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HomeFamily CodeDiv. 13Pt. 1§ 8545 Special Needs Adoption Eligibility

§ 8545 Special Needs Adoption Eligibility

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 8545 Special Needs Adoption Eligibility

Key Takeaways

  • •A 'special needs child' is one who can't or shouldn't go back to live with their parents. This is proven by court papers or a parent giving up their rights.
  • •The child must have something that makes it hard to find them a new family, like being part of a sibling group, being older, having a disability, or other reasons that make adoption tougher.
  • •The child usually needs financial help to be adopted. This is shown by trying and failing to find a family who will adopt them without money help, unless the child already has strong bonds with a foster family.

Example

A 5-year-old boy and his 3-year-old sister are taken away from their parents because their home is unsafe. The parents agree to give up their rights.

The kids are considered 'special needs' because they are siblings who should stay together, making it harder to find a family to adopt both. The state tries but can't find anyone to adopt them without financial help, so they qualify for adoption subsidy.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 8545 Special Needs Adoption Eligibility

“Special needs child” means a child for whom all of the following are true: (a) It has been determined that the child cannot or should not be returned to the parent’s home, as evidenced by a petition for termination of parental rights, a court order terminating parental rights, or a signed relinquishment. (b) The child has at least one of the following characteristics that is a barrier to adoption: (1) Adoptive placement without financial assistance is unlikely because of membership in a sibling group that should remain intact, or by virtue of race, ethnicity, color, language, age of three years or older, or parental background of a medical or behavioral nature that can be determined to adversely affect the development of the child. (2) Adoptive placement without financial assistance is unlikely because the child has a mental, physical, emotional, or medical disability that has been certified by a licensed professional competent to make an assessment and operating within the scope of that person’s profession. This paragraph shall also apply to children with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, including those determined to require out-of-home nonmedical care as described in Section 11464 of the Welfare and Institutions Code. (c) The need for adoption subsidy is evidenced by an unsuccessful search for an adoptive home to take the child without financial assistance, as documented in the case file of the prospective adoptive child. The requirement for this search shall be waived when it would be against the best interest of the child because of the existence of significant emotional ties with prospective adoptive parents while in the care of these persons as a foster child. (Amended by Stats. 2019, Ch. 115, Sec. 110. (AB 1817) Effective January 1, 2020.)

Last verified: January 21, 2026

Key Terms

adoptiondisabilityassistanceterminationmedicalmotionlicensefine

Related Statutes

  • § 7620 Assisted Reproduction Parentage Jurisdiction
  • § 8702 Birth Parent Health Disclosure
  • § 9201 Adoption Records Confidentiality
  • § 17400 Child Support Agency Duties
  • § 17450 Child Support Delinquency Collection

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 8545.
View Official Source