial, and cultural diversity of children for whom adoptive homes are needed.
(b) This section shall not be construed to affect the application of the federal Indian Child Welfare Act.
(Added by Stats. 2014, Ch. 772, Sec. 1. (SB 1460) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8708.

8708. (a) The adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights shall not do any of the following:
(1) Deny to any person the opportunity to become an adoptive parent on the basis of the race, color, or national origin of the person or the child involved.
(2) Delay or deny the placement of a child for adoption on the basis of the race, color, or national origin of the adoptive parent or the child involved.
(3) Delay or deny the placement of a child for adoption solely because the prospective, approved adoptive family resides outside the jurisdiction of the department, county adoption agency, or licensed adoption agency. For purposes of this paragraph, an approved adoptive family means a family approved pursuant to the California adoptive applicant assessment standards or approved as a resource family pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code. If the adoptive applicant assessment was conducted in another state according to that state’s standards, the California placing agency shall determine whether the standards of the other state substantially meet the standards and criteria established in California adoption regulations.
(b) This section shall not be construed to affect the application of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 and following).
(Amended by Stats. 2017, Ch. 732, Sec. 3. (AB 404) Effective January 1, 2018.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8709.

8709. (a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights may consider the child’s religious background in determining an appropriate placement.
(b) This section shall not be construed to affect the application of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 and following).
(Amended by Stats. 2012, Ch. 35, Sec. 22. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8710.

8710. (a) If a child is being considered for adoption, the department, county adoption agency, or licensed adoption agency shall first consider adoptive placement in the home of a relative or, in the case of an Indian child, according to the placement preferences and standards set out in subdivisions (c), (d), (e), (f), (g), (h), and (i) of Section 361.31 of the Welfare and Institutions Code. However, if the birth parent refuses to consider a relative or sibling placement, if a relative is not available, if placement with an available relative is not in the child’s best interest, or if placement would permanently separate the child from other siblings who are being considered for adoption or who are in foster care and an alternative placement would not require the permanent separation, the foster parent or parents of the child shall be considered with respect to the child along with all other prospective adoptive parents where all of the following conditions are present:
(1) The child has been in foster care with the foster parent or parents for a period of more than four months.
(2) The child has substantial emotional ties to the foster parent or parents.
(3) The child’s removal from the foster home would be seriously detrimental to the child’s well-being.
(4) The foster parent or parents have made a written request to be considered to adopt the child.
(b) In the case of an Indian child whose foster parent or parents or other prospective adoptive parents do not fall within the placement preferences established in subdivision (c) or (d) of Section 361.31 of the Welfare and Institutions Code, the foster parent or parents or other prospective adoptive parents shall only be considered if the court finds, supported by clear and convincing evidence, that good cause exists to deviate from these placement preferences.
(c) This section does not apply to a child who has been adjudged a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code.
(d) Upon a request to move a child from a prospective adoptive home for the purpose of placement with siblings or other relatives, the court shall consider the best interests of the child.
(Amended by Stats. 2012, Ch. 35, Sec. 23. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8710.1.

8710.1. If there is not an adoptive placement plan for a child with an approved adoptive family, as defined in subdivision (c) of Section 8708, within the department’s, county adoption agency’s, or licensed adoption agency’s jurisdiction, then the department, county adoption agency, or licensed adoption agency shall register the child with the exchange system described in Section 8710.2.
(Amended by Stats. 2012, Ch. 35, Sec. 24. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8710.2.

8710.2. In order to preclude the delays or denials described in paragraph (3) of subdivision (a) of Section 8708, the department shall establish a statewide exchange system that interjurisdictionally matches waiting children and approved adoptive families. The department may create a new statewide exchange system, modify an existing statewide exchange system, such as the photo-listing service described in Section 8707, or designate an existing exchange system, such as the Adoption Exchange Enhancement Program, as the statewide exchange system for purposes of this section.
(Amended by Stats. 2019, Ch. 497, Sec. 114. (AB 991) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8710.3.

8710.3. If the department, county adoption agency, or licensed adoption agency has approved a family for adoption pursuant to subdivision (c) of Section 8708 and that family may be appropriate for placement of a child who has been adjudged a dependent child of the juvenile court, the department, county adoption agency, or licensed adoption agency shall register the family with the statewide exchange system established pursuant to Section 8710.2, except in either of the following circumstances:
(a) The family refuses to consent to the registration.
(b) A specific child or children have already been identified for adoptive placement with the family.
(Amended by Stats. 2012, Ch. 35, Sec. 25. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8710.4.

8710.4. (a) The department shall ensure that information regarding families and children registered with the statewide exchange system described in Section 8710.2 is accessible by licensed adoption agency personnel throughout the state. Provision shall be made for secure Internet, telephone, and facsimile access by authorized licensed adoption agency personnel.
(b) Information regarding children maintained by the statewide exchange system described in Section 8710.2 shall be confidential and shall not be disclosed to any parties other than authorized adoption agency personnel, except when consent to disclosure has been received in writing from the birth parents or the court that has jurisdiction.
(Added by Stats. 1998, Ch. 1056, Sec. 7. Effective January 1, 1999.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8711.

8711. Sections 8708 to 8710.4, inclusive, apply only in determining the placement of a child who has been relinquished for adoption or has been declared free from the custody and control of the birth parents.
(Amended by Stats. 1998, Ch. 1056, Sec. 8. Effective January 1, 1999.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8711.5.

8711.5. The department shall adopt regulations to administer the provisions of Sections 8708 to 8711, inclusive.
(Added by Stats. 1995, Ch. 884, Sec. 9. Effective January 1, 1996.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8714.

8714. (a) A person desiring to adopt a nondependent child may for that purpose file an adoption request in a county authorized by Section 8609.5. A person desiring to adopt a child who has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, freed for adoption by the juvenile court, and placed for adoption with the petitioner, may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.
(b) The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(c) 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.
(d) 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. The name the child had before adoption shall appear in the joinder signed by the licensed adoption agency.
(e) 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.
(f) The order of adoption shall contain the child’s adopted name and the name the child had before adoption.
(Amended by Stats. 2023, Ch. 851, Sec. 7. (AB 1650) Effective January 1, 2024.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8714.5.

8714.5. (a) The Legislature finds and declares the following:
(1) It is the intent of the Legislature to expedite legal permanency for children who cannot return to their parents and to remove barriers to adoption by relatives of children who are already in the dependency system or who are at risk of entering the dependency system.
(2) This goal will be achieved by empowering families, including extended families, to care for their own children safely and permanently whenever possible, by preserving existing family relationships, thereby causing the least amount of disruption to the child and the family, and by recognizing the importance of sibling and half-sibling relationships.
(b) A relative desiring to adopt a child may for that purpose file a petition in the county in which the petitioner resides. Where a child has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and thereafter has been freed for adoption by the juvenile court, the petition may be filed either in the county where the petitioner resides or in the county where the child was freed for adoption.
(c) Upon the filing of a petition for adoption by a relative, the clerk of the court shall immediately notify the State Department of Social Services in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(d) If the adopting relative has entered into a postadoption contact agreement with the birth parent as set forth in Section 8616.5 the agreement, signed by the participating parties, shall be attached to and filed with the petition for adoption under subdivision (b).
(e) The caption of the adoption petition shall contain the name of the relative petitioner. The petition shall state the child’s name, sex, and date of birth.
(f) 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 petitioner shall notify the court of any petition for adoption. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(g) The order of adoption shall contain the child’s adopted name and, if requested by the adopting relative, or if requested by the child who is 12 years of age or older, the name the child had before adoption.
(h) For purposes of this section, “relative” means an adult who is related to the child or the child’s half-sibling by blood or affinity, including all relatives whose status is preceded by the words “step,” “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(Amended by Stats. 2008, Ch. 534, Sec. 9. Effective January 1, 2009.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8715.

8715. (a) The department, county adoption agency, or licensed adoption agency, whichever is a party to, or joins in, the petition, shall submit a full report of the facts of the case to the court.
(b) If the child has been adjudged to be a dependent of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and has thereafter been freed for adoption by the juvenile court, the report required by this section shall describe whether the requirements of subdivision (e) of Section 16002 of the Welfare and Institutions Code have been completed and what, if any, plan exists for facilitation of postadoptive contact between the child who is the subject of the adoption petition and the child’s siblings and half siblings.
(c) If a petition for adoption has been filed with a postadoption contact agreement pursuant to Section 8616.5, the report shall address whether the postadoption contact agreement has been entered into voluntarily, and whether it is in the best interest of the child who is the subject of the petition.
(d) The department may also submit a report in those cases in which a county adoption agency, or licensed adoption agency is a party or joins in the adoption petition.
(e)  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, county adoption agency, or licensed 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. 2019, Ch. 115, Sec. 122. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8716.

8716. Where a petition is filed for the adoption of a child who has been placed for adoption by a county adoption agency, licensed county adoption agency, or the department, the county adoption agency, licensed adoption agency, or department may, at the time of filing a favorable report with the court, require the petitioners to pay to the agency, as agent of the state, or to the department, a fee of five hundred dollars ($500). The county adoption agency, licensed adoption agency, or department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parents detrimental to the welfare of the adopted child, if the child has been in the foster care of the prospective adoptive parents for at least one year, or if necessary for the placement of a special-needs child.
(Amended by Stats. 2012, Ch. 35, Sec. 29. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8717.

8717. When any report or findings are submitted to the court by the department, county adoption agency, or licensed adoption agency, a copy of the report or findings, whether favorable or unfavorable, shall be given to the petitioner’s attorney in the proceeding, if the petitioner has an attorney of record, or to the petitioner.
(Amended by Stats. 2012, Ch. 35, Sec. 30. (SB 1013) Effective June 27, 2012.)
2023 California Code › Family Code - FAM › DIVISION 13 - ADOPTION › PART 2 - ADOPTION OF UNMARRIED MINORS › CHAPTER 2 - Agency Adoptions › Section 8718.

8718. 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 2 - Agency Adoptions › Section 8719.

8719. 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.
(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 2 - Agency Adoptions › Section 8720.

8720. (a) If the department, county adoption agency, or licensed adoption agency finds that the home of the petitioners is not suitable for the child or that the required agency consents are not available and the department, county adoption agency, or licensed adoption agency recommends that the petition be denied, or if the petitioners desire to withdraw the petition and the department, county adoption agency, or licensed adoption agency recommends that the petition be denied, the clerk upon receipt of the report of the department, county adoption agency, or licensed adoption agency 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, county adoption agency, or licensed adoption agency, the petitioners, and, if necessary, the birth parents, by certified mail, return receipt requested, to the address of each as shown in the proceeding.
(c) The department, county adoption agency, or licensed adoption agency shall appear to represent the child.
(Amended by Stats. 2012, Ch. 35, Sec. 31. (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 8731.

8731. If the prospective adoptive parent of a child is a foster parent, the assessment or home study described in Section 8730 shall not be initiated until the child to be adopted has resided in the home of the foster parent for at least six months.
(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 8732.

8732. A report of a medical examination of the foster parent with whom the child has lived for a minimum of six months or the relative caregiver who has had an ongoing and significant relationship with the child shall be included in the assessment of each applicant unless the department, county adoption agency, or licensed adoption agency determines that, based on other available information, this report is unnecessary.
(Amended by Stats. 2020, Ch. 104, Sec. 2. (AB 2944) Effective September 18, 2020.)