PARENTAL CONSENT TO ADOPTION
State of California
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
Parental Consent to Adoption (“Consent”).
1.2 Parties
a. “Consenting Parent”: [FULL LEGAL NAME], residing at [ADDRESS].
b. “Adoptive Parent(s)”: [FULL LEGAL NAME(S)], residing at [ADDRESS].
c. “Child”: [FULL LEGAL NAME], born [DATE OF BIRTH] in [CITY/COUNTY], California.
1.3 Recitals
A. Consenting Parent is the [biological/legal] parent of the Child.
B. Adoptive Parent(s) desire to adopt the Child through an [Independent / Agency] adoption in accordance with California law.
C. Consenting Parent, having been offered counseling and having received the statutory advisements, wishes voluntarily and unequivocally to consent to the adoption of the Child by Adoptive Parent(s).
1.4 Effective Date
This Consent is effective upon the latest date of notarized execution below (“Effective Date”), provided execution occurs after the Child’s birth pursuant to Cal. Fam. Code § 8602.
1.5 Governing Law & Jurisdiction
This Consent shall be governed by and construed in accordance with the laws of the State of California. All proceedings arising under or relating to this Consent shall be heard exclusively in the [COUNTY] Superior Court – Family Division (the “Family Court”).
2. DEFINITIONS
“Agency Adoption” – An adoption facilitated through a licensed California adoption agency or county adoption agency under Cal. Fam. Code §§ 8700 et seq.
“Independent Adoption” – An adoption arranged directly between the Consenting Parent and the Adoptive Parent(s), subject to Cal. Fam. Code §§ 8800 et seq.
“Revocation Period” – The thirty (30) days following the Consenting Parent’s execution of this Consent, during which the Consenting Parent may revoke the Consent in an Independent Adoption pursuant to Cal. Fam. Code § 8814.5, unless such right is expressly waived herein.
“Counseling” – Statutorily required or offered pre-placement counseling provided by a licensed social worker, agency representative, or other qualified professional.
All other capitalized terms have the meanings assigned within this document.
3. OPERATIVE PROVISIONS
3.1 Grant of Consent
Consenting Parent hereby irrevocably (subject to Section 3.3) and unconditionally consents to the adoption of the Child by Adoptive Parent(s), relinquishing all parental rights, duties, and obligations except as expressly reserved by law.
3.2 Timing of Execution
This Consent shall not be signed prior to the birth of the Child. Any pre-birth execution shall be void ab initio under Cal. Fam. Code § 8602.
3.3 Revocation
a. Independent Adoption. Consenting Parent may revoke this Consent within the Revocation Period by executing a notarized written revocation and delivering it to the California Department of Social Services or to the clerk of the Family Court, unless the waiver in Subsection 3.3(c) applies.
b. Agency Adoption. Once the agency accepts the relinquishment, this Consent is irrevocable except with agency and court approval as provided by law.
c. Waiver. Consenting Parent may waive the Revocation Period by initialing the waiver block in Section 10. Such waiver must be contemporaneous with the execution of this Consent and is irrevocable once made.
3.4 Counseling Acknowledgment
Consenting Parent acknowledges that (i) counseling services have been offered, (ii) the statutory advisement of rights has been provided, and (iii) Consenting Parent [has accepted / voluntarily waives] further counseling.
3.5 Best Interests of the Child
Consenting Parent affirms that this Consent is executed in the Child’s best interests and without expectation of consideration other than the Child’s permanent placement with Adoptive Parent(s).
4. REPRESENTATIONS & WARRANTIES
4.1 Consenting Parent represents and warrants that:
a. Capacity. Consenting Parent is at least 18 years of age, not under guardianship, and competent to contract.
b. Sole Parental Rights. Consenting Parent holds the legal right to consent to the Child’s adoption and knows of no court order or pending proceeding that would preclude such consent.
c. No Duress or Undue Influence. Consent is given freely, knowingly, and voluntarily, without duress, coercion, or undue influence.
d. Indian Child Status. Consenting Parent has disclosed any reason to believe the Child is or may be an “Indian child” under 25 U.S.C. § 1903(4) (the Indian Child Welfare Act).
e. Complete Disclosure. All information provided to the Adoptive Parent(s) and/or agency regarding the Child’s medical and social history is true, complete, and accurate to the best of Consenting Parent’s knowledge.
4.2 Survival
The representations and warranties in this Section shall survive the execution and any revocation period and shall not merge into any adoption decree.
5. COVENANTS & RESTRICTIONS
5.1 Future Cooperation
Consenting Parent shall execute any additional documents reasonably required to effectuate the Child’s adoption.
5.2 Non-Interference
Except as permitted during an applicable Revocation Period, Consenting Parent shall not initiate or support any proceeding to annul, set aside, or otherwise challenge this Consent or the adoption.
5.3 Confidentiality
Consenting Parent shall maintain the confidentiality of all identifying information received about Adoptive Parent(s), except as required by law or court order.
5.4 Notice Obligations
Consenting Parent shall promptly notify Adoptive Parent(s) and, if applicable, the adoption agency of any legal action, investigation, or claim that could affect the adoption.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Filing of a false statement or material omission by Consenting Parent.
b. Failure to comply with the covenants in Section 5.
6.2 Notice & Cure
Upon written notice of default, the breaching party shall have ten (10) days to cure, where cure is legally permissible.
6.3 Remedies
a. Specific Performance. The non-breaching party may seek specific performance to enforce this Consent.
b. Injunctive Relief. The Family Court may issue injunctive relief to maintain the Child’s placement.
c. Attorneys’ Fees. The prevailing party in any enforcement action shall be entitled to reasonable attorneys’ fees and costs.
7. RISK ALLOCATION
7.1 Indemnification
Not applicable per Metadata.
7.2 Limitation of Liability
Not applicable per Metadata.
7.3 Insurance
No insurance requirements are imposed by this Consent.
7.4 Force Majeure
Placement and judicial proceedings are subject to delays or impossibility caused by acts of God, court closures, or other events beyond the parties’ control; such delay shall not constitute default.
8. DISPUTE RESOLUTION
8.1 Governing Law
California law shall govern, without regard to conflict-of-laws principles.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the [COUNTY] Superior Court – Family Division.
8.3 Arbitration
Arbitration is not available for matters governed by the Family Court’s exclusive jurisdiction.
8.4 Jury Trial Waiver
Family Court proceedings are non-jury by statute; no separate waiver is required.
8.5 Injunctive Relief
The Family Court retains authority to issue protective or placement-related injunctive relief as necessary for the Child’s best interests.
9. GENERAL PROVISIONS
9.1 Entire Agreement
This Consent constitutes the entire agreement of the parties concerning the subject matter and supersedes all prior or contemporaneous understandings.
9.2 Amendment
This Consent may be amended only by a written instrument signed by the Consenting Parent and, where required, acknowledged by the agency and/or Family Court.
9.3 Assignment
Rights and obligations hereunder are personal and may not be assigned.
9.4 Severability
If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to fulfill its intended purpose to the maximum extent permitted.
9.5 Counterparts & Electronic Signatures
This Consent may be executed in counterparts, each of which is deemed an original, and all of which constitute one instrument. Signatures transmitted by electronic means (e.g., DocuSign) shall be binding to the fullest extent permitted by California law.
10. EXECUTION BLOCK
10.1 Signature of Consenting Parent
I, [FULL LEGAL NAME], hereby execute this Consent freely and voluntarily on the date indicated below.
Signature of Consenting Parent
Date: _______
10.2 Waiver of Revocation (Independent Adoption Only – Optional)
[ ] By initialing here, I waive my right to revoke this Consent during the 30-day Revocation Period. I understand this waiver renders my Consent immediately irrevocable upon execution.
Initials: ___
10.3 Witness Attestation
The undersigned witnesses affirm that the Consenting Parent appeared before us, was personally known or satisfactorily proved identity, acknowledged understanding of this Consent, and signed it voluntarily.
Witness 1: _____ Date: _
Witness 2: _____ Date: _
10.4 Notary Acknowledgment
State of California }
County of ______ } ss.
On [DATE], before me, [NAME OF NOTARY], Notary Public, personally appeared [CONSENTING PARENT], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same.
Notary Public
My Commission Expires: __
10.5 Acceptance by Adoptive Parent(s) (Optional)
The undersigned Adoptive Parent(s) acknowledge receipt of this executed Consent and agree to proceed with the adoption in accordance with California law.
Adoptive Parent
Adoptive Parent
Date: _______
10.6 Agency Acceptance (Agency Adoption Only)
The undersigned authorized representative of [AGENCY NAME], a licensed California adoption agency, hereby accepts this Consent pursuant to Cal. Fam. Code § 8700 et seq.
Authorized Agency Representative
Title: ____
Date: ____
[// GUIDANCE:
1. Use official California Department of Social Services forms where mandated (e.g., AD 551, AD 800).
2. Verify the child’s eligibility under the Indian Child Welfare Act; additional federal forms may be required.
3. For minors giving consent (e.g., parent under 18), obtain court approval per Cal. Fam. Code § 8603.
4. File the executed Consent with the Family Court promptly; service and notice requirements vary by county.
5. Consider including a medical/social history attachment to meet disclosure obligations under Cal. Fam. Code § 8801.5.
// END GUIDANCE]