1. (a) (Reserved)

2. (b) The agency shall accept a consent to adoption, signed in California, only on the form prescribed by the department.

   1. (1) When taking the consent, the agency shall not cover or delete the names of the adopting parents on the consent to adoption.
   2. (2) The signature of the agency on a properly completed and signed consent to adoption shall verify that the agency has determined that the consenting parent has the capacity to understand the nature, content, and effect of a consent to adoption.

   3. (3) When the child is not subject to the Indian Child Welfare Act, the following consent documents shall be used for taking the consent of:

      1. (A) The parent placing the child pursuant to Section 35094.2: AD 924.
      2. (B) A mother or presumed father not denying paternity: AD 1A.
      3. (C) A presumed father denying paternity: AD 165.
      4. (D) An alleged father not denying paternity: AD 594.
      5. (E) An alleged father denying paternity: AD 588.
      6. (F) An alleged father waiving right to further notice: AD 590.

   4. (4) When the child is subject to the Indian Child Welfare Act, the following consent documents shall be used for taking the consent of:

      1. (A) The parent placing the child pursuant to Section 35094.2: AD 925.
      2. (B) A mother or presumed father not denying paternity: AD 859.
      3. (C) A presumed father denying paternity: AD 860.
      4. (D) An alleged father not denying paternity: AD 861.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code and Section 8621, Family Code. Reference: Sections 3010, 8604, 8605, 8606, 8806 and 8814, Family Code; and 25 USC 1901 et seq.

History

1. New section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this regulation was delayed due to necessary reformatting (Register 88, No. 50). For history of former chapter 3, see Register 88, No. 1.

2. Change without regulatory effect amending section filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52)

3. Amendment of subsection (b)(2), new subsections (b)(3)-(b)(4)(D) and amendment of Note filed 12-29-94; operative 1-1-95 (Register 94, No. 52).

4. Editorial correction renumbering article 3 to 4 (Register 95, No. 6).

5. Editorial correction of History 3 (Register 95, No. 13).