Adoption of Kay C

In Adoption of Kay C. (1991) 228 Cal. App. 3d 741, which considered a challenge to the constitutionality of the predecessor to section 9100, former Civil Code section 227b, the court explained that "adoption has its entire source in state law and contractual arrangements." ( Adoption of Kay C., supra, 228 Cal. App. 3d at p. 750.) "The Legislature has provided a comprehensive scheme establishing the institution of adoption, defining its legal nature, and prescribing its substantive and procedural requirements." ( Id. at pp. 750-751.) Former Civil Code section 227b, now section 9100, provides a remedy when an adoption is based "upon a legislatively perceived equivalent of mistake--the adopting parents' lack of knowledge or notice of a serious condition predating the adoption which, if known, would have affected their agreement to adopt. It should go without saying that the act of adoption is accompanied by enormous social, moral and financial consequences. '"Just as couples must weigh the risks of becoming natural parents, taking into consideration a host of factors, so too should adoptive parents be allowed to make their decision in an intelligent manner."' " ( Adoption of Kay C., supra, 228 Cal. App. 3d at p. 751.) Accordingly, the statutory scheme mandates that the prospective adoptive parents be furnished a written report detailing the child's medical background, psychological evaluations, scholastic information, developmental history, and family life. ( Adoption of Kay C., supra, 228 Cal. App. 3d at p. 752.) "The legislative purpose is thus to provide the prospective adopting parents with the kinds of information which may reasonably influence their decision whether to adopt the child. Some adopting parents . . . may not be able or willing, for various valid reasons, to adopt a child when the provided information presages that the child may require extraordinary care or they believe a normal parent-child relationship would never be established. When the information is incomplete, however, adopting parents in this category may give their consent while unaware of conditions which, if known, would have affected their decision in the first instance." (Ibid., ) The Kay C. court concluded that former Civil Code section 227b "retrospectively" remedied gaps in the information process. It did not "infringe upon the fundamental rights which may exist in an adoptive parent-child relationship. Instead, it deals with the very creation of that relationship. It prompts inquiry into the conditions existing prior to adoption and into the adopting parents' lack of knowledge or notice of those conditions. The provision further implements manifest legislative purpose that the enduring obligations of adoption be undertaken by the adoptive parents with all information about the child available at the time of adoption and, if not then known, certain pivotal information which becomes available within the limited period of five years after adoption." ( Adoption of Kay C., supra, 228 Cal. App. 3d at p. 752.)