2011 California Code
Family Code
DIVISION 13. ADOPTION [8500 - 9340]
CHAPTER 1. General Provisions
Section 8604

CA Fam Code § 8604 (through 2012 Leg Sess) What's This?

(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. If the birth parent or parents have made only token efforts to support or communicate with the child, the court may disregard those token efforts.

(Amended by Stats. 2007, Ch. 47, Sec. 4. Effective January 1, 2008.)

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