California Family Code

§ 8606

FAM § 8606Div. 13 · Part 2 · Ch. 1

Statute text

Notwithstanding Sections 8604 and 8605, the consent of a birth parent is not necessary in the following cases:

(a)Where the birth parent has been judicially deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and control of either or both birth parents pursuant to Part 4 (commencing with Section 7800) of Division 12 of this code, or Section 366.25 or 366.26 of the Welfare and Institutions Code, or (2) by a similar order of a court of another jurisdiction, pursuant to a law of that jurisdiction authorizing the order.

(b)Where the birth parent has, in a judicial proceeding in another jurisdiction, voluntarily surrendered the right to the custody and control of the child pursuant to a law of that jurisdiction providing for the surrender.

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Legislative history

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.