California Family Code Section 9100
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California Laws > Family Code > California Family Code Section 9100
9100. (a) If a child adopted pursuant to the law of this state
shows evidence of a developmental disability or mental illness as a
result of conditions existing before the adoption to an extent that
the child cannot be relinquished to an adoption agency on the grounds
that the child is considered unadoptable, and of which conditions
the adoptive parents or parent had no knowledge or notice before the
entry of the order of adoption, a petition setting forth those facts
may be filed by the adoptive parents or parent with the court that
granted the adoption petition. If these facts are proved to the
satisfaction of the court, it may make an order setting aside the
order of adoption.
(b) The petition shall be filed within five years after the entry
of the order of adoption.
(c) The court clerk shall immediately notify the department at
Sacramento of the petition. Within 60 days after the notice, the
department shall file a full report with the court and shall appear
before the court for the purpose of representing the adopted child.
Last modified: February 22, 2013