Cal. Code Regs. tit. 22, § 35145 – Identifying Information on the Relinquishment Document.

(a) The relinquishment document shall provide for identification of:
1. (1) The child's:
  1. (A) Name as identified on the birth certificate.
    1. 1. Any discrepancy between the name of the child on the relinquishment form and on the birth certificate shall be clarified by an affidavit, signed by the authorized representative of the agency who accepted the relinquishment of the child.
      1. (i) The affidavit shall be filed with the court when the court report and relinquishment form are filed.
      2. (ii) A copy of the affidavit shall be sent to the department when the certified copy of the relinquishment form is filed.
  2. (B) Sex.
  3. (C) Birthdate.
  4. (D) Place of birth.
2. (2) The name of the relinquishing parent.
3. (3) The agency's name, address, and telephone number.
4. (4) The name or names of the person or persons with whom the relinquishing parent intends that placement of the child for adoption be made by the agency, if the relinquishing parent chooses to name such person or persons.
  1. (A) If the relinquishing document does not provide for identification of the person or persons, the name or names shall be stated on the AD 922 signed by the relinquishing parent and attached to the relinquishment document, in which case neither page alone shall constitute a valid relinquishment.
    1. 1. A relinquishment document to which the AD 922 is attached shall include substantially the following statement: “This relinquishment document includes a second page that names the person or persons with whom I/we intend that the child be placed for adoption.”
(b) When the relinquishing parent does not name the person or persons with whom he or she intends that placement of the child for adoption be made by the agency and the child is not subject to the Indian Child Welfare Act, the following relinquishment document shall be used for taking the relinquishment of:
1. (1) A Mother or Presumed Father not Denying Paternity:
  1. (A) In California and signing relinquishment in presence of agency accepting relinquishment: AD 501.
  2. (B) In California and signing relinquishment in presence of an agency different from the one accepting the relinquishment: AD 503.
  3. (C) Not in California and not signing before military officer: AD 501A.
  4. (D) Not in California and signing before military officer: AD 504.
2. (2) A Presumed Father Denying Paternity:
  1. (A) In California and signing relinquishment in presence of agency accepting relinquishment: AD 585.
  2. (B) In California and signing relinquishment in presence of an agency different from the one accepting the relinquishment: AD 583.
  3. (C) Not in California: AD 584.
3. (3) An Alleged Father not Denying Paternity:
  1. (A) In California: AD 586.
  2. (B) Not in California and not signing before military officer: AD 591.
  3. (C) Not in California and signing before military officer: AD 593.
4. (4) An Alleged Father Denying Paternity: AD 588.
5. (5) An Alleged Father Waiving Right to Further Notice: AD 590.
(c) When the relinquishing parent does not name the person or persons with whom he or she intends that placement of the child for adoption be made by the agency and the child is subject to the Indian Child Welfare Act, the following relinquishment document shall be used for taking the relinquishment of:
1. (1) A Mother or Presumed Father not Denying Paternity:
  1. (A) In California and signing relinquishment in presence of agency accepting relinquishment: AB 864.
  2. (B) In California and signing relinquishment in presence of an agency different from the one accepting the relinquishment: AD 865.
  3. (C) Not in California: AD 863.
2. (2) A Presumed Father Denying Paternity:
  1. (A) In California and signing relinquishment in presence of agency accepting relinquishment: AD 866.
  2. (B) In California and signing relinquishment in presence of an agency different from the one accepting the relinquishment: AD 873.
  3. (C) Not in California: AD 867.
3. (3) An Alleged Father not Denying Paternity:
  1. (A) In California: AD 868.
  2. (B) Not in California: AD 862.
(d) When the relinquishing parent names the person or persons with whom he or she intends that placement of the child for adoption be made by the agency the following relinquishment document shall be used for taking the relinquishment of:
1. (1) A Mother or Presumed Father not Denying Paternity and not Subject to Indian Child Welfare Act:
  1. (A) In California and signing relinquishment in presence of agency accepting relinquishment: AD 921.
2. (2) An Alleged Father not Denying Paternity and not Subject to Indian Child Welfare Act:
  1. (A) In California: AD 920.
3. (3) An individual in all other relinquishment circumstances: The relinquishment document listed in Sections 35145(b) or (c) which is appropriate to the relinquishment parent's status and the AD 922.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Section 8621, Family Code. Reference: Section 8700, Family Code.

History

1. New section filed 3-9-90; operative 4-8-90 (Register 90, No. 13).

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

3. Repealer of subsection (b) and new subsections (a)(4)-(d)(3) filed 9-8-93; operative 10-7-93 (Register 93, No. 37).

4. Change without regulatory effect amending section and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).