One significant change proposed by SB 1109 is the increase in the maximum amount that prospective adoptive parents may be required to pay for the attorney fees of the birth parents. The bill raises this cap from $500 to $1,500, acknowledging the rising costs associated with legal representation. Additionally, the legislation seeks to provide greater clarity regarding the responsibilities of attorneys in adoption cases, reinforcing the necessity for transparency in the legal process and ensuring that birth parents understand their rights and options.
Senate Bill No. 1109, introduced by Senator Jackson, amends Section 8800 of the Family Code pertaining to adoption processes in California. The primary objective of the bill is to ensure that birth parents involved in adoption are represented by independent attorneys. This is crucial in protecting the legal interests of the birth parents, especially in cases where there may be a conflict of interest with attorneys representing prospective adoptive parents. The bill underscores the ethical obligations of attorneys, mandating that without written consent, a birth parent must have separate representation during adoption proceedings.
The bill's provisions aim to tackle potential conflicts of interest that may arise when one attorney represents both the birth parents and prospective adoptive parents. Opponents of the bill may argue that the increased attorney fees could impose a financial burden on prospective adoptive parents, especially in a system where adoption can already be costly. However, the protection of birth parents' rights and the assurance of independent legal advice is emphasized as a priority, reflecting the legislature's commitment to ethical standards in family law.