California Family Code

§ 8803

FAM § 8803 Effective Jan 1, 2023Div. 13 · Part 2 · Ch. 3

Statute text

(a)During the pendency of an adoption proceeding:

(1)The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption, or from the court with jurisdiction over the adoption proceeding.

(2)The child shall not be removed from the county of the petitioner’s residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court’s permission to the department or delegated county adoption agency responsible for the investigation of the proposed adoption. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the department or delegated county adoption agency. If the department or delegated county adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child’s best interest.

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Legislative history

Amended by Stats. 2022, Ch. 159, Sec. 6. (AB 2495) Effective January 1, 2023.