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Marginalia
Code · California · Family Code

§ 8700.5

656 words·~3 min read·/ca/family-code/8700-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A relinquishing birth parent may elect to sign a waiver of the right to revoke relinquishment in the presence of any of the following:
(1)A representative of the department or the delegated county adoption agency, or any public adoption agency of another state.
(2)A judicial officer of a court of record, within or outside of California, if the birth parent is represented by independent legal counsel.
(3)An authorized representative of a licensed private adoption agency within or outside of California, including a representative of the adoption agency that witnessed or accepted the relinquishment, if the birth parent is represented by independent legal counsel.
(b)The waiver of the right to revoke relinquishment may not be signed until the department, delegated county adoption agency, or public adoption agency of another state has completed an interview, unless the waiver is signed in the presence of a judicial officer of a court of record of any state or an authorized representative of a private adoption agency licensed within or outside of California. If the waiver is signed in the presence of a judicial officer, the interview and witnessing of the signing of the waiver shall be conducted by the judicial officer. If the waiver is signed in the presence of an authorized representative of a licensed adoption agency, the interview shall be conducted by the independent legal counsel for the birth parent or parents, who shall:
(1)Review the waiver with the birth parent or parents.
(2)Counsel the birth parent or parents about the nature of the intended waiver.
(3)Sign and deliver to the birth parent or parents and the licensed adoption agency a certificate in substantially the following form:
“I, (name of attorney), have counseled my client, (name of client), about the nature and legal effect of the waiver of the right to revoke the relinquishment for adoption. I am so disassociated from the interest of the prospective adoptive parent(s) and the licensed adoption agency as to be in a position to advise my client impartially and confidentially as to the consequences of the waiver. My client is aware that California law provides an indeterminate period, usually 2 to 10 business days, during which a birth parent may revoke a relinquishment for adoption.
On the basis of this counsel, I conclude that it is the intent of my client to waive the right to revoke, and to make a permanent and irrevocable relinquishment for adoption. My client understands that upon signing this waiver, my client will not be able to regain custody of the child unless the prospective adoptive parent or parents agree to withdraw the petition for adoption or the court denies the adoption petition.”
(c)If the placing birth parent signs the waiver in front of a judicial officer or the department, the relinquishment shall become final and irrevocable at the time the waiver is signed. If the waiver is signed in the presence of an authorized representative of a private licensed adoption agency, the relinquishment shall become final and irrevocable at the close of the next business day after the relinquishment was signed, or at the close of the next business day after expiration of any holding period specified in writing, whichever is later.
(d)The licensed adoption agency shall submit the waiver and certificate to the department with the relinquishment, unless the relinquishment was submitted to the department before the waiver was signed, in which case the waiver and certificate shall be submitted to the department no later than two business days after signing.
(e)A waiver executed pursuant to this section shall be void if any of the following occur:
(1)The relinquishment is determined to be invalid.
(2)The relinquishment is revoked during any holding period specified in writing.
(3)The relinquishment is rescinded pursuant to Section 8700.
(f)This section does not limit the birth parent’s right to rescind the relinquishment pursuant to Section 8700.
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