California Relinquishment, Consent, Revocation laws
Relinquishment - Consent - Time to Revoke
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California
Who Must Consent:
- The birth parents, if living.
- The parent having custody if the other parent:
- fails to communicate with and support the child and
- fails to respond to notice of adoption.
- fails to communicate with and support the child and
- A married person may not adopt a child without the consent of the spouse.
Consent of Adoptee:
A child 12 years or older must consent to the adoption.
When Parental Consent is Not Needed:
Parent has:
- Relinquished rights or had them terminated.
- Deserted the child.
- Willfully fails to contact or support the child for one year.
When Relinquishment Can Be Signed:
- In a direct placement, consent may only take place after the discharge of the birth mother from the hospital.
- Relinquishment to an agency can take place any time after the birth of the child.
How Relinquishment Must Be Signed:
- In a direct placement, consent must take place in the presence of an Adoption Service Provider or other delegated agent, who has advised the parents of their rights.
- In an agency adoption, a form is signed before 2 witnesses and acknowledged before an official of the agency.
Time for Revocation:
- In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request return of the child or sign a waiver of the right to revoke consent.
- In agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.
Adapted from materials prepared by the National Adoption Information Clearinghouse.
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