Can a minor birth parent consent to independent adoption in California?

Full question:

My husband and I live in California. We have decided to adopt a child from our family friend. The birth parent of the child is a minor. Does a minor birth parent have a right to give consent to the independent adoption?

  • Category: Adoption
  • Subcategory: Consent of Minor
  • Date:
  • State: California

Answer:

In California, a minor birth parent can consent to an independent adoption without it being revocable due to their minority status. According to California Family Code § 8814, a minor parent has the right to sign consent for their child's adoption, and this consent cannot be revoked simply because the birth parent is a minor or because their parent or guardian was not notified of the consent, unless the minor parent had previously authorized such notice.

Therefore, there are no legal barriers to adopting a child from a minor birth parent, and the consent remains valid even if the notice was not served to the minor parent's parent or guardian.

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, a stepparent can adopt a child without the biological father's consent if the father has abandoned the child or if his parental rights have been terminated. If the father is still involved in the child's life, his consent is typically required for the adoption to proceed. It’s advisable to consult with an attorney to understand the specific circumstances and legal requirements involved in your situation. *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.*