ALABAMA ADOPTION CODE: Ala. Code

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ALABAMA ADOPTION CODEAla. Code 26-10A-1
through 38 STEP-BY-STEP Adoption of Minors

• Prepared byPenny Davis

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• 1. PRE-PLACEMENT INVESTIGATION
• a. Must be completed within 24 months of
  petition. 26-10A-19(c)
• b. May petition court or go to DHR or LCPA.
  26-10A-19(b)
• c. File with court at time for filing petiton.

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1. PRE-PLACEMENT INVESTIGATIONWho Can
Investigate?

• a. 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 34-30-3.

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• 2. PETITION COURT FOR AUTHORITY TO PAY FEES OR
  EXPENSES
• a. All fees and expenses must be approved by the
  court prior to payment or be placed in escrow.
  26-10A-23(b)
• b. The court shall approve all reasonable fees
  and expenses unless they are determined to be
  unreasonable based on specific finding of facts.
  26-10A-23(b)

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• 3. PREBIRTH CONSENT
• a. Mother must go before the judge.
• All other prebirth consents can be before the
  judge or other enumerated official.
  26-10A-12(a)

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PREBIRTH CONSENT 26-10A-12(b) All other
pre-birth or post-birth consents or
relinquishments shall be signed or confirmed
before

• (1) A judge or clerk of any court which has
  jurisdiction over adoption proceedings, or a
  public officer appointed by such judge for the
  purpose of taking consents or
• (2) A person appointed to take consents who is
  appointed by any agency which is authorized to
  conduct investigations or home studies provided
  by Section 26-10A-19, or, if the consent is taken
  out of state, by a person appointed to take
  consents by any agency which is authorized by
  that state's law to conduct investigations and
  home studies for adoptions or
• (3) A notary public.

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3. PREBIRTH CONSENT

• b. Generally, a minor giving consent must have
  guardian ad litem. 26-10A-8(a)
• However, a minor father may give his implied
  consent by his action, and if so determined by
  conclusive evidence, neither notice nor the
  appointment of a guardian ad litem is necessary.
  26-10A-8 (c)
• The consent is not subject to revocation because
  of the minority. 26-10A-8(b)

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3. PREBIRTH CONSENT

• A minor who is 14 years or older may nominate the
  guardian ad litem. 26-10A-8(a) and (c)
• c. Must be in writing on form provided in code.
  26-10A-11 26-10A-12(c)

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• 4. IMPLIED CONSENT
• Consent is implied from the following conduct
• a. Father abandons adoptee, including the failure
  of the father, who knows about the pregnancy, to
  provide financial and/or emotional support for
  six months prior to birth. 26-10A-9(1)
• b. Leaving adoptee without identification for 30
  days. 26-10A-9(2)

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• 4. IMPLIED CONSENT
• Consent is implied from the
• following conduct
• c. Leaving adoptee with another without financial
  provision or maintaining significant parental
  relationship for six months. 26-10A-9(3) or
• d. Receiving notice of pending adoption and
  failing to respond to petition within 30 days.
  26-10A-9(4)
• e. Failing to comply with the putative father
  registry.

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5. WAIVER OF NOTICE FORM AND AFFIDAVIT OF
NONPAYMENT

• a. Notice may be waived by any person or agency
  whose consent is required. 26-10A-17(a)
• b. Waiver must be in writing. 26-10A-17(d)
• c. Parent must sign affidavit that (s)he has
  received no money or other thing of value for
  giving up child - 26-10A-23(d).

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WAIVER OF NOTICE FORM AND AFFIDAVIT OF NONPAYMENT

• Notice may be served on natural parent prior to
  birth. 26-10A-17(b)
• Practice tip Get waiver and affidavit of
  nonpayment signed ASAP

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• 6. HEALTH FACILITY RELEASE
• a. Required if child is released to anyone other
  than relative, or legal custodian.
  26-10A-15(a)
• b. Must be in writing executed after birth by one
  of the parents. 26-10A-15(a)
• c. Health facility must file report with DHR
  within 48 hours of release. 26-10A-15(b)

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• 7. POSTBIRTH CONSENT OR RELINQUISHMENT
• a. Must be in writing signed or confirmed before
  specified officials. 26-10A-12(b)
• b. It must be in the form provided for in the
  code. 26-10A-11 26-10A-12(c)

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• 7. POSTBIRTH CONSENT OR RELINQUISHMENT
• c. Generally minor giving consent must have
  guardian ad litem.
• However, a minor father may give his implied
  consent by his action, and if so, neither notice
  or the appointment of a guardian ad litem is
  necessary.
• Minors 14 years or older can nominate their
  guardian ad litem. 26-10A-8

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7. POSTBIRTH CONSENT OR RELINQUISHMENT

• d. The failure of the putative father to properly
  file his intent to claim paternity in the
  Putative Father Registry will result in his being
  deemed to have given his irrevocable implied
  consent in any adoption proceeding.
• Ala. Code 26-10c-1(i).

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• 8. WITHDRAWING CONSENT OR RELINQUISHMENT
• a. May be withdrawn within 5 days of signing or
  birth, whichever comes last. The withdrawal must
  be either delivered to the court or postmarked
  within the five day period. 26-10A-13(a)
• b. May be withdrawn within 14 days after signing
  or birth, whichever comes last, if the court
  finds the withdrawal is reasonable under the
  circumstances and in the child's best interest.
  26-10A-13(b)

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8. WITHDRAWING CONSENT OR RELINQUISHMENT

• c. May be withdrawn at any time until final
  decree upon showing that it was obtained through
  fraud, duress, mistake, or undue influence.
  26-10A-14(a)

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• 8. WITHDRAWING CONSENT OR RELINQUISHMENT
• d. After one year from the date of the final
  decree, a consent or relinquishment may not be
  challenged on any ground except when the adoptee
  was kidnapped. 26-10A-14(a)
• e. Petition to withdraw must be in writing,
  signed, dated and signed by two witnessed.
  26-10A-14(c)
• f. Implied consent under 26-10A-9 (b) can not be
  withdrawn

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9. PLACEMENT OF CHILD WITH PETITIONERS

• a. Normally only after a pre-placement
  investigation has occurred. 26-10A-15(c)
• b. Placement may occur prior to a pre-placement
  investigation only for good cause shown and with
  written notice immediately given to the court and
  the county DHR. 26-10A-15(c)

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• 10. FILE PETITION
• a. 30 days after placement. 26-10A-16(a)
• b. Signed and verified by each petitioner with
  caption and allegations as described in code.
  26-10A-16(a) and (b)
• c. Must enclose copy of birth certificate or
  affidavit stating that application for birth
  certificate has been made. 26-10A-16(c)

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• 11. PETITION COURT FOR PAYMENT OF FEES AND
  EXPENSES
• (Unless filed earlier. See 2 above.)

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• 12. INTERLOCUTORY ORDER
• a. After placement and filing, court enters
  orders giving petitioners custody unless custody
  is held by DHR or LCPA. 26-10A-18
• b. Custody includes care, maintenance, support
  and medical treatment. 26-10A-18

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13. NOTICE

• a. Notice must be given to those enumerated in
  (a) as provided in (c) unless waived.
  26-10A-17.
• Also, if a man files an intent to claim
  paternity pursuant to the Putative Father
  Registry, he is entitled to notice of the filing
  of an adoption proceeding.
• Moreover, the court will then give notice to the
  natural mother that the putative father has
  registered in conformity with the Putative Father
  Registry. Ala. Code 26-10C-1(f).

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13. NOTICE

• b. Must include copy of petition to most of those
  enumerated in (a). 26-10A-17(b)
• NOTE Petition includes names of petitioners,
  therefore, one needs to get a waiver of notice
  signed if the identity of the parties are to be
  confidential.

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13. NOTICE

• c. Notice must be given to the father and
  putative father unless the court finds he has
  impliedly consented to the adoption under
  26-10-A-9. 26-10A-17(a)(10).
• d. Notice must state that person served must
  respond within 30 days to contest adoption.
  26-10A-17(b)
• e. Proof of service must be filed with court
  prior to adjudicatory hearing. 26-10A-17(e)

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14. INVESTIGATION

• a. If a pre-placement investigation has not
  occurred within 24 months of placement, then a
  full post-placement investigation must occur.
  26-10A-19(c)
• b. Each adoption must have a post placement
  investigation in which the investigator must
  observe the adoptee in the home and interview the
  petitioner within 45 days after placement.
  26-10A-19(e)
• c. Post-placement investigation must be filed
  within 60 days. 26-10A-19(f)

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14. INVESTIGATION

• d. Court may require that the post placement
  investigation be performed by someone other than
  the agency making the placement.
  26-10A-19(d)(2)
• e. No investigation is required in qualifying
  stepparent or other family adoptions unless
  ordered by the court. 26-10A-19(h)
• f. Investigative reports are no longer
  conclusive. 26-10A-19(i)
• g. The court may waive the investigation.
  26-10A-25

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• 15. CONTESTED HEARING
• a. If a contest is filed, the court must give
  notice by certified mail to all of the parties.
  26-10A-24(b)
• b. Guardian ad litem must be appointed for (1)
  adoptee (2) any incompetent or minor who is a
  party. 26-10A-22(b)
• c. Reimbursement for certain cost may be ordered
  by the court. 26-10A-24 (h) and (i)

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15. CONTESTED HEARING 26-10A-24 (h)

• (h) Where there is a contested case hearing, if
  the adoption is denied, then the probate court or
  court of competent jurisdiction, unless just
  cause is shown otherwise by the contestant, shall
  issue an order for reimbursement to the
  petitioner or petitioners for adoption for all
  medical and living expenses incidental to the
  care and well-being of the minor child for the
  time the child resided with the petitioner or
  petitioners for adoption

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15. CONTESTED HEARING 26-10A-24 (i)

• (i) Where there is a contested hearing and the
  contest fails, then the probate court or court of
  competent jurisdiction, unless just cause is
  shown otherwise by the contestant, shall issue an
  order for reimbursement to the petitioner or
  petitioners for adoption for all legal costs
  incurred which are incidental to the contest.

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• 16. DISPOSITIONAL HEARING
• a. Must occur within 90 days of filing if a
  preplacement investigation has occurred, if not,
  then within 120 days. 26-10A-25(a)
• b. Petitioner must file sworn statement giving a
  full accounting of all disbursements paid in the
  adoption. 26-10A-23(c)

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16. DISPOSITIONAL HEARING

• c. Prior to entry of final order, the petitioner
  and parent(s) must sign affidavits stating that
  no money or other thing of value has been paid or
  received for giving up minor for adoption.
  26-10A-23(d)
• d. Final degree entered that cannot be
  collaterally attacked except in cases of fraud or
  kidnapping after one year of entry of the final
  decree and all appeals. 26-10A-25(d)

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17. APPEALS

• a. Filed with Court of Civil Appeals within 14
  days. 26-10A-26(a)
• b. Trial court enters orders concerning custody
  pending appeal. 26-10A-26(b)

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• 18. STEPPARENT AND CLOSE FAMILY ADOPTIONS
• a. Unless waived, the adoptee must have lived
  with the petitioner for one year. 26-10A-27
  26-10A-28(a)
• b. Unless ordered by the court no investigations
  or fee reports are required. 26-10A-27
  26-10A-28(b) (c)

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18. STEPPARENT AND CLOSE FAMILY ADOPTIONS

• 26-10A-28Adoption by other relatives.
• A grandfather, a grandmother, great-grandfather,
  great-grandmother, great-uncle, great-aunt, a
  brother, or a half-brother, a sister, a
  half-sister, an aunt or an uncle of the first
  degree and their respective spouses, if any may
  adopt a minor grandchild, a minor brother, a
  minor half-brother, a minor sister, a minor
  half-sister, a minor nephew, a minor niece, a
  minor great-grandchild, a minor great niece or a
  minor great nephew, according to the provisions
  of this chapter,

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19. GRANDPARENT VISITATION

• a. Discretionary with court if child is adopted
  by grandparent, sibling, half sibling, aunt or
  uncle. 26-10A-30

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20. RECORDS

• a. Other than an adult adoptee who may receive a
  copy of his or her original birth certificate
  from the State Registrar, identifying records
  are not available except by consent or upon court
  order. 26-10A-31

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20. RECORDS

• b. After the adoptions, the investigator sends
  two separate summaries to DHR for them to retain
  for 75 years.
• One summary contains identifying information (d)
  and the other contains non-identifying
  information (g) which includes medical histories.
  
• The non-identifying summary is available to the
  petitioners and an adult adoptee (g).
  26-10A-31

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20. RECORDS

• c. Identifying information is available with
  consent of the natural parent to the adult
  adoptee. 26-10A-31(h)
• d. If the natural parents are deceased, cannot be
  located or fail to consent, the court will weigh
  the interest of all parties and may release the
  information without consent. 26-10A-31(j)

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• 21. PLACEMENT
• a. Only parents, relatives or agencies may place
  children for adoption. 26-10A-33
• b. It is a crime for anyone other
• than a LCPA or DHR to engage
• in the business of placing for
• adoption. Making more than
• two unrelated placements within
• 12 months is in the business of
• placing. 26-10A-33

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• c. It is not a crime for one not in the business
  of placing to give advice and assistance to
  natural parents in the adoption.
• Adoptive and natural parents have the right to
  legal advice. 26-10A-33

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• 22. PAYMENT
• a. It is unlawful to pay, offer to pay or receive
  money in exchange for giving up or getting a
  child for adoption. 26-10A-34(a) (b)
• b. It is not unlawful to pay medical or living
  expenses as an act of charity, but it cannot be
  contingent upon the child being given up for
  adoption. 26-10A-34

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23. ADVERTISEMENT

• a. It is unlawful to advertise concerning
  adoptions in violation of this Code. 26-10A-36

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THE END
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