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West's Ann.Cal.Fam.Code § 7660.5
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West's Annotated California Codes Currentness
Family Code
Division 12. Parent and Child Relationship
Part 3. Uniform Parentage Act
Chapter 5. Termination of Parental Rights in Adoption Proceedings
§
7660.5. Waiver of right to notice by presumed father; adoption proceedings under
Indian Child Welfare Act
Notwithstanding
any other provision of law, a presumed father may waive the right to
notice of any adoption proceeding by executing a form developed by the
department before an authorized representative of the department, an
authorized representative of a licensed public or private adoption
agency, or a notary public or other person authorized to perform
notarial acts. The waiver of notice form may be validly executed before
or after the birth of the child, and once signed no notice,
relinquishment for, or consent to adoption of the child
shall
be required from the father for the adoption to proceed. This shall be
a voluntary and informed waiver without undue influence. If the child
is an Indian child as defined under the
Indian Child Welfare Act (ICWA),
any waiver of consent by an Indian presumed father shall be executed in
accordance with the requirements for voluntary adoptions set forth in
Section 1913 of Title 25 of the United States Code. The waiver shall
not affect the rights of any known federally recognized Indian tribe or
tribes from which the child or the presumed father may be descended to
notification of, or participation in, adoption proceedings as provided
by the
ICWA. Notice that the waiver has been executed shall be given to any known
federally recognized Indian tribe or tribes from which the child or the presumed father may be descended, as required by the
ICWA.
CREDIT(S)
2010
Electronic
Update
2008 Legislation
Stats.2008, c. 534 (S.B.1726), rewrote this section, which read:
"Notwithstanding
any other provision of law, if a presumed father waives the right to
notice pursuant to Section 7660 in writing by executing a form
developed by the department using existing resources before a notary
public or other person authorized to perform notarial acts, no notice,
relinquishment for, or consent to adoption of the child shall be
required from him for the adoption proceeding to proceed. This shall be
a voluntary and informed waiver without undue influence. If the child
is an Indian child as defined under the Indian Child Welfare Act
(ICWA), any waiver of consent by an Indian presumed father shall be
executed in accordance with the requirements for voluntary adoptions
set forth in Section 1913 of Title 25 of the United States Code. The
waiver shall not affect the rights of any known federally recognized
Indian
tribe
or tribes from which the child or the presumed father may be descended
to notification of, or participation in, adoption proceedings as
provided by the ICWA. Notice that the waiver has been executed shall be
given to any known federally recognized Indian tribe or tribes from
which the child or the presumed father may be descended, as required by
the ICWA."
West's Ann. Cal. Fam. Code § 7660.5, CA FAM § 7660.5
7th, and 8th Ex.Sess. laws; urgency legislation through Ch. 217 of the 2010
Reg.Sess.; and propositions on the 6/