CHILDREN AND THE LAW
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Dependency Petitions
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Selection & Implement. Hrg.
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Adoption as Preferred Perm. Plan
............Consent & Withdrawal (Mother)
7 Cards On This Topic:
Consent to adoption may not be withdrawn once consent permanent per Fam. Code §8814.5.
After birth parent signs consent to adoption; delivery, waiver of right to revoke; permanency.
Before relinquishment or adoption placement agreement, must ask if child is or may be a member of an Indian tribe or eligible or identified as member of tribe or organization.
FC 9102 applies to any action to set aside an adoption order on any grounds, including extrinsic fraud; FC 9102 does not violate DP, even where mother claimed order void for lack of notice and consent.
When natural mother executes refusal to consent form in independent adoption, best interests of child may not be considered. Child must be returned immediately.
Birth mother has absolute right to reclaim child within 6 months. After mother refuses to consent, child must be immediately returned to her pending outcome of prospective adoptive parents’ petitions.
Placing child for adoption found not to be abandonment. Abandonment defined.