Skip to main content
Find a Lawyer

California Code, Family Code - FAM § 8802

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Any of the following adult persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:

(1) A person who is related to the child or the child's half sibling by blood or affinity, including all relatives whose status is preceded by the words “step,” “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.

(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.

(3) A person with whom a child has been placed for adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.

(4) A person who has been the child's legal guardian for more than one year.  However, if the guardian was nominated by a parent for a purpose other than adoption and for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for at least three years, unless parental rights have already been terminated.

(5) If the child is alleged to have been abandoned pursuant to Section 7822, a person who has been the child's legal guardian for more than six months.  The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with the adoption request.

(6) A person named in a court order terminating parental rights as the child's legal guardian or prospective adoptive parent.

(b) The court clerk shall immediately notify the department in Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.

(c) The adoption request shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption.  The omission of the allegation from the adoption request does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the adoption request.

(d) The caption of the adoption request shall contain the names of the petitioners, but not the child's name.  The body of the adoption request shall state the child's sex and date of birth and the name the child had before adoption.

(e) If the child is the subject of a guardianship petition, the adoption request shall so state and shall include the caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship.  The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption request.  The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.

(f) If the petitioner has entered into a postadoption contact agreement as set forth in Section 8616.5, the petitioner shall file the agreement, signed by the participating parties, with the court before the adoption is finalized.

(g) The order of adoption shall contain the child's adopted name and the name the child had before adoption.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - California Code, Family Code - FAM § 8802 - last updated January 01, 2025 | https://codes.findlaw.com/ca/family-code/fam-sect-8802/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard