Section 26-10A-1 – Short Title.
Section 26-10A-1 Short title. This chapter shall be known as and may be cited as the Alabama Adoption Code. (Acts 1990, No. 90-554, p. 912, §1.)
Section 26-10A-10 – Persons Whose Consents or Relinquishments Are Not Required.
Section 26-10A-10 Persons whose consents or relinquishments are not required. Notwithstanding the provisions of Section 26-10A-7, the consent or relinquishment of the following persons shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee have been terminated by operation of law in accordance with the Alabama Child Protection […]
Section 26-10A-11 – Consent or Relinquishment.
Section 26-10A-11 Consent or relinquishment. (a) A consent or relinquishment shall be in writing, signed by the person consenting or relinquishing, and shall state the following: (1) The date, place, and time of execution. (2) The date of birth or if prior to birth expected date of birth of the adoptee and any names by […]
Section 26-10A-12 – Persons Who May Take Consent or Relinquishments; Forms.
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of the natural mother taken prior to the birth of a child shall be signed or confirmed before a judge of probate. At the time of taking the consent the judge shall explain to the consenting parent the legal effect of signing […]
Section 26-10A-13 – Time of Consent or Relinquishment; Filing With Court.
Section 26-10A-13 Time of consent or relinquishment; filing with court. (a) A consent or relinquishment may be taken at any time, except that once signed or confirmed, may be withdrawn within five days after birth or within five days after signing of the consent or relinquishment, whichever comes last. (b) Consent or relinquishment can be […]
Section 26-10A-14 – Withdrawal of Consent or Relinquishment.
Section 26-10A-14 Withdrawal of consent or relinquishment. (a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except: (1) As provided in Section 26-10A-13; or (2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the […]
Section 26-10A-15 – Surrender of Custody of Minor Under Age of Majority.
Section 26-10A-15 Surrender of custody of minor under age of majority. (a) No health facility shall surrender the physical custody of an adoptee to any person other than the Department of Human Resources, a licensed child placing agency, parent, relative by blood or marriage, or person having legal custody, unless such surrender is authorized in […]
Section 26-10A-16 – Petition.
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk of the court within 30 days after the minor is placed with the prospective adoptive parent or parents for purposes of adoption unless the minor is in custody of the Department of Human Resources or a licensed child placing agency except […]
Section 26-10A-17 – Notice of Petition.
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any person, agency, or institution whose consent or relinquishment is required by Section 26-10A-7, unless parental rights have been terminated pursuant to Section 12-15-319. (2) The legally appointed […]
Section 26-10A-18 – Custody Pending Final Decree.
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee into his or her home for the purposes of adoption and a petition for adoption has been filed, an interlocutory decree shall be entered delegating to the petitioner (1) custody, except custody shall be retained by the Department of Human Resources or […]
Section 26-10A-19 – Investigation.
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to determine the suitability of each petitioner and the home in which the adoptee will be placed. The investigation shall include a criminal background investigation and any other circumstances which might be relevant to the placement of an adoptee with the petitioners. A copy of […]
Section 26-10A-2 – Definitions.
Section 26-10A-2 Definitions. The following words and phrases shall have the following meaning whenever used in this chapter except where the context clearly indicates a different meaning: (1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a minor by parent, or a withholding from the minor, without good cause or excuse, by the […]
Section 26-10A-20 – Removal of Adoptee From County.
Section 26-10A-20 Removal of adoptee from county. After the petitioner has received the adoptee into his or her home, the adoptee shall not be removed from the county in which the petitioner resides until the final decree has been issued for a period of longer than 15 consecutive days unless notice is given to the […]
Section 26-10A-21 – Related Proceedings.
Section 26-10A-21 Related proceedings. If, at any time during the pendency of the adoption proceeding, it is determined that any other custody action concerning the adoptee is pending in the courts of this state or any other state or country, any party to the adoption proceeding, or the court on its own motion, may move […]
Section 26-10A-22 – Attorney Participation and Appointment of Attorney for the Adoptee or Other Party.
Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other party. (a) In making adoption arrangements, potential adopting parents and birth parents may obtain counsel to provide legal advice and assistance. (b) Upon the motion of any party, or upon the court’s own motion, before or after the filing of petition for […]
Section 26-10A-23 – Fees and Charges.
Section 26-10A-23 Fees and charges. (a) No person, organization, group, agency, or any legal entity may accept any fee whatsoever for bringing the adopting parent or parents together with the adoptee or the natural parents. A violation of this section shall be punished under Section 26-10A-33. (b) Prior to payment, the petitioners must file with […]
Section 26-10A-24 – Contested Hearing.
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed, the court shall set the matter for a contested hearing to determine: (1) Whether the best interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person capable of being adopted by the petitioner in accordance […]
Section 26-10A-25 – Final Decree; Dispositional Hearing.
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation has been completed and approved or the investigation has been waived for good cause shown, the petition for adoption shall be set for a dispositional hearing as soon as possible or no later than 90 days after the filing of the petition. When there […]
Section 26-10A-26 – Appeals.
Section 26-10A-26 Appeals. (a) Appeals from any final decree of adoption shall be taken to the Alabama Court of Civil Appeals and filed within 14 days from the final decree. (b) An appeal from any final order or decree rendered under this chapter shall have priority in all courts and shall have precedence over all […]
Section 26-10A-27 – Stepparent Adoptions.
Section 26-10A-27 Stepparent adoptions. Any person may adopt his or her spouse’s child according to the provisions of this chapter, except that: (1) Before the filing of the petition for adoption, the adoptee must have resided for a period of one year with the petitioner, unless this filing provision is waived by the court for […]