Termination of Parental Rights in Adoption Proceedings

Cal. FAM § 7662

California Statutes

(

a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having physical or legal custody of the child, or the prospective adoptive parent, shall file a petition to terminate the parental rights of the alleged father, unless one of the following occurs:

(1) The alleged father’s relationship to the child has been previously terminated or determined not to exist by a court.

(2) The alleged father has been served as prescribed in

Section with a written notice alleging that the alleged father is or could be the biological father of the child to be adopted or placed for adoption and has failed to bring an action for the purpose of declaring the existence of the father and child relationship pursuant to subdivision (

c) of

Section within days of service of the notice or the birth of the child, whichever is later.

(3) The alleged father has executed a written form developed by the department to waive notice, to deny parentage, relinquish the child for adoption, or consent to the adoption of the child. (

b) The alleged father may validly execute a waiver or denial of parentage before or after the birth of the child, and, once signed, no notice of, relinquishment for, or consent to adoption of the child shall be required from the alleged father for the adoption to proceed. (

c) Except as provided in this subdivision and subdivision (d), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with

Section 3000) to 11 (commencing with

Section 6500), inclusive,

Part 1 (commencing with

Section 7500) to

Part 3 (commencing with

Section 7600), inclusive, of this division, and

Part 1 (commencing with

Section 1400),

Part 2 (commencing with

Section 1500), and

Part 4 (commencing with

Section 2100) of Division of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to terminate parental rights under this

section is the only matter that may be heard during the stay until the court issues a final ruling on the petition. (

d) This

section does not limit the jurisdiction of the court pursuant to

Part 3 (commencing with

Section 6240) and

Part 4 (commencing with

Section 6300) of Division with respect to domestic violence orders, or pursuant to

Article 6 (commencing with

Section 300) of

Chapter of Part of Division of the Welfare and Institutions Code with respect to dependency proceedings.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 7662
Date2020-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM7662.201911595

Termination of Parental Rights in Adoption Proceedings

Cal. FAM § 7662

California Statutes

Termination of Parental Rights in Adoption Proceedings

Cal. FAM § 7662

California Statutes

(

a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or the person having physical or legal custody of the child, or the prospective adoptive parent, shall file a petition to terminate the parental rights of the alleged father, unless one of the following occurs:

(1) The alleged father’s relationship to the child has been previously terminated or determined not to exist by a court.

(2) The alleged father has been served as prescribed in

Section with a written notice alleging that the alleged father is or could be the biological father of the child to be adopted or placed for adoption and has failed to bring an action for the purpose of declaring the existence of the father and child relationship pursuant to subdivision (

c) of

Section within days of service of the notice or the birth of the child, whichever is later.

(3) The alleged father has executed a written form developed by the department to waive notice, to deny parentage, relinquish the child for adoption, or consent to the adoption of the child. (

b) The alleged father may validly execute a waiver or denial of parentage before or after the birth of the child, and, once signed, no notice of, relinquishment for, or consent to adoption of the child shall be required from the alleged father for the adoption to proceed. (

c) Except as provided in this subdivision and subdivision (d), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with

Section 3000) to 11 (commencing with

Section 6500), inclusive,

Part 1 (commencing with

Section 7500) to

Part 3 (commencing with

Section 7600), inclusive, of this division, and

Part 1 (commencing with

Section 1400),

Part 2 (commencing with

Section 1500), and

Part 4 (commencing with

Section 2100) of Division of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to terminate parental rights under this

section is the only matter that may be heard during the stay until the court issues a final ruling on the petition. (

d) This

section does not limit the jurisdiction of the court pursuant to

Part 3 (commencing with

Section 6240) and

Part 4 (commencing with

Section 6300) of Division with respect to domestic violence orders, or pursuant to

Article 6 (commencing with

Section 300) of

Chapter of Part of Division of the Welfare and Institutions Code with respect to dependency proceedings.

Document details

CollectionCalifornia Statutes
CitationCal. FAM § 7662
Date2020-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFAM7662.201911595
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