Full question:
My husband and I are living in California. Our family friend had a child a month ago and they want us to adopt their child by the method of independent adoption. We are happy to adopt because we are unable to have a child. We would like to know whether the birth parents can select the adoptive parents under independent adoption?
- Category: Adoption
- Subcategory: Independent Adoption
- Date:
- State: California
Answer:
In an independent adoption, the birth parents make a personal selection of the adoptive family with no agency involved.Per California Family Code § 8801:
“(a) The selection of a prospective adoptive parent or parents shall be personally made by the child's birth parent or parents and may not be delegated to an agent. The act of selection by the birth parent or parents shall be based upon his, her, or their personal knowledge of the prospective adoptive parent or parents.
(b) "Personal knowledge" as used in this section includes, but is not limited to, substantially correct knowledge of all of the following regarding the prospective adoptive parents: their full legal names, ages, religion, race or ethnicity, length of current marriage and number of previous marriages, employment, whether other children or adults reside in their home, whether there are other children who do not reside in their home and the child support obligation for these children and any failure to meet these obligations, any health conditions curtailing their normal daily activities or reducing their normal life expectancies, any convictions for crimes other than minor traffic violations, any removals of children from their care due to child abuse or neglect, and their general area of residence or, upon request, their address.
(c)***”
(b) "Personal knowledge" as used in this section includes, but is not limited to, substantially correct knowledge of all of the following regarding the prospective adoptive parents: their full legal names, ages, religion, race or ethnicity, length of current marriage and number of previous marriages, employment, whether other children or adults reside in their home, whether there are other children who do not reside in their home and the child support obligation for these children and any failure to meet these obligations, any health conditions curtailing their normal daily activities or reducing their normal life expectancies, any convictions for crimes other than minor traffic violations, any removals of children from their care due to child abuse or neglect, and their general area of residence or, upon request, their address.
(c)***”
Therefore, as the birth parents can select the adoptive parents on their personal knowledge of the adoptive parents, your family friend can choose you as the adoptive parents of their child. However, it is to be noted that the state has a role in investigating, analyzing and commenting upon the petition for adoption after the birth parents and adoptive parents have reached an agreement to proceed with 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.
