California Family Code 8606 – Notwithstanding Sections 8604 and 8605, the consent of a birth parent …
Notwithstanding Sections 8604 and 8605, the consent of a birth parent is not necessary in the following cases:
(a) Where the birth parent has been judicially deprived of the custody and control of the child (1) by a court order declaring the child to be free from the custody and control of either or both birth parents pursuant to Part 4 (commencing with Section 7800) of Division 12 of this code, or Section 366.25 or 366.26 of the Welfare and Institutions Code, or (2) by a similar order of a court of another jurisdiction, pursuant to a law of that jurisdiction authorizing the order.
Terms Used In California Family Code 8606
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Proceeding: includes an action. See California Family Code 110
(b) Where the birth parent has, in a judicial proceeding in another jurisdiction, voluntarily surrendered the right to the custody and control of the child pursuant to a law of that jurisdiction providing for the surrender.
(c) Where the birth parent has deserted the child without provision for identification of the child.
(d) Where the birth parent has relinquished the child for adoption as provided in Section 8700.
(e) Where the birth parent has relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction pursuant to the law of that jurisdiction.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)