§ 9003. — 9003. (Amended by Stats. 2011, Ch. 462, Sec. 8.)

California § 9003.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 13.: DIVISION 13. ADOPTION
• Part 2.: PART 2. ADOPTION OF UNMARRIED MINORS
• Ch. 5.: CHAPTER 5. Stepparent Adoptions

Text

(a)
In a stepparent adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk, probation officer, qualified court investigator, authorized representative of a licensed adoption agency, or county welfare department staff member of any county of this state. The petitioner, petitioner’s counsel, or person before whom the consent is signed shall immediately file the consent with the clerk of the court where the adoption request is filed. If the request has not been filed at the time the consent has been signed, the consent shall be filed simultaneously with the adoption request. Upon filing of the adoption request, the clerk shall immediately notify the probation officer or, at the option of
the board of supervisors, the county welfare department of that county.
(b)
If the birth parent of a child to be adopted is outside this state at the time of signing the consent, the consent may be signed before an authorized representative of an adoption agency licensed in the state or country where the consent is being signed, a notary, or other person authorized to perform notarial acts.
(c)
The consent, when reciting that the person giving it is entitled to sole custody of the child and when acknowledged before any authorized witness specified in subdivision (a), is prima facie evidence of the right of the person signing the consent to the sole custody of the child and that person’s sole right to consent.
(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 reason of the minority.

Legislative History

Amended by Stats. 2011, Ch. 462, Sec. 8. (AB 687) Effective January 1, 2012.