(b) No agency shall place a child for adoption unless parental rights of all living parents who may have a potential legal claim to the child have been terminated, except as specified in this section, and documentation of such actions has been filed with and acknowledged by the department.(1) If the child is in the custody of a public agency or licensed adoption agency and all parents having a potential legal claim to the child are deceased, the agency shall file an action under Family Code Section 8705.(c) The parental rights of the mother and any father identified pursuant to Section 35128(d) shall be terminated by one of the following actions: (1) Relinquishment of the child to an agency.(2) Court action terminating parental rights.(3) Similar action taken in another state, country or territory to voluntarily or involuntarily terminate parental rights.(d) The agency shall identify all parents who may have a potential legal claim to the child. (1) Individuals who may have a potential legal claim to the child include the following: (B) Any person presumed to be the parent under Family Code section 7540, 7573, 7574, or 7611. 1. The court may find that more than two persons with a claim to parentage under the presumption of Family Code section 7612 are parents.(C) Any man alleged to be the natural father of the child.(D) Any man determined by the court to be the child's father.(2) If the mother or other individual identifies any possible father and has knowledge of his whereabouts, the agency shall attempt to contact and interview him as specified in Section 35129 unless: (A) A court has made a prior determination that the man is not the father and the agency has received no subsequent information to the contrary.(3) If the mother identifies the alleged natural father or he has been identified to the satisfaction of the court and he cannot be located, the agency shall take all of the following actions: (A) Inform the court that the alleged natural father cannot be located;(B) Petition the court to terminate the alleged natural father's parental rights pursuant to Family Code Sections 7662 and 7666, and(C) Request that the court dispense with the notice of the proceeding to the alleged natural father.(4) If the mother is unable or unwilling to identify the alleged natural father, the agency shall contact any appropriate persons in an effort to identify and locate him. (A) If the agency, through another source of information, identifies one or more alleged natural fathers, the agency shall inform the mother of the identity of the alleged natural father before petitioning the court to terminate the alleged natural father's parental rights.1. If the alleged natural father is identified after the inquiry and the mother confirms his identity, the procedures under this section shall be followed.2. If the alleged natural father remains unidentified, the agency shall petition the court to terminate his parental rights.(e) The agency may place the child for adoption when all of the following have occurred: (1) The parental rights of the mother and any identified fathers have been terminated meeting the requirements of Section 35128(c);(2) The parental rights of any presumed parent have not been terminated by their signing a relinquishment or by court action, but by signing a waiver of further notice of the adoption proceedings and the waiver has been filed with and receipt acknowledged by the department.(3) The parental rights of any alleged natural father have not been terminated by his signing a relinquishment or by court action but one of the following actions has been taken:(A) He has signed a waiver of further notice of the adoption proceedings and the waiver has been filed with and receipt acknowledged by the department.(B) He has signed a denial of paternity and the denial has been filed with and receipt acknowledged by the department.(C) He has received notification pursuant to Family Code Section 7664 and 7666 and no response is made within 30 days of either the service of such notice or the birth of the child, whichever is later.(4) An action under Family Code sections 7662 and 7666 to terminate the parental rights of an alleged natural father has been filed with the court: (A) The agency intends to place the child for adoption with a prospective adoptive parent assessed and approved by an agency, and(B) The agency administrator has approved the proposed placement.(5) The parental rights of a noncustodial parent have not been terminated, but all of the following conditions have been met:(A) Pursuant to Family Code Section 8604(b), one birth parent has been awarded custody by judicial order, or has custody by agreement of both parents, and the other birth parent for a period of one year fails to communicate with and to pay for the care, support, and education of the child when able to do so.(B) Pursuant to Family Code Section 8606, his or her agreement to the adoption is not necessary.(C) The noncustodial birth parent has been properly notified of a hearing under Family Code Section 8718 to finalize the adoption.(D) The birth parent having custody of the child relinquished the child to the agency or had his or her parental rights terminated by court action.(f) If a court action is brought and the court determines that the alleged natural father is the father, the agency shall not place the child for adoption unless the parental rights of this father have been terminated as specified in subsection (c) of this section.Cal. Code Regs. Tit. 22, § 35128
1. New article 2 (sections 35128-35151) and new section filed 7-30-98 as an emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day. For prior history of section 35128, see Register 88, No. 50.
2. New article 2 (sections 35128-35151) and new section refiled 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-24-98 order, including amendment of section and NOTE, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
4. New subsections (d)(1)-(d)(1)(D) and (e)(2), subsection renumbering and amendment of NOTE filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44). Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Section 1183, Civil Code; Sections 7500, 7501, 7576, 7577, 7611, 7612, 7630, 7660, 7661, 7662, 7663, 7664, 7665, 7666, 7669, 7802, 7807, 7808, 7820, 7821, 7822, 7823, 7824, 7825, 7826, 7827, 7890, 7892, 7893(b)(3), 8604, 8605, 8606 and 8700, Family Code; Sections 414.10, 415.30, 415.50, 417.10 and 417.20, Code of Civil Procedure; Sections 316 and 366.26, Welfare and Institutions Code; and 25 U.S.C. 1901 et seq.
1. New article 2 (sections 35128-35151) and new section filed 7-30-98 as an emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day. For prior history of section 35128, see Register 88, No. 50.
2. New article 2 (sections 35128-35151) and new section refiled 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 11-24-98 order, including amendment of section and Note, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
4. New subsections (d)(1)-(d)(1)(D) and (e)(2), subsection renumbering and amendment of Note filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).