adoption laws in California
Every state has very different statutes that regulate how an adoption can be administered. If you are considering an in-state adoption – were both the adoptive family and birth mother live in California – adoption laws become clearer and more definitive. However, if your adoption is a dual-state adoption – wherein the adoptive family and birth mother live in different states – which states laws take precedence can become very complicated. Obviously, in either situation, we advise that an experienced adoption attorney knowledgeable in California adoption law should render an opinion before any action be considered.
As a general reference tool, the following information is provided as an abridged summary interpretation of key California adoption laws. Most of these adoption codes have additional circumstances that will need to be verified and considered for each specific adoption. In addition, in state-to-state adoptions, some of these codes may not be applicable depending on the combination of states involved.
UNDER NO CIRCUMSTANCES SHOULD THIS INFORMATION BE RELIED UPON AS COMPLETE LEGAL ADVICE AND APPLICABLE TO YOUR SPECIFIC ADOPTION. IT IS INTENDED ONLY TO BE A REFERENCE AND NOT DEFINITIVE.
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Summary Answer**
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State Statute
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| State Code | Primary State adoption statute page | |
| When can a Birth Mother sign consent? | After birth mother’s discharged | §8801.3(2) |
| When can a Birth Father sign consent? | After mother is discharged | §8801.3(2) |
| Who is required to witness consent? | Adoption service provider | §8801.3(3), 8801.7(a) |
| When can consent be revoked? | 30-45 days | §8814.5 |
| Is a court hearing required for termination? | No | §8805 |
| Is there a Putative Father registry? | No | No statute specified |
| How long until finalization? | 6-11 months | §8900 |
| Can a non-resident finalize? | Yes | §8806 |
| Are Birth Mother expenses allowed to be paid? | Yes | §8812 |
| Is there an allowable maximum for Birth Mother expenses? | Yes | §8812 |
| Can court increase maximum Birth Mother expenses? | No | No statute specified |
| Are post partum expenses allowed? | Yes, 11 weeks | §http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=08001-09000&file=8800-8823 |
| Are Birth Mother expenses required to be paid by an agency? | No | No statute specified |
| Are Birth Mother medical expenses allowed to be paid? | Yes | §8812 |
| Is there an allowable maximum for medical expenses? | Yes | §8812 |
| Does the state allow same sex adoption? | Yes | §8802 |
| Does the state allow single parent adoption? | Yes | §8802 |