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Marginalia
Code · California · Family Code

§ 8801.5

464 words·~2 min read·/ca/family-code/8801-5

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

(a)Each birth parent placing a child for adoption shall be advised of their rights by an adoption service provider.
(b)The birth parent shall be advised of their rights in a face-to-face meeting in which the birth parent may ask questions and have questions answered, as provided by Section 8801.3.
(c)The department shall prescribe the format and process for advising birth parents of their rights, the content of which shall include, but not be limited to, the following:
(1)The alternatives to adoption.
(2)The alternative types of adoption, including a description of the full procedures and timeframes involved in each type.
(3)The full rights and responsibilities of the birth parent with respect to adoption, including the need to keep the department informed of the birth parent’s current address in case of a medical emergency requiring contact and of providing a full health history.
(4)The right to separate legal counsel paid for by the prospective adoptive parents upon the request of the birth parent, as provided for by Section 8800.
(5)The right to a minimum of three separate counseling sessions, each to be held on different days, to be paid for by the prospective adoptive parents upon the request of the birth parents, as provided for by subdivision (d).
(d)Each person advised pursuant to this section shall be offered at least three separate counseling sessions, to be held on different days. Each counseling session shall be not less than 50 minutes in duration. The counseling may be provided by the adoption service provider who informs the birth parent of their rights, or by another adoption service provider, or by a licensed psychotherapist, as defined by Section 1010 of the Evidence Code, as elected by the person, and after having been informed of these choices.
(e)The counselor owes a duty of care to the birth parent being counseled, similar to the duty of care established by a psychotherapist-patient relationship, regardless of who pays the fees of the counselor. A counselor shall not have a contractual relationship with the adoptive parents, an attorney for the adoptive parents, or any other individual or an organization performing any type of services for the adoptive parents and for which the adoptive parents are paying a fee, except as relates to payment of the birth parents’ fee.
(f)The advisement and counseling fees shall be paid by the prospective adoptive parents at the request of the birth parent.
(g)Failure to fulfill the duties specified in this section shall not be construed as a basis for setting aside the consent or the adoption, but may give rise to a cause of action for malpractice or negligence against those professionals or agencies serving as adoption service providers that are responsible for fulfilling the duties.
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