Whether minor birth parent has the right to give consent for an independent adoption?

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: 04/07/2025
• State: California

Answer:

In an independent adoption, the birth parent selects adoptive parents without the involvement of an agency. In California, the minor birth parent also has the right to give consent for independent adoption that is not subject to revocation as a reason of minority.
Per California Family Code §8814:

“(a)..
(b) ..
(c).. 
(d) A birth parent who is a minor has the right to sign a consent for the adoption of the birth parent's child and the consent is not subject to revocation by the birth parent by reason of minority, or because the parent or guardian of the consenting minor parent was not served with notice that the minor parent consented to the adoption, unless the minor parent has previously provided written authorization to serve his or her parent or guardian with that notice.”

Since there is no legal barrier to adopting a child from a minor parent, you may adopt from such parent. Also, the consent cannot be revoked because the notice was not served to the parent of the consenting minor parent.