Adoption FAQ

What are the rights of the birthfather under California law?

California law divides all actual or possible biological fathers into two categories; namely, presumed fathers and alleged fathers. The parental rights of an alleged father are significantly less than those of a presumed father. An alleged natural father does not need to affirmatively consent to an adoption in order to proceed with a placement, although his cooperation is important and should be obtained whenever possible.

When and how does a placing birthmother consent to an adoption placement under California law?

The birthmother cannot sign a legally binding consent to an adoption under California law until after her child is born. In addition, she is generally required to receive counseling before signing her consent. The consent form she signs varies depending on whether the adoption is an independent adoption or an agency adoption.

What are allowable and appropriate expenses of Birthmothers which may be paid or reimbursed under California law?

California law provides that it is a crime to condition the placement of a child for adoption on the payment of money. California does not make it unlawful to pay maternity connected medical expenses or necessary living expenses of the birthmother during the pregnancy and post-birth recovery periods. Typically prenatal support is limited to the last 3 months of pregnancy and post-birth support is limited to 2 to 6 weeks after delivery in a normal case, or 4 to 11 weeks after delivery in the case of a caesarean delivery. Allowable expenses under California law include medical expenses and may also include maternity clothing, as well as assistance with housing, food and transportation costs in appropriate cases.