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HomeFamily CodeDiv. 13Pt. 2Ch. 3§ 8815 Adoption Consent Withdrawal Rules

§ 8815 Adoption Consent Withdrawal Rules

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

§ 8815 Adoption Consent Withdrawal Rules

Key Takeaways

  • •Once adoption is final, the new parents can't change their mind and give the child back.
  • •Before adoption is final, the birth parents can ask for the child back, and the child must go back to them right away unless a court says no.
  • •If the new parents think the birth parents might hurt the child, they can tell child welfare, but the child still has to go back unless a court stops it.

Example

A mom gives her baby to a couple to adopt. Before the adoption is final, she changes her mind and wants her baby back.

The couple must give the baby back to the mom right away. If they think the mom might hurt the baby, they can tell child welfare, but the baby still goes back unless a court says no.

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

Official Source
View on CA.gov

§ 8815 Adoption Consent Withdrawal Rules

(a) Once the revocable consent to adoption has become permanent as provided in Section 8814.5, the consent to the adoption by the prospective adoptive parents may not be withdrawn. (b) Before the time when the revocable consent becomes permanent as provided in Section 8814.5, the birth parent or parents may request return of the child. In that case the child shall immediately be returned to the requesting birth parent or parents, unless a court orders otherwise. (c) If the person or persons with whom the child has been placed have concerns that the birth parent or parents requesting return of the child are unfit or present a danger of harm to the child, that person or those persons may report their concerns to the appropriate child welfare agency. These concerns shall not be a basis for failure to immediately return the child, unless a court orders otherwise. (Amended by Stats. 2014, Ch. 763, Sec. 15. (AB 1701) Effective January 1, 2015.)

Last verified: January 21, 2026

Key Terms

revocable consentpermanentprospective adoptive parentsbirth parentcourt orders otherwise

Related Statutes

  • § 8801.7 Birth Parent Post-Placement Interview
  • § 8800 Attorney Conflict Of Interest
  • § 8801 Birth Parent Adoption Selection
  • § 8801.5 Birth Parent Adoption Rights
  • § 8810 Adoption Petition Investigation Fees

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 8815.
View Official Source