California · Family Code

FAM §8705: (a) Where a child is in the custody of a public agency or licensed adoption agency, if it is established that the persons whose consent to the adoption is required by law are deceased, an action may b

What this law says, in plain English

When a child is in custody of a public or licensed adoption agency and required consenting persons are deceased, an action for adoption may be brought.

Read the full statutory text

(a) Where a child is in the custody of a public agency or licensed adoption agency, if it is established that the persons whose consent to the adoption is required by law are deceased, an action may be brought by the department, county adoption agency, or licensed adoption agency requesting the court to make an order establishing that the requesting agency has the right to custody and control of the child and the authority to place the child for adoption. The department, county adoption agency, or licensed adoption agency bringing the action shall give notice in the form prescribed by the court to all known relatives of the child up to and including the third degree of lineal or collateral consanguinity. (b) This section does not apply where a guardian of the person of the child has been appointed pursuant to nomination by a will.

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