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FAMILY CODE SECTION 8600-8622

8600. An unmarried minor may be adopted by an adult as provided in
this part.

8600.5. Tribal customary adoption as defined in Section 366.24 of
the Welfare and Institutions Code and as applied to Indian Children
who are dependents of the court, does not apply to this part.

8601. (a) Except as otherwise provided in subdivision (b), a
prospective adoptive parent or parents shall be at least 10 years
older than the child.
(b) If the court is satisfied that the adoption of a child by a
stepparent, or by a sister, brother, aunt, uncle, or first cousin
and, if that person is married, by that person and that person’s
spouse, is in the best interest of the parties and is in the public
interest, it may approve the adoption without regard to the ages of
the child and the prospective adoptive parent or parents.

8601.5. (a) A court may issue an order of adoption and declare that
it shall be entered nunc pro tunc when it will serve public policy
and the best interests of the child, such as cases where adoption
finalization has been delayed beyond the child’s 18th birthday due to
factors beyond the control of the prospective adoptive family and
the proposed adoptee.
(b) The request for nunc pro tunc entry of the order shall be
stated in the adoption request or an amendment thereto, and shall set
forth specific facts in support thereof.
(c) To the extent that a child’s eligibility for any publicly
funded benefit program is or could be altered by the entry of an
order of adoption, the change in eligibility shall not be determined
as of the nunc pro tunc date, but shall be determined as of the date
of the adoption finalization hearing.
(d) The nunc pro tunc date shall not precede the date upon which
the parental rights of the birth parent or parents were initially
terminated, whether voluntarily or involuntarily.

8602. The consent of a child, if over the age of 12 years, is
necessary to the child’s adoption.

8603. (a) A married person, not lawfully separated from the person’
s spouse, shall not adopt a child without the consent of the spouse,
provided that the spouse is capable of giving that consent.
(b) The consent of the spouse shall not establish any parental
rights or responsibilities on the part of the consenting spouse
unless he or she has consented to adopt the child in a writing filed
with the court and is named in the final decree as an adoptive
parent. The court shall not name the consenting spouse as an adoptive
parent in the final decree unless the consenting spouse has filed a
written consent to adopt the child with the court and has an approved
adoption home study.
(c) The court may dispense with the consent of a spouse who cannot
be located after diligent search, or a spouse determined by the
court to lack the capacity to consent. A spouse for whom consent was
dispensed shall not be named as an adoptive parent in the final
decree.

8604. (a) Except as provided in subdivision (b), a child having a
presumed father under Section 7611 shall not be adopted without the
consent of the child’s birth parents, if living. The consent of a
presumed father is not required for the child’s adoption unless he
became a presumed father as described in Chapter 1 (commencing with
Section 7540) or Chapter 3 (commencing with Section 7570) of Part 2
of Division 12, or subdivision (a), (b), or (c) of Section 7611
before the mother’s relinquishment or consent becomes irrevocable or
before the mother’s parental rights have been terminated.
(b) If one birth parent has been awarded custody by judicial
order, or has custody by agreement of both parents, and the other
birth parent for a period of one year willfully fails to communicate
with, and to pay for, the care, support, and education of the child
when able to do so, then the birth parent having sole custody may
consent to the adoption, but only after the birth parent not having
custody has been served with a copy of a citation in the manner
provided by law for the service of a summons in a civil action that
requires the birth parent not having custody to appear at the time
and place set for the appearance in court under Section 8718, 8823,
8913, or 9007.
(c) Failure of a birth parent to pay for the care, support, and
education of the child for the period of one year or failure of a
birth parent to communicate with the child for the period of one year
is prima facie evidence that the failure was willful and without
lawful excuse. If the birth parent or parents have made only token
efforts to support or communicate with the child, the court may
disregard those token efforts.
(d) (1) If the birth mother of a child for whom there is not a
presumed father leaves the child in the physical care of a licensed
private adoption agency, in the physical care of a prospective
adoptive parent who has an approved preplacement evaluation or
private agency adoption home study, or in the hospital after
designating a licensed private adoption agency or an approved
prospective adoptive parent in a signed document, completed with a
hospital social worker, adoption service provider, licensed private
adoption agency worker, notary, or attorney, but fails to sign a
placement agreement, consent, or relinquishment for adoption, the
approved prospective adoptive parent or the licensed private adoption
agency may apply for, and the court may issue, a temporary custody
order placing the child in the care and custody of the applicant.
(2) A temporary custody order issued pursuant to this subdivision
shall include all of the following:
(A) A requirement that the applicant keep the court informed of
the child’s residence at all times.
(B) A requirement that the child shall not be removed from the
state or concealed within the state.
(C) The expiration date of the order, which shall not be more than
six months after the order is issued.
(3) A temporary custody order issued pursuant to this subdivision
may be voided upon the birth mother’s request to have the child
returned to her care and custody.

8605. A child not having a presumed father under Section 7611 may
not be adopted without the consent of the child’s mother, if living.

8606. 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.

8606.5. (a) Notwithstanding any other section in this part, and in
accordance with Section 1913 of the Indian Child Welfare Act (25
U.S.C. Sec. 1901 et seq.), consent to adoption given by an Indian
child’s parent is not valid unless both of the following occur:
(1) The consent is executed in writing at least 10 days after the
child’s birth and recorded before a judge.
(2) The judge certifies that the terms and consequences of the
consent were fully explained in detail in English and were fully
understood by the parent or that they were interpreted into a
language that the parent understood.
(b) The parent of an Indian child may withdraw his or her consent
to adoption for any reason at any time prior to the entry of a final
decree of adoption and the child shall be returned to the parent.
(c) After the entry of a final decree of adoption of an Indian
child, the Indian child’s parent may withdraw consent to the adoption
upon the grounds that consent was obtained through fraud or duress
and may petition the court to vacate such decree. Upon a finding that
such consent was obtained through fraud or duress, the court shall
vacate such decree and return the child to the parent, provided that
no adoption that has been effective for at least 2 years may be
invalidated unless otherwise permitted under state law.

8607. All forms adopted by the department authorizing the release
of an infant from a health facility to the custody of persons other
than the person entitled to custody of the child pursuant to Section
3010 and authorizing these other persons to obtain medical care for
the infant shall contain a statement in boldface type delineating the
various types of adoptions available, the birth parents’ rights with
regard thereto, including, but not limited to, rights with regard to
revocation of consent to adoption, and a statement regarding the
authority of the court under Part 4 (commencing with Section 7800) of
Division 12 to declare the child abandoned by the birth parent or
parents.

8608. (a) The department shall adopt regulations specifying the
form and content of the reports required by Sections 8706, 8817, and
8909. In addition to any other material that may be required by the
department, the form shall include inquiries designed to elicit
information on any illness, disease, or defect of a genetic or
hereditary nature.
(b) All county adoption agencies and licensed adoption agencies
shall cooperate with and assist the department in devising a plan
that will effectuate the effective and discreet transmission to
adoptees or prospective adoptive parents of pertinent medical
information reported to the department, county adoption agency, or
licensed adoption agency, upon the request of the person reporting
the medical information.

8609. (a) Any person or organization that, without holding a valid
and unrevoked license to place children for adoption issued by the
department, advertises in any periodical or newspaper, by radio, or
other public medium, that he, she, or it will place children for
adoption, or accept, supply, provide, or obtain children for
adoption, or that causes any advertisement to be published in or by
any public medium soliciting, requesting, or asking for any child or
children for adoption is guilty of a misdemeanor.
(b) Any person, other than a birth parent, or any organization,
association, or corporation that, without holding a valid and
unrevoked license to place children for adoption issued by the
department, places any child for adoption is guilty of a misdemeanor.

8609.5. An adoption request for the adoption of a nondependent
minor may be filed with the court in the county in which one of the
following applies:
(a) The petitioner resides.
(b) The child was born or resides at the time of filing.
(c) An office of the agency that placed the child for adoption is
located.
(d) An office of the department or a public adoption agency that
is investigating the petition is located.
(e) The county in which a placing birth parent or parents resided
when the adoptive placement agreement, consent, or relinquishment was
signed.
(f) The county in which a placing birth parent or parents resided
when the petition was filed.
(g) The county in which the child was freed for adoption.

8610. (a) The petitioners in a proceeding for adoption of a child
shall file with the court a full accounting report of all
disbursements of anything of value made or agreed to be made by them
or on their behalf in connection with the birth of the child, the
placement of the child with the petitioners, any medical or hospital
care received by the child’s birth mother or by the child in
connection with the child’s birth, any other expenses of either birth
parent, or the adoption. The accounting report shall be made under
penalty of perjury and shall be submitted to the court on or before
the date set for the hearing on the adoption petition, unless the
court grants an extension of time.
(b) The accounting report shall be itemized in detail and shall
show the services relating to the adoption or to the placement of the
child for adoption that were received by the petitioners, by either
birth parent, by the child, or by any other person for whom payment
was made by or on behalf of the petitioners. The report shall also
include the dates of each payment, the names and addresses of each
attorney, physician and surgeon, hospital, licensed adoption agency,
or other person or organization who received any funds of the
petitioners in connection with the adoption or the placement of the
child with them, or participated in any way in the handling of those
funds, either directly or indirectly.
(c) This section does not apply to an adoption by a stepparent
where one birth parent or adoptive parent retains custody and control
of the child.

8611. All court hearings in an adoption proceeding shall be held in
private, and the court shall exclude all persons except the officers
of the court, the parties, their witnesses, counsel, and
representatives of the agencies present to perform their official
duties under the law governing adoptions.

8612. (a) The court shall examine all persons appearing before it
pursuant to this part. The examination of each person shall be
conducted separately but within the physical presence of every other
person unless the court, in its discretion, orders otherwise.
(b) The prospective adoptive parent or parents shall execute and
acknowledge an agreement in writing that the child will be treated in
all respects as their lawful child.
(c) If satisfied that the interest of the child will be promoted
by the adoption, the court may make and enter an order of adoption of
the child by the prospective adoptive parent or parents.

8613. (a) If the prospective adoptive parent is commissioned or
enlisted in the military service, or auxiliary thereof, of the United
States, or of any of its allies, or is engaged in service on behalf
of any governmental entity of the United States, or in the American
Red Cross, or in any other recognized charitable or religious
organization, so that it is impossible or impracticable, because of
the prospective adoptive parent’s absence from this state, or
otherwise, to make an appearance in person, and the circumstances are
established by satisfactory evidence, the appearance may be made for
the prospective adoptive parent by counsel, commissioned and
empowered in writing for that purpose. The power of attorney may be
incorporated in the adoption petition.
(b) Where the prospective adoptive parent is permitted to appear
by counsel, the agreement may be executed and acknowledged by the
counsel, or may be executed by the absent party before a notary
public, or any other person authorized to take acknowledgments
including the persons authorized by Sections 1183 and 1183.5 of the
Civil Code.
(c) Where the prospective adoptive parent is permitted to appear
by counsel, or otherwise, the court may, in its discretion, cause an
examination of the prospective adoptive parent, other interested
person, or witness to be made upon deposition, as it deems necessary.
The deposition shall be taken upon commission, as prescribed by the
Code of Civil Procedure, and the expense thereof shall be borne by
the petitioner.
(d) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power of
attorney and deposition shall be filed in the office of the clerk of
the court.
(e) The provisions of this section permitting an appearance
through counsel are equally applicable to the spouse of a prospective
adoptive parent who resides with the prospective adoptive parent
outside this state.
(f) Where, pursuant to this section, neither prospective adoptive
parent need appear before the court, the child proposed to be adopted
need not appear. If the law otherwise requires that the child
execute any document during the course of the hearing, the child may
do so through counsel.
(g) Where none of the parties appears, the court may not make an
order of adoption until after a report has been filed with the court
pursuant to Section 8715, 8807, 8914, or 9001.

8613.5. (a) (1) If it is impossible or impracticable for either
prospective adoptive parent to make an appearance in person, and the
circumstances are established by clear and convincing documentary
evidence, the court may, in its discretion, do either of the
following:
(A) Waive the personal appearance of the prospective adoptive
parent. The appearance may be made for the prospective adoptive
parent by counsel, commissioned and empowered in writing for that
purpose. The power of attorney may be incorporated in the adoption
petition.
(B) Authorize the prospective adoptive parent to appear by
telephone, videoconference, or other remote electronic means that the
court deems reasonable, prudent, and reliable.
(2) For purposes of this section, if the circumstances that make
an appearance in person by a prospective adoptive parent impossible
or impracticable are temporary in nature or of a short duration, the
court shall not waive the personal appearance of that prospective
adoptive parent.
(b) If the prospective adoptive parent is permitted to appear by
counsel, the agreement may be executed and acknowledged by the
counsel, or may be executed by the absent party before a notary
public, or any other person authorized to take acknowledgments
including the persons authorized by Sections 1183 and 1183.5 of the
Civil Code.
(c) If the prospective adoptive parent is permitted to appear by
counsel, or otherwise, the court may, in its discretion, cause an
examination of the prospective adoptive parent, other interested
person, or witness to be made upon deposition, as it deems necessary.
The deposition shall be taken upon commission, as prescribed by the
Code of Civil Procedure, and the expense thereof shall be borne by
the petitioner.
(d) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power of
attorney and deposition shall be filed in the office of the clerk of
the court.
(e) The provisions of this section permitting an appearance by
counsel or electronically pursuant to subparagraph (B) of paragraph
(1) of subdivision (a) are equally applicable to the spouse of a
prospective adoptive parent who resides with the prospective adoptive
parent outside this state.
(f) If, pursuant to this section, neither prospective adoptive
parent need appear before the court, the child proposed to be adopted
need not appear. If the law otherwise requires that the child
execute any document during the course of the hearing, the child may
do so through counsel.
(g) If none of the parties appear, the court may not make an order
of adoption until after a report has been filed with the court
pursuant to Section 8715, 8807, 8914, or 9001.

8613.7. On and after January 1, 2014, the court shall provide to
any petitioner for adoption pursuant to this part a notice informing
him or her that he or she may be eligible for reduced-cost coverage
through the California Health Benefit Exchange established under
Title 22 (commencing with Section 100500) of the Government Code or
no-cost coverage through Medi-Cal. The notice shall include
information on obtaining coverage pursuant to those programs, and
shall be developed by the California Health Benefit Exchange.

8614. Upon the request of the adoptive parents or the adopted
child, a clerk of the superior court may issue a certificate of
adoption that states the date and place of adoption, the birthday of
the child, the names of the adoptive parents, and the name the child
has taken. Unless the child has been adopted by a stepparent or by a
relative, as defined in subdivision (c) of Section 8616.5, the
certificate shall not state the name of the birth parents of the
child.

8615. (a) Notwithstanding any other law, an action may be brought
in the county in which the petitioner resides for the purpose of
obtaining for a child adopted by the petitioner a new birth
certificate specifying that a deceased spouse of the petitioner who
was in the home at the time of the initial placement of the child is
a parent of the child.
(b) In an adoption proceeding, the petitioner may request that the
new birth certificate specify that a deceased spouse of the
petitioner who was in the home at the time of the initial placement
of the child is a parent of the child.
(c) The inclusion of the name of a deceased person in a birth
certificate issued pursuant to a court order under this section does
not affect any matter of testate or intestate succession, and is not
competent evidence on the issue of the relationship between the
adopted child and the deceased person in any action or proceeding.

8616. After adoption, the adopted child and the adoptive parents
shall sustain towards each other the legal relationship of parent and
child and have all the rights and are subject to all the duties of
that relationship.

8616.5. (a) The Legislature finds and declares that some adoptive
children may benefit from either direct or indirect contact with
birth relatives, including the birth parent or parents or an Indian
tribe, after being adopted. Postadoption contact agreements are
intended to ensure children of an achievable level of continuing
contact when contact is beneficial to the children and the agreements
are voluntarily entered into by birth relatives, including the birth
parent or parents or an Indian tribe, and adoptive parents. Nothing
in this section requires all of the listed parties to participate in
the development of a postadoption contact agreement in order for the
agreement to be entered into.
(b) (1) Nothing in the adoption laws of this state shall be
construed to prevent the adopting parent or parents, the birth
relatives, including the birth parent or parents or an Indian tribe,
and the child from voluntarily entering into a written agreement to
permit continuing contact between the birth relatives, including the
birth parent or parents or an Indian tribe, and the child if the
agreement is found by the court to have been entered into voluntarily
and to be in the best interests of the child at the time the
adoption petition is granted.
(2) The terms of any postadoption contact agreement executed under
this section shall be limited to, but need not include, all of the
following:
(A) Provisions for visitation between the child and a birth parent
or parents and other birth relatives, including siblings, and the
child’s Indian tribe if the case is governed by the Indian Child
Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(B) Provisions for future contact between a birth parent or
parents or other birth relatives, including siblings, or both, and
the child or an adoptive parent, or both, and in cases governed by
the Indian Child Welfare Act, the child’s Indian tribe.
(C) Provisions for the sharing of information about the child in
the future.
(3) The terms of any postadoption contact agreement with birth
relatives other than the child’s birth parent or parents shall be
limited to the sharing of information about the child, unless the
child has a preexisting relationship with the birth relative.
(c) At the time an adoption decree is entered pursuant to a
petition filed pursuant to Section 8714, 8714.5, 8802, 8912, or 9000,
the court entering the decree may grant postadoption privileges if
an agreement for those privileges has been entered into, including
agreements entered into pursuant to subdivision (f) of Section 8620.
The hearing to grant the adoption petition and issue an order of
adoption may be continued as necessary to permit parties who are in
the process of negotiating a postadoption agreement to reach a final
agreement.
(d) The child who is the subject of the adoption petition shall be
considered a party to the postadoption contact agreement. The
written consent to the terms and conditions of the postadoption
contact agreement and any subsequent modifications of the agreement
by a child who is 12 years of age or older is a necessary condition
to the granting of privileges regarding visitation, contact, or
sharing of information about the child, unless the court finds by a
preponderance of the evidence that the agreement, as written, is in
the best interests of the child. Any child who has been found to come
within Section 300 of the Welfare and Institutions Code or who is
the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code shall be
represented by an attorney for purposes of consent to the
postadoption contact agreement.
(e) A postadoption contact agreement shall contain the following
warnings in bold type:
(1) After the adoption petition has been granted by the court, the
adoption cannot be set aside due to the failure of an adopting
parent, a birth parent, a birth relative, an Indian tribe, or the
child to follow the terms of this agreement or a later change to this
agreement.
(2) A disagreement between the parties or litigation brought to
enforce or modify the agreement shall not affect the validity of the
adoption and shall not serve as a basis for orders affecting the
custody of the child.
(3) A court will not act on a petition to change or enforce this
agreement unless the petitioner has participated, or attempted to
participate, in good faith in mediation or other appropriate dispute
resolution proceedings to resolve the dispute.
(f) Upon the granting of the adoption petition and the issuing of
the order of adoption of a child who is a dependent of the juvenile
court, juvenile court dependency jurisdiction shall be terminated.
Enforcement of the postadoption contact agreement shall be under the
continuing jurisdiction of the court granting the petition of
adoption. The court may not order compliance with the agreement
absent a finding that the party seeking the enforcement participated,
or attempted to participate, in good faith in mediation or other
appropriate dispute resolution proceedings regarding the conflict,
prior to the filing of the enforcement action, and that the
enforcement is in the best interests of the child. Documentary
evidence or offers of proof may serve as the basis for the court’s
decision regarding enforcement. No testimony or evidentiary hearing
shall be required. The court shall not order further investigation or
evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by that inquiry and that
the inquiry will not disturb the stability of the child’s home to the
detriment of the child.
(g) The court may not award monetary damages as a result of the
filing of the civil action pursuant to subdivision (e) of this
section.
(h) A postadoption contact agreement may be modified or terminated
only if either of the following occurs:
(1) All parties, including the child if the child is 12 years of
age or older at the time of the requested termination or
modification, have signed a modified postadoption contact agreement
and the agreement is filed with the court that granted the petition
of adoption.
(2) The court finds all of the following:
(A) The termination or modification is necessary to serve the best
interests of the child.
(B) There has been a substantial change of circumstances since the
original agreement was executed and approved by the court.
(C) The party seeking the termination or modification has
participated, or attempted to participate, in good faith in mediation
or other appropriate dispute resolution proceedings prior to seeking
court approval of the proposed termination or modification.
Documentary evidence or offers of proof may serve as the basis for
the court’s decision. No testimony or evidentiary hearing shall be
required. The court shall not order further investigation or
evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interests of
the child may be protected or advanced only by that inquiry and that
the inquiry will not disturb the stability of the child’s home to the
detriment of the child.
(i) All costs and fees of mediation or other appropriate dispute
resolution proceedings shall be borne by each party, excluding the
child. All costs and fees of litigation shall be borne by the party
filing the action to modify or enforce the agreement when no party
has been found by the court as failing to comply with an existing
postadoption contact agreement. Otherwise, a party, other than the
child, found by the court as failing to comply without good cause
with an existing agreement shall bear all the costs and fees of
litigation.
(j) The Judicial Council shall adopt rules of court and forms for
motions to enforce, terminate, or modify postadoption contact
agreements.
(k) The court may not set aside a decree of adoption, rescind a
relinquishment, or modify an order to terminate parental rights or
any other prior court order because of the failure of a birth parent,
adoptive parent, birth relative, an Indian tribe, or the child to
comply with any or all of the original terms of, or subsequent
modifications to, the postadoption contact agreement, except as
follows:
(1) Prior to issuing the order of adoption, in an adoption
involving an Indian child, the court may, upon a petition of the
birth parent, birth relative, or an Indian tribe, order the parties
to engage in family mediation services for the purpose of reaching a
postadoption contact agreement if the prospective adoptive parent
fails to negotiate in good faith to enter into a postadoption contact
agreement, after having agreed to enter into negotiations, provided
that the failure of the parties to reach an agreement is not in and
of itself proof of bad faith.
(2) Prior to issuing the order of adoption, if the parties fail to
negotiate in good faith to enter into a postadoption contact
agreement during the negotiations entered into pursuant to and in
accordance with paragraph (1), the court may modify prior orders or
issue new orders as necessary to ensure the best interest of the
Indian child is met, including, but not limited to, requiring parties
to engage in further family mediation services for the purpose of
reaching a postadoption contact agreement, initiating guardianship
proceeding in lieu of adoption, or authorizing a change of adoptive
placement for the child.

8617. (a) Except as provided in subdivision (b), the existing
parent or parents of an adopted child are, from the time of the
adoption, relieved of all parental duties towards, and all
responsibility for, the adopted child, and have no right over the
child.
(b) The termination of the parental duties and responsibilities of
the existing parent or parents under subdivision (a) may be waived
if both the existing parent or parents and the prospective adoptive
parent or parents sign a waiver at any time prior to the finalization
of the adoption. The waiver shall be filed with the court.

8618. A child adopted pursuant to this part may take the family
name of the adoptive parent.

8619. The department shall adopt rules and regulations it
determines are reasonably necessary to ensure that the birth parent
or parents of Indian ancestry, seeking to relinquish a child for
adoption, provide sufficient information to the department, county
adoption agency, or licensed adoption agency so that a certificate of
degree of Indian blood can be obtained from the Bureau of Indian
Affairs. The department shall immediately request a certificate of
degree of Indian blood from the Bureau of Indian Affairs upon
obtaining the information. A copy of all documents pertaining to the
degree of Indian blood and tribal enrollment, including a copy of the
certificate of degree of Indian blood, shall become a permanent
record in the adoption files and shall be housed in a central
location and made available to authorized personnel from the Bureau
of Indian Affairs when required to determine the adopted person’s
eligibility to receive services or benefits because of the adopted
person’s status as an Indian. This information shall be made
available to the adopted person upon reaching the age of majority.

8619.5. Whenever a final decree of adoption of an Indian child has
been vacated or set aside or the adoptive parent voluntary consents
to termination of his or her parental rights to the child, a
biological parent or prior Indian custodian may petition for return
of custody and the court shall grant that petition unless there is a
showing, in a proceeding subject to the provisions of Section 1912 of
the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), that the
return of custody is not in the best interest of the child.

8620. (a) (1) If a parent is seeking to relinquish a child pursuant
to Section 8700 or execute an adoption placement agreement pursuant
to Section 8801.3, the department, county adoption agency, licensed
adoption agency, or adoption service provider, as applicable, shall
ask the child and the child’s parent or custodian whether the child
is, or may be, a member of, or eligible for membership in an Indian
tribe or whether the child has been identified as a member of an
Indian organization. The department, county adoption agency, licensed
adoption agency, or adoption service provider, as applicable, shall
complete the forms provided for this purpose by the department and
shall make this completed form a part of the file.
(2) If there is any oral or written information that indicates
that the child is, or may be, an Indian child, the department, county
adoption agency, licensed adoption agency, or adoption service
provider, as applicable, shall obtain the following information:
(A) The name of the child involved, and the actual date and place
of birth of the child.
(B) The name, address, date of birth, and tribal affiliation of
the birth parents, maternal and paternal grandparents, and maternal
and paternal great-grandparents of the child.
(C) The name and address of extended family members of the child
who have a tribal affiliation.
(D) The name and address of the Indian tribes or Indian
organizations of which the child is, or may be, a member.
(E) A statement of the reasons why the child is, or may be, an
Indian.
(3) (A) The department, county adoption agency, licensed adoption
agency, attorney for the prospective adoptive parents, or adoption
service provider shall send a notice, which shall include information
obtained pursuant to paragraph (2) and a request for confirmation of
the child’s Indian status, to any parent and any custodian of the
child, and to any Indian tribe of which the child is, or may be, a
member or eligible for membership. If any of the information required
under paragraph (2) cannot be obtained, the notice shall indicate
that fact.
(B) The notice sent pursuant to subparagraph (A) shall describe
the nature of the proceeding and advise the recipient of the Indian
tribe’s right to intervene in the proceeding on its own behalf or on
behalf of a tribal member relative of the child.
(b) The department shall adopt regulations to ensure that if a
child who is being voluntarily relinquished for adoption, pursuant to
Section 8700, is an Indian child, the parent of the child shall be
advised of his or her right to withdraw his or her consent and
thereby rescind the relinquishment of an Indian child for any reason
at any time prior to entry of a final decree of termination of
parental rights or adoption, pursuant to Section 1913 of Title 25 of
the United States Code.
(c) If a child who is the subject of an adoption proceeding after
being relinquished for adoption pursuant to Section 8700, is an
Indian child, the child’s Indian tribe may intervene in that
proceeding on behalf of a tribal member relative of the child.
(d) Any notice sent under this section shall comply with Section
180.
(e) If all prior notices required by this section have been
provided to an Indian tribe, the Indian tribe receiving those prior
notices is encouraged to provide notice to the department and to the
licensed adoption agency, county adoption agency, or adoption service
provider, not later than five calendar days prior to the date of the
hearing to determine whether or not the final adoption order is to
be granted, indicating whether or not it intends to intervene in the
proceeding required by this section, either on its own behalf or on
behalf of a tribal member who is a relative of the child.
(f) The Legislature finds and declares that some adoptive children
may benefit from either direct or indirect contact with an Indian
tribe. Nothing in the adoption laws of this state shall be construed
to prevent the adopting parent or parents, the birth relatives,
including the birth parent or parents, an Indian tribe, and the
child, from voluntarily entering into a written agreement to permit
continuing contact between the Indian tribe and the child, if the
agreement is found by the court to have been entered into voluntarily
and to be in the best interest of the child at the time the adoption
petition is granted.
(g) With respect to giving notice to Indian tribes in the case of
voluntary placements of Indian children pursuant to this section, a
person, other than a birth parent of the child, shall be subject to a
civil penalty if that person knowingly and willfully:
(1) Falsifies, conceals, or covers up by any trick, scheme, or
device, a material fact concerning whether the child is an Indian
child or the parent is an Indian.
(2) Makes any false, fictitious, or fraudulent statement,
omission, or representation.
(3) Falsifies a written document knowing that the document
contains a false, fictitious, or fraudulent statement or entry
relating to a material fact.
(4) Assists any person in physically removing a child from the
State of California in order to obstruct the application of
notification.
(h) Civil penalties for a violation of subdivision (g) by a person
other than a birth parent of the child are as follows:
(1) For the initial violation, a person shall be fined not more
than ten thousand dollars ($10,000).
(2) For any subsequent violation, a person shall be fined not more
than twenty thousand dollars ($20,000).

8621. The department shall adopt regulations regarding the
provision of adoption services by the department, county adoption
agencies, licensed adoption agencies, and other adoption service
providers, and shall monitor the provision of those services by
county adoption agencies, licensed adoption agencies, and other
adoption providers. The department shall report violations of
regulations to the appropriate licensing authority.
This section shall become operative on January 1, 1995.

8622. A licensed private adoption agency whose services are limited
to a particular target population shall inform all birth parents and
prospective adoptive parents of its service limitations before
commencing any services, signing any documents or agreements, or
accepting any fees.
This section shall become operative on January 1, 1995.