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State Adoption Laws in California

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When it comes to laws that govern California adoption, trying to find a quick and simple answer can be frustrating.  Trying to decipher what a specific adoption law statute means can be overwhelming.  Our goal is to help you find answers to the most common California adoption laws.

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.

 
Summary Answer**
State Statute
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