Section 8613.5 Of Chapter 1. General Provisions From California Family Law Code >> Division 13. >> Part 2. >> Chapter 1.
8613.5
. (a) (1) If it is impossible or impracticable for either
prospective adoptive parent to make an appearance in person, and the
circumstances are established by clear and convincing documentary
evidence, the court may, in its discretion, do either of the
following:
(A) Waive the personal appearance of the prospective adoptive
parent. The appearance may be made for the prospective adoptive
parent by counsel, commissioned and empowered in writing for that
purpose. The power of attorney may be incorporated in the adoption
petition.
(B) Authorize the prospective adoptive parent to appear by
telephone, videoconference, or other remote electronic means that the
court deems reasonable, prudent, and reliable.
(2) For purposes of this section, if the circumstances that make
an appearance in person by a prospective adoptive parent impossible
or impracticable are temporary in nature or of a short duration, the
court shall not waive the personal appearance of that prospective
adoptive parent.
(b) If the prospective adoptive parent is permitted to appear by
counsel, the agreement may be executed and acknowledged by the
counsel, or may be executed by the absent party before a notary
public, or any other person authorized to take acknowledgments
including the persons authorized by Sections 1183 and 1183.5 of the
Civil Code.
(c) If the prospective adoptive parent is permitted to appear by
counsel, or otherwise, the court may, in its discretion, cause an
examination of the prospective adoptive parent, other interested
person, or witness to be made upon deposition, as it deems necessary.
The deposition shall be taken upon commission, as prescribed by the
Code of Civil Procedure, and the expense thereof shall be borne by
the petitioner.
(d) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power of
attorney and deposition shall be filed in the office of the clerk of
the court.
(e) The provisions of this section permitting an appearance by
counsel or electronically pursuant to subparagraph (B) of paragraph
(1) of subdivision (a) are equally applicable to the spouse of a
prospective adoptive parent who resides with the prospective adoptive
parent outside this state.
(f) If, pursuant to this section, neither prospective adoptive
parent need appear before the court, the child proposed to be adopted
need not appear. If the law otherwise requires that the child
execute any document during the course of the hearing, the child may
do so through counsel.
(g) If none of the parties appear, the court may not make an order
of adoption until after a report has been filed with the court
pursuant to Section 8715, 8807, 8914, or 9001.