§ 8814. — 8814. (Amended by Stats. 2019, Ch. 115, Sec. 129.)

California § 8814.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 13.: DIVISION 13. ADOPTION
• Part 2.: PART 2. ADOPTION OF UNMARRIED MINORS
• Ch. 3.: CHAPTER 3. Independent Adoptions

Text

(a)
Except as provided in Section 7662, the consent of the birth parent or parents who did not place the child for adoption, as described in Section 8801.3, to the adoption shall be signed in the presence of an agent of the department or of a delegated county adoption agency on a form prescribed by the department. The consent shall be filed with the clerk of the appropriate superior court.
(b)
The consent described in subdivision (a), when reciting that the person giving it is entitled to the sole custody of the child and when acknowledged before that agent, is prima facie evidence of the right of the person making it to the sole custody of the child and that person’s sole right to
consent.
(c)
If the birth parent described in subdivision (a) is located outside this state for an extended period of time unrelated to the adoption at the time of signing the consent, the consent may be signed before a notary or other person authorized to perform notarial acts, and in that case the consent of the department or of the delegated county adoption agency is also necessary.
(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 the minor parent’s parent or guardian with that notice.

Legislative History

Amended by Stats. 2019, Ch. 115, Sec. 129. (AB 1817) Effective January 1, 2020.