California Relinquishment, Consent, Revocation laws

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.
  
  
• A married person may not adopt a child without the consent of the spouse.
  

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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• In agency adoption, consent is final and may only be rescinded by mutual consent, unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind.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.