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(c) All consents or relinquishments required by this act shall be filed with the court in which the petition for adoption is pending before the final decree of adoption is entered. (a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except: (1) As provided in Section 26-10A-13; or (2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by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 part of a petitioner or his agent or the agency to whom or for whose benefit it was given.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.Section 26-10A-15 Surrender of custody of minor under age of majority. 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. 118, §1.) Section 26-10A-12 Persons who may take consent or relinquishments; forms. A female person who is the biological mother of the minor or is treated by law as the mother. (3) Knowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship with the adoptee for a period of six months. 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. (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. 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. A child as defined by the federal Adoption Assistance and Child Welfare Act of 1980. (b) Any adult may petition the court to adopt another adult as provided in this chapter. 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 26-10C-1 and he responds within 30 days to the notice he receives under Section 26-10A-17(a)(10). Any minor, 14 years of age and beyond, can nominate a guardian ad litem either prior to the birth of the baby or thereafter.
118, §1; Act 2004-528, §1.) Section 26-10A-7 Persons whose consents or relinquishment are 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. (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.
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 26-10A-13 and 26-10A-14. 118, §1.) Section 26-10A-13 Time of consent or relinquishment; filing with court.
We hope to help you learn more about the child adoption laws in the State of Alabama. 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 1971 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. (4) Receiving notification of the pendency of the adoption proceedings under Section 26-10A-17 and failing to answer or otherwise respond to the petition within 30 days. (b) Implied consent under subsection (a) may not be withdrawn by any person. (2) The date of birth or if prior to birth expected date of birth of the adoptee and any names by which the adoptee has been known.
Please note that while we have tried to be as current as possible, laws are occasionally rewritten and/or amended; accordingly, the Alabama adoption law provided below may have errors, omissions, or may not be the most current version. Section 26-10A-31 Confidentiality of records, hearing; parties. Section 26-10A-33 Crime to place children for adoption. (3) The relationship of the person consenting or relinquishing to the adoptee.
Please click the link below to find information about the types of adoption, adoption counseling services, government financial assistance for adopting families, a free adoption manual and much more. Section 26-10A-13 Time of consent or relinquishment; filing with court. (12) That the person executing a consent waives further notice of the adoption proceedings, unless there is a contest or appeal of the adoption proceeding.