Amended in Assembly April 23, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1701

Introduced by Assembly Member Patterson

February 13, 2014

An act to amend Sections 7630, 7662, 7666, 7807, 8603, 8604, 8606, 8613.5, 8700, 8801.3, 8804, 8807, 8808, 8814, and 8815 of, and to add Sections 7671, 7842, and 8800.5 to, the Family Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 1701, as amended, Patterson. Family law: adoption.

(1) Existing law authorizes, among others, the child’s natural parent to bring an action to declare the existence or nonexistence of a presumed parent and child relationship. Existing law requires the court to join to that action specified parties, including prospective adoptive parents who have physical custody of a child, who have not been joined as parties without the necessity of a motion for joinder.

This bill would instead authorize the child’s natural mother to bring that action. The bill would also require the court to join to that action additional specified parties who have not been joined as parties, including a licensed California adoption agency to which the mother proposes to relinquish the child for adoption.

(2) Existing law provides for the adoption of unmarried minors. Existing law prohibits a married person, not lawfully separated from the person’s spouse, from adopting a child without the consent of the spouse if the spouse is capable of giving that consent.

This bill would additionally provide that the consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless he or she has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent of the child.

(3) Existing law generally provides that a child having a presumed father, as specified, shall not be adopted without the consent of the child’s birth parents, if living. However, 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, after the birth parent who does not have custody has been served with a specified citation. Under existing law, the failure of a birth parent to pay for the care, support, and education of the child for the period of one year or the 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.

This bill would authorize the court to issue a temporary custody order, as specified, if the birth mother of a child for whom there is not a presumed father leaves the child in certain circumstances, including in the physical care of a licensed private adoption agency, and fails to sign a placement agreement, consent, or relinquishment for adoption. The bill would authorize the temporary custody order to be voided upon the birth mother’s request to have the child returned to her care and custody.

(4) Existing law requires, if a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, one of several specified persons to file a petition to terminate the parental rights of the alleged father, except as specified.

Existing law permits an interested person to file a petition for an order or judgment declaring a child free from the custody and control of either or both parents.

This bill would permit a single petition to be filed to terminate the parental rights of the alleged father or fathers of 2 or more biological siblings or to terminate the parental rights of 2 or more alleged fathers of the same child. The bill would also permit a single petition to be filed to free a child, or more than one child if the children are biological siblings, from the custody and control of both parents. The bill would provide that a court may grant one of these joint petitions in whole or in part and retains the discretion to bifurcate a case in which a joint petition was filed, and requires a court to bifurcate a case in which a joint petition was filed whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding.

(5) Existing law authorizes the court to waive the personal appearance of a prospective adoptive parent and permit him or her to appear at an adoption proceeding through an attorney if there is clear and convincing evidence that it is impossible or impracticable for the prospective adoptive parent to appear at the adoption proceeding.

This bill would authorize the court to permit a prospective adoptive parent to appear by telephone, videoconference, or other remote electronic means that the court deems reasonable, prudent, and reliable.

(6) Existing law governs independent adoptions, which are defined to mean adoptions in which neither the State Department of Social Services nor an agency licensed by that department is a party to or joins in the adoption petition, and sets forth the procedures for completing an independent adoption.

This bill would authorize a parent who is not a resident of this state and who is placing a child for independent adoption within this state to place the child using this state’s independent adoption procedures or using the procedures prescribed by the state or territory in which the parent resides. The bill would make other conforming changes.

Existing law requires, as a part of the independent adoption procedures, the department or the delegated county adoption agency to investigate the proposed independent adoption and submit a report of the facts disclosed by its inquiry with a recommendation regarding the granting of the adoption petition.

This bill would provide that when the department or a delegated county adoption agency is investigating a proposed adoption, it is not required to reinvestigate matters addressed in a valid preplacement evaluation or a valid private agency adoption home study, if no new information has been discovered or events have occurred subsequent to the approval of the evaluation or home study that create a reasonable belief that further investigation is necessary. The bill would also authorize the court to refer the investigation to a licensed private agency for completion if the investigation is not completed within 210 days of the initial filing of the adoption petition.

Existing law also requires the department or a delegated county adoption agency to interview the petitioners and all persons from whom consent is required and whose addresses are known. Existing law requires the agency, at the interview, to give the placing parent an opportunity to sign either a statement revoking consent, or a waiver of the right to revoke consent. In order to facilitate the interview, existing law requires the petitioner, at the time the petition is filed, to file, among other things, a copy of the petition with the department or with the delegated county adoption agency responsible for the investigation of the adoption.

This bill would not require the department to provide the placing parent an opportunity to sign a statement revoking consent or a waiver of the right to revoke consent if the parent has already signed a waiver of the right to revoke consent or if the time period allowed to revoke consent has expired. The bill would require the petitioner, within 5 days of filing the petition, to provide the department or delegated county adoption agency, among other things, a stamped file copy of the petition and a copy of any valid preplacement evaluation or any valid private agency adoption home study.

Existing law requires the court, in an independent adoption, if a birth parent who did not place a child for adoption has refused to give the required consent, or a birth parent revokes consent, or, before the time when a revocable consent becomes permanent, a birth parent requests the return of the child, to order the child restored to the care and custody of the birth parent.

This bill would instead require the child to be restored to the care and custody of his or her birth parent, unless the court orders otherwise.

By imposing additional duties on delegated county adoption agencies, this bill would impose a state-mandated local program.

(7) Existing law authorizes a parent who is a minor to relinquish his or her child to the department, county adoption agency, or licensed adoption agency and sign a consent for the adoption. Existing law provides that the relinquishment and consent are not subject to revocation by reason of minority.

This bill would also provide that the relinquishment and consent are not subject to revocation because the parent or guardian of the minor parent was not served with notice of the relinquishment or consent, unless the minor parent previously provided written authorization to serve his or her parent or guardian with those notices.

(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 7630 of the Family Code is amended to
read:

7630.  

(a) A child, the child’s natural mother, a person
presumed to be the child’s parent under subdivision (a), (b), or (c)
of Section 7611, an adoption agency to whom the child has been
relinquished, or a prospective adoptive parent of the child may
bring an action as follows:

(1) At any time for the purpose of declaring the existence of the
parent and child relationship presumed under subdivision (a), (b),
or (c) of Section 7611.

(2) For the purpose of declaring the nonexistence of the parent
and child relationship presumed under subdivision (a), (b), or (c)
of Section 7611 only if the action is brought within a reasonable
time after obtaining knowledge of relevant facts. After the
presumption has been rebutted, parentage of the child by another
person may be determined in the same action, if that person has
been made a party.

(b) Any interested party may bring an action at any time for the
purpose of determining the existence or nonexistence of the parent
and child relationship presumed under subdivision (d) or (f) of
Section 7611.

(c) Except as to cases coming within Chapter 1 (commencing
with Section 7540) of Part 2, an action to determine the existence
of the parent and child relationship may be brought by the child,
a personal representative of the child, the Department of Child
Support Services, a presumed parent or the personal representative
or a parent of that presumed parent if that parent has died or is a
minor, or, in cases in which the natural mother is the only presumed
parent or an adoption is pending, a man alleged or alleging himself
to be the father or the personal representative or a parent of the
alleged father if the alleged father has died or is a minor.

(d) (1) If a proceeding has been filed under Chapter 2
(commencing with Section 7820) of Part 4, an action under
subdivision (a) or (b) shall be consolidated with that proceeding.
The parental rights of the presumed parent shall be determined as
set forth in Sections 7820 to 7829, inclusive.

(2) If a proceeding pursuant to Section 7662 has been filed under
Chapter 5 (commencing with Section 7660), an action under
subdivision (c) shall be consolidated with that proceeding. The
parental rights of the alleged natural father shall be determined as
set forth in Section 7664.

(3) The consolidated action under paragraph (1) or (2) shall be
heard in the court in which the proceeding under Section 7662 or
Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
the court finds, by clear and convincing evidence, that transferring
the action to the other court poses a substantial hardship to the
petitioner. Mere inconvenience does not constitute a sufficient
basis for a finding of substantial hardship. If the court determines
there is a substantial hardship, the consolidated action shall be
heard in the court in which the parentage action is filed.

(e) (1) If any prospective adoptive parent who has physical
custody of the child, any licensed California adoption agency that
has legal custody of the child or to which the mother proposes to
relinquish the child for adoption, or any person whom the mother
has designated as the prospective adoptive parent in a written
statement executed before a hospital social worker, an adoption
service provider, an adoption agency representative, or a notary
public, has not been joined as a party to an action to determine the
existence of a parent and child relationship under subdivision (a),
(b), or (c), or an action for custody by the alleged natural father,
the court shall join the prospective adoptive parent or licensed
California adoption agency as a party upon application or on its
own motion, without the necessity of a motion for joinder. A joined
party shall not be required to pay a fee in connection with this
action.

(2) If a person brings an action to determine parentage and
custody of a child who he or she has reason to believe is in the
physical or legal custody of an adoption agency, or of one or more
persons other than the child’s parent who are prospective adoptive
parents, he or she shall serve his or her entire pleading on, and
give notice of all proceedings to, the adoption agency or the
prospective adoptive parents, or both.

(f) A party to an assisted reproduction agreement may bring an
action at any time to establish a parent and child relationship
consistent with the intent expressed in that assisted reproduction
agreement.

(g) (1) In an action to determine the existence of the parent and
child relationship brought pursuant to subdivision (b), if the child’s
other parent has died and there are no existing court orders or
pending court actions involving custody or guardianship of the
child, then the persons having physical custody of the child shall
be served with notice of the proceeding at least 15 days prior to
the hearing, either by mail or in any manner authorized by the
court. If any person identified as having physical custody of the
child cannot be located, the court shall prescribe the manner of
giving notice.

(2) If known to the person bringing the parentage action,
relatives within the second degree of the child shall be given notice
of the proceeding at least 15 days prior to the hearing, either by
mail or in any manner authorized by the court. If a person identified
as a relative of the second degree of the child cannot be located,
or his or her whereabouts are unknown or cannot be ascertained,
the court shall prescribe the manner of giving notice, or shall
dispense with giving notice to that person.

(3) Proof of notice pursuant to this subdivision shall be filed
with the court before the proceeding to determine the existence of
the parent and child relationship is heard.

SEC. 2.  

Section 7662 of the Family Code is amended to read:

7662.  

(a) If a mother relinquishes for or consents to, or
proposes to relinquish for or consent to, the adoption of a child,
or if a child otherwise becomes the subject of an adoption
proceeding, the agency or person to whom the child has been or
is to be relinquished, or the mother or the person having physical
or legal custody of the child, or the prospective adoptive parent,
shall file a petition to terminate the parental rights of the alleged
father, unless one of the following occurs:

(1) The alleged father’s relationship to the child has been
previously terminated or determined not to exist by a court.

(2) The alleged father has been served as prescribed in Section
7666 with a written notice alleging that he is or could be the
biological father of the child to be adopted or placed for adoption
and has failed to bring an action for the purpose of declaring the
existence of the father and child relationship pursuant to
subdivision (c) of Section 7630 within 30 days of service of the
notice or the birth of the child, whichever is later.

(3) The alleged father has executed a written form developed
by the department to waive notice, to deny his paternity, relinquish
the child for adoption, or consent to the adoption of the child.

(b) The alleged father may validly execute a waiver or denial
of paternity before or after the birth of the child, and begin insert , end insert once signed,
no notice of, relinquishment for, or consent to adoption of the child
shall be required from the alleged father for the adoption to
proceed.

(c) Except as provided in this subdivision and subdivision (d),
all proceedings affecting a child, including proceedings under
Divisions 8 (commencing with Section 3000) to 11 (commencing
with Section 6500), inclusive, Part 1 (commencing with Section
7500) to Part 3 (commencing with Section 7600), inclusive, of this
division, and Part 1 (commencing with Section 1400), Part 2
(commencing with Section 1500), and Part 4 (commencing with
Section 2100) of Division 4 of the Probate Code, and any motion
or petition for custody or visitation filed in a proceeding under this
part, shall be stayed. The petition to terminate parental rights under
this section is the only matter that may be heard during the stay
until the court issues a final ruling on the petition.

(d) This section does not limit the jurisdiction of the court
pursuant to Part 3 (commencing with Section 6240) and Part 4
(commencing with Section 6300) of Division 10 with respect to
domestic violence orders, or pursuant to Article 6 (commencing
with Section 300) of Chapter 2 of Part 1 of Division 2 of the
Welfare and Institutions Code with respect to dependency
proceedings.

SEC. 3.  

Section 7666 of the Family Code is amended to read:

7666.  

(a) Except as provided in subdivision (b), notice of the
proceeding shall be given to every person identified as the
biological father or a possible biological father in accordance with
the Code of Civil Procedure for the service of process in a civil
action in this state at least 10 days before the date of the
proceeding, except that publication or posting of the notice of the
proceeding is not required, and service on the parent or guardian
of a biological father or possible biological father who is a minor
is not required unless the minor has previously provided written
authorization to serve his or her parent or guardian. Proof of giving
the notice shall be filed with the court before the petition is heard.

(b) Notice to a man identified as or alleged to be the biological
father shall not be required, and the court shall issue an order
dispensing with notice to him, under any of the following
circumstances:

(1) The relationship to the child has been previously terminated
or determined not to exist by a court.

(2) The alleged father has executed a written form to waive
notice, deny his paternity, relinquish the child for adoption, or
consent to the adoption of the child.

(3) The whereabouts or identity of the alleged father are
unknown or cannot be ascertained.

(4) The alleged father has been served with written notice of
his alleged paternity and the proposed adoption, and he has failed
to bring an action pursuant to subdivision (c) of Section 7630
within 30 days of service of the notice or the birth of the child,
whichever is later.

SEC. 4.  

Section 7671 is added to the Family Code, immediately
following Section 7670, to read:

7671.  

A single petition may be filed pursuant to Section 7662
to terminate the parental rights of the alleged father or fathers of
two or more biological siblings or to terminate the parental rights
of two or more alleged fathers of the same child. A petition filed
in accordance with this section may be granted in whole or in part
in accordance with the procedures set forth in this chapter. The
court shall retain discretion to bifurcate any case in which the
petition was filed in accordance with this section, and shall do so
whenever it is necessary to protect the interests of a party or a child
who is the subject of the proceeding.

SEC. 5.  

Section 7807 of the Family Code is amended to read:

7807.  

(a) Sections 3020, 3022, 3040 to 3043, inclusive, and
3409 do not apply in a proceeding under this part.

(b) Except as provided in this subdivision and subdivision (c),
all proceedings affecting a child, including proceedings under
Divisions 8 (commencing with Section 3000) to 11 (commencing
with Section 6500), inclusive, Part 1 (commencing with Section
7500) to Part 3 (commencing with Section 7600), inclusive, of this
division, and Part 1 (commencing with Section 1400), Part 2
(commencing with Section 1500), and Part 4 (commencing with
Section 2100) of Division 4 of the Probate Code, and any motion
or petition for custody or visitation filed in a proceeding under this
part, shall be stayed. The petition to free the minor from parental
custody and control under this section is the only matter that may
be heard during the stay until the court issues a final ruling on the
petition.

(c) This section does not limit the jurisdiction of the court
pursuant to Part 3 (commencing with Section 6240) and Part 4
(commencing with Section 6300) of Division 10 with respect to
domestic violence orders, or pursuant to Article 6 (commencing
with Section 300) of Chapter 2 of Part 1 of Division 2 of the
Welfare and Institutions Code with respect to dependency
proceedings.

SEC. 6.  

Section 7842 is added to the Family Code, immediately
following Section 7841, to read:

7842.  

A single petition may be filed under this part to free a
child, or more than one child if the children are biological siblings,
from the custody and control of both parents. A petition filed in
accordance with this section may be granted in whole or in part in
accordance with the procedures set forth in this chapter. The court
shall retain discretion to bifurcate any case in which the petition
was filed in accordance with this section, and shall do so whenever
it is necessary to protect the interests of a party or a child who is
the subject of the proceeding.

SEC. 7.  

Section 8603 of the Family Code is amended to read:

8603.  

(a) A married person, not lawfully separated from the
person’s spouse, shall not adopt a child without the consent of the
spouse, provided that the spouse is capable of giving that consent.

(b) The consent of the spouse shall not establish any parental
rights or responsibilities on the part of the consenting spouse unless
he or she has consented to adopt the child in a writing filed with
the court and is named in the final decree as an adoptive parent.
begin insert The court shall not name the consenting spouse as an adoptive
parent in the final decree unless the consenting spouse has filed
that written consent to adopt the child with the court and has an
approved adoption home study. end insert

SEC. 8.  

Section 8604 of the Family Code is amended to read:

8604.  

(a) Except as provided in subdivision (b), a child having
a presumed father under Section 7611 shall 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.

(d) (1) If the birth mother of a child for whom there is not a
presumed father leaves the child in the physical care of a licensed
private adoption agency, in the physical care of a prospective
adoptive parent who has an approved preplacement evaluation or
private agency adoption home study, or in the hospital after
designating a licensed private adoption agency or an approved
prospective adoptive parent in a signed document, completed with
a hospital social worker, adoption service provider, licensed private
adoption agency worker, notary, or attorney, but fails to sign a
placement agreement, consent, or relinquishment for adoption, the
approved prospective adoptive parent or the licensed private
adoption agency may apply for, and the court may issue, a
temporary custody order placing the child in the care and custody
of the applicant.

(2) A temporary custody order issued pursuant to this
subdivision shall include all of the following:

(A) A requirement that the applicant keep the court informed
of the child’s residence at all times.

(B) A requirement that the child shall not be removed from the
state or concealed within the state.

(C) The expiration date of the order, which shall not be more
than six months after the order is issued.

(3) A temporary custody order issued pursuant to this
subdivision may be voided upon the birth mother’s request to have
the child returned to her care and custody.

SEC. 9.  

Section 8606 of the Family Code is amended to read:

8606.  

Notwithstanding Sections 8604 and 8605, the consent
of a birth parent is not necessary in the following cases:

(a) When 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) When 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) When the birth parent has deserted the child without
provision for identification of the child.

(d) When the birth parent has relinquished the child for adoption
as provided in Section 8700.

(e) When the birth parent has relinquished or placed the child
for adoption in another jurisdiction pursuant to the law of that
jurisdiction.

(f) When the birth parent has placed the child for adoption
pursuant to Section 8800.5.

SEC. 10.  

Section 8613.5 of the Family Code is amended to
read:

8613.5.  

(a) (1) If it is impossible or impracticable for either
prospective adoptive parent to make an appearance in person, and
the circumstances are established by clear and convincing
documentary evidence, the court may, in its discretion, do either
of the following:

(A) Waive the personal appearance of the prospective adoptive
parent. 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) Authorize the prospective adoptive parent to appear by
telephone, videoconference, or other remote electronic means that
the court deems reasonable, prudent, and reliable.

(2) For purposes of this section, if the circumstances that make
an appearance in person by a prospective adoptive parent
impossible or impracticable are temporary in nature or of a short
duration, the court shall not waive the personal appearance of that
prospective adoptive parent.

(b) If 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) If 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 by
counsel or electronically pursuant to subparagraph (B) of paragraph
(1) of subdivision (a) are equally applicable to the spouse of a
prospective adoptive parent who resides with the prospective
adoptive parent outside this state.

(f) If, 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) If none of the parties begin delete appears, end delete begin insert appear, end insert 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.

SEC. 11.  

Section 8700 of the Family Code is amended to read:

8700.  

(a) Either birth parent may relinquish a child to the
department, county adoption agency, or licensed adoption agency
for adoption by a written statement signed before two subscribing
witnesses and acknowledged before an authorized official of the
department, county adoption agency, or licensed adoption agency.
The relinquishment, when reciting that the person making it is
entitled to the sole custody of the child and acknowledged before
the officer, is prima facie evidence of the right of the person making
it to the sole custody of the child and the person’s sole right to
relinquish.

(b) A relinquishing parent who is a minor has the right to
relinquish his or her child for adoption to the department, county
adoption agency, or licensed adoption agency, and the
relinquishment is not subject to revocation begin insert by the relinquishing
parent end insert by reason of the minority, or because the parent or guardian
of the relinquishing minor parent was not served with notice that
the relinquishing minor parent relinquished his or her child for
adoption, unless the relinquishing minor parent has previously
provided written authorization to serve his or her parent or guardian
with that notice.

(c) If a parent resides outside this state and the other parent has
relinquished the child for adoption, the parent residing out of state
may relinquish the child by a written statement signed before a
notary on a form prescribed by the department, and previously
signed by an authorized official of the department, county adoption
agency, or licensed adoption agency that signifies the willingness
of the department, county adoption agency, or licensed adoption
agency to accept the relinquishment.

(d) If a parent and child reside outside this state and the other
parent has not relinquished the child for adoption to the department,
county adoption agency, or licensed adoption agency, the parent
residing out of state may relinquish the child to the department,
county adoption agency, or licensed adoption agency by a written
statement signed by the relinquishing parent, after the following
requirements have been satisfied:

(1) Prior to signing the relinquishment, the relinquishing parent
shall have received, from a representative of an agency licensed
or otherwise approved to provide adoption services under the laws
of the relinquishing parent’s state of residence, the same counseling
and advisement services as if the relinquishing parent resided in
this state.

(2) The relinquishment shall be signed before a representative
of an agency licensed or otherwise approved to provide adoption
services under the laws of the relinquishing parent’s state of
residence whenever possible or before a licensed social worker on
a form prescribed by the department, and previously signed by an
authorized official of the department, county adoption agency, or
licensed adoption agency, that signifies the willingness of the
department, county adoption agency, or licensed adoption agency
to accept the relinquishment.

(e) (1) The relinquishment authorized by this section has no
effect until a certified copy is sent to, and filed with, the
department. The county adoption agency or licensed adoption
agency shall send that copy by certified mail, return receipt
requested, or by overnight courier or messenger, with proof of
delivery, to the department no earlier than the end of the business
day following the signing thereof. The agency shall inform the
birth parent that during this time period he or she may request that
the relinquishment be withdrawn and that, if he or she makes the
request, the relinquishment shall be withdrawn. The relinquishment
shall be final 10 business days after receipt of the filing by the
department, unless any of the following applies:

(A) The department sends written acknowledgment of receipt
of the relinquishment prior to the expiration of that 10-day period,
at which time the relinquishment shall be final.

(B) A longer period of time is necessary due to a pending court
action or some other cause beyond control of the department.

(C) The birth parent signs a waiver of right to revoke
relinquishment pursuant to Section 8700.5, in which case the
relinquishment shall become final as provided in that section.

(2) After the relinquishment is final, it may be rescinded only
by the mutual consent of the department, county adoption agency,
or licensed adoption agency to which the child was relinquished
and the birth parent or parents relinquishing the child.

(f) The relinquishing parent may name in the relinquishment
the person or persons with whom he or she intends that placement
of the child for adoption be made by the department, county
adoption agency, or licensed adoption agency.

(g) Notwithstanding subdivision (e), if the relinquishment names
the person or persons with whom placement by the department,
county adoption agency, or licensed adoption agency is intended
and the child is not placed in the home of the named person or
persons or the child is removed from the home prior to the granting
of the adoption, the department, county adoption agency, or
licensed adoption agency shall mail a notice by certified mail,
return receipt requested, to the birth parent signing the
relinquishment within 72 hours of the decision not to place the
child for adoption or the decision to remove the child from the
home.

(h) The relinquishing parent has 30 days from the date on which
the notice described in subdivision (g) was mailed to rescind the
relinquishment.

(1) If the relinquishing parent requests rescission during the
30-day period, the department, county adoption agency, or licensed
adoption agency shall rescind the relinquishment.

(2) If the relinquishing parent does not request rescission during
the 30-day period, the department, county adoption agency, or
licensed adoption agency shall select adoptive parents for the child.

(3) If the relinquishing parent and the department, county
adoption agency, or licensed adoption agency wish to identify a
different person or persons during the 30-day period with whom
the child is intended to be placed, the initial relinquishment shall
be rescinded and a new relinquishment identifying the person or
persons completed.

(i) If the parent has relinquished a child, who has been found
to come within Section 300 of the Welfare and Institutions Code
or is the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code, to the
department, county adoption agency, or a licensed adoption agency
for the purpose of adoption, the department, county adoption
agency, or licensed adoption agency accepting the relinquishment
shall provide written notice of the relinquishment within five court
days to all of the following:

(1) The juvenile court having jurisdiction of the child.

(2) The child’s attorney, if any.

(3) The relinquishing parent’s attorney, if any.

(j) The filing of the relinquishment with the department
terminates all parental rights and responsibilities with regard to
the child, except as provided in subdivisions (g) and (h).

(k) The department shall adopt regulations to administer the
provisions of this section.

SEC. 12.  

Section 8800.5 is added to the Family Code, to read:

8800.5.  

(a) A parent who is a resident of this state who is
placing a child for independent adoption within this state shall
follow the procedures set forth in this chapter.

(b) A parent who is not a resident of this state who is placing a
child for independent adoption within this state may follow the
procedures set forth in this chapter or the procedures prescribed
by the state or territory in which the parent resides.

SEC. 13.  

Section 8801.3 of the Family Code is amended to
read:

8801.3.  

Except when a child has been placed for adoption
following the procedures prescribed by another state or territory,
as authorized by subdivision (b) of Section 8800.5, a child shall
not be considered to have been placed for independent adoption
unless each of the following is true:

(a) Each birth parent placing the child for adoption has been
advised of his or her rights, and begin insert , end insert if desired, has been counseled
pursuant to Section 8801.5.

(b) The adoption service provider, each prospective adoptive
parent, and each birth parent placing the child have signed an
adoption placement agreement on a form prescribed by the
department. The signing of the agreement shall satisfy all of the
following requirements:

(1) Each birth parent shall have been advised of his or her rights
pursuant to Section 8801.5 at least 10 days before signing the
agreement, unless the adoption service provider finds exigent
circumstances that shall be set forth in the adoption placement
agreement.

(2) The agreement may not be signed by either the birth parents
or the prospective adoptive parents until the time of discharge of
the birth mother from the hospital. However, if the birth mother
remains hospitalized for a period longer than the hospitalization
of the child, the agreement may be signed by all parties at the time
of or after the child’s discharge from the hospital but prior to the
birth mother’s discharge from the hospital if her competency to
sign is verified by her attending physician and surgeon before she
signs the agreement.

(3) The birth parents and prospective adoptive parents shall sign
the agreement in the presence of an adoption service provider.

(4) The adoption service provider who witnesses the signatures
shall keep the original of the adoption placement agreement and
immediately forward it and supporting documentation as required
by the department to the department or delegated county adoption
agency.

(5) The child is not deemed to be placed for adoption with the
prospective adoptive parents until the adoption placement
agreement has been signed and witnessed.

(6) If the birth parent is not located in this state or country, the
adoption placement agreement shall be signed before an adoption
service provider or, for purposes of identification of the birth parent
only, before a notary or other person authorized to perform notarial
acts in the state or country in which the birth parent is located.
This paragraph is not applicable to intercountry adoptions, as
defined in Section 8527, which shall be governed by Chapter 4
(commencing with Section 8900).

(c) The adoption placement agreement form shall include all of
the following:

(1) A statement that the birth parent received the advisement of
rights and the date upon which it was received.

(2) A statement that the birth parent understands that the
placement is for the purpose of adoption and that if the birth parent
takes no further action, on the 31st day after signing the adoption
placement agreement, the agreement shall become a permanent
and irrevocable consent to the adoption.

(3) A statement that the birth parent signs the agreement having
personal knowledge of certain facts regarding the prospective
adoptive parents as provided in Section 8801.

(4) A statement that the adoptive parents have been informed
of the basic health and social history of the birth parents.

(5) A consent to the adoption that may be revoked as provided
by Section 8814.5.

(d) The adoption placement agreement shall also meet the
requirements of the Interstate Compact on the Placement of
Children in Section 7901.

SEC. 14.  

Section 8804 of the Family Code is amended to read:

8804.  

(a) Whenever the petitioners move to withdraw the
petition for the adoption or to dismiss the proceeding, the clerk of
the court in which the proceeding is pending shall immediately
notify the department at Sacramento of the action. The department
or the delegated county adoption agency shall file a full report
with the court recommending a suitable plan for the child in every
case where the petitioners move to withdraw the petition for the
adoption or where the department or delegated county adoption
agency recommends that the petition for adoption be denied and
shall appear before the court for the purpose of representing the
child.

(b) Notwithstanding the withdrawal or dismissal of the petition,
the court may retain jurisdiction over the child for the purposes of
making any order for the child’s custody that the court deems to
be in the child’s best interest.

(c) If a birth parent who did not place a child for adoption as
specified in Section 8801.3 has refused to give the required consent,
or a birth parent revokes consent as specified in Section 8814.5,
the child shall be restored to the care and custody of the birth parent
or parents begin insert , unless the court orders otherwise, end insert subject to Section
3041 begin delete , unless the court orders otherwise end delete .

SEC. 15.  

Section 8807 of the Family Code is amended to read:

8807.  

(a) Except as provided in subdivisions (b) and (c), within
180 days after receiving 50 percent of the fee, the department or
delegated county adoption agency shall investigate the proposed
independent adoption and, after the remaining balance of the fee
is paid, submit to the court a full report of the facts disclosed by
its inquiry with a recommendation regarding the granting of the
petition. If the petitioners have a valid preplacement evaluation or
a valid private agency adoption home study, as described in
paragraph (2) of subdivision (a) of Section 8810, and no new
information has been discovered or events have occurred
subsequent to the approval of the evaluation or home study that
create a reasonable belief that further investigation is necessary,
the department or delegated county adoption agency may elect not
to reinvestigate any matters covered in the evaluation or home
study.

(b) If the investigation establishes that there is a serious question
concerning the suitability of the petitioners, the care provided to
the child, or the availability of the consent to adoption, the report
shall be filed immediately.

(c) (1) In its discretion, the court may allow additional time for
the filing of the report, after at least five days’ notice to the
petitioner or petitioners and an opportunity for the petitioner or
petitioners to be heard with respect to the request for additional
time.

(2) If the investigation and report is not completed within 210
days after the adoption petition was initially filed, the petitioner
or petitioners may request the court to issue, and a court may issue,
an order requiring the department or delegated county adoption
agency to complete the investigation within 30 days, and providing
that failure to do so shall be cause for the court to refer the
investigation to a licensed private agency for completion. If the
investigation is referred to a licensed private agency, the
department or delegated county adoption agency shall turn over
all fees for the case to the private agency. Before ruling on the
request, the court shall consider the reason or reasons for the delay,
including, but not limited to, a failure by the petitioner or
petitioners to promptly cooperate with the requests of the
department or delegated county adoption agency.

(d) If a petitioner is a resident of a state other than California,
an updated and current home begin insert end insert 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 or delegated county adoption agency, if the
standards and criteria established for a home begin insert end insert study report in the
other state are substantially commensurate with the home begin insert end insert study
standards and criteria established in California adoption regulations.

SEC. 16.  

Section 8808 of the Family Code is amended to read:

8808.  

(a) The department or delegated county adoption agency
shall interview the petitioners within 45 working days, excluding
legal holidays, after the filing of the adoption petition.

(b) The department or delegated county adoption agency shall
interview all persons from whom consent is required and whose
addresses are known as soon as 50 percent of the fee has been paid
to the department or delegated county adoption agency. The
interview with the placing parent or parents shall include, but not
be limited to, discussion of any concerns or problems that the
parent has with the placement and, if the placing parent was not
interviewed as provided in Section 8801.7, the content required
in that interview. At the interview, the agency shall give the parent
an opportunity to sign either a statement revoking the consent, or
a waiver of the right to revoke consent, as provided in Section
8814.5, unless the parent has already signed a waiver or the time
period allowed to revoke consent has expired.

(c) In order to facilitate the interview described in this section,
within five business days of filing the petition, the petitioners shall
provide the department or delegated county adoption agency a
stamped file copy of the petition together with 50 percent of the
fee, a copy of any valid preplacement evaluation or any valid
private agency adoption home study, as described in paragraph
(2) of subdivision (a) of Section 8810, and the names, addresses,
and telephone numbers of all parties to be interviewed, if known.

begin delete

.

end delete

SEC. 17.  

Section 8814 of the Family Code is amended to read:

8814.  

(a) Except as provided in Section 7662, the consent of
the birth parent or parents who did not place the child for adoption,
as described in Section 8801.3, to the adoption shall be signed in
the presence of an agent of the department or of a delegated county
adoption agency on a form prescribed by the department. The
consent shall be filed with the clerk of the appropriate superior
court.

(b) The consent described in subdivision (a), when reciting that
the person giving it is entitled to the sole custody of the child and
when acknowledged before that agent, is prima facie evidence of
the right of the person making it to the sole custody of the child
and that person’s sole right to consent.

(c) If the birth parent described in subdivision (a) is located
outside this state for an extended period of time unrelated to the
adoption at the time of signing the consent, the consent may be
signed before a notary or other person authorized to perform
notarial acts, and in that case the consent of the department or of
the delegated county adoption agency is also necessary.

(d) A birth parent who is a minor has the right to sign a consent
for the adoption of the birth parent’s child and the consent is not
subject to revocation begin insert by the birth parent end insert by reason of minority, or
because the parent or guardian of the relinquishing minor parent
was not served with notice that the relinquishing minor parent
consented to the adoption, unless the relinquishing minor parent
has previously provided written authorization to serve his or her
parent or guardian with that notice.

SEC. 18.  

Section 8815 of the Family Code is amended to read:

8815.  

(a) Once the revocable consent to adoption has become
permanent as provided in Section 8814.5, the consent to the
adoption by the prospective adoptive parents may not be
withdrawn.

(b) Before the time when the revocable consent becomes
permanent as provided in Section 8814.5, the birth parent or parents
may request return of the child. In that case the child shall
immediately be returned to the requesting birth parent or parents,
unless a court orders otherwise.

(c) If the person or persons with whom the child has been placed
have concerns that the birth parent or parents requesting return of
the child are unfit or present a danger of harm to the child, that
person or those persons may report their concerns to the appropriate
child welfare agency. These concerns shall not be a basis for failure
to immediately return the child, unless a court orders otherwise.

SEC. 19.  

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.