What grounds can an agency use to reject adoption approval in California?

Full question:

My wife and I live in California. We have been selected by a birth parent for the process of independent adoption. We are aware of the interview and investigation process conducted by the agencies of independent adoption. We would like to know under what grounds the agency can reject the final approval for adoption?

  • Category: Adoption
  • Subcategory: Independent Adoption
  • Date:
  • State: California

Answer:

In California, adoption agencies must conduct interviews and investigations before granting final approval for an adoption. According to California Family Code § 8811, an agency cannot approve an adoptive placement if the prospective adoptive parent or any adult living in the home has:

  • A felony conviction for child abuse or neglect, spousal abuse, crimes against a child (including child pornography), or violent crimes (such as rape, sexual assault, or homicide). This does not include physical assault or battery.
  • A felony conviction within the last five years for physical assault, battery, or drug- or alcohol-related offenses.

Thus, if you or any adult in your home has such convictions, the agency may deny final approval for the adoption.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In California, adoption rules require agencies to conduct thorough interviews and background checks on prospective adoptive parents. Key factors include the criminal history of the applicants and any adults living in the home. Felony convictions related to child abuse, spousal abuse, or violent crimes can lead to disqualification. Additionally, recent felony convictions for physical assault or drug-related offenses may also impact approval. Agencies must ensure the safety and well-being of the child before granting adoption approval. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*