Are You Pregnant?

That is completely up to you! If you want to select the family, an ACAL attorney can refer you to a licensed California adoption agency with a variety of adoptive family profiles for your review. Prior to making a decision, the agency will give you the option to meet the family in person, talk to them on the phone, or communicate via email.

The idea of meeting the adoptive family might be a little intimidating or embarrassing for you to think about. However, once they actually meet the family, most expecting mothers feel extremely relieved and comforted to know who will be raising their child. After you have signed the final papers, you will take great comfort in knowing that your baby is getting excellent care from the people you hand-selected as parents.

However, some expecting mothers don't want to know the adoptive family's name or whereabouts. That is also your choice. In that case, the licensed adoption agency can accept your relinquishment and select a pre-approved family to parent your child. You still can and should be represented by independent legal counsel to ensure the protection of your rights.

Whether you choose to select the adoptive family or not, you have the right to set the guidelines as to the type of family for your child. For instance, you may want your child to be raised in a two-parent family, or in a home close to (or far away) from you. Whatever guidelines you provide will be honored in the selection of the family for your baby.

If you want to have contact with your child after the adoption, your ACAL attorney will negotiate and draft a post-adoption contact agreement with the adoptive family you have selected. California and some other states provide for legally-enforceable agreements if they are signed by all parties and filed with the court in the adoption file.

The majority of infant adoptions provide for some level of openness, from exchanging pictures and letters through an intermediary, to direct communication between you and the adoptive family. Of course, if you do not want any contact after the adoption, you are free to choose this option, as well. Only you can decide what is right for your life, and the life of your child.

An ACAL attorney can help you determine the amount and type of contact you want before you are matched with a potential adoptive family, to help make the best possible match. That way, you can request that the licensed adoption agency which assist you with the match only show you families who meet the criteria you have already established. However, your feelings about this may change with time. Your ACAL attorney is always ready to discuss your requests with the adoption agency and the adoptive family, and to help you negotiate a solid written agreement about future contact.

In an independent adoption, your name and signature will be on some of the paperwork given to the adoptive family. If you prefer to remain anonymous, then an agency adoption is your only option. The agency will then select the adoptive parents on your behalf, and your identifying information will not be disclosed to them. 

However, no matter what type of adoption you complete, it is always possible that the child could apply to the court at a future date and request that the adoption records be unsealed. It is also possible for laws to change so that adoption records could be opened without a court order. Finally, with DNA websites that are open to the public, the child may be able to identify biological parents or other close family members. This means that the child could potentially learn your identity and whereabouts.

Your ACAL attorney or adoption agency will encourage you to keep your address and contact information on file with the attorney's office or the agency. That way, if your child attempts to find you, the attorney or agency can contact you confidentially to ask you if you are interested in making contact with the child. Your response can then be confidentially conveyed to the child, whether you agree to contact or wish to refuse it.

The adoption agency, or the adoptive family's attorney, or both, are required by law to attempt contact with each man who might be the child’s biological father to give him notice of the adoption plan. The best scenario is for the agency social worker or an attorney to communicate directly with each potential father during an in-person meeting to discuss the situation. If the birth father is not willing to meet in person, the attorney can talk to him on the phone. Either way, the man will have the opportunity to state his feelings about the adoption plan and to ask questions about the process.

If the birth father does not object to the adoption, or doesn’t want to be involved in the case, he can sign a Waiver of Notice or a Denial of Paternity.  If he wants to be involved in the adoption plan, he can either sign the Waiver of Notice or the same consent or relinquishment documents that you will sign.  If he refuses to respond and takes no further action, his parental rights can be terminated by the court without notice after the child is born.

Even if you do not know the name or whereabouts of the alleged father, the adoptive family's attorney is required to search diligently for him and report the efforts of that search to the court. If the man cannot be located, the court will terminate his parental rights without notice to him.

Even if an alleged father objects to the adoption, he is rarely in a position to block the adoption from happening. This is true even if he wants to raise the child himself, or wants a family member to raise the child. An alleged biological father must take specific legal steps in a very timely fashion to establish and preserve his parental rights. In most cases, he cannot block the adoption unless he meets one of the strict legal requirements listed below:

1. You are married to him, or were married to him within 300 days of the child’s birth.

2. He has received the child into his home and has publicly acknowledged that the child as his own.

3. You and the birth father have both signed a Voluntary Declaration of Paternity to have him listed as the father on the child’s birth certificate. Hospital personnel often insist that you sign this form at the time of the child’s birth, but you are not required to do so and should NOT do so if you are planning to place the child for adoption.

4. Within a short time after he knew or should have known about the pregnancy, he has done everything possible to take care of you and the child, both emotionally and financially.

Except for the four circumstances listed above, the alleged biological father’s consent to the adoption is not required. Still, notice to him is always required, assuming we can locate him. And once he knows about the adoption, he does have the right to file a legal action to ask the court to stop the adoption. As a practical matter, however, most alleged fathers never take this step, even those who seem very adamant about preventing the adoption.

Even in the rare case where an alleged father files the legal paperwork on time, the great majority of these claims are denied because the man has not fulfilled his pre-birth responsibilities to the mother or to the child.  The court then allows the adoption to go forward without his consent and over his objection.

There are some exceptions and limitations to these rules, so it's vital for you to be represented by an attorney, and to give your attorney all known information about all potential birth fathers. Even if you are embarrassed about some of the the facts, or believe some information will be damaging to your case, telling the whole truth about the situation with the child's birth father helps your attorney to provide you with the very best legal advice and legal assistance regarding your adoption plan.

Legal authorities: Family Code Section 7660 et.seq.

Because each federally registered Native American tribe has legal rights relating to its children, you must inform  your attorney and the social worker of any possible Native American heritage in your family or the biological father’s family.  The attorney will then notify all possible tribes in which your child might be eligible for enrollment.  Each tribe will respond as to whether the child is eligible for enrollment.

If the child is not eligible for enrollment in any tribe, the adoption can go forward as planned. If the child is eligible for enrollment in one or more tribes, the adoption plan may require the consent of a tribe. 

Even if the tribe agrees to the adoption, the placement process and the timelines for changing your mind about the adoption are very different. You should discuss this carefully with your attorney to ensure that you have accurate information about your situation.

Be prepared to discuss your needs with your attorney, so you can receive appropriate legal advice as to which expenses may be legally paid by the agency or by the adoptive family. For more detailed information about which expenses may legally be reimbursed to you, CLICK HERE.

Contact one of the attorneys listed on this site! ACAL members are experienced adoption attorneys who will represent your interests. You are entitled to a lawyer of your own, and to counseling from a licensed therapist, at no expense to you.

If counseling will help you during this time, you may choose a counselor yourself, or your attorney can make recommendations based on where you are located. In fact, your attorney can advocate for you to receive all of the services to which you are entitled, whether that is from the licensed adoption agency who matched you with the family, the prospective adoptive family, or a public assistance program. 

For more information about the kind of assistance that may legally be provided to you as part of your adoption plan, CLICK HERE.

That depends! Every situation is unique, and you should discuss your legal rights with your ACAL attorney so the advice you receive is specific to the facts of your case. With that caveat, these are the laws that general apply to California adoption.

For independent adoptions, you have thirty calendar days after signing the consent to change your mind. However, if you signed a Waiver of the Right to Revoke Consent in front of a judge, your consent is immediately irrevocable, and you cannot change your mind. If you signed the Waiver in front of an Adoption Service Provider or a representative of the California Department of Social Services (CDSS), you can change your mind until the Waiver becomes final at the close of the next business day.

For agency adoptions, you have the right to change your mind and revoke the relinquishment until the earlier of:

1. Ten business days have passed since the adoption agency filed your relinquishment documents with CDSS; or

2. CDSS has issued a written Acknowledgement of the relinquishment documents.

There are some exceptions in agency adoptions, such as when the placing parent puts a “hold” on the relinquishment for a specific time period, or if the designated adoptive parents are unable or unwilling to finalize the adoption. Cases subject to the Indian Child Welfare Act also have different timelines for revocation of consent.

Each case is unique, so these general guidelines are just that – general. When it comes to your own adoption plan, your attorney can provide legal advice regarding each option available to you. Then you can confidently decide whether an agency adoption or independent adoption is right for you and your baby.

No matter which type of adoption you select, you have the legal right at any time prior to adoption finalization to ask about the status of the case. So if you are wondering whether your consent is final, or whether the adoption is final, please contact your attorney to answer your legal questions.

Again, this depends on what type of adoption plan you choose to make. Please consult with your ACAL attorney to receive correct legal advice about your specific situation.

As a general rule, what’s important to note is that under California law, nothing you sign prior to the child’s birth can legally obligate you to place your child for adoption with anyone!

California law also requires that you receive sample adoption placement forms before you ever sign the formal adoption papers. This gives you time to review the forms, ask the social worker any general questions you might have, and consult with your independent legal counsel.

You will be asked to complete some required state forms that provide the adoptive family with your medical and social history. These will probably include the Declaration of Mother (AD880), Information about Birth Mother (AD67) and Information About Birth Father (AD67A). If you have any Native American heritage, you will also complete the Parental Notification of Indian Status (ICWA 10(A) Form), which will be used to give notice to all possible tribes that may have an interest in the child.

You will sign some hospital forms at the time of the baby's discharge, to allow the child to go home with the adoptive parents. These are not the adoption consent forms, but are temporary placement forms to allow the adoptive parents to accept custody, obtain medical care, etc. 

After you have been discharged from the hospital, you may sign the formal adoption paperwork. In an independent adoption, that will be the Independent Adoption Placement Agreement (AD924), the Adoptions Information Act Statement (AD908), and the Statement of Understanding for Independent Adoptions (AD887 or a variation thereof).  For an agency adoption, you will sign a Relinquishment (usually an AD501), the Adoptions Information Act Statement (AD908) and the Statement of Understanding Agency Adoptions (usually an AD885).

All of the mandatory state forms mentioned above can be viewed on the California Department of Social Services’ website, at: http://www.dss.cahwnet.gov/cdssweb/PG164.htm#ad