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:
The department or the adoption agency will require the selected adoptive parents to undergo the process of interview and investigation. In California, the department or the agency shall not give the approval for adoption under certain grounds.Per California Family Code § 8811:
“(a)***
(b)***
(b)***
(c)(1) The department or a delegated county adoption agency shall not give final approval for an adoptive placement in any home in which the prospective adoptive parent or any adult living in the prospective adoptive home has either of the following:
(A) A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subdivision, crimes involving violence means those violent crimes contained in clause (i) of subparagraph (A), and subparagraph (B), of paragraph (1) of subdivision (g) of Section 1522 of the Health and Safety Code.
(B) A felony conviction that occurred within the last five years for physical assault, battery, or a drug- or alcohol-related offense.
(B) A felony conviction that occurred within the last five years for physical assault, battery, or a drug- or alcohol-related offense.
(2)***
(d)***”
(d)***”
Therefore, the department or the agency shall not give final approval to the prospective adoptive parents if they were convicted for felony like; child abuse or neglect or child against crime, sexual assault, child pornography or homicide or if they were convicted within last five years for physical assault, battery or drug or alcohol related offense.
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.
