(a) A married person who is not lawfully separated from the person’s spouse may not be adopted without the consent of the spouse, provided that the spouse is capable of giving that consent.

(b) The consent of the parents of the proposed adoptee, of the department, or of any other person is not required.

Terms Used In California Family Code 9302

  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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