California Family Code

§ 8700

FAM § 8700 Effective Jan 1, 2020Div. 13 · Part 2 · Ch. 2

Statute text

(a)Either birth parent may relinquish a child to the department, county adoption agency, or licensed adoption agency for adoption by a written statement signed before two subscribing witnesses and acknowledged before an authorized official of the department, county adoption agency, or licensed adoption agency. The relinquishment, when reciting that the person making it is entitled to the sole custody of the child and acknowledged before the officer, is prima facie evidence of the right of the person making it to the sole custody of the child and the person’s sole right to relinquish.

(b)A relinquishing parent who is a minor has the right to relinquish a child for adoption to the department, county adoption agency, or licensed adoption agency, and the relinquishment is not subject to revocation by the relinquishing parent by reason of the minority, or because the parent or guardian of the relinquishing minor parent was not served with notice that the relinquishing minor parent relinquished the child for adoption, unless the relinquishing minor parent has previously provided written authorization to serve the relinquishing minor’s parent or guardian with that notice.

(c)If a parent resides outside this state and the other parent has relinquished the child for adoption pursuant to subdivision (a) or (d), the parent residing out of state may relinquish the child by a written statement signed before a notary on a form prescribed by the department, and previously signed by an authorized official of the department, county adoption agency, or licensed adoption agency that signifies the willingness of the department, county adoption agency, or licensed adoption agency to accept the relinquishment.

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Legislative history

Amended by Stats. 2019, Ch. 115, Sec. 119. (AB 1817) Effective January 1, 2020.