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Section 8700.5 Of Chapter 2. Agency Adoptions From California Family Law Code >> Division 13. >> Part 2. >> Chapter 2.
8700.5
. (a) A relinquishing birth parent may elect to sign a waiver
of the right to revoke relinquishment in the presence of any of the
following:
(1) A representative of the department or the delegated county adoption agency, or any public adoption agency of another state.
(2) A judicial officer of a court of record, within or outside of California, if the birth parent is represented by independent legal counsel.
(3) An authorized representative of a licensed private adoption agency within or outside of California, including a representative of the adoption agency that witnessed or accepted the relinquishment, if the birth parent is represented by independent legal counsel.
(b) The waiver of the right to revoke relinquishment may not be signed until the department, delegated county adoption agency, or public adoption agency of another state has completed an interview, unless the waiver is signed in the presence of a judicial officer of a court of record of any state or an authorized representative of a private adoption agency licensed within or outside of California. If the waiver is signed in the presence of a judicial officer, the interview and witnessing of the signing of the waiver shall be conducted by the judicial officer. If the waiver is signed in the presence of an authorized representative of a licensed adoption agency, the interview shall be conducted by the independent legal counsel for the birth parent or parents, who shall:
(1) Review the waiver with the birth parent or parents.
(2) Counsel the birth parent or parents about the nature of the intended waiver.
(3) Sign and deliver to the birth parent or parents and the licensed adoption agency a certificate in substantially the following form:
(1) A representative of the department or the delegated county adoption agency, or any public adoption agency of another state.
(2) A judicial officer of a court of record, within or outside of California, if the birth parent is represented by independent legal counsel.
(3) An authorized representative of a licensed private adoption agency within or outside of California, including a representative of the adoption agency that witnessed or accepted the relinquishment, if the birth parent is represented by independent legal counsel.
(b) The waiver of the right to revoke relinquishment may not be signed until the department, delegated county adoption agency, or public adoption agency of another state has completed an interview, unless the waiver is signed in the presence of a judicial officer of a court of record of any state or an authorized representative of a private adoption agency licensed within or outside of California. If the waiver is signed in the presence of a judicial officer, the interview and witnessing of the signing of the waiver shall be conducted by the judicial officer. If the waiver is signed in the presence of an authorized representative of a licensed adoption agency, the interview shall be conducted by the independent legal counsel for the birth parent or parents, who shall:
(1) Review the waiver with the birth parent or parents.
(2) Counsel the birth parent or parents about the nature of the intended waiver.
(3) Sign and deliver to the birth parent or parents and the licensed adoption agency a certificate in substantially the following form:
