2005 California Family Code Sections 8600-8622 CHAPTER 1. GENERAL PROVISIONS

8600.  An unmarried minor may be adopted by an adult as provided in
this part.
8601.  (a) Except as otherwise provided in subdivision (b), a
prospective adoptive parent or parents shall be at least 10 years
older than the child.
   (b) If the court is satisfied that the adoption of a child by a
stepparent, or by a sister, brother, aunt, uncle, or first cousin
and, if that person is married, by that person and that person's
spouse, is in the best interest of the parties and is in the public
interest, it may approve the adoption without regard to the ages of
the child and the prospective adoptive parent or parents.
8602.  The consent of a child, if over the age of 12 years, is
necessary to the child's adoption.
8603.  A married person, not lawfully separated from the person's
spouse, may not adopt a child without the consent of the spouse,
provided that the spouse is capable of giving that consent.
8604.  (a) Except as provided in subdivision (b), a child having a
presumed father under Section 7611 may not be adopted without the
consent of the child's birth parents, if living. The consent of a
presumed father is not required for the child's adoption unless he
became a presumed father as described in Chapter 1 (commencing with
Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2
of Division 12, or subdivision (a), (b), or (c) of Section 7611
before the mother's relinquishment or consent becomes irrevocable or
before the mother's parental rights have been terminated.
   (b) If one birth parent has been awarded custody by judicial
order, or has custody by agreement of both parents, and the other
birth parent for a period of one year willfully fails to communicate
with and to pay for the care, support, and education of the child
when able to do so, then the birth parent having sole custody may
consent to the adoption, but only after the birth parent not having
custody has been served with a copy of a citation in the manner
provided by law for the service of a summons in a civil action that
requires the birth parent not having custody to appear at the time
and place set for the appearance in court under Section 8718, 8823,
8913, or 9007.
   (c) Failure of a birth parent to pay for the care, support, and
education of the child for the period of one year or failure of a
birth parent to communicate with the child for the period of one year
is prima facie evidence that the failure was willful and without
lawful excuse.
8605.  A child not having a presumed father under Section 7611 may
not be adopted without the consent of the child's mother, if living.
8606.  Notwithstanding Sections 8604 and 8605, the consent of a
birth parent is not necessary in the following cases:
   (a) Where the birth parent has been judicially deprived of the
custody and control of the child (1) by a court order declaring the
child to be free from the custody and control of either or both birth
parents pursuant to Part 4 (commencing with Section 7800) of
Division 12 of this code, or Section 366.25 or 366.26 of the Welfare
and Institutions Code, or (2) by a similar order of a court of
another jurisdiction, pursuant to a law of that jurisdiction
authorizing the order.
   (b) Where the birth parent has, in a judicial proceeding in
another jurisdiction, voluntarily surrendered the right to the
custody and control of the child pursuant to a law of that
jurisdiction providing for the surrender.
   (c) Where the birth parent has deserted the child without
provision for identification of the child.
   (d) Where the birth parent has relinquished the child for adoption
as provided in Section 8700.
   (e) Where the birth parent has relinquished the child for adoption
to a licensed or authorized child-placing agency in another
jurisdiction pursuant to the law of that jurisdiction.
8607.  All forms adopted by the department authorizing the release
of an infant from a health facility to the custody of persons other
than the person entitled to custody of the child pursuant to Section
3010 and authorizing these other persons to obtain medical care for
the infant shall contain a statement in boldface type delineating the
various types of adoptions available, the birth parents' rights with
regard thereto, including, but not limited to, rights with regard to
revocation of consent to adoption, and a statement regarding the
authority of the court under Part 4 (commencing with Section 7800) of
Division 12 to declare the child abandoned by the birth parent or
parents.
8608.  (a) The department shall adopt regulations specifying the
form and content of the reports required by Sections 8706, 8817, and
8909.  In addition to any other material that may be required by the
department, the form shall include inquiries designed to elicit
information on any illness, disease, or defect of a genetic or
hereditary nature.
   (b) All licensed adoption agencies shall cooperate with and assist
the department in devising a plan that will effectuate the effective
and discreet transmission to adoptees or prospective adoptive
parents of pertinent medical information reported to the department
or the licensed adoption agency, upon the request of the person
reporting the medical information.
8609.  (a) Any person or organization that, without holding a valid
and unrevoked license to place children for adoption issued by the
department, advertises in any periodical or newspaper, by radio, or
other public medium, that he, she, or it will place children for
adoption, or accept, supply, provide, or obtain children for
adoption, or that causes any advertisement to be published in or by
any public medium soliciting, requesting, or asking for any child or
children for adoption is guilty of a misdemeanor.
   (b) Any person, other than a birth parent, or any organization,
association, or corporation that, without holding a valid and
unrevoked license to place children for adoption issued by the
department, places any child for adoption is guilty of a misdemeanor.
8610.  (a) The petitioners in a proceeding for adoption of a child
shall file with the court a full accounting report of all
disbursements of anything of value made or agreed to be made by them
or on their behalf in connection with the birth of the child, the
placement of the child with the petitioners, any medical or hospital
care received by the child's birth mother or by the child in
connection with the child's birth, any other expenses of either birth
parent, or the adoption.  The accounting report shall be made under
penalty of perjury and shall be submitted to the court on or before
the date set for the hearing on the adoption petition, unless the
court grants an extension of time.
   (b) The accounting report shall be itemized in detail and shall
show the services relating to the adoption or to the placement of the
child for adoption that were received by the petitioners, by either
birth parent, by the child, or by any other person for whom payment
was made by or on behalf of the petitioners.  The report shall also
include the dates of each payment, the names and addresses of each
attorney, physician and surgeon, hospital, licensed adoption agency,
or other person or organization who received any funds of the
petitioners in connection with the adoption or the placement of the
child with them, or participated in any way in the handling of those
funds, either directly or indirectly.
   (c) This section does not apply to an adoption by a stepparent
where one birth parent or adoptive parent retains custody and control
of the child.
8611.  All court hearings in an adoption proceeding shall be held in
private, and the court shall exclude all persons except the officers
of the court, the parties, their witnesses, counsel, and
representatives of the agencies present to perform their official
duties under the law governing adoptions.
8612.  (a) The court shall examine all persons appearing before it
pursuant to this part.  The examination of each person shall be
conducted separately but within the physical presence of every other
person unless the court, in its discretion, orders otherwise.
   (b) The prospective adoptive parent or parents shall execute and
acknowledge an agreement in writing that the child will be treated in
all respects as their lawful child.
   (c) If satisfied that the interest of the child will be promoted
by the adoption, the court may make and enter an order of adoption of
the child by the prospective adoptive parent or parents.
8613.  (a) If the prospective adoptive parent is commissioned or
enlisted in the military service, or auxiliary thereof, of the United
States, or of any of its allies, or is engaged in service on behalf
of any governmental entity of the United States, or in the American
Red Cross, or in any other recognized charitable or religious
organization, so that it is impossible or impracticable, because of
the prospective adoptive parent's absence from this state, or
otherwise, to make an appearance in person, and the circumstances are
established by satisfactory evidence, the appearance may be made for
the prospective adoptive parent by counsel, commissioned and
empowered in writing for that purpose.  The power of attorney may be
incorporated in the adoption petition.
   (b) Where the prospective adoptive parent is permitted to appear
by counsel, the agreement may be executed and acknowledged by the
counsel, or may be executed by the absent party before a notary
public, or any other person authorized to take acknowledgments
including the persons authorized by Sections 1183 and 1183.5 of the
Civil Code.
   (c) Where the prospective adoptive parent is permitted to appear
by counsel, or otherwise, the court may, in its discretion, cause an
examination of the prospective adoptive parent, other interested
person, or witness to be made upon deposition, as it deems necessary.
  The deposition shall be taken upon commission, as prescribed by the
Code of Civil Procedure, and the expense thereof shall be borne by
the petitioner.
   (d) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power of
attorney and deposition shall be filed in the office of the clerk of
the court.
   (e) The provisions of this section permitting an appearance
through counsel are equally applicable to the spouse of a prospective
adoptive parent who resides with the prospective adoptive parent
outside this state.
   (f) Where, pursuant to this section, neither prospective adoptive
parent need appear before the court, the child proposed to be adopted
need not appear.  If the law otherwise requires that the child
execute any document during the course of the hearing, the child may
do so through counsel.
   (g) Where none of the parties appears, the court may not make an
order of adoption until after a report has been filed with the court
pursuant to Section 8715, 8807, 8914, or 9001.
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.
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.
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.
8616.5.  (a) The Legislature finds and declares that some adoptive
children may benefit from either direct or indirect contact with
birth relatives, including the birth parent or parents, after being
adopted.  Postadoption contact agreements are intended to ensure
children of an achievable level of continuing contact when contact is
beneficial to the children and the agreements are voluntarily
entered into by birth relatives, including the birth parent or
parents, and adoptive parents.
   (b) (1) Nothing in the adoption laws of this state shall be
construed to prevent the adopting parent or parents, the birth
relatives, including the birth parent or parents, and the child from
voluntarily entering into a written agreement to permit continuing
contact between the birth relatives, including the birth parent or
parents, and the child if the agreement is found by the court to have
been entered into voluntarily and to be in the best interests of the
child at the time the adoption petition is granted.
   (2) Except as provided in paragraph (3), the terms of any
postadoption contact agreement executed under this section shall be
limited to, but need not include, all of the following:
   (A) Provisions for visitation between the child and a birth parent
or parents and other birth relatives, including siblings, and the
child's Indian tribe if the case is governed by the Indian Child
Welfare Act (25 U.S.C. Sec.  1901 et seq.).
   (B) Provisions for future contact between a birth parent or
parents or other birth relatives, including siblings, or both, and
the child or an adoptive parent, or both, and in cases governed by
the Indian Child Welfare Act, the child's Indian tribe.
   (C) Provisions for the sharing of information about the child in
the future.
   (3) The terms of any postadoption contact agreement shall be
limited to the sharing of information about the child, unless the
child has an existing relationship with the birth relative.
   (c) At the time an adoption decree is entered pursuant to a
petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000,
the court entering the decree may grant postadoption privileges if
an agreement for those privileges has been entered into, including
agreements entered into pursuant to subdivision (f) of Section 8620.
   (d) The child who is the subject of the adoption petition shall be
considered a party to the postadoption contact agreement.  The
written consent to the terms and conditions of the postadoption
contact agreement and any subsequent modifications of the agreement
by a child who is 12 years of age or older is a necessary condition
to the granting of privileges regarding visitation, contact, or
sharing of information about the child, unless the court finds by a
preponderance of the evidence that the agreement, as written, is in
the best interests of the child.  Any child who has been found to
come within Section 300 of the Welfare and Institutions Code or who
is the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code shall be
represented by an attorney for purposes of consent to the
postadoption contact agreement.
   (e) A postadoption contact agreement shall contain the following
warnings in bold type:
   (1) After the adoption petition has been granted by the court, the
adoption cannot be set aside due to the failure of an adopting
parent, a birth parent, a birth relative, or the child to follow the
terms of this agreement or a later change to this agreement.
   (2) A disagreement between the parties or litigation brought to
enforce or modify the agreement shall not affect the validity of the
adoption and shall not serve as a basis for orders affecting the
custody of the child.
   (3) A court will not act on a petition to change or enforce this
agreement unless the petitioner has participated, or attempted to
participate, in good faith in mediation or other appropriate dispute
resolution proceedings to resolve the dispute.
   (f) Upon the granting of the adoption petition and the issuing of
the order of adoption of a child who is a dependent of the juvenile
court, juvenile court dependency jurisdiction shall be terminated.
Enforcement of the postadoption contact agreement shall be under the
continuing jurisdiction of the court granting the petition of
adoption.  The court may not order compliance with the agreement
absent a finding that the party seeking the enforcement participated,
or attempted to participate, in good faith in mediation or other
appropriate dispute resolution proceedings regarding the conflict,
prior to the filing of the enforcement action, and that the
enforcement is in the best interests of the child.  Documentary
evidence or offers of proof may serve as the basis for the court's
decision regarding enforcement.  No testimony or evidentiary hearing
shall be required.  The court shall not order further investigation
or evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by that inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (g) The court may not award monetary damages as a result of the
filing of the civil action pursuant to subdivision (e) of this
section.
   (h) A postadoption contact agreement may be modified or terminated
only if either of the following occurs:
   (1) All parties, including the child if the child is 12 years of
age or older at the time of the requested termination or
modification, have signed a modified postadoption contact agreement
and the agreement is filed with the court that granted the petition
of adoption.
   (2) The court finds all of the following:
   (A) The termination or modification is necessary to serve the best
interests of the child.
   (B) There has been a substantial change of circumstances since the
original agreement was executed and approved by the court.
   (C) The party seeking the termination or modification has
participated, or attempted to participate, in good faith in mediation
or other appropriate dispute resolution proceedings prior to seeking
court approval of the proposed termination or modification.
   Documentary evidence or offers of proof may serve as the basis for
the court's decision.  No testimony or evidentiary hearing shall be
required.  The court shall not order further investigation or
evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by that inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (i) All costs and fees of mediation or other appropriate dispute
resolution proceedings shall be borne by each party, excluding the
child.  All costs and fees of litigation shall be borne by the party
filing the action to modify or enforce the agreement when no party
has been found by the court as failing to comply with an existing
postadoption contact agreement.  Otherwise, a party, other than the
child, found by the court as failing to comply without good cause
with an existing agreement shall bear all the costs and fees of
litigation.
   (j) The Judicial Council shall adopt rules of court and forms for
motions to enforce, terminate, or modify postadoption contact
agreements.
   (k) The court may not set aside a decree of adoption, rescind a
relinquishment, or modify an order to terminate parental rights or
any other prior court order because of the failure of a birth parent,
adoptive parent, birth relative, or the child to comply with any or
all of the original terms of, or subsequent modifications to, the
postadoption contact agreement.
8617.  The birth 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.
8618.  A child adopted pursuant to this part may take the family
name of the adoptive parent.
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 or to the
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.
8620.  (a) (1) If a parent is seeking to relinquish a child pursuant
to Section 8700 or execute an adoption placement agreement pursuant
to Section 8801.3, the department, licensed adoption agency, or
adoption service provider, as applicable, shall ask the child and the
child's parent or custodian whether the child is, or may be, a
member of, or eligible for membership in an Indian tribe or whether
the child has been identified as a member of an Indian organization.
The department, licensed adoption agency, or adoption service
provider, as applicable, shall complete the forms provided for this
purpose by the department and shall make this completed form a part
of the file.
   (2) If there is any oral or written information that indicates
that the child is, or may be, an Indian child, the department,
licensed adoption agency, or adoption service provider, as
applicable, shall obtain the following information:
   (A) The name of the child involved, and the actual date and place
of birth of the child.
   (B) The name, address, date of birth, and tribal affiliation of
the birth parents, maternal and paternal grandparents, and maternal
and paternal great-grandparents of the child.
   (C) The name and address of extended family members of the child
who have a tribal affiliation.
   (D) The name and address of the Indian tribes or Indian
organizations of which the child is, or may be, a member.
   (E) A statement of the reasons why the child is, or may be, an
Indian.
   (3) (A) The department, licensed adoption agency, or adoption
service provider, as applicable, shall send a notice, which shall
include information obtained pursuant to paragraph (2) and a request
for confirmation of the child's Indian status, to any parent and any
custodian of the child, and to any Indian tribe of which the child
is, or may be, a member or eligible for membership.  If any of the
information required under paragraph (2) cannot be obtained, the
notice shall indicate that fact.
   (B) The notice sent pursuant to subparagraph (A) shall describe
the nature of the proceeding and advise the recipient of the Indian
tribe's right to intervene in the proceeding on its own behalf or on
behalf of a tribal member relative of the child.
   (b) The department shall adopt regulations to ensure that if a
child who is being voluntarily relinquished for adoption, pursuant to
Section 8700, is an Indian child, the parent of the child shall be
advised of his or her right to withdraw his or her consent and
thereby rescind the relinquishment of an Indian child for any reason
at any time prior to entry of a final decree of termination of
parental rights or adoption, pursuant to Section 1913 of Title 25 of
the United States Code.
   (c) If a child who is the subject of an adoption proceeding after
being relinquished for adoption pursuant to Section 8700, is an
Indian child, the child's Indian tribe may intervene in that
proceeding on behalf of a tribal member relative of the child.
   (d) Any notice sent under this section shall, consistent with
subdivision (f) of Rule 1439 of the California Rules of Court, as it
read on January 1, 2003, comply with all of the following:
   (1) Notice shall be sent by registered or certified mail with
return receipt requested, and additional notice by first-class mail
is recommended.
   (2) Notice to the tribe shall be to the tribal chairman, unless
the tribe has designated another agent for service.
   (3) Notice shall be sent to all tribes of which the child may be a
member or eligible for membership.
   (4) If the identity or location of an Indian relative or Indian
custodian or the tribe cannot be determined, notice shall be sent to
the office of the Secretary of the Interior, which has 15 days to
provide notice as required.
   (5) Notice shall be sent whenever there is reason to believe the
child may be an Indian child, and for every hearing thereafter,
including, but not limited to, the hearing at which the final
adoption order is to be granted.
   (e) If all prior notices required by this section have been
provided to an Indian tribe, the Indian tribe receiving those prior
notices is encouraged to provide notice to the department and to the
licensed adoption agency or adoption service provider, not later than
five calendar days prior to the date of the hearing to determine
whether or not the final adoption order is to be granted, indicating
whether or not it intends to intervene in the proceeding required by
this section, either on its own behalf or on behalf of a tribal
member who is a relative of the child.
   (f) The Legislature finds and declares that some adoptive children
may benefit from either direct or indirect contact with an Indian
tribe.  Nothing in the adoption laws of this state shall be construed
to prevent the adopting parent or parents, the birth relatives,
including the birth parent or parents, an Indian tribe, and the
child, from voluntarily entering into a written agreement to permit
continuing contact between the Indian tribe and the child, if the
agreement is found by the court to have been entered into voluntarily
and to be in the best interest of the child at the time the adoption
petition is granted.
   (g) With respect to giving notice to Indian tribes in the case of
voluntary placements of Indian children pursuant to this section, a
person, other than a birth parent of the child, shall be subject to a
civil penalty if that person knowingly and willfully:
   (1) Falsifies, conceals, or covers up by any trick, scheme, or
device, a material fact concerning whether the child is an Indian
child or the parent is an Indian.
   (2) Makes any false, fictitious, or fraudulent statement,
omission, or representation.
   (3) Falsifies a written document knowing that the document
contains a false, fictitious, or fraudulent statement or entry
relating to a material fact.
   (4) Assists any person in physically removing a child from the
State of California in order to obstruct the application of
notification.
   (h) Civil penalties for a violation of subdivision (g) by a person
other than a birth parent of the child are as follows:
   (1) For the initial violation, a person shall be fined not more
than ten thousand dollars ($10,000).
   (2) For any subsequent violation, a person shall be fined not more
than twenty thousand dollars ($20,000).
   (i) For purposes of this section, the terms "Indian tribe,"
"Indian organization," and "Indian child" are defined in Section 1903
of Title 25 of the United States Code.
8621.  The department shall adopt regulations regarding the
provision of adoption services by the department, licensed adoption
agencies and other adoption service providers, and shall monitor the
provision of those services by licensed adoption agencies and other
adoption providers.  The department shall report violations of
regulations to the appropriate licensing authority.
   This section shall become operative on January 1, 1995.
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.