California

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California

Who Must Consent:

The birth parents, if living.
The parent having custody if the other parent:
- fails to communicate with and support the child and
- fails to respond to notice of adoption.
A married person may not adopt a child without the consent of the spouse.

Consent of Adoptee:
A child 12 years or older must consent to the adoption.

When Parental Consent is Not Needed:
Parent has:

Relinquished rights or had them terminated.
Deserted the child.
Willfully fails to contact or support the child for one year.

When Relinquishment Can Be Signed:

In a direct placement, consent may only take place after the discharge of the birth mother from the hospital.
Relinquishment to an agency can take place any time after the birth of the child.

How Relinquishment Must Be Signed:

In a direct placement, consent must take place in the presence of an Adoption Service Provider or other delegated agent, who has advised the parents of their rights.
In an agency adoption, a form is signed before 2 witnesses and acknowledged before an official of the agency.

Time for Revocation:

In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request return of the child or sign a waiver of the right to revoke consent.
In agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.

• Glossary of Terms
• Legal Considerations in Adoption
• Parental Rights
• Putative Father Registries: What They Are and How To Use Them
• Resources for Expectant/Placing Parents

Relinquishment Summaries by State: Index

Source: National Adoption Information Clearinghouse. Reprinted with permission.