Section A-5 Who may adopt. Section A-6 Who may be adopted. Section A-7 Persons whose consents or relinquishment are required. Section A-8 Consent or relinquishment by a minor parent. Section A-9 Implied consent or relinquishment. Section A Persons whose consents or relinquishments are not required.
Section A Consent or relinquishment. Section A Persons who may take consent or relinquishments; forms. Section A Time of consent or relinquishment; filing with court. Section A Withdrawal of consent or relinquishment.
Section A Surrender of custody of minor under age of majority. Section A Notice of petition. Section A Custody pending final decree. Section A Removal of adoptee from county. Section A Related proceedings. Section A Attorney participation and appointment of attorney for the adoptee or other party. Section A Fees and charges. Section A Contested hearing. Section A Final decree; dispositional hearing.
Section A Adoption by other relatives. Section A Name and status of adoptee. Section A Grandparent visitation. Section A Confidentiality of records, hearing; parties. Section A Birth certificates. Section A Crime to place children for adoption.
Section A Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father. Section A Bringing child into state for adoption purposes. Section A Advertisement as to adoption by persons, organizations, etc. Section A Rules of procedure and rules of evidence. Section A Application to existing adoptions. The following words and phrases shall have the following meaning whenever used in this chapter except where the context clearly indicates a different meaning: 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 parent, of his presence, care, love, protection, maintenance, or the opportunity for the display of filial affection, or the failure to claim the rights of a parent, or the failure to perform the duties of a parent.
The person being adopted. A person who is 19 years of age or older or who by statute is otherwise deemed an adult. Voluntarily agreeing to adoption. A male person who is the biological father of the minor or is treated by law as the father. Any adoption agency that is licensed under the provisions of the Alabama Child Care Act of or any adoption agency approved by the Department of Human Resources.
A person under the age of 19 or a person who is not an adult under the law in the jurisdiction where he or she resides. The term includes a minor parent only. A female person who is the biological mother of the minor or is treated by law as the mother. Natural or legal father or mother. The adoptive parents and the natural parents unless the rights of the natural parents have been terminated or relinquished for purposes of adoption then the agency that has custody becomes a party in interest.
This phrase does not include the adoptee. Any male person as defined in the Alabama Uniform Parentage Act. The alleged or reputed father. Giving up the physical custody of a minor for purpose of placement for adoption to a licensed child placing agency or the Department of Human Resources. The probate court shall have original jurisdiction over proceedings brought under the chapter. If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited purpose of termination of parental rights.
The provisions of this chapter shall be applicable to proceedings in the court having jurisdiction over juvenile matters. Section A-4 All petitions may be filed in the probate court in the county in which: Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar days. If the court determines by substantial evidence that the biological father is the man married to the biological mother, then the biological father shall be allowed to adopt the child without the consent of the man who was married to the biological mother at the time of the conception or birth of the child, or both, when the court finds the adoption to be in the best interest of the child.
Section A-6 The following persons may be adopted: He or she is totally and permanently disabled. He or she is determined to be mentally retarded. He or she consents in writing to be adopted and is related in any degree of kinship, as defined by the intestacy laws of Alabama, or is a stepchild by marriage. He or she consents in writing to be adopted by an adult man and woman who are husband and wife. He and the adoptee's mother are or have been married to each other and the adoptee was born during the marriage, or within days after the marriage was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation was entered by a court; or b.
Before the adoptee's birth, he and the adoptee's mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and, 1. If the attempted marriage could be declared invalid only by a court, the adoptee was born during the attempted marriage, or within days after its termination by death, annulment, declaration or invalidity, or divorce; or 2.
If the attempted marriage is invalid without a court order, the adoptee was born within days after the termination of cohabitation; or c.
After the adoptee's birth, he and the adoptee's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and 1. With his knowledge or consent, he was named as the adoptee's father on the adoptee's birth certificate; or 2.
He is obligated to support the adoptee pursuant to a written voluntary promise or agreement or by court order; or d. He received the adoptee into his home and openly held out the adoptee as his own child; 4 The agency to which the adoptee has been relinquished or which holds permanent custody and which has placed the adoptee for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interests of the adoptee and there is a finding that the agency has unreasonably withheld its consent; and 5 The putative father if made known by the mother or is otherwise made known to the court provided he complies with Section C-1 and he responds within 30 days to the notice he receives under Section A a Any minor, 14 years of age and beyond, can nominate a guardian ad litem either prior to the birth of the baby or thereafter.
If a court finds by conclusive evidence that a minor father has given implied consent to the adoption, notice and the appointment of a guardian ad litem shall not be necessary. Notwithstanding the provisions of Section A-7, the consent or relinquishment of the following persons shall not be required for an adoption: The court must appoint independent counsel or a guardian ad litem for an incompetent parent for whom there has been no such prior appointment; 3 A parent who has relinquished his or her minor child to the department of human resources or a licensed child placing agency for an adoption; 4 A deceased parent or one who is presumed to be deceased under Alabama law; 5 An alleged father who has signed a written statement denying paternity; or 6 The natural father where the natural mother indicates the natural father is unknown, unless the natural father is otherwise made known to the court.
If the adult person to be adopted has been adjudicated incompetent, the written consent of the adult person's guardian or conservator shall be required. If the adult person is without a spouse, guardian, or conservator and the court has reason to believe that the adult person is incompetent to give consent, the court shall appoint a guardian ad litem who shall investigate the adult person's circumstances and that guardian ad litem shall give or withhold consent.
The guardian ad litem shall file a written report stating the basis for the decision and the court shall afford a hearing to all parties to present evidence as to the best interest of the adult person, and if the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incompetent adult person, it may proceed to make any other orders it deems necessary for the adult person's welfare, including granting the petition for adoption.
At the time of taking the consent the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the consent and shall provide the parent with a form for withdrawing the consent in accordance with the requirements of Sections A and A After one year from the date of final decree of adoption is entered, a consent or relinquishment may not be challenged on any ground, except in cases where the adoptee has been kidnapped.
The court shall not apply any presumption or preference in favor of the natural parents in reviewing an action brought under this section.
Any order made by the court upon a petition to withdraw consent or relinquishment under this section shall be deemed a final order for the purpose of filing an appeal under Section A Such report shall be transmitted to the department within 48 hours from the surrendering of custody.
The petition shall be signed, and verified by each petitioner, and shall allege: A copy of the petition for adoption shall be delivered to those individuals or agencies in subdivisions a 2 through a Any notice required by this chapter may be served on a natural parent prior to birth.
If the identity or whereabouts of the parent is unknown, or if one parent fails or refuses to disclose the identity or whereabouts of the other parent, the court shall then issue an order providing for service by publication, by posting, or by any other substituted service. If such service cannot be completed after two attempts, the court shall issue an order providing for service by publication, by posting, or by any other substituted service. 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 the licensed child placing agency which held custody at the time of the placement until the entry of the final decree and 2 the responsibility for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court.
This interlocutory decree shall not stop the running of time periods prescribed in Section A 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 the pre-placement investigation shall be filed with the court when the petition for adoption is filed.
The court may appoint any agency or individual qualified under subsection d to perform the pre-placement investigation. Upon completion of the investigation, a copy of the report shall be sent to the petitioners. The report is to be filed with the court at the time of the filing of the petition for adoption. This history shall be provided to the petitioner in writing before the decree is entered; 7 Criminal background investigations; 8 The costs and expenses connected with the adoption; and 9 Any other circumstances which may be relevant to the placement of the adoptee with the petitioners.
The Department of Human Resources; b. A licensed child placing agency; c. An individual or agency licensed by the department to perform investigations; or d. An individual appointed by the court who is a social worker licensed by the State Board of Social Work Examiners or a social worker II or above who is under the state merit system who is also certified by the State Board of Social Work Examiners for private independent practice in the social casework specialty, as provided for in Section The investigation shall include a verification of all allegations of the petition.
The report shall include sufficient facts for the court to determine whether there has been compliance with consent or relinquishment provisions of this chapter. The post-placement investigation shall include all of the information enumerated within subdivisions c 1 through c 9 that was not obtained in the pre-placement investigation required under subsection a.
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 investigating agency or person. 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 to stay such adoption proceeding until a determination has been made by an appropriate court with jurisdiction pursuant to the provisions of the Uniform Child Custody Jurisdiction Act UCCJA or the Parental Kidnapping Prevention Act PKPA.