Consent from Birth Parent(s) in Independent Adoptions
0200-507.25 | Revision Date: 7/1/2014

Overview

This policy guide provides information on accepting a consent from the birth parent(s) in an Independent Adoption.

Table of Contents

Version Summary

This policy guide was updated from the 06/24/2010 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title of the policy has been changed from Accepting a Consent for an Independent Adoption.

POLICY

Role of Adoption Service Providers (ASPs)

Adoption service providers (ASPs) are required to advise and provide services to birth parent(s), except when the prospective adoptive parent(s) is:

  • An adult(s) who is related to the child or the child’s half sibling by blood or affinity.
    • This includes  all relatives whose status is preceded by the words “step,” “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
  • An adult(s) named in the will of a deceased parent as an intended adoptive parent(s) where the child has no other parent.
  • An adult who has been the child’s legal guardian for more than one (1) year or in the case of children who have been abandoned, an adult who has been the child’s legal guardian for more than six (6) months
    • If a parent(s) nominated the legal guardian for a purpose other than adoption, for a specific time period, or if the guardianship was established pursuant to WIC Section 360, the adult must have been the child’s legal guardian for at least three (3) years.

After providing services to the birth parent(s), the ASP sends the necessary forms along with a summary of his/her contacts with the birth parent(s) to the DCFS Adoption and Permanency Resources Division (APRD). These forms may include the:

  • AD 924, Independent Adoption Placement Agreement
  • AD 925, Independent Adoption Placement Agreement – Indian Child
  • AD 926, Statement of Understanding Independent Adoptions Program – Parent Who Places Child with the Prospective Adoptive Parent(s)
  • AD 927, Statement of Understanding Independent Adoptions Program – Parent of Indian Child Who Signs Independent Adoption Placement Agreement
  • AD 908, Adoptions Information Act Statement
  • AD 67, Information about the Birth Mother
  • AD 67A, Information about the Birth Father
  • AD 880, Declaration of Mother
  • AD 100, Authorization for Use and/or Disclosure of Information – Independent Adoption Program
  • Any reports about the birth parent(s) competency to sign an adoption placement agreement
  • Any documents relating to the determination of the child’s status as an Indian child

The DCFS APRD Unit is not required to repeat any of the duties of the ASP if documentation of his/her work has been received.

The APRD CSW witnesses the consent and the Statement of Understanding for birth parent(s) who do not have an Adoption Service Provider (ASP). This includes the birth parent(s) who have given physical custody of the child to the adoptive parents in situations where the ASP is not needed. It also includes presumed and alleged natural fathers who did not sign the Independent Adoption Placement Agreement (AD 924 or AD 925)

Before accepting a consent, all required assessments and required prerequisites for accepting a consent, including reviewing the Statement of Understanding with the parent, must be completed. If the APRD CSW is accepting a consent, the Statement of Understanding and the consent can be accepted during the initial interview with the birth parent, if appropriate.

For a child who falls under the provisions of the Indian Child Welfare Act (ICWA), refer to Adoption and Services for Children Under the Indian Child Welfare Act.

After a consent to the adoption is signed by the birth parent, the birth parent signing the consent has thirty (30) days to sign a waiver of the right to revoke consent.

PROCEDURE

APRD CSW Responsibilities

If this is an adoptive placement provided by an Adoption Service Provider (ASP), the ASP will:

  • Conduct all interviews.
  • Provide services needed for the birth parent(s).
  • Forward this information and any forms to DCFS when the adoption petition is filed.
  1. Interview the birth parent(s) as soon as fifty percent (50%) of the adoption fee has been paid unless:
    1. You are unable to locate the birth parent(s). If the birth parent(s) address is not listed on the petition or is initially unknown, interview the parent(s) as soon as this information is obtained.
    2. The birth parents have requested to be interviewed sooner.
  2. Meet with the birth parent(s) and obtain information regarding:
    • The child’s background
    • The birth parent(s) reasons for choosing adoption
    • The birth parent(s) attitude toward the adoption
  3. Ensure that the birth parent(s) voluntarily chose to place the child with the petitioner(s) for the purpose of adoption, and determine whether the child and adoptive family can benefit from adoption.
    1. If the birth parent(s) cannot demonstrate sufficient knowledge of all the elements of personal knowledge regarding the petitioner(s) contained in the Statement of Understanding, advise the birth parent(s) that consent to the adoption cannot be taken since an “adoptive placement,” as defined in law, has not taken place.
    2. Immediately report this information to the court.
  4. Provide the birth parent(s) with the AD 67, Information about the Birth Mother, and the AD 67A, Information about the Birth Father, to complete. Assist him/her in completing the forms as needed.
    1. If the birth mother is available, discuss her marital history and the name of the birth father or possible fathers.
    2. Provide the mother with the AD 880, Declaration of Mother, to complete.
    3. If one parent is not available, provide the other parent with the AD 67 or AD 67A to complete and obtain as must information as possible from him/her.
    4. If either parent cannot provide information about the other parent, ask the available parent if he/she is aware of other sources, such as relatives, that can provide this information.
  5. Ask the birth parent(s) whether the child is, or may be, a member of or eligible for membership in an Indian Tribe, or if the child has been identified as a member of an Indian organization.
    1. If the birth parent(s) report any possible Indian ancestry, refer to Adopting and Serving Children Under the Indian Child Welfare Act (ICWA).
      • Determination as to whether or not the child is, or may be an American Indian child must be made prior to witnessing the signing of a placement agreement.
  6. Ensure that the consenting birth parent(s) has the ability to understand the following:
    • The nature, content, and effect of signing the consent to adopt
    • Their right to revoke the consent or to sign an agreement waiving the right to revoke the consent.
  7. If the evaluation establishes that the birth parent(s) has the ability to understand the nature, content, and effect of signing a consent to adoption, sign the placement agreement within thirty (30) days of completion of the evaluation.
    • In cases where the court has appointed a conservator, the placement agreement can only be signed if the order of conservatorship specifically allows the birth parent to consent to adoption of his/her child.
  8. If it is determined that the birth parent(s) may not have the ability to understand the nature, content, and effect of signing a consent to adopt, refer the parent to a licensed physician or to a licensed clinical psychologies for an evaluation of the his/her competency. The following are indicators that there may be need for evaluation:
    • He/she is receiving SSI/SSP based on a mental illness or a developmental disability.
    • He/she is receiving or has received psychiatric treatment and/or medication for a mental illness or disease with the past two (2) years.
      • This does not include counseling related to placement of the child for adoption, the resolution of marital problems, or other similar- decision-making counseling.
  9. If the birth parent(s) is referred to a licensed physician or licensed clinical psychologist for evaluation, obtain written authorization from the parent for release of the evaluation by the physician or licensed clinical psychologist.
    1. Provide the parent and/or conservator with an AD 100, Authorization for Use and/or Disclosure of Information – Independent Adoption Program.
    2. Request a written evaluation from the attending physician or licensed psychologist.
  10. If the evaluation determines that the Department is unable to accept a consent, immediately report this information to court.
  11. Obtain the birth parent(s) authorization on the AD 100, Authorization for Use and/or Disclosure of Information – Independent Adoption Program, for the release of medical information and for the petitioners to obtain medical care and/or treatment of the child.
    1. Indicate in the space provided that the petitioner(s) and DCFS are authorized to receive the following reports:
      • Reports on the birth mother from the prenatal physician
      • Reports from the physician who delivered the child
      • Reports from the hospital in which the child was born, if available
    2. Request that the report include information regarding medications taken by the birth mother during pregnancy and complications of the pregnancy or delivery.
      • Obtain any other required information
  12. If it is not possible to obtain the birth mother or birth father’s authorization, request the court to authorize by court order that this information be obtained.
  13. Provide a copy of the AD 908, Adoptions Information Act Statement, to the birth parent(s) and give him/her the opportunity to complete and sign the statement.
    • Retain one (1) copy for the case record.
  14. Choose the appropriate Statement of Understanding for the birth parent(s) to sign:
    • AD 887, Statement of Understanding Independent Adoptions Program – Parent Who Gave Physical Custody (Custodial Parent) of the Child to the Prospective Adoptive Parent(s)
    • AD 887A, Statement of Understanding Independent Adoptions Program - Parent Who Did Not Give Physical Custody (Non-Custodial Parent) of the Child to the Prospective Adoptive Parent(s)
    • AD 887B, Statement of Understanding Independent Adoptions Program– Alleged Natural Father
  15. After the birth parent(s) has affirmed his/her understanding of the placement and consent process by reading and initialing each explanatory statement on the form:
    1. Obtain his/her signature on the Statement of Understanding.
    2. Sign the Statement of Understanding to certify that the birth parent’s signature has been properly witnessed.
  16. If the birth mother or presumed father is not in agreement with the adoption:
    1. Provide him/her with the AD 20, Refusal to Give Consent to Adoption, to complete.
    2. Immediately notify the petitioner’s attorney of record, the petitioner(s), and the court.
  17. If the alleged natural father is not in agreement with the adoption, provide him with the AD 20B, Refusal to Give Consent to Adoption – Alleged Natural Father, to complete.
    1. Explain that the petitioner(s) can petition the court to terminate his parental rights.
    2. Explain that he must get a court order that gives him physical custody of the child if he does not consent to the adoption and wants the child returned to him.
    3. Explain that he has the right to seek legal counsel.
    4. Immediately notify the petitioner’s attorney of record, the petitioner(s), and the court.
  18. If the parent(s) is not able to speak or read English, refer to Relinquishment Procedures and the Statement of Understanding.
  19. Explain to the birth parent(s) that if he/she signs the consent during the interview or has already signed consent, he/she can sign either a statement revoking the consent or a waiver of the right to revoke consent during the interview if he/she desires.
  20. Explain that he/she can file an appeal if DCFS fails or refuses to accept their consent after the following:
    • The hundred and eighty (180) day period or extension has passed; or
    • When DCFS consent is required, and DCFS fails or refuses to file or give consent after the full payment has been received.
  21. If any of the above-listed information or documentation is not available or was not obtained, document the missing information and the reasons why the information is not included in the case record and the court report.
  22. Document the results of the interviews, evaluations, and any areas of concern in the case record and final adoption court report.
  23. File the completed forms and received reports in the Adoptions Case Record.

APRD CSW Responsibilities

  1. Inform the birth parent(s) of how the child is adjusting to living with the petitioner(s), and discuss the suitability of the petitioner(s) to be an adoptive parent(s).
  2. Advise the birth parent(s) that he/she may, request all known information about the status of the child’s adoption, except for personal identifying information about the adoptive family. This includes, but is not limited to:
    • Whether the child has been placed for adoption.
    • The approximate date that an adoption was completed.
    • If the adoption was not completed, whether adoptive placement of the child is still being considered.
  3. Provide the mother and the presumed father who is not denying paternity, with the AD 1A, Parental Consent to Adoption (In California), to complete.
    1. Obtain the signature of the consenting parent(s) and sign and date the consent.
    2. If the presumed father does not wish to sign the consent or his whereabouts are unknown:
      1. Complete the DCFS/A I 30, Adoption of Children. Request that the petitioner(s) or the petitioner’s attorney make arrangements to have his parental rights terminated.
      2. Provide him with the AD 20, Refusal to Give Consent to Adoption, to sign if he wishes.
      3. Advise him to seek legal counsel or to request that the court appoint an attorney.
    3. If the child is an American Indian child, obtain the consent before a judge.
  4. If the presumed father denies he is the natural father, provide him with the AD 165, Presumed Father’s Consent to Adoption When Denying He is the Biological Father (In or Out of California) to sign.
  5. Within seven (7) calendar days, provide a copy of the signed consent to the:
    • Consenting parent
    • Attorney of record
    • Petitioner(s), if he/she is not represented by legal counsel
  6. Complete the DCFS/A I 30, Adoption of Children, and request the petitioner(s) or his/her attorney take appropriate legal action.
    • Advise the birth mother that the alleged natural father has several options to participate in adoption proceedings or to consent for adoption:

Birth Status of Child

Options for Alleged Natural Fathers

Before the birth of the child

Waive further notice of the adoption proceeding by signing an AD 590, Waiver of Right to Further Notice of Adoption Planning – Alleged Natural Father (In or Out of California)

Deny paternity by signing an AD 588, Denial of Paternity by Alleged Natural Father (In or Out of California)

After the birth of the child

Waive further notice of the adoption proceeding by signing an AD 590

Deny paternity by signing an AD 588

Consent to the adoption by signing an AD 594, Alleged Natural Father’s Consent to Adoption (In or Out of California), and AD 887B, Statement of Understanding – Alleged Natural Father

Complete Item 1 on the JV 505, Statement Regarding Paternity

By signing any of the forms listed above, the alleged natural father loses the right to contest the adoption. However, his parental rights to the child are not terminated and a court may determine that he is the child’s father and has child support and other obligations for the child. His parental rights to the child remain until the court issues the decree of adoption or a separate action to terminate his parental rights is taken.

APRD CSW Responsibilities

  1. After the mother has been medically discharged from the hospital, accept the mother’s consent to the adoption of the newborn.
  2. If the birth mother is hospitalized for more than five (5) days after the birth of the child, accept the mother’s consent after obtaining a written statement from the attending physician that the birth mother is competent to consent to the adoption of the child.
    1. Provide the mother with the AD 100, Authorization for Use and/or Disclosure of Information – Independent Adoption Program, to complete.
    2. Request a written evaluation from the attending physician or licensed psychologist
    3. Upon receipt of the evaluation, proceed, if appropriate, to either accept the consent  or to complete the Court Report.

APRD CSW Responsibilities

  1. Accept a consent from a birth parent who resides out-of-state once the following conditions have been met:
    1. The consent is notarized.
      • If the birth parent(s) who did not place the child for adoption is located out-of-state for an extended period of time unrelated to the adoption, the consent may be signed before a notary. In this case, DCFS consent is also necessary.
    2. The consent is properly completed on a California Department of Social Services (CDSS) form or another form that contains the same content as the forms prescribed by CDSS.
      • If the form is not a required form, obtain clarification about the acceptability of the form, as necessary, from CDSS.
      • Consent must be notarized unless it is signed in the presence of a DCFS representative, an authorized out-of-state agency representative, or a licensed social worker.
      • The birth parent can sign a waiver of right to revoke consent at the same time he or she signs the consent to adoption.
    3. The birth parent(s) has signed the AD 887, AD 887A, or AD 887B, after affirming his/her understanding of the consent process by reading and initialing each explanatory statement on the Statement of Understanding form and by having his/her signature notarized on the Statement of Understanding.
  2. If appropriate, complete the court report.

APRD CSW Responsibilities

If DCFS is unable to accept a consent or cannot locate the birth parent(s) to obtain a consent:

  1. Send the petitioner(s), his/her attorney, and the County Clerk’s Office a DCFS/A I 30, Adoption of Children, informing them that legal action is necessary to free the child from parental custody and control.
  2. Discuss with the SCSW and proceed as directed.

APRD SCSW Responsibilities

  1. Review the case record and documentation.
  2. Discuss being unable to accept consent from the birth parent(s) with the CSW.
  3. Keep the case open or close it with the appropriate court disposition recommendation.
  4. Return the case to the CSW for appropriate action.

APRD CSW Responsibilities

  1. If the consenting birth parent(s) is located out-of-state, initiate an Interstate Compact on the Placement of Children (ICPC) to request an out-of-state authorized adoption agency provide services that DCFS would provide if the parent were in California.
    1. If there is no authorized agency able to provide services to meet the required timelines in the other state:
      1. Send the consent directly to the consenting parent so that it can be signed and notarized;
      2. DCFS consent is also necessary.
    2. Send a copy of the signed consent to the:
      1. Consenting parent(s)
      2. Attorney of record in the adoption action, within seven (7) calendar days of receipt of the consent
      3. Petitioner(s), if he/she is not represented by legal counsel
  2. If the birth parent(s) who did not place the child for adoption is located out of the country.
    1. Ensure that his/her consent:
      1. Meets all California requirements; and
      2. Is signed before a representative of a U.S. Embassy or Consulate in the country where the birth parent is, or before a representative of the U.S. Section of an Embassy of a neutral country.
    2. Complete the DCFS/A I 24, Final Report for an Independent Adoption with a “conditional approval” pending acceptance by the court of the consent.
  3. If appropriate, complete the court report.

After the consent to an adoption is signed by the birth parent(s), he/she has thirty (30) days to sign a waiver of the right to revoke consent.  Once the waiver of the right to revoke consent is signed, consent cannot be revoked; however the parent has the right to withdraw his or her consent prior to the signing of the decree of adoption.  A parent of an American Indian child may not waive his or her right to revoke consent.

APRD CSW Responsibilities

  1. If the birth parent(s) wants to waive his/her right to revoke consent before the copy of the petition for adoption has been received and it is not being signed in the presence of a judicial officer of the court of record or an adoption service provider:
    1. Interview the birth parent(s).
    2. Provide him/her with the AD 929, Waiver of Right to Revoke Consent Independent Adoption Program, to complete.
  2. If the birth parent(s) wants to waive his/her right to revoke consent after a copy of the petition for adoption has been received:
    1. Interview the birth parent within ten (10) business days of his/her request.
    2. Provide him/her with the AD 929 to complete.
      • If a DCFS APRD Unit representative is not available to accept the signing of the waiver within ten (10) business days of the request, and the office is not located within one-hundred (100) miles of the birth parent(s), the birth parent(s) may sign the waiver in the presence of a judicial officer of the court of record or an ASP if the birth parent(s) is represented by independent legal counsel.
  3. If the birth parent(s) resides outside of California or is located outside of California for an extended period of time unrelated to the adoption, inform him/her that the witnessing of the signing of a waiver of the right to revoke consent may be conducted in the state where the birth parent(s) is located, by any of the following:
    • A representative of a public adoption agency in that state
    • A judicial officer in that state where the birth parent(s) is represented by independent legal counsel
    • An ASP who is licensed or certified as a clinical social worker in that state
  4. If appropriate, complete the court report.

APRD CSW Responsibilities

If within thirty (30) calendar days of accepting the signed consent, the mother or the presumed father wants to revoke consent and requests that the child is returned to him/her:

  1. Meet with the parent(s) to discuss the reasons for the request and his/her plan for the child.
    1. Provide the mother or the presumed father with the AD 928, Revocation of Consent Independent Adoption Program, to complete.
    2. Explain that the AD 928 or a written statement revoking consent must be returned to DCFS within thirty (30) calendar days of signing the original consent.
    3. Explain that if he/she wishes to reinstate the original consent after the revocation, he/she must submit a written notarized statement to DCFS reinstating the original consent.
      • If the birth parent(s) have not regained custody or the birth parent(s), have failed to make efforts to exercise his/her rights, he/she may sign a written notarized statement reinstating the original consent. The revocation will be void and the remainder of the original thirty (30) day period will continue.
      • If the birth parent(s) have regained custody or made efforts to exercise his/her rights by requesting the return of the child, a written notarized statement reinstating the original consent can be signed. The revocation will be void and a new thirty (30) day period will begin.
  2. Upon receipt of the signed AD 928, consult with the SCSW and proceed as directed.
  3. If there is no indication or assessment that the child will be in danger of abuse or neglect, if the birth parent(s) requests assistance, and if the ASP is not providing the service, assist birth parent(s) in returning the child.
    • If the birth parent(s) is known or is reasonably suspected to be unfit, or if he/she presents a danger to the child, immediately make a referral to the Child Protection Hotline (CPH).
  4. If the alleged natural father wishes to revoke his consent:
    • Inform him verbally and in writing that he must take court action to establish the father-and-child relationship before seeking return of the child.
    • Inform him that he has the right to seek legal counsel.
  5. Immediately complete the court report to recommend the denial of the petition in lieu of dismissal, and forward it to the SCSW for review.

APRD SCSW Responsibilities

  1. Review the court report, appropriate documentation and forms, and discuss any concerns with the CSW.
    1. If approved, sign and forward the court report to the Adoption Assistant (AA) to be filed with the court.
    2. If not approved, return to CSW for corrective action.
APPROVALS

SCSW Approval

  • Court Report
  • Review Case
HELPFUL LINKS

Forms

LA Kids

AD 67, Information about the Birth Mother (Spanish)

AD 67A, Information about the Birth Father (Spanish)

DCFS/A I 30, Letter to Attorney

DCFS/A I 401, Statement of Understanding Regarding Adoption Assistance Benefits

Accessible through the State of CDSS Forms Index link on LA Kids:

AD 1A, Parental Consent to Adoption (In California)

AD 20, Refusal to Give Consent to Adoption

AD 20B, Refusal to Give Consent to Adoption – Alleged Natural Father

AD 100, Authorization for Use and/or Disclosure of Information – Independent Adoption Program

AD 165, Presumed Father’s Consent to Adoption When Denying He is the Biological Father (In or Out of California)

AD 588, Denial of Paternity by Alleged Natural Father (In or Out of California)

AD 590, Waiver of Right to Further Notice of Adoption Planning – Alleged Natural Father (In or Out of California)

AD 594, Alleged Natural Father’s Consent to Adoption (In or Out of California)

AD 880, Declaration of Mother

AD 887, Statement of Understanding Independent Adoptions Program – Parent Who Gave Physical Custody (Custodial Parent) of the Child to the Prospective Adoptive Parent(s)

AD 887A, Statement of Understanding Independent Adoptions Program - Parent Who Did Not Give Physical Custody (Non-Custodial Parent) of the Child to the Prospective Adoptive Parent(s)

AD 887B, Statement of Understanding Independent Adoptions Program– Alleged Natural Father

AD 908, Adoptions Information Act Statement

AD 924, Independent Adoption Placement Agreement

AD 925, Independent Adoption Placement Agreement – Indian Child

AD 926, Statement of Understanding Independent Adoptions Program – Parent Who Places Child with the Prospective Adoptive Parent(s)

AD 927, Statement of Understanding Independent Adoptions Program – Parent of Indian Child Who Signs Independent Adoption Placement Agreement

CWS/CMS

JV 505, Statement Regarding Paternity

REFERENCED POLICY GUIDES

0100-525.10, Interstate Compact on the Placement of Children (ICPC)

0200-507.30, Court Reports for an Independent Adoption

0200-508.10, Relinquishment Procedures and the Statement of Understanding

1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)

STATUTES AND OTHER MANDATES

California Department of Social Services (CDSS) Adoptions Manual Section 35095-35122 – Summarizes the procedures for independent adoptions.

Family Code (FAM) Section 7540 – States that, except as provided in FAM Section 7541, the child of a wife cohabitating with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.

California Family Code Section 7573 – States that except as provided in Sections 7575, 7576, and 7577, a completed voluntary declaration of paternity, as described in Section 7574, that has been filed with the Department of Child Support Services shall establish the paternity of a child and shall have the same force and effect as a judgment for paternity issued by a court of competent jurisdiction. The voluntary declaration of paternity shall be recognized as a basis for the establishment of an order for child custody, visitation, or child support.

FAM Section 7611(a)(b)(1)(2)(c(1)(2)(d)(e)(f) – Summarizes when a man is presumed to be the natural father of a child.

California Family Code Section 8801(a) – States in part, that the selection of a prospective adoptive parent or parents shall be personally made by the child's birth parent or parents and may not be delegated to an agent. The act of selection by the birth parent or parents shall be based upon his, her, or their personal knowledge of the prospective adoptive parent or parents.

FAM Section 8806 – States that DCFS or a delegate county adoption agency must accept the consent of the birth parent(s) to the adoption of the child by the petitioner(s) and before filing a report with the court, must ascertain whether the child is a proper subject for adoption and whether the proposed home is suitable for the child.

FAM Section 8813 – States, in part, that DCFS must advise the birth parent signing the consent, verbally and in writing, that the birth parent may, at any time in the future, request all known information about the status of the child’s adoption, except for personal, identifying information about the adoptive family from the department or agency.

FAM Section 8814(c) – States that if the birth parent described in subdivision (a) is located outside California for an extended period of time unrelated to the adoption at the time of signing the consent, the consent may be signed before a notary or other person authorized to perform notarial acts. In these cases, the consent of the department or the delegated county adoption agency is also required.

FAM Section 8814.5 – Summarizes when a birth parent can revoke consent, including the actions that can be taken within thirty (30) days of signing a consent.

FAM Section 8820 – Summarized when a birth parent(s) or petitioner(s) may appeal.