Adoption Wise
ADOPTION FACILITATORS IN CALIFORNIA   

Written by KS
Thursday, 23 November 2006     

Page 1 of 3

Adoption Facilitation is regulated by the
California Family Code SECTION 8623-8638

California Adoption Facilitators are required to have a business license, and be bonded.  

They must always represent their services to the public as that of Facilitators and not an
adoption agency.  Besides the Family Code, General Business and Contract law govern
their activities just as in most businesses that are not health, insurance, law, or businesses
requiring special forms of regulation.

Some new regulations for facilitators may soon come into practice making California even
more adoption friendly.

Most facilitators have been involved in the adoption process for many years and can guide
a family through many adoption obstacles while making the adoption plan.  Facilitators are
not agencies, family councilors, or legal representatives.

The legal system must be involved in the adoption process no matter what state you are
from or adopting in regardless of the fact a facilitator is involved.  This means there will be
attorneys representing both the family wishing to adopt and the birth parents wishing to
relinquish a child for adoption as well as a court system.  It is the attorneys who are
responsible for advising the families of their rights and obligations.  The attorneys and child
protective services or other regulatory agencies must address the issues of compliance with
adoption laws and advise the parties involved. A facilitator will not be able to give advice in
these areas, however they may direct you to the proper places to get official answers when
needed.  Facilitators do not practice adoption law. Attorneys licensed in the state of the
adoption will be the adopting family's and the birth parents resource for the laws of that
state.

In some cases, even though you have used the services of a facilitator to assist in your
adoption plan, an adoption
agency may become involved in the process as well as your facilitator and attorney. These
are legal issues that are best addressed by your legal representative.

Adoption Facilitators do not give legal advice about adoption.  The attorney you wish to
complete your adoption must answer your legal questions.  A facilitator may give you a list
of attorneys they have worked with in the past and know to be qualified in the state you wish
to adopt.

The same direction applies to social or adoption counseling for birth parents as it does to
attorneys.  A Facilitator may assist you with a list of councilors they have or are working with
or let you know how to find qualified services in this area for your adoption plan, at your
request or the request of the birth family.  Facilitators do not perform the function of
counselor to the birth parents, where the laws of the state require specialized certifications.

                                                                                                                              
                                                                                                                                                               
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