Section 8820 Of Chapter 3. Independent Adoptions From California Family Law Code >> Division 13. >> Part 2. >> Chapter 3.
8820
. (a) The birth parent or parents or the petitioner may appeal
in either of the following cases:
(1) If for a period of 180 days from the date of paying 50 percent
of the fee, or upon the expiration of any extension of the period
granted by the court, the department or delegated county adoption
agency fails or refuses to accept the consent of the birth parent or
parents to the adoption.
(2) In a case where the consent of the department or delegated
county adoption agency is required by this chapter, if the department
or agency fails or refuses to file or give its consent to the
adoption after full payment has been received.
(b) The appeal shall be filed in the court in which the adoption
petition is filed. The court clerk shall immediately notify the
department or delegated county adoption agency of the appeal and the
department or agency shall, within 10 days, file a report of its
findings and the reasons for its failure or refusal to consent to the
adoption or to accept the consent of the birth parent or parents.
(c) After the filing of the report by the department or delegated
county adoption agency, the court may, if it deems that the welfare
of the child will be promoted by that adoption, allow the signing of
the consent by the birth parent or parents in open court or, if the
appeal is from the refusal of the department or delegated county
adoption agency to consent thereto, grant the petition without the
consent.
(d) This section shall become operative on October 1, 2008.