Ala. Code § 26-10E-24 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-24
Section 26-10E-24 (Effective January 1, 2026) Dispositional Hearing; Final Judgment
Status: in_force

(a) Once the petition for adoption and any necessary accompanying documentation has been filed, the court shall set a dispositional hearing to take place as soon as practicable, but no later than 120 days after the filing. Upon good cause shown, the court may extend the time for the dispositional hearing.

(b) At the dispositional hearing, the court shall approve the adoption if it finds, based on clear and convincing evidence, all of the following:

(1) The adoptee has been in the actual physical custody of the petitioner or petitioners for a period of 60 days, unless for good cause shown, this requirement is waived by the court.

(2) All necessary consents, relinquishments, terminations, or waivers have been obtained and, if appropriate, filed with the court.

(3) All documentation required pursuant to Section 26-10E-19 or 26-10E-19.1, where applicable, has been filed with the court, unless excluded under Sections 26-10E-26 and 26-10E-27.

(4) Service of the notice of pendency of the adoption proceeding has been made or dispensed with as to all persons entitled to receive notice under Section 26-10E-17.

(5) All contests brought under Section 26-10E-23 have been resolved in favor of the petitioner or petitioners.

(6) Each petitioner is a suitable adoptive parent and desires to establish a parent and child relationship between himself or herself and the adoptee.

(7) That the best interest of the adoptee is served by the adoption.

(8) That each petitioner has been cleared through each of the following background checks:

a. Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state.

b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.

c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.

(9) That the petitioner has no known history of failure, to pay child support.

(10) A sworn statement of full accounting of disbursements pursuant to Section 26-10E-22, if applicable, has been filed.

(11) All other requirements of this chapter have been met.

(c) The court shall enter its finding in a written final judgment of adoption, which:

(1) Shall also include the new name of the adoptee after adoption, except: (i) in cases of relative adoption under Section 26-10E-27 where the adoptee shares the relative’s same last name; or (ii) in cases where an adoptee is 14 years of age or older and does not want to change his or her name as provided in Section 26-10E-28, provided that the final judgment may not include any other name by which the adoptee has been known or any names of the former parent;

(2) Shall further order that, from the date of the entry of judgment, the adoptee shall be the child of the petitioner or petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10E-28; and

(3) Shall include any other information required by federal law or federal regulation.
Ala. Code § 26-19A-4 — Alabama Code / Title 26 / Chapter 19A / Section 26-19A-4
Section 26-19A-4 Missing and Endangered Persons Alert - When Activated
Status: in_force

(a) A missing and endangered persons alert shall be activated by the department when an individual is reported missing, lost, or abducted, and an investigation reveals the following:

(1) The individual is living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism and is at risk of bodily harm or death or the individual has been abducted and the department has a reasonable belief that the individual is at risk of bodily harm or death.

(2)a. There is enough descriptive information about the individual to believe an immediate media alert would help investigators locate the individual.

b. For an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism, a statement from a caregiver that the individual lives with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism shall be considered sufficient proof of the mental disability, physical disability, Alzheimer’s disease, dementia, or autism.

(b) A report of a missing and endangered person may be made by a local law enforcement agency to the department as soon as a concerned party or caregiver believes the individual’s missing and the originating local law enforcement agency has entered identifying and descriptive information about the missing and endangered person to the Alabama Center for Missing and Exploited Children and to the National Crime Information Center pursuant to Section 26-19-7. Upon the submission of the report, a search in the missing and endangered person’s local area may begin immediately, and the department may expand the search to include areas outside of the missing and endangered person’s local area if needed.

(c) The department and local law enforcement agencies shall require law enforcement officers and other emergency personnel to complete first responder training for missing persons living with Alzheimer’s disease or other forms of dementia, if the training is available through the department, the Alabama Peace Officers’ Standards and Training Commission, or the free training and certification program offered by the Alzheimer’s Association. If a missing and endangered person report is made for an individual living with Alzheimer’s disease or dementia, the department and local law enforcement agencies shall utilize, if available, personnel who have participated in this training to assist in conducting the search.
Ala. Code § 26-3-11 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-11
Section 26-3-11 Liability of Sureties Upon Certain Conditionally Executed Bonds
Status: in_force

A surety on the bond of the general conservator of the county or on the bond of the conservator of a minor or an incapacitated person cannot avoid liability thereon on the ground that he or she signed or delivered it on condition that it should not be delivered to the judge of probate or should not become perfect unless it was executed by some other person who does not execute it.
Ala. Code § 26-2A-77 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-77
Section 26-2A-77 Consent to Service by Acceptance of Appointment; Notice
Status: in_force

By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the guardian at the guardian’s address listed in the court records and to the address then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by court order or parental appointment.
Ala. Code § 26-3-8 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-8
Section 26-3-8 Giving of New Bond by Conservator Upon Application for Discharge from Liability of Surety - Required; Effect of Failure to Give Bond
Status: in_force

Upon the application in writing of any surety or sureties upon the bond of a conservator requesting to be discharged from future liability as such surety or sureties or upon the application in writing of the personal representative or of an heir or devisee of a deceased surety upon such bond requesting that the estate of such deceased surety be discharged from future liability by reason of such suretyship, it shall be the duty of the court to give such conservator notice of such application and to require him or her, within 15 days after the service of the notice, to make a new bond. Upon the failure to make such bond, such conservator shall be removed and his or her letters revoked and upon such removal he or she shall make settlement of his or her conservatorship. Any number of persons having the right to make application under this section may join in the application.
Ala. Code § 26-2A-134 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-134
Section 26-2A-134 Notice. (Amended by 2026-488)
Status: in_force

AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.

(a) On a petition for appointment of a conservator or other protective order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person to be protected has disappeared or is otherwise situated so as to make personal service of notice impracticable, notice to the person must be given by publication as provided in Section 26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section 26-2A-75 also apply.

(b) Notice, as described in Section 26-2A-103, of any hearing on a petition for an order subsequent to appointment of a conservator or other protective order must be given to the protected person, any conservator of the protected person’s estate, and any other person as ordered by the court.
Ala. Code § 26-23-1 — Alabama Code / Title 26 / Chapter 23 / Section 26-23-1
Section 26-23-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Partial-Birth Abortion Ban Act of 1997.
Ala. Code § 26-22-2 — Alabama Code / Title 26 / Chapter 22 / Section 26-22-2
Section 26-22-2 Definitions
Status: in_force

The following words shall have the following meanings:

(1) ABORTION. The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.

(2) FERTILIZATION. The fusion of a human spermatozoon with a human ovum.

(3) GESTATIONAL AGE. The age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.

(4) HOSPITAL. An institution licensed pursuant to the provisions of the law of this state.

(5) LIVE BIRTH. When used with regard to a human being, means that the human being was completely expelled or extracted from his or her mother and after such separation, breathed or showed evidence of any of the following: Beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or any brain-wave activity.

(6) MEDICAL EMERGENCY. The condition, which, on the basis of the physician’s good-faith clinical judgment, so complicates a pregnancy as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

(7) PREGNANT. The female reproductive condition of having a developing fetus in the body and commences with fertilization.

(8) UNBORN CHILD and FETUS. An individual organism of the species homo sapiens from fertilization until live birth.

(9) VIABLE and VIABILITY. The stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.
Ala. Code § 26-22-1 — Alabama Code / Title 26 / Chapter 22 / Section 26-22-1
Section 26-22-1 Legislative Findings and Intent
Status: in_force

(a) The public policy of the State of Alabama is to protect life, born, and unborn. This is particularly true concerning unborn life that is capable of living outside the womb. The Legislature of the State of Alabama finds there are abortions being done in Alabama after the time of viability and in violation of its public policy.

(b) The Legislature specifically finds the following:

(1) Medical evidence shows there is a survival rate of babies born between ages 23 weeks to 29 weeks gestational age of 64 percent to 94 percent.

(2) In Webster v. Reproductive Health Services, 492 U.S. 499 (1989), the United States Supreme Court determined that viability may occur as early as 23 to 24 weeks gestational age. Also, the United States Supreme Court determined that requiring fetal viability testing at 20 weeks gestational age is constitutional, because there is up to a four week margin of error in determining gestational age.

(3) In the latest year of Alabama statistical reporting, 1994, there were reported to be 182 abortions performed at 20 or more weeks gestational age. There were also 70 abortions performed where no gestational age was stated.

(c) Subject to life and health exceptions to the mother, it is the intent of the Legislature to ban abortions of any unborn child that is capable of living outside the womb. To permit otherwise is a wanton disregard of human life.
Ala. Code § 26-24-33 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-33
Section 26-24-33 County Children’s Policy Councils - Generally
Status: in_force

(a) A county children’s policy council is hereby created in each county of the state. The county children’s policy council shall consist of the following members: A juvenile court judge in each county; the county director of the Department of Human Resources; a county representative of the Department of Mental Health; a county representative of the Department of Youth Services; a county representative of the Department of Rehabilitation Services, the Medicaid Agency, the Alabama State Law Enforcement Agency, and the Alcoholic Beverage Control Board, provided they have a physical presence in the county; the county superintendent of education and any city superintendent of education in the county; the county chief juvenile probation officer; a representative of the county health department; the district attorney; local legislators; the chair of the county commission; the sheriff, and at least seven persons to be appointed by the county children’s policy council from the community including, but not limited to, state and local government officials, practicing attorneys, community organizations, business and industry, and representatives of any other agencies or organizations providing services to families and children in the county.

(b) All members of the county children’s policy council shall serve on the county children’s policy council for two years and until their successors are appointed, except those who serve by virtue of holding a designated office. The county children’s policy council shall be convened at least once each quarter at the call of the chair. The juvenile court judge presiding over the county children’s policy council may nominate a member to serve as chair. At the first meeting of the county children’s policy council, the county children’s policy council shall select its additional council members. If the county children’s policy council deems it necessary or advisable, it may elect other officers and adopt bylaws. The additional officers shall hold office for the period as designated by the county children’s policy council.
Ala. Code § 26-10E-17 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-17
Section 26-10E-17 Notice of Pendency of Adoption Proceeding
Status: in_force

(a) Unless notice has been previously waived as provided in subsection (d), notice of the pendency of an adoption proceeding shall be served by the petitioner on each of the following:

(1) Any individual, agency, or institution whose consent or relinquishment is required.

(2) The legal father of the adoptee.

(3) If no legal father has been determined, the unknown father.

(4) The putative father of the adoptee, if made known to the court, provided the putative father has complied with Section 26-10C-1.

(5) The legal custodian or guardian of the adoptee.

(6) The spouse of a petitioner who is a stepparent unless express consent is attached to the petition.

(7) A grandparent of the adoptee if the grandparent’s child is a deceased parent of the adoptee and, before his or her death, the deceased parent had not executed an express consent or relinquishment or the deceased parent’s parental relationship to the adoptee had not been otherwise terminated.

(8) Any person known to the petitioner or petitioners as currently having physical custody of the adoptee or having visitation rights with the adoptee under an existing court order.

(9) The agency or individual authorized to investigate the adoption under Section 26-10E-19.

(10) The State Department of Human Resources.

(11) If the adoptee is in foster care, the director of the county department of human resources awarded legal custody of the adoptee.

(12) Any other person designated by the court.

(b) The notice shall contain all of the following information:

(1) That a petition for adoption of the adoptee has been filed in the probate court.

(2) That a notified party shall file a written response within 30 days from the time of proper service of the notice stating if he or she intends to contest or support the adoption.

(3) That if the notified party is a party from whom consent is required and he or she fails to file a written response within 30 days of proper service, the court may construe that failure as an implied consent to the adoption and as a waiver of a right to appear and of further notice of the adoption proceedings.

(4) That if the notified party is a party from whom consent is not required and he or she fails to file a written response within 30 days of proper service, the court may construe that failure as a waiver of the right to appear and of further notice of the adoption proceedings.

(5) That if the adoption is approved, the parental rights of the notified party, if any, will be considered terminated.

(c)(1) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure.

(2) If service cannot be perfected in accordance with the Alabama Rules of Civil Procedure, the court may order, in its discretion, an alternative method of notice.

(d) The notice required by this section may be waived in writing by the person entitled to receive notice. A party listed in subdivisions (a)(9), (a)(10), and (a)(11) may appoint an employee to waive notice on its behalf.

(e) Proof of service of the notice on all persons for whom notice is required by this section shall be filed with the court before the hearing of a contested case provided for in Section 26-10E-23.
Ala. Code § 26-2-1 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-1
Section 26-2-1 “Person of Unsound Mind” and “Partially Disabled Person” Defined; Application of Provisions to Partially Disabled Persons
Status: reserved

Repealed by Acts 1987, No. 87-590, p. 975, §2-333(a), effective January 1, 1988.
Ala. Code § 26-1A-102 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-102
Section 26-1A-102 Definitions
Status: in_force

In this chapter:

(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent, and a person to which an agent’s authority is delegated.

(2) “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.

(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(4) “Good faith” means honesty in fact.

(5) “Incapacity” means inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

(B) is:

(i) missing;

(ii) detained, including incarcerated in a penal system; or

(iii) outside the United States and unable to return.

(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(7) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

(8) “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.

(9) “Principal” means an individual who grants authority to an agent in a power of attorney.

(10) “Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.

(11) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(12) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic sound, symbol, or process.

(13) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(14) “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.
Ala. Code § 26-1A-211 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-211
Section 26-1A-211 Estates, Trusts, and Other Beneficial Interests
Status: in_force

(a) In this section, “estates, trusts, and other beneficial interests” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.

(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:

(1) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;

(2) demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of the fund, by litigation or otherwise;

(3) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;

(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;

(6) conserve, invest, disburse, or use anything received for an authorized purpose;

(7) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor; and

(8) reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from the fund.
Ala. Code § 26-24-35 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-35
Section 26-24-35 Juvenile Justice Coordinating Councils Renamed
Status: in_force

All references to the “Alabama Juvenile Justice Coordinating Council” and to “county juvenile justice coordinating councils” in this code, are changed to the “Alabama Children’s Policy Council” and “county children’s policy councils” respectively. All other laws, rules, regulations, and legal references of any kind to the “Alabama Juvenile Justice Coordinating Council” or to “county juvenile justice coordinating councils” shall be changed to the “Alabama Children’s Policy Council” or to “county children’s policy councils” respectively when this code is next reprinted and in other laws, rules, regulations, and legal references as is appropriate, timely, and economically feasible.
Ala. Code § 26-1A-114 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-114
Section 26-1A-114 Agent’s Duties
Status: in_force

(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:

(1) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest;

(2) act in good faith; and

(3) act only within the scope of authority granted in the power of attorney.

(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:

(1) act loyally for the principal’s benefit;

(2) act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;

(3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) cooperate with a person that has authority to make health care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; and

(6) attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:

(A) the value and nature of the principal’s property;

(B) the principal’s foreseeable obligations and need for maintenance;

(C) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and

(D) eligibility for a benefit, a program, or assistance under a statute or regulation.

(c) An agent that acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan.

(d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.

(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines.

(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.

(h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
Ala. Code § 26-2A-147 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-147
Section 26-2A-147 Accounts
Status: in_force

Each conservator shall account to the court for administration of the conservatorship upon resignation or removal and at other times as the court may direct, but if not otherwise directed, the conservator must, at least once in three years, account to the court. If the conservator shall die before making the accounting, the conservator’s personal representative will make the accounting, or if no personal representative has been appointed, the sureties on the conservator’s bond may proceed to make the accounting. On termination or removal of the protected person’s minority or disability, a conservator shall account to the court or to the formerly protected person. An order after notice and hearing allowing an intermediate account of a conservator is a final adjudication as to liabilities concerning the matters considered in connection therewith. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or other party having an interest in the estate for amendment or revision if it later appears that the account is incorrect either because of fraud or mistake. An order, following notice and hearing, allowing a final account is a final adjudication as to all previously unsettled liabilities of the conservator to the protected person or the protected person’s successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical examination of the estate, to be made in any manner the court specifies.
Ala. Code § 26-2B-401 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-401
Section 26-2B-401 Recording of Guardianship Orders
Status: in_force

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may record the guardianship order in this state by recording as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
Ala. Code § 26-9-8 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-8
Section 26-9-8 Procedure for Appointment of Guardian - Notice of Filing of Petition
Status: in_force

Upon the filing of a petition for the appointment of a guardian under the provisions of this chapter, the court shall cause such notice to be given as provided by law.
Ala. Code § 26-22-3 — Alabama Code / Title 26 / Chapter 22 / Section 26-22-3
Section 26-22-3 Prohibition, Exceptions, and Regulations
Status: in_force

(a) Prohibition. Except as provided in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce an abortion when the unborn child is viable.

(b) Exceptions.

(1) It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. No abortion shall be deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible impairment of a major bodily function.

(2) It shall not be a violation of subsection (a) if the abortion is performed by a physician and that physician reasonably believes, after making a determination of the viability of the unborn child in compliance with Section 26-22-4 relating to the determination of viability, that the unborn child is not viable.

(c) Abortion regulated. Except in the case of a medical emergency which, in the reasonable medical judgment of the physician performing the abortion, prevents compliance with a particular requirement of this subsection, no abortion which is authorized under subsection (b)(1) shall be performed unless each of the following conditions are met:

(1) The physician performing the abortion certifies in writing that, based upon his or her medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or serious risk of substantial and irreversible impairment of a major bodily function.

(2) The physician’s judgment with respect to the necessity for the abortion has been concurred in by one other licensed physician who certifies in writing that, based upon his or her separate personal medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.

(3) The abortion is performed in a hospital.

(4) The physician terminates the pregnancy in a manner which provides the best opportunity for the unborn child to survive, unless the physician determines, in his or her good faith medical judgment, that termination of the pregnancy in that manner poses a significantly greater risk either of the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman than would other available methods.

(5) The physician performing the abortion arranges for the attendance, in the same room in which the abortion is to be completed, of a second physician who shall take control of the child immediately after complete extraction from the mother and shall provide immediate medical care for the child, taking all reasonable steps necessary to preserve the child’s life and health.

(d) Penalty. Any person who violates subsection (a) commits a Class A felony. Any person who violates subsection (c) commits a Class C felony.
Ala. Code § 26-23E-11 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-11
Section 26-23E-11 Promulgation of Rules
Status: in_force

The Board of Health shall publish amended rules for abortion and reproductive health care centers that are consistent with this chapter by December 28, 2013. Such rules shall take effect within the time frame required by the Alabama Administrative Procedure Act.
Ala. Code § 26-8-52 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-52
Section 26-8-52 Foreign Conservator to Execute and Deliver Receipts for Money or Property Removed from State
Status: in_force

When a foreign conservator receives any money or property to be removed to another state under any of the provisions of this article, he or she shall execute and deliver to the person or officer from whom he or she receives such money or property receipts therefor, in duplicate, one of which must be by such person or officer duly forwarded by mail to the presiding officer of the court from which such conservator received his or her appointment.
Ala. Code § 26-17-202 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-202
Section 26-17-202 No Discrimination Based on Marital Status
Status: in_force

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.
Ala. Code § 26-2A-151 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-151
Section 26-2A-151 Persons Dealing with Conservators; Protection
Status: in_force

(a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in Section 26-2A-136 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in Section 26-2A-154 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.

(b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or to simplify transfers of securities by fiduciaries.
Ala. Code § 26-15-3.1 — Alabama Code / Title 26 / Chapter 15 / Section 26-15-3.1
Section 26-15-3.1 Aggravated Child Abuse
Status: in_force

(a)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse if he or she does any of the following:

a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than one occasion.

b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.

c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.

(2) The crime of aggravated child abuse is a Class B felony.

(b)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse of a child under the age of six if he or she does any of the following to a child under the age of six years:

a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than two occasions.

b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.

c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.

(2) The crime of aggravated child abuse of a child under the age of six is a Class A felony.
Ala. Code § 26-23F-6 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-6
Section 26-23F-6 Violations
Status: in_force

(a) Except as provided in subsection (b), any person who knowingly violates any provision of Section 26-23F-5 shall be guilty of a Class D felony for each violation.

(b) Any person who experiments on a living unborn infant or the bodily remains of a deceased unborn infant, experiments upon an unborn infant who is intended to be aborted, or performs or offers to perform an abortion where part or all of the justification or reason for the abortion is that the bodily remains may be used for research or experimentation in violation of Section 26-23F-5 shall be guilty of a Class C felony.
Ala. Code § 26-23F-5 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-5
Section 26-23F-5 Sale or Other Disposition of Bodily Remains of Unborn Infant
Status: in_force

(a)(1) No person shall knowingly accept compensation or payment for the sale, transfer, distribution, acceptance, use, or attempted use of the fetal organs, tissue, or bodily remains of a deceased unborn infant for research, therapy, transplantation, or experimentation.

(2) No institution, entity, or individual shall knowingly provide any compensation or payment to any other person, organization, or entity for the removal, transfer, storage, processing, preservation, quality control, implantation, transportation, distribution, disposal, or other manner of disposition of the bodily remains of a deceased unborn infant for research, therapy, transplantation, experimentation, or any other prohibited purpose under this chapter.

(b) No person shall knowingly aid or abet in any prohibited activity under subsection (a).

(c) No person shall use an unborn infant, living or deceased, in research or experimentation. Nothing in this section shall affect the use described herein pursuant to the Revised Uniform Anatomical Gift Act.

(d) No person shall perform or offer to perform an abortion where part or all of the justification or reason for the abortion is that the bodily remains may be used for research, therapy, transplantation, or experimentation.
Ala. Code § 26-17-509 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-509
Section 26-17-509 Deceased Individual
Status: in_force

For good cause shown, the court may order genetic testing of a deceased individual.
Ala. Code § 26-17-4 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-4
Section 26-17-4 Parent and Child Relationship - How Established
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-19A-1 — Alabama Code / Title 26 / Chapter 19A / Section 26-19A-1
Section 26-19A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Missing and Endangered Persons Alert Act.
Ala. Code § 26-5-52 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-52
Section 26-5-52 Succeeding Conservator, Etc., May Secure Order Requiring Sureties to Make Settlement in Probate Court
Status: in_force

In any case where a conservator shall die without having made a final settlement of his or her conservatorship and a successor is appointed, such succeeding conservator or ward or the cestui que trust may by petition to the court in which such estate is pending have an order requiring the sureties on such bond to make settlement of such estate in the court after 10 days’ notice of the day fixed by the judge thereof.
Ala. Code § 26-9-17 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-17
Section 26-9-17 Compensation of Guardian Generally
Status: in_force

Compensation payable to a guardian shall not exceed five percent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the administration in the manner provided in Section 26-9-14. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his or her ward reasonable premiums paid by him or her to any corporate surety upon his or her bond.
Ala. Code § 26-23G-2 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-2
Section 26-23G-2 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(1) ABORTION. The same as defined in Section 26-21-2.

(2) ATTEMPT TO PERFORM AN ABORTION.

a. To do or omit to do anything that, under the circumstances as the actor believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in the actor performing an abortion. Such substantial steps include, but are not limited to, any of the following:

1. Agreeing with an individual to perform an abortion on that individual or on some other individual, whether or not the term abortion is used in the agreement, and whether or not the agreement is contingent on another factor, such as receipt of payment or a determination of pregnancy.

2. Scheduling or planning a time to perform an abortion on an individual, whether or not the term abortion is used, and whether or not the performance is contingent on another factor, such as receipt of payment or a determination of pregnancy.

b. This definition may not be construed to require that an abortion procedure actually be initiated for an attempt to occur.

(3) DISMEMBERMENT ABORTION. With the purpose of causing the death of an unborn child, purposely to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp, or any combination of the foregoing, a portion of the unborn child’s body to cut or rip it off. This definition does not include an abortion which uses suction to dismember the body of the developing unborn child by sucking fetal parts into a collection container. This definition includes an abortion in which a dismemberment abortion is used to cause the death of an unborn child and suction is subsequently used to extract fetal parts after the death of the unborn child.

(4) PHYSICIAN. An individual licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion in the state.

(5) PURPOSELY. An individual acts purposely with respect to a material element of an offense when:

a. If the element involves the nature of his or her conduct or a result thereof, it is his or her conscious objective to engage in conduct of that nature or to cause such a result.

b. If the element involves the attendant circumstances, he or she is aware of the existence of such circumstances or he or she believes or hopes that they exist.

(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD’S MOTHER. In reasonable medical judgment, the child’s mother has a condition that so complicates her medical condition that it necessitates the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such condition may be determined to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.

(7) WOMAN. A female human being, whether or not she has reached the age of majority.
Ala. Code § 26-10D-3 — Alabama Code / Title 26 / Chapter 10D / Section 26-10D-3
Section 26-10D-3 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(1) ADVERSE ACTION. With respect to a child placing agency, any action that materially alters the license under a state program, including any of the following:

a. Taking an enforcement action against the entity.

b. Refusing to issue a license.

c. Refusing to renew a license.

d. Revoking a license.

e. Suspending a license

(2) CHILD PLACING AGENCY. A private child-care facility which receives no federal or state funds and which receives, places, or arranges for the placement of any child or children in adoptive or foster family homes apart from the custody of the child’s or children’s parents, in accordance with the Alabama Child Care Act of 1971, Chapter 7, Title 38.

(3) CHILD PLACEMENT SERVICE. The placement of any child or children for adoption in an adoptive home or in a foster home, apart from the custody of the child’s or children’s parents.
Ala. Code § 26-18-4 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-4
Section 26-18-4 Applicability of Rules of Juvenile Procedure; Allegation and Proof of Ability to Assume Custody of Child
Status: reserved

Repealed by Act 2008-277, §30, effective January 1, 2009.
Ala. Code § 26-8-23 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-23
Section 26-8-23 Preparation, Certification, and Filing of Record of Proceedings; Grant of Guardianship or Conservatorship and Filing of Transcript Thereof; Removal; Powers of Guardian or Conservator as to Recovery, Receipt, Etc., of Property of Minor or Ward
Status: in_force

If the removal authorized is of the person and property of the minor or ward, a transcript of the record of the proceedings must be made and certified and filed in the court of probate of the county to which the removal is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship or conservatorship of the person or conservatorship of property of the minor or ward, and on such grant being made and a transcript thereof, duly certified, being filed in the court of probate authorizing the removal, such removal may be made. The conservator so appointed has full authority to demand, recover, and receive the property of the minor or ward from and after the making of the removal.
Ala. Code § 26-17-604 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-604
Section 26-17-604 Personal Jurisdiction
Status: in_force

(a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.

(b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 30-3A-201 are fulfilled.

(c) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
Ala. Code § 26-15-4 — Alabama Code / Title 26 / Chapter 15 / Section 26-15-4
Section 26-15-4 Effect of Chapter Upon Existing Rights or Liabilities, Pending Prosecutions, Etc
Status: in_force

All proceedings pending and all rights and liabilities existing, acquired, or incurred on May 11, 1977, are hereby saved and may be consummated according to the law in force when they were commenced. This chapter shall not be construed to affect any prosecution pending or begun before May 11, 1977.
Ala. Code § 26-2A-146 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-146
Section 26-2A-146 Inventory and Records
Status: in_force

(a) Within 90 days after appointment, each conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide a copy thereof to the protected person if practicable and the person has attained the age of 14 years. A copy also shall be provided to any guardian or parent with whom the protected person resides.

(b) The conservator shall keep suitable records of the administration and exhibit the same on request of any interested person.
Ala. Code § 26-10B-2 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-2
Section 26-10B-2 Purpose
Status: in_force

The purpose of this chapter is to authorize the State Department of Human Resources to enter into interstate agreements with agencies of other states for the protection of children for whom adoption assistance is being provided by the State Department of Human Resources, and to provide procedures for interstate adoption assistance payments for children, including medical payments.
Ala. Code § 26-10E-31 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-31
Section 26-10E-31 Birth Certificates
Status: in_force

(a) Within 10 days of the final judgment being entered, the judge or the clerk of the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources electronically or by United States mail and shall send a copy of the certified final judgment of adoption to the Office of Vital Statistics electronically or by United States mail with the report of adoption in the format developed by the Office of Vital Statistics.

(b) Upon receipt of a copy of a certified final judgment of adoption from the judge or the clerk of the court for an individual born in this state, the Office of Vital Statistics shall prepare a new record of birth reflecting the registrant’s new name and the name of each adoptive parent as contained in the final judgment and report of adoption. The Office of Vital Statistics shall then place the evidence of adoption along with the original certificate of birth in a sealed file. A Certificate of Foreign Birth and sealed file, upon request, shall be created for a foreign-born individual adopted in a court in this state as provided in Section 22-9A-12(i).

(c) The new certificate of birth shall be prepared on the form or in the format prescribed by the Office of Vital Statistics following the requirements in Section 22-9A-12, Section 22-9A-19, and Title 420 of the Alabama Administrative Code, or any other rule adopted by the State Board of Health.

(d) There shall be no more than two parents listed on a new or amended birth certificate. If two parents are designated in the final judgment of adoption, those individuals are required to be married to each other at the time the final judgment of adoption is entered.

(e) A new certificate of birth shall be prepared by the Office of Vital Statistics in accordance with the current laws and rules of this state following a final judgment of adoption being entered in another state, the District of Columbia, a territory of the United States, or a foreign country.

(f) Except as otherwise provided by Section 22-9A-12(c), after the new birth certificate has been filed, the original birth certificate and the evidence of adoption are not subject to inspection except upon order of a court of competent jurisdiction for good cause shown.
Ala. Code § 26-17-7 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-7
Section 26-17-7 Style of Proceedings; Prosecution of Proceedings
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-23H-4 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-4
Section 26-23H-4 Abortion Prohibited; Exception
Status: in_force

(a) It shall be unlawful for any person to intentionally perform or attempt to perform an abortion except as provided for by subsection (b).

(b) An abortion shall be permitted if an attending physician licensed in Alabama determines that an abortion is necessary in order to prevent a serious health risk to the unborn child’s mother. Except in the case of a medical emergency as defined herein, the physician’s determination shall be confirmed in writing by a second physician licensed in Alabama. The confirmation shall occur within 180 days after the abortion is completed and shall be prima facie evidence for a permitted abortion.
Ala. Code § 26-16-110 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-110
Section 26-16-110 Short Title
Status: in_force

This article shall be known and may be cited as the Sudden Unexplained Infant Death Investigation Act.
Ala. Code § 26-17-621 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-621
Section 26-17-621 Admissibility of Results of Genetic Testing; Expenses
Status: in_force

(a) Except as otherwise provided in subsection (c), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects in writing to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:

(1) voluntarily or pursuant to an order of the court or the Alabama Department of Human Resources; or

(2) before or after the commencement of the proceeding.

(b) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.

(c) Copies of bills for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 30 days before the date of a hearing are admissible unless objected to by the adverse party to establish:

(1) the amount of the charges billed; and

(2) that the charges were reasonable, necessary, and customary.
Ala. Code § 26-10-20 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-20
Section 26-10-20 Short Title
Status: in_force

This article should be known and may be cited as the Alabama Subsidized Adoption Act.
Ala. Code § 26-2A-50 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-50
Section 26-2A-50 Notice; Method and Time of Giving
Status: in_force

(a) If notice of a hearing on any petition is required, other than a notice meeting specific notice requirements otherwise provided under Sections 26-2A-103, 26-2A-107.1, 26-2A-134, and 26-2A-136.1, the petitioner shall cause notice of the time and place of the hearing of any petition to be given to the person to be notified or to the attorney if the person has appeared by attorney or requested that notice be sent to an attorney.

(b) Notice shall be given by service in the manner provided for service of summons in the Alabama Rules of Civil Procedure, except as follows:

(1) If by certified mail or commercial carrier, the notice shall be sent at least 14 days before the time set for the hearing and addressed to the person being notified using the post office address given in the request for notice, if any, or to the person’s office or place of residence, if known.

(2) If by process server, by delivering the notice to the person being notified at least 10 days before the time set for the hearing.

(3) If by publication when the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing a copy of the notice at least once a week for three consecutive weeks in a newspaper having general circulation in the county in which the hearing is to be held, the last publication of which shall be at least 10 days before the time set for the hearing.

(c) The court for good cause shown may provide for a different method or time of giving notice for any hearing.

(d) Proof of the giving of notice must be made not later than the hearing and filed in the proceeding.
Ala. Code § 26-2A-76 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-76
Section 26-2A-76 Court Appointment of Guardian of Minor; Qualifications; Priority of Minor’s Nominee
Status: in_force

The court may appoint as guardian any person whose appointment would be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 or more years of age, unless the court finds the appointment contrary to the best interest of the minor.
Ala. Code § 26-1B-3 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-3
Section 26-1B-3 Conditions for Execution of a Supported Decision-Making Agreement
Status: in_force

(a) An adult may not enter into a supported decision-making agreement as an alternative to guardianship or conservatorship unless the adult meets both of the following conditions:

(1) The adult enters into the agreement voluntarily and without coercion or undue influence.

(2) The adult understands the nature and effect of the agreement.

(b) An adult may make, change, or revoke a supported decision-making agreement.

(c) A court may not consider an adult’s execution of a supported decision-making agreement as evidence of the adult’s incapacity. The existence of an executed supported decision-making agreement does not preclude the adult from acting independently of the supported decision-making agreement.

(d) An adult may not enter into a supported decision-making agreement under this section if the agreement supplants the authority of a guardian or conservator of the adult.

(e) No third-party individual or entity may require an adult to execute a supported decision-making agreement for any purpose. For the purposes of this chapter, the term “third-party individual or entity” does not include a guardian or conservator.
Ala. Code § 26-5-6 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-6
Section 26-5-6 Partial Settlement - Presumption as to Correctness Upon Final Settlement; Reexamination, Etc., of Items of Account
Status: in_force

Upon the final settlement, a partial settlement must be taken and presumed as correct, but any item of the account may be reexamined and, if, on reexamination, it is found incorrect, the item must be disallowed or allowed only so far as its correctness may appear.
Ala. Code § 26-2B-202 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-202
Section 26-2B-202 Exclusive Basis
Status: in_force

This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
Ala. Code § 26-23-4 — Alabama Code / Title 26 / Chapter 23 / Section 26-23-4
Section 26-23-4 Life of Mother Exception
Status: in_force

Section 26-23-3 shall not apply to a partial-birth abortion that is necessary to save the life of a mother.
Ala. Code § 26-17-309 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-309
Section 26-17-309 Procedure for Rescission or Challenge
Status: in_force

(a) Every signatory to an acknowledgment of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment.

(b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment, effective upon the filing of the document with the Alabama Office of Vital Statistics.

(c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.

(d) A judicial proceeding to rescind or challenge an acknowledgment of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under Article 6.

(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity, the court shall order the Alabama Office of Vital Statistics to amend the birth record of the child, if appropriate.
Ala. Code § 26-9-13 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-13
Section 26-9-13 Commitment of Incompetent Veteran to Veterans’ Hospital
Status: in_force

Whenever it appears that an incompetent veteran of any war, military occupation, or expedition is eligible for treatment in a United States veterans’ hospital and commitment to such hospital is necessary for the proper care and treatment of such veteran, the courts of this state are hereby authorized to communicate with the administration with reference to available facilities and eligibility and, upon receipt of a certificate from the administration stating that there are facilities available in a United States veterans’ hospital and that the veteran is entitled to hospitalization therein, the court may then direct such veteran’s commitment to such United States veterans’ hospital. Thereafter such veteran upon admission shall be subject to the rules and regulations of such hospital and the officials of such hospital shall be vested with the same powers now exercised by superintendents of state hospitals for mental diseases within this state with reference to the retention of custody of the veteran so committed. Notice of such pending proceedings shall be furnished the person so committed, and his or her right to appear and defend shall not be denied.
Ala. Code § 26-19-8 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-8
Section 26-19-8 Duties of Law Enforcement Agencies Upon Locating Missing Person
Status: in_force

Immediately after a missing person is located, or an unidentified deceased person is subsequently identified, the law enforcement agency which locates or returns the missing person, or which identifies a previously unidentified deceased person, shall notify the law enforcement agency having jurisdiction over the investigation, and that agency shall cancel the entry from the state CJIC, the NCIC computer, and from ACMEC.
Ala. Code § 26-10F-16 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-16
Section 26-10F-16 Name and Status of Adoptee
Status: in_force

(a) A judgment granting a petition for adoption of an adult may order a change in the name of the adoptee unless the court finds that the change of name is requested for fraudulent or criminal purposes; provided, however, that the court may not change the name of an adoptee who is a sex offender as provided in Section 15-20A-36.

(b) After the final judgment of adoption, the adoptee shall be treated as the legal child of each adopting parent and shall have all rights and be subject to all the duties arising from that relation.

(c) Upon the final judgment of adoption, the biological or legal parents of the adoptee, except for a biological or legal parent who is the spouse of the adopting parent, are relieved of all parental rights and responsibilities for the adoptee.
Ala. Code § 26-9-19 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-19
Section 26-9-19 Construction and Applicability of Chapter
Status: in_force

(a) This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the administration.

(b) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
Ala. Code § 26-5-53 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-53
Section 26-5-53 Settlement Conclusive
Status: in_force

In all such cases provided for in Section 26-5-52, the settlement therein provided for shall be final and conclusive against such sureties, save the right of review by appeal or otherwise as now provided by law.
Ala. Code § 26-2B-209 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-209
Section 26-2B-209 Proceedings in More Than One State
Status: in_force

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed with the case unless a court in another state issues an order establishing jurisdiction under provisions similar to Section 26-2B-203 before the appointment or issuance of an order by the court in this state.

(2) If the court in this state does not have jurisdiction under Section 26-2B-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Ala. Code § 26-14-5 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-5
Section 26-14-5 Contents of Reports
Status: in_force

The reports provided for in this chapter shall state, if known, the name of the child, his or her whereabouts, the names and addresses of the parents, guardian, or caretaker, and the character and extent of his or her injuries. The written report shall also contain, if known, any evidence of previous injuries to the child and any other pertinent information which might establish the cause of such injury or injuries, and the identity of the person or persons responsible for the same.
Ala. Code § 26-23E-12 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-12
Section 26-23E-12 Violations
Status: in_force

(a) Any person other than a physician who performs or attempts to perform an abortion, including the prescription, dispensing, or administration of abortion-inducing drug, shall be guilty of a Class C felony.

(b) Any person who prescribes, dispenses, or administers an abortion-inducing drug without first examining the patient in person shall be guilty of a Class C felony.

(c) The administrator of an abortion or reproductive health center who knowingly and willfully permits the facility to be operated in a manner that violates Section 26-23E-4, Section 26-23E-5, Section 26-23E-6, or Section 26-23E-7 shall be guilty of a Class C felony.

(d) The administrator of an abortion or reproductive health center who knowingly and willfully violates subsection (b) of Section 26-23E-10 shall be guilty of a Class A misdemeanor.
Ala. Code § 26-2A-139 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-139
Section 26-2A-139 Bond
Status: in_force

(a) The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator’s control, plus one year’s estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land.

(b) The court may at any time reduce the bond of the conservator or require the conservator to provide additional or larger bond as may seem to be proper or necessary to protect the interests of the protected person.

(c) Any individual, who is authorized under this chapter to nominate a conservator by will or other writing, may, by express provision in the will or other writing nominating the conservator, exempt the conservator from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases:

(1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the ward or the estate of the protected person makes affidavit, showing the affiant’s interest and alleging that the interest is, or will be, endangered for want of security; or

(2) When, in the opinion of the court, the estate is likely to be wasted, to the prejudice of any person interested therein.

(d) In the cases provided for by subsection (c), upon application for the conservator to give bond, the conservator may show cause against applications of the exceptions and must have notice as the judge may deem reasonable; but if the conservator is not in the state, the application may be heard and determined without notice.
Ala. Code § 26-2A-109 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-109
Section 26-2A-109 Termination of Guardianship for Incapacitated Person
Status: in_force

The authority and responsibility of a guardian of an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, upon transfer to another state as provided in Section 26-2B-301, or upon removal or resignation as provided in Section 26-2A-110. Termination does not affect a guardian’s liability for prior acts or the obligation to account for funds and assets of the ward.
Ala. Code § 26-2A-154 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-154
Section 26-2A-154 Enlargement or Limitation of Powers of Conservator
Status: in_force

Subject to the restrictions in Section 26-2A-136(c), a court having equity jurisdiction may confer on a conservator at the time of appointment or later, in addition to the powers conferred by Sections 26-2A-152 and 26-2A-153, any power that the court itself could exercise under Sections 26-2A-136(b)(2) and 26-2A-136(b)(3). The court, at the time of appointment or later, may limit the powers of a conservator otherwise conferred by Sections 26-2A-152 and 26-2A-153 or previously conferred by the court and may at any time remove or modify any limitation. If the court limits any power conferred on the conservator by Section 26-2A-152 or Section 26-2A-153, or specifies, as provided in Section 26-2A-148(a), that title to some but not all assets of the protected person vests in the conservator, the limitation or specification of assets subject to the conservatorship must be endorsed upon the letters of appointment.
Ala. Code § 26-5-11 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-11
Section 26-5-11 Final Settlement Generally - Rendition and Recordation of Decree as to Vouchers and Account; Recordation of Account and Vouchers
Status: in_force

After the examination of the vouchers and the audit and statement of the account, the court must render a decree passing the same and declaring the amount due the ward, if there be any amount due him or her, which must be entered of record. The account and vouchers must be recorded.
Ala. Code § 26-16-99 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-99
Section 26-16-99 Duties of Coroner/Medical Examiner
Status: in_force

The duties of the coroner/medical examiner shall include the following:

(1) Except in locations where a county medical examiner has jurisdiction, the coroner or a person acting in a professional capacity shall report the death of a child by telecommunications to the medical examiner or his or her representative as soon as possible upon discovery.

(2) Upon receipt of a report of a child death, the county medical examiner or state medical examiner shall determine whether the death appears to be unexpected/unexplained. If the death appears to be unexpected/unexplained, the county medical examiner or state medical examiner shall commence an investigation of the death consisting of a postmortem examination conducted by a state or county medical examiner. Upon the recommendation of the state medical examiner, with authorization from a district attorney, an autopsy may be conducted. A county medical examiner may conduct an autopsy at his or her discretion as authorized by existing statutes. This section should not be interpreted as mandating an autopsy. In a case where an autopsy is not performed, the postmortem examination shall consist of an external examination.
Ala. Code § 26-17A-1 — Alabama Code / Title 26 / Chapter 17A / Section 26-17A-1
Section 26-17A-1 Reopening of Paternity Case
Status: in_force

(a) Upon petition of the defendant in a paternity proceeding where the defendant has been declared the legal father, the case shall be reopened if there is scientific evidence presented by the defendant that he is not the father. The court shall admit into evidence any scientific test recognized by the court that has been conducted in accordance with established scientific principles or the court may order a blood test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court orders a test and any of the persons to be tested refuse to submit to the test, the fact shall be disclosed at the trial, unless good cause is shown.

(b) The test shall be made by a qualified expert approved by the court. The expert may be called by the court or any party as a witness to testify to the test results and shall be subject to cross-examination by the parties. The test results may be admitted into evidence. If more than one test is performed and the results are conflicting, none of the test results shall be admissible as evidence of paternity or nonpaternity.

(c) Compensation of the expert witness shall be paid by the petitioner.

(d) In the event the child has been adopted the matter of paternity may not be reopened under this chapter.
Ala. Code § 26-17-511 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-511
Section 26-17-511 Confidentiality of Genetic Testing
Status: in_force

An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a Class A misdemeanor.
Ala. Code § 26-3-4 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-4
Section 26-3-4 Requirement by Probate Court of Bond from Testamentary Conservator of Minor; Effect of Failure to Give Bond
Status: in_force

Before the issue of letters of conservatorship to a testamentary conservator relieved from giving bond and sureties or at any time thereafter, if the judge of probate deems it necessary for the safety of such minor child or children, he or she may require of such conservator bond with sufficient sureties, or, on the application of such minor child or children by next friend and for good cause shown, he or she may require of such conservator bond with sufficient sureties. In either case, if such conservator fails for 10 days after the requisition of such bond to give the same, the judge of probate must withhold from his or her letters of conservatorship or, if letters have issued, must remove him or her and recall and revoke such letters.
Ala. Code § 26-16-5 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-5
Section 26-16-5 Child Abuse and Neglect Prevention Board - Public Biannual Meetings Required; Notice; Books, Records, Etc., to Be Public Records
Status: in_force

(a) The business of the state board shall be conducted at public meetings held in compliance with Chapter 25A of Title 36. The board shall hold two regular public meetings each year and may hold such special meetings as in the opinion of the chairman or a majority of the board are needed to transact the business of the board. Notice of the time, date, and place of each meeting shall be given in the manner and for the time prescribed therefor by the board.

(b) All books, records, and documents pertaining to the board or the performance of any official function of the board shall be public records and open to the public at all reasonable times.
Ala. Code § 26-17-305 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-305
Section 26-17-305 Effect of Acknowledgment of Paternity
Status: in_force

(a) Except as otherwise provided in Sections 26-17-307 and 26-17-308, a valid acknowledgment of paternity filed with the Alabama Office of Vital Statistics shall be considered a legal finding of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.

(b) An acknowledgment of paternity shall be a legally sufficient basis for establishing an obligation for child support and for the expenses of the mother’s pregnancy and confinement.
Ala. Code § 26-19A-5 — Alabama Code / Title 26 / Chapter 19A / Section 26-19A-5
Section 26-19A-5 Missing and Endangered Persons Alert - Activation
Status: in_force

Once a determination has been made to activate the missing and endangered person media alert, the department shall do the following:

(1) Issue a local media alert via email indicating that an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism is missing, or an individual has been abducted, and the individual is believed to be in danger.

(2) Prepare and send via email the information and description of the missing and endangered person to the media in the appropriate area.

(3) Supplement the information by descriptions or photographs of the individual to the media and the public through the following:

a. Email description.

b. Post the missing and endangered person’s photograph on the department’s website.

(4)a. Once the missing and endangered person is found or the case is closed, the initiating law enforcement agency shall notify the department, which shall distribute a media alert cancellation.

b. Law enforcement officials shall notify other agencies of the cancellation.
Ala. Code § 26-2B-301 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-301
Section 26-2B-301 Transfer of Guardianship or Conservatorship to Another State
Status: in_force

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act.

(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).

(d) The court shall issue a provisional order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and

(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.

(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:

(1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection (b) of Section 26-2B-201;

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and

(3) adequate arrangements will be made for management of the protected person’s property.

(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:

(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 26-2B-302; and

(2) the documents required to terminate a guardianship or conservatorship in this state.

(g) The court may appoint a guardian ad litem to represent the best interests of the incapacitated or protected person in any proceeding initiated by petition under subsection (a) and may require prepayment of guardian ad litem fees.
Ala. Code § 26-17-22 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-22
Section 26-17-22 Hospital Paternity Acknowledgement Program
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-2A-2 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-2
Section 26-2A-2 Rule of Construction; Purposes
Status: in_force

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this chapter are to:

(1) Simplify and clarify the law concerning the affairs of minors, missing or disappeared persons, protected persons, and incapacitated persons;

(2) Promote a speedy and efficient system for managing and protecting the estates of protected persons so that assets may be preserved for application to the needs of protected persons and their dependents;

(3) Provide a system of general and limited guardianships for minors and incapacitated persons and to coordinate guardianships and protective proceedings concerned with management and protection of estates of incapacitated persons; and

(4) Make uniform the law among the various jurisdictions.
Ala. Code § 26-17-608 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-608
Section 26-17-608 Estoppel to Deny Paternity
Status: in_force

(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a complaint seeking to disprove paternity if the court determines that:

(1) the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and

(2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.

(b) When determining whether to deny the complaint, the court shall consider the following factors:

(1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;

(2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child;

(3) the facts surrounding the presumed or acknowledged father’s discovery of his possible nonpaternity;

(4) the nature of the relationship between the child and the presumed or acknowledged father;

(5) the age of the child;

(6) the harm that may result to the child if presumed or acknowledged paternity is successfully disproved;

(7) the nature of the relationship between the child and any alleged father;

(8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and

(9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.

(c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
Ala. Code § 26-19B-2 — Alabama Code / Title 26 / Chapter 19B / Section 26-19B-2
Section 26-19B-2 Emergency Missing Child Alert System Established; Implementation
Status: in_force

(a) There is established a statewide Emergency Missing Child Alert System to be developed and implemented by the Secretary of the Alabama State Law Enforcement Agency, or his or her designee, who shall serve as the state coordinator of the alert system.

(b) The agency shall implement this system in conjunction with any existing missing child notification system used by the agency.

(c) All local law enforcement agencies shall participate in the alert system.
Ala. Code § 26-17-623 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-623
Section 26-17-623 Admission of Paternity Authorized
Status: in_force

(a) A defendant in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a verified pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.

(b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
Ala. Code § 26-10E-6 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-6
Section 26-10E-6 Who May Be Adopted
Status: in_force

Any minor who is available for adoption may be adopted under this chapter.
Ala. Code § 26-17-2 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-2
Section 26-17-2 Parent and Child Relationship - Defined
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-17-609 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-609
Section 26-17-609 Limitation: Child Having Acknowledged
Status: in_force

(a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity may maintain a proceeding seeking to rescind the acknowledgment or challenge the paternity of the child only within the time allowed under Section 26-17-307 or 26-17-308.

(b) If a child has an acknowledged father, an individual, who is not a signatory to the acknowledgment of paternity and who seeks an adjudication of paternity of the child may maintain a proceeding at any time after the effective date of the acknowledgment if the court determines that it is in the best interest of the child.
Ala. Code § 26-2A-6 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-6
Section 26-2A-6 Facility of Payment or Delivery; Notice of Payment
Status: in_force

(a) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts as provided in this subsection, by paying or delivering the money or personal property to: (1) Any person having the care and custody of the minor and with whom the minor resides; (2) A guardian of the minor; or (3) The judge of probate of the county in which the minor resides, if a resident of this state, or, if a nonresident, to the judge of probate or like officer of the county in which the debtor or creditor resides. Payments under this subsection must not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments, and payments, by any person other than a conservator or judge, must not exceed a maximum of $25,000 during the minority of the minor ward. The person obligated to make payment is discharged of that duty or obligation by making the payment or delivery and filing a notice of such payment with the probate judge of the county in which the minor resides, if a resident of this state, or, if a nonresident, with the judge of probate or like officer of the county in which the debtor or creditor resides.

(b) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.

(c) Persons, receiving money or personal property for a minor, are obligated to apply the money to the health, support, education, or maintenance of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor’s support. A person who receives money or personal property for a minor is obligated to preserve the money and personal property, except to the extent necessary for the health, support, education, or maintenance of the minor, and any balance not so used and any personal property received for the minor must be turned over to the minor when majority is attained. A person who pays or delivers money or property in accordance with provisions of this section is not responsible for the proper application thereof.
Ala. Code § 26-17-313 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-313
Section 26-17-313 Release of Information
Status: in_force

The affidavit of paternity shall be considered a confidential record and access shall be available in the same manner as birth records. The affidavit of paternity shall not be subject to the provisions of Section 22-9A-12(c) and shall be released by the Office of Vital Statistics to the Department of Human Resources upon request by the department and payment of any fee required by the Office of Vital Statistics for the purpose of child support enforcement or any other lawful purpose without the necessity of a court order.
Ala. Code § 26-2B-102 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-102
Section 26-2B-102 Definitions
Status: in_force

In this chapter, the following terms shall have the following meanings:

(1) ADULT. An individual who has attained 19 years of age or who by statute has otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of another state.

(2) CONSERVATOR. A person appointed by the court to administer the property of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.

(3) COURT. A probate court of this state and includes an appropriate court of another state.

(4) GUARDIAN. A person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.

(5) GUARDIANSHIP. An order appointing a guardian.

(6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.

(7) INCAPACITATED PERSON. An adult for whom a guardian has been appointed.

(8) PARTY. The respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.

(9) PERSON. Except as used in the term incapacitated person or protected person, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10) PROTECTED PERSON. An adult for whom a protective order has been issued.

(11) PROTECTIVE ORDER. An order appointing a conservator or other order related to management of an adult’s property.

(12) PROTECTIVE PROCEEDING. A judicial proceeding in which a protective order is sought or has been issued.

(13) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(14) RESPONDENT. An adult for whom a protective order or the appointment of a guardian is sought.

(15) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
Ala. Code § 26-2A-30 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-30
Section 26-2A-30 Territorial Application
Status: in_force

Except as otherwise provided in this chapter, it applies to:

(1) Affairs and estates of disappeared persons, and persons to be protected, domiciled in this state;

(2) Property located in this state of nondomiciliaries who are disappeared persons or persons to be protected, or property coming into the control of a guardian or conservator who is subject to the laws of this state; and

(3) Incapacitated persons and minors in this state.
Ala. Code § 26-8-47 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-47
Section 26-8-47 Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Discharge of Resident Administrator, Etc
Status: in_force

Such order is a discharge of the executor, administrator, or other person in whose possession such property may be at the time of the order made.
Ala. Code § 26-2A-103 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-103
Section 26-2A-103 Notice in Guardianship Proceeding
Status: in_force

(a) Except as provided in Section 26-2A-107.1, in a proceeding for the appointment of a guardian of an incapacitated person, notice of hearing shall be given to each of the following:

(1) The respondent, the respondent’s spouse, if any, and adult children, or if none, parents.

(2) Any person who is serving as guardian or conservator or who has the care and custody of the respondent.

(3) In case no other person is notified under subdivision (1), at least one of the nearest adult relatives residing in this state, if any can be found.

(4) Any other person as directed by the court.

(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given to the respondent, the guardian, and any other person as ordered by the court.

(c) Notice must be served on the respondent as provided in Section 26-2A-50(b)(2). Notices to other persons as required by subsection (a) or (b) shall be served as provided in Section 26-2A-50.

(d) The respondent may not waive notice.
Ala. Code § 26-10E-10 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-10
Section 26-10E-10 Consent to Adoption or Relinquishment for Adoption - Persons from Whom Consent Is Not Required
Status: in_force

Notwithstanding the provisions of Section 26-10E-7, the consent of the following individuals shall not be required for an adoption or relinquishment for adoption:

(1) A parent of the adoptee whose rights with reference to the adoptee have been terminated by a final judgment of a court of this state or any other state.

(2) A parent of the adoptee who has been adjudged incompetent or incapacitated pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and whose mental disability is likely to continue for so long a period that it would be detrimental to the adoptee to delay adoption until restoration of the parent’s competency or capacity. The court shall appoint independent counsel or a guardian ad litem for an incompetent or incapacitated parent for whom there has been no such prior appointment.

(3) A parent of an adoptee who has voluntarily relinquished the adoptee to the State Department of Human Resources, a similar agency of another state, or a licensed child-placing agency for an adoption, unless this relinquishment has been withdrawn in accordance with this chapter or the law of the state in which the relinquishment was made.

(4) A deceased parent of the adoptee or a parent of the adoptee who is presumed to be deceased under this state’s or any other state’s law.

(5) A putative father of the adoptee who has signed a written statement denying paternity.

(6) A putative father of the adoptee when the mother swears in an affidavit pursuant to Section 26-10E-16(c) that the putative father is unknown, unless the putative father is otherwise made known to the court.

(7) A putative father of the adoptee who fails to prove his paternity of the adoptee.

(8) A legal father or putative father when clear and convincing evidence is presented to the court that the adoptee was conceived by rape, incest, or sexual assault committed by the legal father or putative father, whose crimes are defined by the laws of this state or, if the crime occurred not in this state, the jurisdiction in which the crime occurred.

(9) A parent of the adoptee who has been convicted of child abuse or other felonious acts against the adoptee as defined by the laws of this state or, if the crime occurred not in this state, the jurisdiction in which the crime occurred.