ALABAMA ADOPTION CODE:ALABAMA ADOPTION CODE:

Ala. Code § 26-10A-1 through Ala. Code § 26-10A-1 through 3838

STEP-BY-STEPSTEP-BY-STEPAdoption of MinorsAdoption of Minors

Prepared by:Prepared by:Penny DavisPenny Davis

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.

1. PRE-PLACEMENT INVESTIGATIONWho Can Investigate?

a. The Department of Human Resources;a. The Department of Human Resources; b. A licensed child placing agency;b. A licensed child placing agency; c. An individual or agency licensed by the c. An individual or agency licensed by the

department to perform investigations; ordepartment to perform investigations; or d. An individual appointed by the court who is a d. An individual appointed by the court who is a

social worker licensed by the State Board of social worker licensed by the State Board of Social Work Examiners or a social worker II or Social Work Examiners or a social worker II or above who is under the state merit system who is above who is under the state merit system who is also certified by the State Board of Social Work also certified by the State Board of Social Work Examiners for private independent practice in the Examiners for private independent practice in the social casework specialty, as provided for in social casework specialty, as provided for in Section 34-30-3.Section 34-30-3.

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)

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)

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

confirmed before:confirmed before:

(1) A judge or(1) A judge or clerkclerk of any court which has of any court which has jurisdiction over adoption proceedingsjurisdiction over adoption proceedings, or , or a a public officerpublic officer appointed by such judge for the appointed by such judge for the purpose of taking consentspurpose of taking consents; or; or

(2) A person appointed to take consents who is (2) A person appointed to take consents who is appointed by any agencyappointed by any agency which is authorized which is authorized to conduct investigations or home studies to conduct investigations or home studies provided by Section 26-10A-19, or, if the consent provided by Section 26-10A-19, or, if the consent is taken out of state, by a person appointed to is taken out of state, by a person appointed to take consents by any agency which is authorized take consents by any agency which is authorized by that state's law to conduct investigations and by that state's law to conduct investigations and home studies for adoptions; orhome studies for adoptions; or

(3) (3) A notary public.A notary public.

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)

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)

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);

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.

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).

WAIVER OF NOTICE FORM AND AFFIDAVIT OF

NONPAYMENT Notice may be served on natural Notice may be served on natural

parent parent prior to birthprior to birth. . § 26-10A-17(b) Practice tip: Get waiver and

affidavit of nonpayment signed ASAP

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)

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)

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

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).

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)

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)

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

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)

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)

11. PETITION COURT FOR PAYMENT OF FEES AND EXPENSES

(Unless filed earlier. See 2 above.)

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

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).

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.**

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)

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)

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

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)

15. CONTESTED HEARING

§ 26-10A-24 (h) (h) Where there is a contested case hearing, (h) Where there is a contested case hearing,

if the if the adoption is deniedadoption is denied, then the probate , then the probate court or court of competent jurisdiction, court or court of competent jurisdiction, unless just cause is shown otherwise by the unless just cause is shown otherwise by the contestantcontestant,, shall shall issue an order for issue an order for reimbursementreimbursement to the petitioner or to the petitioner or petitioners for adoption for petitioners for adoption for all medical and all medical and living expensesliving expenses incidental to the care and incidental to the care and well-being of the minor child for the time the well-being of the minor child for the time the child resided with the petitioner or child resided with the petitioner or petitioners for adoption petitioners for adoption

15. CONTESTED HEARING

§ 26-10A-24 (i) (i) Where there is a contested hearing (i) Where there is a contested hearing

and the and the contest failscontest fails, then the , then the probate court or court of competent probate court or court of competent jurisdiction, jurisdiction, unless just cause is shown unless just cause is shown otherwise by the contestantotherwise by the contestant, , shall shall issue an orderissue an order for for reimbursementreimbursement to the petitioner or petitioners for to the petitioner or petitioners for adoption adoption for all legal costsfor all legal costs incurred incurred which are which are incidental to the contest.incidental to the contest.

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)

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)

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)

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)

18. STEPPARENT AND CLOSE FAMILY ADOPTIONS:

26-10A-28Adoption by other relatives.Adoption by other relatives.

A grandfather, a grandmother, great-grandfather, A grandfather, a grandmother, great-grandfather, great-grandmother, great-uncle, great-aunt, a great-grandmother, great-uncle, great-aunt, a brother, or a half-brother, a sister, a half-sister, brother, or a half-brother, a sister, a half-sister, an aunt or an uncle of the first degree and their an aunt or an uncle of the first degree and their respective spouses, if any may adoptrespective spouses, if any may adopt a minor a minor grandchild, a minor brother, a minor half-brother, grandchild, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a minor a minor sister, a minor half-sister, a minor nephew, a minor niece, a minor great-grandchild, nephew, a minor niece, a minor great-grandchild, a minor great niece or a minor great nephew, a minor great niece or a minor great nephew, according to the provisions of this chapter, according to the provisions of this chapter,

19. GRANDPARENT VISITATION

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

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

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

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)

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 thantwo unrelated placements within 12 months is in the business of placing. § 26-10A-33

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

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

23.ADVERTISEMENT

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

THE ENDTHE END