Section 8601.5 Of Chapter 1. General Provisions From California Family Law Code >> Division 13. >> Part 2. >> Chapter 1.
8601.5
. (a) A court may issue an order of adoption and declare that
it shall be entered nunc pro tunc when it will serve public policy
and the best interests of the child, such as cases where adoption
finalization has been delayed beyond the child's 18th birthday due to
factors beyond the control of the prospective adoptive family and
the proposed adoptee.
(b) The request for nunc pro tunc entry of the order shall be
stated in the adoption request or an amendment thereto, and shall set
forth specific facts in support thereof.
(c) To the extent that a child's eligibility for any publicly
funded benefit program is or could be altered by the entry of an
order of adoption, the change in eligibility shall not be determined
as of the nunc pro tunc date, but shall be determined as of the date
of the adoption finalization hearing.
(d) The nunc pro tunc date shall not precede the date upon which
the parental rights of the birth parent or parents were initially
terminated, whether voluntarily or involuntarily.