SB 1109

Bill Subjects

Abstract

Existing law provides that it is unethical for an attorney to undertake the representation of both the prospective adoptive parents and the birth parents of a child in any negotiation or proceeding in connection with an adoption unless a written consent is obtained from both parties. Existing law requires a notice to the birth parents of their right to have an independent attorney and that the prospective adoptive parents may be required to pay the reasonable attorney's fees up to a maximum of $500. Existing law includes a statement of legislative findings regarding the rules of conduct for attorneys representing clients. This bill would require a birth parent of a child who is placed for adoption to be represented by an independent attorney unless written consent is obtained from the birth parent unless the court finds that a birth parent cannot be located after diligent effort. This bill would increase the reasonable attorney's fees that prospective adoptive parents may be required to pay up to a maximum of $1,500, as specified. The bill would make related findings.