West's Ann.Cal.Fam.Code § 7660.5

West's Annotated California Codes Currentness
Family Code
Division 12. Parent and Child Relationship
Part 3. Uniform Parentage Act
Chapter 5. Termination of Parental Rights in Adoption Proceedings

§ 7660.5. Waiver of right to notice by presumed father; adoption proceedings under Indian Child Welfare Act

Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by the department before an authorized representative of the department, an authorized representative of a licensed public or private adoption agency, or a notary public or other person authorized to perform notarial acts. The waiver of notice form may be validly executed before or after the birth of the child, and once signed no notice, relinquishment for, or consent to adoption of the child shall be required from the father for the adoption to proceed. This shall be a voluntary and informed waiver without undue influence. If the child is an Indian child as defined under the Indian Child Welfare Act (ICWA), any waiver of consent by an Indian presumed father shall be executed in accordance with the requirements for voluntary adoptions set forth in Section 1913 of Title 25 of the United States Code. The waiver shall not affect the rights of any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended to notification of, or participation in, adoption proceedings as provided by the ICWA. Notice that the waiver has been executed shall be given to any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended, as required by the ICWA.

CREDIT(S)

(Added by Stats.2004, c. 858 (S.B.1357), § 1. Amended by Stats.2008, c. 534 (S.B.1726), § 4.)

[FN1] See 25 U.S.C.A. § 1901 et seq.

HISTORICAL AND STATUTORY NOTES

2010 Electronic Update                                                          

2008 Legislation

Stats.2008, c. 534 (S.B.1726), rewrote this section, which read:

"Notwithstanding any other provision of law, if a presumed father waives the right to notice pursuant to Section 7660 in writing by executing a form developed by the department using existing resources before a notary public or other person authorized to perform notarial acts, no notice, relinquishment for, or consent to adoption of the child shall be required from him for the adoption proceeding to proceed. This shall be a voluntary and informed waiver without undue influence. If the child is an Indian child as defined under the Indian Child Welfare Act (ICWA), any waiver of consent by an Indian presumed father shall be executed in accordance with the requirements for voluntary adoptions set forth in Section 1913 of Title 25 of the United States Code. The waiver shall not affect the rights of any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended to notification of, or participation in, adoption proceedings as provided by the ICWA. Notice that the waiver has been executed shall be given to any known federally recognized Indian tribe or tribes from which the child or the presumed father may be descended, as required by the ICWA."

West's Ann. Cal. Fam. Code § 7660.5, CA FAM § 7660.5

Current with all 2009 Reg.Sess. laws; all 2009-2010 1st through 5th,            
7th, and 8th Ex.Sess. laws; urgency legislation through Ch. 217 of the 2010    
Reg.Sess.; and propositions on the 6/8/2010 ballot.                            

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