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HomeFamily CodeDiv. 13Pt. 2Ch. 2§ 8704 Adoption Agency Child Custody

§ 8704 Adoption Agency Child Custody

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

§ 8704 Adoption Agency Child Custody

Key Takeaways

  • •The adoption agency is in charge of a child until the adoption is final. They can take the child back anytime before that.
  • •Only the people the agency picks to adopt the child can file the adoption papers.
  • •If the agency changes its mind about the adoption, they need the court’s permission to take the child back after the papers are filed.
  • •The court can still approve the adoption even if the agency says no, if it’s best for the child.

Example

A family is chosen by an agency to adopt a child. They file the adoption papers, but the agency later decides they don’t want this family to adopt the child anymore.

The agency can’t just take the child back—they have to ask the court first. The court will decide if the family can still adopt the child, even if the agency says no, as long as it’s good for the child.

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

Official Source
View on CA.gov

§ 8704 Adoption Agency Child Custody

(a) The department, county adoption agency, or licensed adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights is responsible for the care of the child, and is entitled to the exclusive custody and control of the child until an order of adoption is granted. Any placement for temporary care, or for adoption, made by the department, county adoption agency, or licensed adoption agency may be terminated in its discretion at any time before the granting of an order of adoption. In the event of termination of any placement for temporary care or for adoption, the child shall be returned promptly to the physical custody of the department, county adoption agency, or licensed adoption agency. (b) No petition may be filed to adopt a child relinquished to the department, county adoption agency, or licensed adoption agency or a child declared free from the custody and control of either or both birth parents and referred to the department, county adoption agency, or licensed adoption agency for adoptive placement, except by the prospective adoptive parents with whom the child has been placed for adoption by the department, county adoption agency, or licensed adoption agency. After the adoption petition has been filed, the department, county adoption agency, or licensed adoption agency may remove the child from the prospective adoptive parents only with the approval of the court, upon motion by the department, county adoption agency, or licensed adoption agency after notice to the prospective adoptive parents, supported by an affidavit or affidavits stating the grounds on which removal is sought. If the department, county adoption agency, or licensed adoption agency refuses to consent to the adoption of a child by the person or persons with whom the department, county adoption agency, or licensed adoption agency placed the child for adoption, the court may nevertheless order the adoption if it finds that the refusal to consent is not in the child’s best interest. (Amended by Stats. 2012, Ch. 35, Sec. 18. (SB 1013) Effective June 27, 2012.)

Last verified: January 21, 2026

Key Terms

exclusive custody and controlprospective adoptive parentsadoption petitioncourt approval

Related Statutes

  • § 8714.5 Relative Adoption Expedited Process
  • § 8718 Adoption Court Appearance Requirement
  • § 1600 Premarital Agreement Act
  • § 1601 Premarital Agreement Effective Date
  • § 1610 Premarital Agreement Definitions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 8704.
View Official Source