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HomeFamily CodeDiv. 13Pt. 2Ch. 5§ 9005 Stepparent Adoption Consent Withdrawal

§ 9005 Stepparent Adoption Consent Withdrawal

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

§ 9005 Stepparent Adoption Consent Withdrawal

Key Takeaways

  • •A birth parent can't just take back their okay for a stepparent adoption—they need a judge to say it's fine.
  • •The birth parent has to write down why they changed their mind and give it to the court without paying a fee.
  • •The court will check what’s best for the kid—like how close they are to the stepparent or birth parent, and if the birth parent can take good care of them.
  • •If the judge says no to taking back the okay, the adoption keeps going. If they say yes, the adoption stops.

Example

A mom agrees to let her new husband adopt her 5-year-old kid. But a month later, she changes her mind because she and her husband are fighting a lot.

She has to ask the court to let her take back her okay. The court will check if it’s really better for the kid to stop the adoption—like if the kid is already close to the stepdad or if the mom can take care of the kid well. If the judge says yes, the adoption stops. If not, it keeps going.

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

Official Source
View on CA.gov

§ 9005 Stepparent Adoption Consent Withdrawal

(a) Consent of the birth parent to the adoption of the child through a stepparent adoption may not be withdrawn except with court approval. Request for that approval may be made by motion, or a birth parent seeking to withdraw consent may file with the clerk of the court where the adoption petition is pending, a petition for approval of withdrawal of consent, without the necessity of paying a fee for filing the petition. The petition or motion shall be in writing, and shall set forth the reasons for withdrawal of consent, but otherwise may be in any form. (b) The court clerk shall set the matter for hearing and shall give notice thereof to the probation officer, qualified court investigator, or county welfare department, to the prospective adoptive parent, and to the birth parent or parents by certified mail, return receipt requested, to the address of each as shown in the proceeding, at least 10 days before the time set for hearing. (c) The probation officer, qualified court investigator, or county welfare department shall, before the hearing of the motion or petition for withdrawal, file a full report with the court and shall appear at the hearing to represent the interests of the child. (d) At the hearing, the parties may appear in person or with counsel. The hearing shall be held in chambers, but the court reporter shall report the proceedings and, on court order, the fee therefor shall be paid from the county treasury. If the court finds that withdrawal of the consent to adoption is reasonable in view of all the circumstances and that withdrawal of the consent is in the child’s best interest, the court shall approve the withdrawal of the consent. Otherwise the court shall withhold its approval. Consideration of the child’s best interest shall include, but is not limited to, an assessment of the child’s age, the extent of bonding with the prospective adoptive parent, the extent of bonding or the potential to bond with the birth parent, and the ability of the birth parent to provide adequate and proper care and guidance to the child. If the court approves the withdrawal of consent, the adoption proceeding shall be dismissed. (e) A court order granting or withholding approval of a withdrawal of consent to an adoption may be appealed in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court. (Amended by Stats. 2001, Ch. 893, Sec. 8. Effective January 1, 2002.)

Last verified: January 21, 2026

Key Terms

adoptionpetitionprobationconsiderationhearingmotionportability

Related Statutes

  • § 7950 Foster Care Relative Placement
  • § 7662 Father'S Rights Termination
  • § 9000.5 Stepparent Adoption Procedures
  • § 6402 Enforcing Foreign Protection Orders
  • § 8715 Adoption Agency Court Report

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 9005.
View Official Source