Judicial Council Changes To California Adoption Forms / Tribal Customary Adoptions

Effective July 1, 2010, the Judicial Council of California has implemented newly revised forms for adoption procedures in the State of California. These form changes include revisions to the petition used to file an adoption in California (ADOPT-200), as well as the Adoption Agreement (ADOPT-210) and the Adoption Order (ADOPT-215). The reason for the changes are to accommodate recent legislation in California allowing traditional forms of adoption practiced by tribes to be recognized by California courts as an addition to traditional permanency options currently available in California. It appears that this legislation is the first of its kind in the U.S., as Governor Arnold Schwarzenegger signed into law Assembly Bill 1325, permitting "tribal customary adoption" for American Indian children in foster care, on October 11, 2009. The changes made to the California adoption forms reflect the enactment of this legislation in California. According to the new legislation, Tribal Customary Adoptions will not require the termination of parental rights. Under current California law, once reunification services are exhausted, courts tend to give preference to terminating parental rights. Tribal Customary Adoptions creates a more culturally appropriate option for providing American Indian children in foster care a permanent home without compelling the termination of parental rights, a more culturally appropriate option. Further, a California Tribal Customary Adoption order will now "have the same force and effect as an order of adoption." For more on this landmark legislation, please see article entitled, "Tribal Customary Adoption, Tribal Alert, RE: TRIBAL CUSTOMARY ADOPTION PASSED INTO CALIFORNIA LAW, dated January 8, 2010, at www.calindian.org/alerts/62-2010-alert/99-triabl-customary-adoption. For more information about recent changes to California adoption forms, please visit, www.courtinfo.ca.gov/forms, or contact our office for a free initial consultation or for assistance with your adoption at (323) 655-2105.