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 have the right to personally select the adoptive family without agency involvement. According to California Family Code § 8801, the birth parents must make this selection based on their personal knowledge of the prospective adoptive parents. This includes knowing their full legal names, ages, religion, race or ethnicity, marital history, employment, and any relevant health conditions or legal issues.
Since your family friend is the birth parent, they can choose you as the adoptive parents based on their personal knowledge of you. However, it's important to note that the state will still investigate and review the adoption petition after both parties agree to proceed.
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.