2005 California Family Code Sections 8900-8920 CHAPTER 4. INTERCOUNTRY ADOPTIONS

8900.  Intercountry adoption services described in this chapter
shall be exclusively provided by private adoption agencies licensed
by the department specifically to provide these services.
8901.  The department shall adopt regulations to administer the
intercountry adoption program.
8902.  For intercountry adoptions that will be finalized in this
state, the licensed adoption agency shall provide all of the
following services:
   (a) Assessment of the suitability of the applicant's home.
   (b) Placement of the foreign-born child in an approved home.
   (c) Postplacement supervision.
   (d) Submission to the court of a report on the intercountry
adoptive placement with a recommendation regarding the granting of
the petition.
   (e) Services to applicants seeking to adopt related children
living in foreign countries.  The Legislature recognizes that these
children have an impelling need for adoptive placement with their
relatives.
8903.  (a) For each intercountry adoption finalized in this state,
the licensed adoption agency shall assume all responsibilities for
the child including care, custody, and control as if the child had
been relinquished for adoption in this state from the time the child
left the child's native country.
   (b) Notwithstanding subdivision (a), if the child's native country
requires and has given full guardianship to the prospective adoptive
parents, the prospective adoptive parents shall assume all
responsibilities for the child including care, custody, control, and
financial support.
   (c) If the licensed adoption agency or prospective adoptive
parents fail to meet the responsibilities under subdivision (a) or
(b) and the child becomes a dependent of the court pursuant to
Section 300 of the Welfare and Institutions Code, the state shall
assume responsibility for the cost of care for the child.  When the
child becomes a dependent of the court and if, for any reason, is
ineligible for AFDC under Section 14005.1 of the Welfare and
Institutions Code and loses Medi-Cal eligibility, the child shall be
deemed eligible for Medi-Cal under Section 14005.4 of the Welfare and
Institutions Code and the State Director of Health Services has
authority to provide payment for the medical services to the child
that are necessary to meet the child's needs.
8904.  For an intercountry adoption that will be finalized in a
foreign country, the licensed adoption agency shall provide all of
the following services:
   (a) Assessment of the suitability of the applicant's home.
   (b) Certification to the Immigration and Naturalization Service
that this state's intercountry adoption requirements have been met.
   (c) Readoption services as required by the Immigration and
Naturalization Service.
8905.  Licensed adoption agencies may work only with domestic and
foreign adoption agencies with whom they have written agreements that
specify the responsibilities of each.  The agreements may not
violate any statute or regulation of the United States or of this
state.
8906.  Nothing in this chapter may be construed to prohibit the
licensed adoption agency from entering into an agreement with the
prospective adoptive parents to share or transfer financial
responsibility for the child.
8907.  The costs incurred by a licensed adoption agency pursuant to
programs established by this chapter shall be funded by fees charged
by the agency for services required by this chapter.  The agency's
fee schedule is required to be approved by the department initially
and whenever it is altered.
8908.  (a) A licensed adoption agency shall require each person
filing an application for adoption to be fingerprinted and shall
secure from an appropriate law enforcement agency any criminal record
of that person to determine whether the person has ever been
convicted of a crime other than a minor traffic violation.  The
licensed adoption agency may also secure the person's full criminal
record, if any.
   (b) The criminal record, if any, shall be taken into consideration
when evaluating the prospective adoptive parent, and an assessment
of the effects of any criminal history on the ability of the
prospective adoptive parent to provide adequate and proper care and
guidance to the child shall be included in the report to the court.
   (c) Any fee charged by a law enforcement agency for fingerprinting
or for checking or obtaining the criminal record of the applicant
shall be paid by the applicant.  The licensed adoption agency may
defer, waive, or reduce the fee when its payment would cause economic
hardship to the prospective adoptive parents detrimental to the
welfare of the adopted child.
8909.  (a) An agency may not place a child for adoption unless a
written report on the child's medical background and, if available,
the medical background of the child's biological parents so far as
ascertainable, has been submitted to the prospective adoptive parents
and they have acknowledged in writing the receipt of the report.
   (b) The report on the child's background shall contain all known
diagnostic information, including current medical reports on the
child, psychological evaluations, and scholastic information, as well
as all known information regarding the child's developmental history
and family life.
   (c) (1) The biological parents may provide a blood sample at a
clinic or hospital approved by the State Department of Health
Services.  The biological parents' failure to provide a blood sample
shall not affect the adoption of the child.
   (2) The blood sample shall be stored at a laboratory under
contract with the State Department of Health Services for a period of
30 years following the adoption of the child.
   (3) The purpose of the stored sample of blood is to provide a
blood sample from which DNA testing can be done at a later date after
entry of the order of adoption at the request of the adoptive
parents or the adopted child.  The cost of drawing and storing the
blood samples shall be paid for by a separate fee in addition to any
fee required under Section 8907.  The amount of this additional fee
shall be based on the cost of drawing and storing the blood samples
but at no time shall the additional fee be more than one hundred
dollars ($100).
   (d) (1) The blood sample shall be stored and released in such a
manner as to not identify any party to the adoption.
   (2) Any results of the DNA testing shall be stored and released in
such a manner as to not identify any party to the adoption.
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 may not be concealed within
the county in which the adoption proceeding is pending.
   (2) The child may not be removed from the county in which the
adoption proceeding is pending 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) Where the child is absent for a period of not more than 30
days from the county in which the adoption proceeding is pending,
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 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.
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.
8912.  (a) A person desiring to adopt a child may for that purpose
file a petition in the county in which the petitioner resides.  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 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.
   (c) 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.
   (d) The order of adoption shall contain the child's adopted name,
but not the name the child had before adoption.
   (e) If the petitioner 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.
8913.  The prospective adoptive parents and the child proposed to be
adopted shall appear before the court pursuant to Sections 8612 and
8613.
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.
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.
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.
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.
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.
8919.  (a) Each state resident who adopts a child through an
intercountry adoption that is finalized in a foreign country shall
readopt the child in this state if it is required by the Immigration
and Naturalization Service.  The readoption shall include, but is not
limited to, at least one postplacement in-home visit, the filing of
the adoption petition pursuant to Section 8912, the intercountry
adoption court report, accounting reports, and the final adoption
order.  No readoption order shall be granted unless the court
receives a report from an adoption agency authorized to provide
intercountry adoption services pursuant to Section 8900.
   (b) Each state resident who adopts a child through an intercountry
adoption that is finalized in a foreign country may readopt the
child in this state.  The readoption shall meet the standards
described in subdivision (a).
   (c) In addition to the requirement or option of the readoption
process set forth in this section, each state resident who adopts a
child through an intercountry adoption which is finalized in a
foreign country may obtain a birth certificate in the State of
California in accordance with the provisions of Section 103450 of the
Health and Safety Code.
8920.  (a) A child who was adopted as part of a sibling group and
who has been separated from his or her 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 no such agreement exists.  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.