Welcome to our fifth post in the series Adopting in the 50 States. Today, we’re in California, my home state. Remember, I am not a lawyer, nor do I play one on TV. Consult an attorney or other adoption professional with specific questions. If you have adopted in California and would like to share your experience with others, please leave a comment or email me at RobynC@adoptionblogs.com.
Who May Adopt In California?
In California, a child may be adopted by an adult who is at least 10 years older than the child being adopted. Exceptions to the age requirement may be made if the adoptive parent is a relative of the child, or if one adoptive parent is adopting with his or her spouse.
When May Consent Be Signed?
In a direct adoption – that is, an adoption without an agency involved, consent may be signed anytime after the biological mother has been discharged from the hospital. If the biological mother must stay in the hospital longer than the child, then she may sign consent with a verification of competency from her physician.
In an agency adoption, consent may be signed any time after the birth of the child.
How Much Time Do the Birth Parents Have to Revoke Consent?
In a direct adoption, the birth parents have 30 days to request that consent be revoked. In an agency adoption, consent is irrevocable, unless the birth parents have specified an adoptive family and the placement cannot be finalized with that family. Then, the birth parents have 30 days to revoke consent.
Does California Have a Putative Father Registry?
No.
Does California Allow the Biological Father to Give Consent Before the Child is Born?
No.
Can Adoptive Parents Advertise to Find Expectant Parents?
No.
Does California Allow the Use of Facilitators?
Yes. (In fact, my husband and I used one. I wouldn’t recommend it, however.)
How Long Before Adoption Can Be Finalized?
Usually six months, though sometimes longer.
Which Expectant Mother Expenses Can Be Paid by the Adoptive Parents?
Medical, legal, counseling, and living expenses may be paid. Qualified expenses include maternity clothing, housing, food, and transportation. Expenses can be paid 3 months prenatal to up to 11 weeks postpartum. The birth parents must provide receipts to the adoptive parents, and the adoptive parents must provide receipts to the court.
Can Out of State Residents Finalize in California?
Yes.
Does California Allow for Enforceable Open Adoption Agreements?
Yes. Any biological relative may be a party in an open adoption agreement. An adoption cannot be set aside if the conditions of the agreement are not met. Before the court will intervene, the parties must take part in mediation. An agreement cannot be terminated without the court’s order.
Information from Parents Who Have Been There
I live in California, but we adopted from Missouri. I can tell you that the California ICPC office is fairly quick, but they will need cooperation from your agency, attorney, or facilitator.
Resources
- California Adoption
- Child Adoption Laws California
- Child Welfare Information Gateway, State Statutes
- Adamec, Christine. The Complete Idiot’s Guide to Adoption. New York: Alpha Books, a member of Penguin Group (USA) Inc., 2004.
- Adoptive Families Magazine, 2004
Photo Credit: California Travel and Tourism Commission
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