California
California Adoption Rights For Birth Parents
✅ REVOCATION PERIOD: 30 DAYS FOR ANY REASON ✅
In California, you have 30 days after signing consent to change your mind for any reason. This is a significant protection for birth parents.
During this 30-day period, you can simply file a written statement revoking your consent and requesting the return of your child. You do not need to prove fraud or duress.
Your child must be immediately returned to you if you revoke within this 30-day period.
⚠️ CAUTION: PRESSURE TO WAIVE YOUR REVOCATION RIGHTS ⚠️
California law allows you to waive your 30-day revocation period, making your consent immediately irrevocable.
Many agencies and prospective adoptive parents will pressure you to sign this waiver, often immediately after the signing of your consent (which cannot be taken until you are discharged from the hospital). They will be anxious to take your child permanently at this time and tell you things like "most women sign both the consent and the waiver together" but it is not in your best interest to do so. You are NEVER required to waive your revocation rights.
To waive your rights, you must sign in front of a judge (with independent legal counsel) or an adoption agency representative. Be extremely cautious about signing any waiver—it eliminates your 30-day period to change your mind.
Basic Information
As a new parent in California, your consent is required before your child can be adopted. Here are the key requirements:
- Your consent cannot be signed until after your child is born and you are discharged from the hospital
- Your consent must be in writing on a form prescribed by the Department of Social Services
- Your consent must clearly state that you understand it will become permanent and irrevocable 30 days after signing
- For independent adoptions, you must sign the consent in the presence of an authorized representative or a judge
California law provides specific timing requirements for consent:
- Your consent cannot be given until you are discharged from the hospital
California law requires that you be advised of your rights:
- You must be advised of your rights at least 10 days before signing consent
- This advisement must be in a face-to-face meeting where you can ask questions
- The advisement must cover alternatives to adoption, types of adoption, your rights and responsibilities, and your right to separate legal counsel
What to watch out for:
Agencies may try to rush through the advisement or claim "exigent circumstances" to bypass the 10-day waiting period. Be wary if:
- The advisement feels rushed or superficial
- You're not given a chance to ask questions
- Important rights—like your revocation period—aren't clearly explained
- The agency claims you need to hurry for any reason
- The waiver of revocation rights is presented as a routine or required document
Your protection: Ask for the advisement in writing. Take notes during the meeting. If you don't understand something, keep asking until you do. There's no legitimate reason to rush through this important step.
What California Law Claims:
- You are entitled to three separate counseling sessions (at least 50 minutes each)
- Sessions must be on different days
- You can "choose" your counselor
- Prospective adoptive parents can pay for this counseling at your request
The Troubling Reality:
This system contains built-in conflicts of interest designed to guide you toward relinquishment:
- Most agency-recommended counselors have financial relationships with adoption agencies
- Counselors paid by prospective adoptive parents have clear incentives to complete placements
- Many "counseling" sessions focus on adoption planning rather than exploring all your options
- These sessions often emphasize your "inability" to parent rather than identifying resources that could help you
- Most counselors minimize the lifelong grief many birth mothers experience
How To Protect Yourself:
- Insist on selecting your own counselor with no ties to adoption agencies
- Request a trauma-informed therapist specializing in pregnancy counseling, not adoption
- Be direct: ask the counselor if they've ever supported mothers who choose to parent
- Use sessions to explore ALL your options, including resources for parenting
- Request information about the documented emotional impacts of relinquishment
- Finding Genuine Support: Community mental health centers, women's resource centers, and university counseling programs often provide truly unbiased support that doesn't financially benefit from your decision to place your child.
- Remember: You have NO obligation to go through with an adoption, regardless of what you've signed before birth or how much the prospective parents have paid on your behalf.
California provides for legal representation:
- You have the right to separate legal counsel of your choice
- The prospective adoptive parents must pay for your attorney
The Reality Behind This "Protection"
This system is designed to appear fair while actually working against you. When prospective adoptive parents pay for your attorney, that attorney serves their interests—not yours. This is one of private infant adoption's most deceptive practices.
What You Should Know:
- Attorneys paid by adoptive parents have a financial incentive to complete the adoption
- Many will pressure you if you express doubts or want to keep your baby
- They often minimize your rights while emphasizing your "obligations"
- They rarely explain all your options outside of adoption
- Some may rush you through paperwork or discourage you from reading it carefully
Protecting Yourself:
- Request all documents in advance so you can review them without pressure
- Consider contacting local parent advocacy groups not affiliated with adoption agencies
- Bring a trusted friend or family member to all meetings
- Remember: You have NO obligation to go through with an adoption, regardless of what you've signed before birth
Protecting Your Rights
NEVER Waive Your Revocation Rights
California law allows you to waive your 30-day revocation period, but this is never in your best interest.
Why this is dangerous:
- Once you waive your revocation rights, your decision becomes immediately final and irrevocable
- You lose your 30-day period to process your emotions and reconsider your decision
- Agencies and adoptive parents often pressure new parents to sign waivers to "prove their commitment"
- You may be emotionally vulnerable after birth and not in the best state to make such a permanent decision as adoption
Your protection: Simply refuse to sign any waiver of your revocation rights. There is no legal requirement to sign a waiver, and doing so only benefits the agency and adoptive parents, not you. If someone is pressuring you to sign a waiver, this is a major red flag.
Important to know: California's 30-day revocation period is more generous than many states. Some states have shorter periods (like 10 days), some require you to prove fraud or duress, and some have no revocation period at all. This 30-day window is a significant protection for you as a new parent.
Beware of Post-Birth Pressure
While California law prevents consent before hospital discharge, there can still be pressure right after you leave the hospital.
Why this is problematic:
- You may still be recovering physically from childbirth
- Hormonal changes after birth can affect your emotional state and decision-making
- Agencies or prospective adoptive parents will want to secure your consent as soon as possible
Your protection: Remember that there is no rush. You can take time after hospital discharge to recover, bond with your baby, and consider your decision carefully. The law does not require you to sign immediately after discharge just because it's the earliest you can sign.
Steps to Protect Yourself
- NEVER sign a waiver of your revocation rights - This eliminates your most important protection
- Take all the time you need - California law does not rush you to make this decision
- Know your 30-day right to revoke - You can change your mind for any reason
- Keep copies of everything you sign - Documentation protects you
- Bring a supportive person to meetings - Having an advocate helps
- Consider all options - Explore resources for parenting before deciding. Adoption is a permanement solution to what is often a temporary situation
The Reality of Open Adoption Agreements
Critical Information About Open Adoption Agreements
Most new mothers choose adoption based on promises of ongoing contact with their child through an "open adoption agreement," but you need to understand the legal reality of these agreements in California.
- NOT legally enforceable in California - Despite what agencies may tell you, open adoption agreements are NOT legally enforceable in California
- No court enforcement - If adoptive parents decide to cut off contact, courts in California will not enforce your agreement
- High closure rate - Studies show that approximately 80% of open adoptions close partially or completely within 7 years after finalization
- No legal recourse - Once your parental rights are terminated, you have no legal standing to enforce visitation or contact
- Adoptive parents may become uncomfortable with birth parent contact
- Adoptive parents may move away, making visits difficult
- Adoptive parents may simply change their minds about openness
- Relationship dynamics can become complicated over time
- According to research by the Donaldson Adoption Institute, approximately 80% of open adoptions close or become significantly more closed within 7 years of finalization
- A longitudinal study by the University of Minnesota found that only 20% of birth parents maintained the level of openness initially agreed to over time
- Common reasons for closure include: adoptive parents' discomfort, geographical moves, changed perspectives on openness, and relationship complications
Do not base your decision to place your child for adoption on promises of ongoing contact. While many adoptive parents honor these agreements, they are not legally required to do so in California. Any promises of continued contact should be viewed as intentions rather than guarantees.
Important: Some states do have enforceable open adoption agreements, but California is not one of them. If ongoing contact is extremely important to you, you should take extended time to consider all your options besides adoption.
Additional Resources
Organizations That Can Help
- Saving Our Sisters - Advocacy and support for parents considering adoption
- Family Preservation Project - Resources for families facing separation
- CalWORKs - Cash aid and services for eligible families with children
- WIC (Women, Infants, and Children) - Nutrition assistance for pregnant women and young children
- CalFresh - Food assistance program
- Medi-Cal - Health coverage for low-income Californians
- TANF (Temporary Assistance for Needy Families) - Temporary financial assistance for families
- Section 8 Housing Choice Voucher Program - Rental assistance for low-income families
- Emergency Housing Assistance - Temporary shelter and housing programs
- California Housing Finance Agency - First-time homebuyer programs
- Transitional Housing Programs - Bridge housing for families working toward stability
- Legal Aid Organizations - Free legal services for qualifying individuals
- California Courts Self-Help Center - Resources for navigating the legal system
- Pro Bono Legal Services - Free legal consultation and representation
Remember: You Have Options
Many of the challenges that lead parents to consider adoption are temporary. Before making a permanent decision, explore all the resources available to help you and your child stay together.
No matter what anyone tells you, you are capable of parenting your child, and there are people and programs ready to support you.
This information is based on California Family Code § 8800-8823.
