FAMILY CODE SECTION 9100-9102
9100. (a) If a child adopted pursuant to the law of this state
shows evidence of a developmental disability or mental illness as a
result of conditions existing before the adoption to an extent that
the child cannot be relinquished to an adoption agency on the grounds
that the child is considered unadoptable, and of which conditions
the adoptive parents or parent had no knowledge or notice before the
entry of the order of adoption, a petition setting forth those facts
may be filed by the adoptive parents or parent with the court that
granted the adoption petition. If these facts are proved to the
satisfaction of the court, it may make an order setting aside the
order of adoption.
(b) The petition shall be filed within five years after the entry
of the order of adoption.
(c) The court clerk shall immediately notify the department at
Sacramento of the petition. Within 60 days after the notice, the
department shall file a full report with the court and shall appear
before the court for the purpose of representing the adopted child.
9101. (a) If an order of adoption is set aside as provided in
Section 9100, the court making the order shall direct the district
attorney, the county counsel, or the county welfare department to
take appropriate action under the Welfare and Institutions Code. The
court may also make any order relative to the care, custody, or
confinement of the child pending the proceeding the court sees fit.
(b) The county in which the proceeding for adoption was had is
liable for the child’s support until the child is able to support
himself or herself.
9102. (a) Except as provided in Section 9100, an action or
proceeding of any kind to vacate, set aside, or otherwise nullify an
order of adoption on any ground, except fraud, shall be commenced
within one year after entry of the order.
(b) Except as provided in Section 9100, an action or proceeding of
any kind to vacate, set aside, or nullify an order of adoption,
based on fraud, shall be commenced within three years after entry of
the order, or within 90 days of discovery of the fraud, whichever is
(c) In any action to set aside an order of adoption pursuant to
this section or Section 9100, the court shall first determine whether
the facts presented are legally sufficient to set aside the order of
adoption. If the facts are not legally sufficient, the petition
shall be denied. If the facts are legally sufficient, the court’s
final ruling on the matter shall take into consideration the best
interests of the child, in conjunction with all other factors
required by law.
(d) The department shall not be required under any circumstances
to investigate a petition filed pursuant to this section or to
represent a child who is the subject of a proceeding under this