SECTIONS 9210-9212 - California Statutes

FAMILY.CODE

SECTION 9210-9212

9210. (a) Except as otherwise provided in subdivisions (b) and (c),
a court of this state has jurisdiction over a proceeding for the
adoption of a minor commenced under this part if any of the following
applies:
(1) Immediately before commencement of the proceeding, the minor
lived in this state with a parent, a guardian, a prospective adoptive
parent, or another person acting as parent, for at least six
consecutive months, excluding periods of temporary absence, or, in
the case of a minor under six months of age, lived in this state with
any of those individuals from soon after birth and there is
available in this state substantial evidence concerning the minor's
present or future care.
(2) Immediately before commencement of the proceeding, the
prospective adoptive parent lived in this state for at least six
consecutive months, excluding periods of temporary absence, and there
is available in this state substantial evidence concerning the minor'
s present or future care.
(3) The agency that placed the minor for adoption is located in
this state and both of the following apply:
(A) The minor and the minor's parents, or the minor and the
prospective adoptive parent, have a significant connection with this
state.
(B) There is available in this state substantial evidence
concerning the minor's present or future care.
(4) The minor and the prospective adoptive parent are physically
present in this state and the minor has been abandoned or it is
necessary in an emergency to protect the minor because the minor has
been subjected to or threatened with mistreatment or abuse or is
otherwise neglected.
(5) It appears that no other state would have jurisdiction under
requirements substantially in accordance with paragraphs (1) to (4),
inclusive, or another state has declined to exercise jurisdiction on
the ground that this state is the more appropriate forum to hear a
petition for adoption of the minor, and there is available in this
state substantial evidence concerning the minor's present or future
care.
(b) A court of this state may not exercise jurisdiction over a
proceeding for adoption of a minor if at the time the petition for
adoption is filed a proceeding concerning the custody or adoption of
the minor is pending in a court of another state exercising
jurisdiction substantially in conformity with this part, unless the
proceeding is stayed by the court of the other state because this
state is a more appropriate forum or for another reason.
(c) If a court of another state has issued a decree or order
concerning the custody of a minor who may be the subject of a
proceeding for adoption in this state, a court of this state may not
exercise jurisdiction over a proceeding for adoption of the minor,
unless both of the following apply:
(1) The requirements for modifying an order of a court of another
state under this part are met, the court of another state does not
have jurisdiction over a proceeding for adoption substantially in
conformity with paragraphs (1) to (4), inclusive, of subdivision (a),
or the court of another state has declined to assume jurisdiction
over a proceeding for adoption.
(2) The court of this state has jurisdiction under this section
over the proceeding for adoption.
(d) For purposes of subdivisions (b) and (c), "a court of another
state" includes, in the case of an Indian child, a tribal court
having and exercising jurisdiction over a custody proceeding
involving the Indian child.

9211. (a) A person who is a resident of this state may file a
petition for the adoption of a child with the court in the county in
which one of the following applies:
(1) The petitioner resides.
(2) The child was born or resides at the time of filing.
(3) An office of the agency that placed the child for adoption is
located.
(4) An office of the department or a public adoption agency that
is investigating the petition is located.
(b) A petitioner who is not a resident of this state may file a
petition for the adoption of a child with the court in a county in
which paragraph (2), (3), or (4) of subdivision (a) applies.

9212. (a) Sections 9210 and 9211 apply to interstate adoptions if
the prospective adoptive parents reside outside of the state.
(b) This section shall become operative only if Assembly Bill 746
of the 2001-02 Regular Session is enacted. If Assembly Bill 746 is
not enacted, the application of Sections 9210 and 9211 is not
intended to expand jurisdiction to apply to interstate adoptions if
the prospective adoptive parents reside outside of the state.