Full question:
I have initiated the process for adopting a five year old boy. He has no father and his mother left him in an orphanage soon after birth and moved to another state. Now she has come back and is objecting to the adoption? How will this affect the adoption?
- Category: Adoption
- Date:
- State: California
Answer:
In California, it is not necessary to obtain the consent of a birth parent if they have abandoned the child. So the objection of a birth parent who has abandoned the child will not have any negative effect on the adoption. The law is stated in Cal.Fam.Code § 8606 that reads:“Notwithstanding Sections 8604 and 8605, the consent of a birth parent is not necessary in the following cases:
(a) Where the birth parent has been judicially deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and control of either or both birth parents pursuant to Part 4 (commencing with Section 7800) of Division 12 of this code, or Section 366.25 or 366.26 of the Welfare and Institutions Code, or (2) by a similar order of a court of another jurisdiction, pursuant to a law of that jurisdiction authorizing the order.
(b) Where the birth parent has, in a judicial proceeding in another jurisdiction, voluntarily surrendered the right to the custody and control of the child pursuant to a law of that jurisdiction providing for the surrender.
(c) Where the birth parent has deserted the child without provision for identification of the child.
(d) Where the birth parent has relinquished the child for adoption as provided in Section 8700.
(e) Where the birth parent has relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction pursuant to the law of that jurisdiction.”
(a) Where the birth parent has been judicially deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and control of either or both birth parents pursuant to Part 4 (commencing with Section 7800) of Division 12 of this code, or Section 366.25 or 366.26 of the Welfare and Institutions Code, or (2) by a similar order of a court of another jurisdiction, pursuant to a law of that jurisdiction authorizing the order.
(b) Where the birth parent has, in a judicial proceeding in another jurisdiction, voluntarily surrendered the right to the custody and control of the child pursuant to a law of that jurisdiction providing for the surrender.
(c) Where the birth parent has deserted the child without provision for identification of the child.
(d) Where the birth parent has relinquished the child for adoption as provided in Section 8700.
(e) Where the birth parent has relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction pursuant to the law of that jurisdiction.”
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.
