Adoption: appeal of final determination.
AB 1105 will significantly affect the processes surrounding adoption in California. By establishing a clear right to appeal final determinations in adoption cases, it enhances the legal protection afforded to parents who may seek to contest an adoption. This change aims to provide a more structured legal avenue for parents concerned about the termination of their rights, reflecting a more judicial oversight in adoption matters.
Assembly Bill 1105, introduced by Assembly Member Patterson, seeks to amend Section 8617 of the Family Code, specifically addressing the rights of existing parents in adoption cases. The bill stipulates that once an adoption is finalized, existing parents are relieved of all parental duties and responsibilities towards the adopted child, unless a waiver is signed by both the existing parents and prospective adoptive parents prior to finalization. A significant addition under this bill is the provision allowing parties to appeal a final determination regarding parental rights in adoption, aligning this process with procedures used in juvenile court.
While AB 1105 seeks to modernize adoption law in California, it may also raise concerns among some stakeholders. Critics might argue that the potential for appeals could prolong the adoption process, complicating what is often an emotional and sensitive transition for all parties involved. Additionally, there may be apprehensions about the impact on the stability and finality of adoptions, which are essential for the welfare of the children involved.