Ala. Code § 26-10E-21 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-21
Section 26-10E-21 Legal Counsel; Guardian Ad Litem
Status: in_force

(a) In making adoption arrangements, potential adoptive parents and biological parents may obtain counsel to provide legal advice and assistance.

(b) When required by this chapter, the court may appoint a guardian ad litem for the adoptee, any mentally incapacitated person, or a minor. In cases in which a guardian ad litem is not required by this chapter, upon a motion of a party or on its own motion, the court may appoint a guardian ad litem for good cause shown.

(c) The fees of the guardian ad litem shall be assessed by the court and taxed as costs upon the conclusion of services provided by the guardian ad litem; provided, however, that in contested cases under Section 26-10E-23, the court shall assess and award the guardian ad litem a fee at the time of appointment based on the reasonable amount of fees expected to be incurred. The fees shall be payable by the contestant and the petitioner proportionately as determined by the court, subject to the authority of the court to revise the amount or proportionate responsibility for the fees upon entry of the final judgment adjudicating the contest.

(d) The court shall have the power to enforce any award of fees to the guardian ad litem through contempt or other enforcement proceedings.
Ala. Code § 26-17-18 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-18
Section 26-17-18 Action to Declare Mother and Child Relationship
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-2A-33 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-33
Section 26-2A-33 Practice in Court
Status: in_force

Unless specifically provided to the contrary in this chapter or inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern proceedings under this chapter.
Ala. Code § 26-2A-144 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-144
Section 26-2A-144 Petitions for Orders Subsequent to Appointment
Status: in_force

(a) Any person interested in the welfare of a person for whom a conservator has been appointed, any person interested in the proper administration of the estate, or the court on its own motion, may file a petition in the appointing court or the court to which the conservatorship has been transferred for an order:

(1) Requiring bond or collateral or additional bond or collateral, or reducing bond;

(2) Requiring an accounting for the administration of the trust;

(3) Directing distribution;

(4) Removing the conservator and appointing a temporary or successor conservator; or

(5) Granting other appropriate relief.

(b) A conservator may petition the appointing court or the court to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.

(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.

(d) If, on the hearing, it should appear that there is no satisfactory cause for the petition, the petition must be dismissed at costs of the petitioner.
Ala. Code § 26-10D-6 — Alabama Code / Title 26 / Chapter 10D / Section 26-10D-6
Section 26-10D-6 Minimum Standards for Child Placing Agencies Required
Status: in_force

Child placing agencies shall otherwise meet the Minimum Standards for Child Placing Agencies required for child placement, pursuant to the Alabama Child Care Act of 1971, Chapter 7, Title 38.
Ala. Code § 26-10F-2 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-2
Section 26-10F-2 Definitions
Status: in_force

(a) The definitions in the Alabama Minor Adoption Code, provided in Section 26-10E-2, are applicable for this chapter and have the same meaning whenever used in this chapter except where the context clearly indicates a different meaning.

(b) For the purposes of this chapter, a de facto parent-child relationship is formed when the petitioner or petitioners have been the primary caregiver for an adoptee and have provided the primary financial support for that adoptee during the time that the adoptee resided with that petitioner or petitioners during the adoptee’s minority.
Ala. Code § 26-24-20 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-20
Section 26-24-20 Office Created
Status: in_force

The Office of School Readiness is created within the Department of Early Childhood Education. The office shall have the duties, responsibilities, functions, powers, and authority set forth in this article and as otherwise provided by law.
Ala. Code § 26-9-3 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-3
Section 26-9-3 When Guardian to Be Appointed for Ward
Status: in_force

Whenever, pursuant to any law of the United States or regulations of the administration, the administrator requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner provided in this chapter.
Ala. Code § 26-13-4 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-4
Section 26-13-4 Contests of Petition; Receipt of Evidence as to Petition
Status: in_force

Upon the hearing of such petition, any person may contest the granting of same upon giving security for costs of such contest. All evidence touching such petition shall be taken in such manner as may be directed by the court.
Ala. Code § 26-25-5 — Alabama Code / Title 26 / Chapter 25 / Section 26-25-5
Section 26-25-5 Liability
Status: in_force

Except as provided in Section 36-1-12, an emergency medical services provider or an employee or agent of an emergency medical services provider subject to this chapter shall be immune from liability for any civil action arising out of any action or omission taken pursuant to the requirements of this chapter.
Ala. Code § 26-2-2 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-2
Section 26-2-2 Removal of Guardianship or Conservatorship from Probate to Circuit Court. (Amended by 2026-488)
Status: in_force

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

The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court.
Ala. Code § 26-10F-9 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-9
Section 26-10F-9 Notice of Pendency of Adoption Proceeding
Status: in_force

(a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on each of the following:

(1) Any individual whose consent is required by Section 26-10F-7.

(2) Any legally appointed custodian or guardian of the adoptee.

(3) The spouse of the adoptee, if the adoptee is married.

(4) Any biological or legal parent of the adoptee.

(5) Any individual or entity known to any petitioner as currently having physical custody of the adoptee, if the adoptee is alleged to be an individual with a total and permanent disability or alleged to be an incapacitated person.

(6) The State Department of Human Resources.

(7) Any other individual designated by the court.

(b) A copy of the notice for adoption shall be served upon those individuals or agencies provided in subsection (a). The form for the notice shall be developed jointly by the Administrative Office of Courts and the Alabama Law Institute.

(c) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure. If notice cannot be perfected in accordance with the Alabama Rules of Civil Procedure, the court may order an alternative method of notice.

(d) The notice required by this section may be waived in writing by the individual or entity entitled to receive notice.

(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 dispositional hearing provided in Section 26-10F-13.
Ala. Code § 26-18-7 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-7
Section 26-18-7 Grounds for Termination of Parental Rights; Factors Considered; Presumption Arising from Abandonment
Status: in_force

Amended and renumbered as Section 12-15-319 by Act 2008-277, §19, effective January 1, 2009.
Ala. Code § 26-19B-4 — Alabama Code / Title 26 / Chapter 19B / Section 26-19B-4
Section 26-19B-4 Emergency Missing Child Alert - Activation
Status: in_force

(a) Once a determination has been made to activate an emergency missing child alert, the local law enforcement agency shall do the following:

(1) Immediately request the Alabama State Law Enforcement Agency to issue an emergency missing child alert, providing all pertinent information regarding the missing child to the agency.

(2) Supplement the information by descriptions and photographs of the child to the Alabama State Law Enforcement Agency for dissemination to the media, to the public through any means available, including the Internet, and by posting the missing child’s photograph on the agency’s website, if available.

(b) The Alabama State Law Enforcement Agency shall do both of the following:

(1) Prepare and send via email the information and description of the missing child to the media statewide.

(2) Post the missing child’s photograph on the agency’s website.

(c) Once a missing child is found or the case is closed, the originating law enforcement agency shall request the Alabama State Law Enforcement Agency to deactivate the emergency missing child alert.
Ala. Code § 26-1B-4 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-4
Section 26-1B-4 Form
Status: in_force

A document substantially in the following format may be used to create a supported decision-making agreement that has the meaning and effect prescribed by this chapter.

This document IS ___________ / IS NOT _____________ (check one) legally binding. Only a person with the legal right and capacity to contract can make a legally binding agreement.

I, ________________________ (Name of Principal), make this supported decision-making agreement to choose supporters to help me make decisions. I am choosing to make this agreement. I may end this agreement at any time. These supporters DO NOT make decisions for me. They give me information, advice, and other support so I can make decisions for myself.

DESIGNATION OF SUPPORTERS

HEALTH CARE

I DO ___________ / DO NOT ______________ (check one) want help with health care. I want the following people to be my supporters and help me with my health care decisions:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my physical and mental health. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

FINANCIAL DECISION-MAKING

I DO ___________ / DO NOT ______________ (check one) want help with my financial decisions. I want the following people to be my supporters and help me with my financial decisions:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my finances. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

WHERE I LIVE AND COMMUNITY LIVING

I DO ___________ / DO NOT ______________ (check one) want help with decisions about where I live and community living. I want the following people to be my supporters and help me with decisions about where I live:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about where I live and community living. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

EDUCATION

I DO ___________ / DO NOT ______________ (check one) want help with decisions about my education. I want the following people to be my supporters and help me with decisions about my education:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my education. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

EMPLOYMENT

I DO ___________ / DO NOT ______________ (check one) want help with decisions about my employment. I want the following people to be my supporters and help me with decisions about my employment:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make decisions about my employment. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

OTHER DECISIONS

I DO ___________ / DO NOT ______________ (check one) want help with other decisions. I want the following people to be my supporters and help me with other decisions:

Name of Supporter:

________________________

Relationship to Principal:

________________________

Repeat as needed for each supporter.

I, ___________(Name of Principal), allow these supporters to help me make other decisions. These people do not make decisions for me - they help me make decisions myself.

These supporters can help me in these ways:

________________________

These supporters MAY NOT do these things:

________________________

SIGNATURE AND ACKNOWLEDGMENT

I agree to be a supporter under this agreement.

(Signature of Supporter):

________________________

Signature Date:

________________________

Supporter Name Printed:

________________________

Supporter Address:

________________________

Supporter Telephone Number:

________________________

Supporter E-mail Address:

________________________

Repeat as needed for each supporter listed in the supported decision-making agreement.

(Signature of Principal):

________________________

Your Signature Date:

________________________

Your Name Printed:

________________________

Your Address:

________________________

Your Telephone Number:

________________________

State of:

________________________

[County] of

________________________

I, ____________, a Notary Public, in and for the County in this State, hereby certify that ____________, whose name is signed to the foregoing document, and who is known to me, acknowledged before me on this day that, being informed of the contents of the document, he or she executed the same voluntarily on the day the same bears date.

Given under my hand this the ____________ day of ____________, 2___.

________________________

(Seal, if any)

Signature of Notary

My commission expires:

________________________

[This document prepared by:

_______________________]
Ala. Code § 26-2A-53 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-53
Section 26-2A-53 Request for Notice; Interested Person
Status: in_force

Upon payment of any required fee, an interested person who desires to be notified before any order is made in a guardianship proceeding, including any proceeding subsequent to the appointment of a guardian under Section 26-2A-111, or in a protective proceeding under Section 26-2A-130, may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the guardian and to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to proceedings occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.
Ala. Code § 26-23E-16 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-16
Section 26-23E-16 Construction of Chapter
Status: in_force

(a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.

(b) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.

(c) The provisions of this chapter shall be construed in pari materia with other statutes governing abortions.

(d) Nothing in this chapter shall be construed to modify, supersede, or constructively repeal any provisions of the Alabama Medical Liability Act of 1987, the Alabama Medical Liability Act of 1996, or any amendments thereto.
Ala. Code § 26-10E-16 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-16
Section 26-10E-16 Petition for Adoption
Status: in_force

(a) A petition for adoption of an adoptee shall bear the caption “In the Matter of the Adoption Petition of [each named petitioner.]” The completed petition shall be signed and verified by each petitioner and shall set forth each of the following:

(1) The full name, date of birth, place of residence, and relationship to the adoptee of each petitioner, and, if the petitioners are married, the place and date of their marriage.

(2) The date and place of birth of the adoptee, if known.

(3) The birth name of the adoptee, any other names by which the adoptee has been known, and the name by which the adoptee shall be known.

(4) That the physical custody of the adoptee has been placed with the petitioner or petitioners for the purpose of adoption and that the adoptee has been residing with the petitioner or petitioners since a specified date, or a statement of good cause as to why placement and physical custody is not required or should be excused or waived.

(5) That the petitioner or petitioners desire to establish a parent and child relationship between himself or herself and the adoptee and that he or she is a fit and proper individual able to care for and provide for the adoptee’s welfare.

(6) The existence and nature of any prior or pending judicial proceedings known to the petitioner or petitioners that affect the custody, visitation with, or parentage of the adoptee.

(7) The name and address of the licensed child-placing agency, if any.

(8) The names and addresses of all individuals or agencies known to the petitioner or petitioners at the time of filing from whom consents or relinquishments to the adoption are required and whether the individuals or agencies have given express or implied consent to the adoption.

(9) The names and addresses of all other individuals or agencies known to the petitioner or petitioners who are entitled to notice of the adoption proceedings under Section 26-10E-17.

(b) The petitioner or petitioners shall attach each of the following to the petition:

(1) A government-issued document bearing photographic identification of each petitioner.

(2) If the petitioners are married, a certified document establishing proof of marriage or an affidavit of their common law marriage.

(3) A certified copy of the adoptee’s birth certificate issued within six months of the date of the filing of the petition or an affidavit stating that application for the birth certificate has been made. This subdivision does not apply when the adoptee is in the permanent custody of the State Department of Human Resources.

(4) Any written authorization allowing the adoptee to be placed in the home of the petitioner or petitioners.

(5) A copy of any court orders affecting the custody, visitation with, or parentage of the adoptee accessible to the petitioner or petitioners.

(6) Any and all existing express consents and relinquishments upon which the petitioner or petitioners rely for the adoption.

(7) If a pre-placement investigation is required under this chapter, a copy of the pre-placement investigative report.

(8) An accounting of all anticipated costs and expenses for the adoption.

(c) In the case of an unknown father, the biological mother, under penalty of perjury, shall sign a verified affidavit setting forth the following information and attach the affidavit to the petition unless the whereabouts of the mother are unknown, she is deceased, the parental rights of the mother have been previously terminated as to the adoptee, or the adoption is a stepparent or relative adoption as provided under Sections 26-10E-26 or 26-10E-27:

(1) Whether the mother has declared that she does not know the identity of the biological father or she refuses to identify the name of the biological father.

(2) Whether the mother was married at the probable time of conception of the adoptee, or at a later time, and if so, the identity and last known address of her husband.

(3) Whether the mother was cohabitating with a man at the probable time of conception of the adoptee, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.

(4) Whether the mother has received payments or promise of support from any man with respect to the adoptee or her pregnancy, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.

(5) Whether the mother has named any man as the father on the birth certificate of the adoptee or in connection with applying for or receiving public assistance, and if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.

(6) Whether the mother identified any man as the legal father or putative father of the adoptee to any hospital personnel, and, if so, the identity of the man, his last known address, the name and address of the hospital, and why the mother contends the man is not the legal father or putative father of the adoptee.

(7) Whether the mother has informed any man that he may be the legal father or putative father of the adoptee, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.

(8) Whether any man has formally or informally acknowledged or claimed paternity of the adoptee in any jurisdiction at the time of the inquiry, and if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.

(9) That the mother has been informed her statement concerning the identity of the legal father or putative father will be used only for the limited purpose of adoption and, once the adoption is complete, that such identity will be sealed.

(10) That the mother acknowledges she is aware of the remedies available to her for protection from abuse pursuant to Chapter 5 of Title 30.

(d) The petition, the various documents attached thereto as required by this section, or an appendix signed by counsel or other credible individuals shall fully disclose all that is known about the biological parentage of the adoptee.

(e) Except in cases governed by Section 26-10E-26 or Section 26-10E-27, the petition for adoption shall be filed with the clerk of the probate court within 60 days after the adoptee is physically placed with the petitioner or petitioners for purposes of adoption unless the adoptee is in the custody of the State Department of Human Resources or a licensed child-placing agency, or is currently receiving care in a medical facility, except that, for good cause shown, a petition may be filed beyond the 60-day period. In cases governed by Sections 26-10E-26 or 26-10E-27, the petition may be filed at any time.
Ala. Code § 26-10-30 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-30
Section 26-10-30 Promulgation of Regulations
Status: in_force

The State Department of Human Resources shall promulgate regulations consistent with this article within 120 days of its enactment.
Ala. Code § 26-2A-155 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-155
Section 26-2A-155 Preservation of Estate Plan; Right to Examine
Status: in_force

In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section 26-2A-153, and (iii) utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected person known to them, including a will, any revocable trust of which the person is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person’s death to another or others. The conservator may examine the will of the protected person.
Ala. Code § 26-24-21 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-21
Section 26-24-21 Definitions
Status: in_force

As used in this article, the following terms shall have the following meanings:

(1) DIRECTOR. The Director of the Office of School Readiness.

(2) OFFICE. The Office of School Readiness.
Ala. Code § 26-18-11 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-11
Section 26-18-11 Applicability
Status: in_force

Renumbered as Section 12-15-324 by Act 2008-277, §19, effective January 1, 2009.
Ala. Code § 26-13-3 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-3
Section 26-13-3 Notice of Filing of Petition
Status: in_force

Whenever the petition is filed by the minor and the guardian it shall be the duty of the clerk to give notice of the filing of such petition in some newspaper published in the county or, if no newspaper is published in such county, then in such manner as may be prescribed by the judge. Such notice shall be given once a week for three successive weeks before the time of hearing such petition. Whenever the petition is filed under subdivision (1) of Section 26-13-1, a copy of the petition must be served on the minor by the sheriff if the minor resides in this state or, if a nonresident or absent from the state, by registered or certified mail.
Ala. Code § 26-2A-7 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-7
Section 26-2A-7 Delegation of Powers by Parent or Guardian; Parental Authority
Status: in_force

(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education, or maintenance of the person or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. Temporary “delegation” of parental powers does not relieve the parent or guardian of the primary responsibility for the minor or incapacitated person.

(b) The provisions of subsection (a) of this section shall not be used or construed to allow a parent or guardian to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of Title 44.
Ala. Code § 26-10E-12 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-12
Section 26-10E-12 Express Consent - Contents
Status: in_force

(a) An express consent of the biological mother taken prior to the birth of an adoptee shall be signed or confirmed before a judge of probate. At the time of taking the express consent, the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the express consent and shall provide the consenting parent with two copies of the form for withdrawing the express consent in accordance with the requirements of Sections 26-10E-13 and 26-10E-14.

(b) Except as provided in subsection (a), all other pre-birth or post-birth express consents or relinquishments regarding the adoptee shall be signed or confirmed before any of the following:

(1) A judge or clerk of any court that has jurisdiction over adoption proceedings or a public officer appointed by the judge for the purpose of taking express consents.

(2) An individual appointed to take express consents who is appointed by any agency that is authorized to conduct investigations or home studies provided by Section 26-10E-19, or, if the express consent is taken out of state, by an individual appointed to take consents by any agency that is authorized by that state’s law to conduct investigations and home studies for adoptions.

(3) A notary public.

(c) The Administrative Office of Courts, in collaboration with the Alabama Law Institute, a division of the Legislative Services Agency, shall prepare the forms necessary to meet the requirements of this chapter.
Ala. Code § 26-23G-9 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-9
Section 26-23G-9 Construction of Chapter
Status: in_force

Nothing in this chapter shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.
Ala. Code § 26-17-612 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-612
Section 26-17-612 Child as Party; Representation
Status: in_force

(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this article.

(b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.

(c) The court shall appoint a guardian ad litem to represent a defendant who is a minor and who is not otherwise represented by counsel.
Ala. Code § 26-2B-204 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-204
Section 26-2B-204 Special Jurisdiction
Status: in_force

(a) A court of this state lacking jurisdiction under Section 26-2B-203 has special jurisdiction to do any of the following:

(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;

(2) issue a protective order with respect to real or tangible personal property located in this state;

(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 26-2B-301.

(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.

(c) The court may entertain successive petitions based upon its special jurisdiction under this section provided that the court receives no request for dismissal from the court of the respondent’s home state and the court determines that the need for guardianship or conservatorship or both under this section continues.
Ala. Code § 26-23A-3 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-3
Section 26-23A-3 Definitions
Status: in_force

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

(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver an unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child.

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

(3) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise been legally freed from the care, custody, and control of her parents.

(4) GESTATIONAL AGE. The time that has elapsed since the first day of the woman’s last menstrual period.

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

(6) MINOR. Any person under the age of 18 years.

(7) PHYSICIAN. Any person licensed to practice medicine in this state. The term includes medical doctors and doctors of osteopathy.

(8) PREGNANT or PREGNANCY. The female reproductive condition of having an unborn child in the mother’s (woman’s) body.

(9) QUALIFIED PERSON. An agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, or physician.

(10) UNBORN CHILD. The offspring of any human person from conception until birth.

(11) VIABLE. That stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.

(12) WOMAN. Any female person.
Ala. Code § 26-16-90 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-90
Section 26-16-90 Legislative Findings
Status: in_force

The Legislature finds and declares that: Every child is entitled to live in safety and in health and to survive into adulthood; there are concerns about the adequacy of efforts in this state to identify deaths; and recognizing that no single agency or person is responsible, that multidisciplinary, multiagency child death review teams are methods of achieving the state policy.
Ala. Code § 26-8-22 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-22
Section 26-8-22 Hearing; Entry of Order Authorizing Removal or Dismissal of Application and Taxing of Costs Against Applicant
Status: in_force

If, on the hearing, the court is satisfied that the removal will advance the interests of the minor or ward, an order authorizing it shall be made and entered; otherwise, the application shall be dismissed and the guardian or conservator or the next friend, as the application may be made by the one or the other, must be taxed with the costs.
Ala. Code § 26-23A-8 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-8
Section 26-23A-8 Medical Emergency Abortions
Status: in_force

(a) Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of a major bodily function.

(b) The Department of Public Health shall develop a signature form for recording the medical conditions associated with a medical emergency abortion. A signed copy of the abortion, and the original copy retained in the woman’s medical file for the time required by law, but not less than four years.
Ala. Code § 26-10D-2 — Alabama Code / Title 26 / Chapter 10D / Section 26-10D-2
Section 26-10D-2 Legislative Findings
Status: in_force

The Legislature finds all of the following:

(1) Alabama provides state licensed child placing services through various state, charitable, religious, and private organizations.

(2) Religious organizations, in particular, have a lengthy and distinguished history of providing child placing services that predate government involvement.

(3) Religious organizations have long been licensed and should continue to contract with and be licensed by the state to provide child placing services.

(4) The faith of the people of the United States has always played a vital role in efforts to serve the most vulnerable, and this chapter seeks to ensure that people of any faith, or no faith at all, are free to serve children and families who are in need in ways consistent with the communities that first inspired their service.

(5) Religious organizations display particular excellence when providing child placing services.

(6) Religious organizations cannot provide certain child placing services without receiving a state license.

(7) Child placing agencies, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the First Amendment to the United States Constitution.

(8) The Alabama Religious Freedom Amendment, Amendment 622 to the Constitution of Alabama of 1901, now appearing as Section 3.01 of the Constitution of Alabama of 2022, protects the free exercise of religious rights of Alabama citizens by prohibiting the government from burdening the freedom of religion of a person unless the burden is in furtherance of a compelling governmental interest and is done in the least restrictive means.

(9) The right to free exercise of religion for child placing agencies includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs.

(10) Children and families benefit greatly from the child placing services provided by religious organizations.

(11) Ensuring that religious organizations can continue to provide child placing services will benefit the children and families that receive those services.

(12) The state provides child placing services through individual licensed child placing agencies with varying religious beliefs.

(13) Because state and private entities provide child placing services through many entities, each with varying religious beliefs or no religious beliefs, the religiously compelled inability of the entities to provide child placement will not prevent any particular individual from alternative equal access to child placing services.

(14) There is no compelling reason to require a child placing agency to violate its sincerely held religious beliefs in providing any service, since alternative access to the services is equally available.

(15) This chapter implements remedial measures that are congruent and proportional to protecting the constitutional rights of child placing agencies guaranteed under the First, Fifth, and Fourteenth Amendments to the United States Constitution.

(16) This chapter is not intended to limit or deny the eligibility of any individual to adopt a child or participate in foster care.
Ala. Code § 26-23E-17 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-17
Section 26-23E-17 Intervention
Status: in_force

The Alabama Legislature, by joint resolution, may appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality of this chapter or any portion thereof is challenged.
Ala. Code § 26-1A-301 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-301
Section 26-1A-301 Power of Attorney Form
Status: in_force

A document substantially in the following form may be used to create a power of attorney that has the meaning and effect prescribed by this chapter.

ALABAMA POWER OF ATTORNEY FORM

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975.

This power of attorney does not authorize the agent to make health care decisions for you. Such powers are governed by other applicable law.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I________________________________

(Name of Principal)

name the following person as my agent:

Name of Agent:________________________________

Agent’s Address:_____________________________

Agent’s Telephone Number:____________________

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

Name of Successor Agent:_____________________

Successor Agent’s Address:____________________

Successor Agent’s Telephone Number:___________

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

Name of Second Successor Agent:________________

Second Successor Agent’s Address:_______________

Second Successor Agent’s Telephone Number:________

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975:

If you wish to grant general authority over all of the subjects enumerated in this section you may SIGN here:

________________________________________________

(Signature of Principal)

OR

If you wish to grant specific authority over less than all subjects enumerated in this section you must INITIAL by each subject you want to include in the agent’s authority:

_____Real Property as defined in Section 26-1A-204

_____Tangible Personal Property as defined in Section 26-1A-205

_____Stocks and Bonds as defined in Section 26-1A-206

_____Commodities and Options as defined in Section 26-1A-207

_____Banks and Other Financial Institutions as defined in Section 26-1A-208

_____Operation of Entity or Business as defined in Section 26-1A-209

_____Insurance and Annuities as defined in Section 26-1A-210

_____Estates, Trusts, and Other Beneficial Interests as defined in Section 26-1A-211

_____Claims and Litigation as defined in Section 26-1A-212

_____Personal and Family Maintenance as defined in Section 26-1A-213

_____Benefits from Governmental Programs or Civil or Military Service as defined in Section 26-1A-214

_____Retirement Plans as defined in Section 26-1A-215

_____Taxes as defined in Section 26-1A-216

_____Gifts as defined in Section 26-1A-217

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL the specific authority you WANT to give your agent.)

_____Create, amend, revoke, or terminate an inter vivos trust, by trust or applicable law

_____Make a gift to which exceeds the monetary limitations of Section 26-1A-217 of the Alabama Uniform Power of Attorney Act, but subject to any special instructions in this power of attorney

_____Create or change rights of survivorship

_____Create or change a beneficiary designation

_____Authorize another person to exercise the authority granted under this power of attorney

_____Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

_____Exercise fiduciary powers that the principal has authority to delegate

LIMITATIONS ON AGENT’S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

Limitation of Power. Except for any special instructions given herein to the agent to make gifts, the following shall apply:

(a) Any power or authority granted to my Agent herein shall be limited so as to prevent this Power of Attorney from causing any Agent to be taxed on my income or from causing my assets to be subject to a “general power of appointment” by my Agent as defined in 26 U.S.C. §2041 and 26 U.S.C. §2514 of the Internal Revenue Code of 1986, as amended.

(b) My Agent shall have no power or authority whatsoever with respect to any policy of insurance owned by me on the life of my Agent, or any trust created by my Agent as to which I am a trustee.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines. For your protection, if there are no special instructions write NONE in this section.

_________________

_________________

_________________

_________________

_________________

_________________

_________________

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF [CONSERVATOR OR GUARDIAN] (OPTIONAL)

If it becomes necessary for a court to appoint a [conservator or guardian] of my estate or [guardian] of my person, I nominate the following person(s) for appointment:

Name of Nominee for [conservator or guardian] of my estate:___________________________

Nominee’s Address:__________________

Nominee’s Telephone Number:____________________

Name of Nominee for [guardian] of my person: ______________________

Nominee’s Address: ______________________

Nominee’s Telephone Number: ________________________

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

________________________________

(Signature of Principal)

Your Signature Date:___________________________

Your Name Printed:___________________________

Your Address:_____________________

Your Telephone Number:_______________________

State of_________________________

[County] of___________________________

I, ________________, a Notary Public, in and for the County in this State, hereby certify that ______________, whose name is signed to the foregoing document, and who is known to me, acknowledged before me on this day that, being informed of the contents of the document, he or she executed the same voluntarily on the day the same bears date.

Given under my hand this the ___ day of ______, 2____. _______________________________________(Seal, if any)

Signature of Notary

My commission expires: _______________________

[This document prepared by:

________________________________________]

IMPORTANT INFORMATION FOR AGENT

Agent’s Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;

(2) act in good faith;

(3) do nothing beyond the authority granted in this power of attorney; and

(4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:

(Principal’s Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

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

(2) avoid conflicts that would impair your ability to act in the principal’s best interest;

(3) act with care, competence, and diligence;

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

(5) cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and

(6) attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.

Termination of Agent’s Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) death of the principal;

(2) the principal’s revocation of the power of attorney or your authority;

(3) the occurrence of a termination event stated in the power of attorney;

(4) the purpose of the power of attorney is fully accomplished; or

(5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. If you violate the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975, or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
Ala. Code § 26-13-7 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-7
Section 26-13-7 Filing of Copy of Judgment with Probate Court; Recordation, Etc., of Judgment by Probate Judge
Status: in_force

Every minor relieved of the disabilities of nonage under the provisions of this chapter must file a certified copy of the judgment relieving him from such disabilities in the office of the judge of probate in each of the counties in which such minor shall thereafter reside and in the office of the judge of probate of each county in the state where such minor shall do any business or make any contracts. It shall be the duty of the judge of probate to record the judgment and keep the same for the inspection of the public.
Ala. Code § 26-5-33 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-33
Section 26-5-33 Final Settlement Generally - Authorization and Procedure Generally for Compulsion of Settlement by Conservator
Status: in_force

On the termination of a conservatorship by the arrival of the ward at full age by termination of the ward’s incapacity or on the expiration of his or her authority otherwise, the court of probate may issue process requiring the conservator to appear at any time within 10 days after the service thereof, on a day named therein, and file his or her accounts and vouchers for a final settlement. If the conservator resides without the state, the court of probate may appoint a day for him or her to appear and file his or her accounts and vouchers for a final settlement.
Ala. Code § 26-23A-11 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-11
Section 26-23A-11 Anonymity in Court Proceedings
Status: in_force

In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted, shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall issue written orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under Section 26-23A-10 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
Ala. Code § 26-10-23 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-23
Section 26-10-23 Administration of Subsidization Program; Provision for Funds
Status: in_force

The State Department of Human Resources shall establish and administer an ongoing program of subsidized adoption. Subsidies and services for children under this program shall be provided out of funds appropriated to the State Department of Human Resources for the maintenance of children in foster care or made available to it from other sources.
Ala. Code § 26-2A-20 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-20
Section 26-2A-20 General Definitions. (Amended by 2026-488)
Status: in_force

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

As used in this chapter the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration.

(2) CONSERVATOR. A person who is appointed by a court to manage the estate of a protected person and includes a limited conservator described in Section 26-2A-148(a).

(3) COURT. A probate court of this state.

(4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding who is trained in law, nursing, or social work, is an officer, employee, or special appointee of the court, and has no personal interest in the proceeding.

(5) DISABILITY. Cause for a protective order as described in Section 26-2A-130.

(6) ESTATE. Includes the property of the person whose affairs are subject to this chapter.

(7) GUARDIAN. A person who has qualified as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination or court appointment and includes a limited guardian as described in Sections 26-2A-78(e) and 26-2A-105(c), but excludes one who is merely a guardian ad litem.

(8) INCAPACITATED PERSON. Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.

(9) LEASE. Includes an oil, gas, or other mineral lease.

(10) LETTERS. Includes letters of guardianships and letters of conservatorship.

(11) MINOR. A person who is under 19 years of age and has not otherwise had the disabilities of minority removed.

(12) MORTGAGE. Any conveyance, agreement, or arrangement in which property is used as collateral.

(13) ORGANIZATION. Includes a corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, government, governmental subdivision or agency, or any other legal entity.

(14) PARENT. Includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.

(15) PERSON. An individual or an organization, unless the context otherwise requires.

(16) PETITION. A written request to the court for an order after notice.

(17) PROCEEDING. Includes action at law and suit in equity.

(18) PROPERTY. Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(19) PROTECTED PERSON. A minor or other person for whom a conservator has been appointed or other protective order has been made as provided in Sections 26-2A-136 and 26-2A-137.

(20) PROTECTIVE PROCEEDING. A proceeding under the provisions of Article 2, Division 3.

(21) SECURITY. Includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.

(22) WARD. A person for whom a guardian has been appointed. A “minor ward” is a minor for whom a guardian has been appointed solely because of minority.
Ala. Code § 26-1B-2 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-2
Section 26-1B-2 Definitions
Status: in_force

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

(1) SUPPORTED DECISION-MAKING. The process of supporting and accommodating an adult in the decision-making process without impeding the self-determination of the adult. This term includes assistance in making, communicating, and effectuating life decisions.

(2) SUPPORTED DECISION-MAKING AGREEMENT. A written agreement detailing decision-making supports and accommodations that an adult chooses to receive from one or more supporters.

(3) SUPPORTER. An individual at least 18 years of age who has voluntarily entered into a supported decision-making agreement with an adult and is designated as such in a supported decision-making agreement.
Ala. Code § 26-5-14 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-14
Section 26-5-14 Determination, Allowance, Etc., of Conservator’s and Attorney’s Fees Generally - Final Settlements
Status: in_force

In the allowance of fees to conservators and their attorneys on final settlement the court shall take into consideration such fees as may have been allowed and paid to them prior to such final settlement, but such conservators shall be entitled to full credit for any fees allowed and paid on any annual or partial settlement after notice given as provided for in case of final settlements.
Ala. Code § 26-5-32 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-32
Section 26-5-32 Partial Settlement Generally - Issuance of Process Requiring Conservator to Make Partial Settlement; Taxing of Costs
Status: in_force

If a conservator fails to make a partial settlement as often as such settlement is required of him or her, the court must issue process to him or her, requiring him or her to make such settlement, and all the costs thereof and of the process must be taxed against him or her personally and must not be charged against the ward or his or her estate, unless he or she appears in answer to the process and shows a satisfactory excuse for his or her failure and files his or her accounts and vouchers for such settlement.
Ala. Code § 26-26-3 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-3
Section 26-26-3 Definitions
Status: in_force

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

(1) MINOR. The same meaning as in Section 43-8-1.

(2) PERSON. Includes any of the following:

a. Any individual.

b. Any agent, employee, official, or contractor of any legal entity.

c. Any agent, employee, official, or contractor of a school district or the state or any of its political subdivisions or agencies.

(3) SEX. The biological state of being male or female, based on the individual’s sex organs, chromosomes, and endogenous hormone profiles.
Ala. Code § 26-3-5 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-5
Section 26-3-5 General Conservator for County
Status: in_force

The general conservator of the county must give bond, with at least two good and sufficient sureties, in a penalty to be prescribed by the judge of probate and payable to him or her, with condition to faithfully perform all the duties which are or may be required of him or her by law during the time he or she acts as such conservator.
Ala. Code § 26-8-1 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-1
Section 26-8-1 Applicability of Chapter
Status: in_force

The provisions of this chapter are applicable to minors and to incapacitated persons.
Ala. Code § 26-10F-1 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-1
Section 26-10F-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Adult Adoption Code.
Ala. Code § 26-21-6.1 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-6.1
Section 26-21-6.1 Civil Action Under Chapter
Status: in_force

In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall provide a basis for a civil action for compensatory and/or punitive damages. Any criminal conviction under this chapter shall be admissible in a civil suit as prima facie evidence of a failure to obtain an informed consent or parental or judicial consent. The civil action may be based on a claim that the action was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or breach of other legal standard of care. The Medical Liability Act of 1987 shall not apply to any civil causes of action brought pursuant to Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7.
Ala. Code § 26-10E-26 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-26
Section 26-10E-26 Stepparent Adoptions
Status: in_force

A stepparent of the adoptee may petition for adoption of an adoptee under this chapter, except that:

(1) Before the entry of the final judgment, the adoptee must have resided for a period of one year with the stepparent petitioner.

(2)a. A limited investigation shall be conducted to determine the suitability of the stepparent petitioner and the home in which the adoptee resides, and the report of the investigation, which shall include, but is not limited to, all of the following:

1. Excluding the legal parent of the adoptee, 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.

2. Excluding the legal parent of the adoptee, 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.

3. Excluding the legal parent of the adoptee, 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.

4. A home safety inspection indicating that the home of the petitioner or petitioners is safe for adoptee’s residency.

b. The limited investigation may also include other information required by Section 26-10E-19 as directed by the court. The limited investigation shall be filed with the court within 30 days of the date of the filing of the petition.

(3) The court, in its discretion, may:

a. Require additional information; and

b. Allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.

(4) The investigative report shall be submitted in a form developed by the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.

(5) The investigation shall be performed by one of the following:

a. The State Department of Human Resources.

b. A licensed child-placing agency.

c. A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.

(6) Other than those individuals and entities listed in subdivision (5), the court on its own motion may order the investigation be performed by an alternative individual or entity when the court has cause to believe the investigation is insufficient.

(7) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.

(8) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.

(9) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.
Ala. Code § 26-2A-101 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-101
Section 26-2A-101 Venue
Status: in_force

The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present at the time the proceedings are commenced. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court is located.
Ala. Code § 26-23B-5 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-5
Section 26-23B-5 Abortion Prohibited Where Postfertilization Age of Unborn Child at Least 20 Weeks; Exception
Status: in_force

(a) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the unborn child of the woman is 20 or more weeks unless, in reasonable medical judgment, the woman has a condition which so complicates her medical condition as to necessitate 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 shall be deemed 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.

(b) When an abortion upon a woman whose unborn child has been determined to have a probable postfertilization age of 20 or more weeks is not prohibited by this section, in such a case, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions of the woman, than would another available method. No such greater risk shall be deemed 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.
Ala. Code § 26-23H-7 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-7
Section 26-23H-7 Medical Emergencies
Status: in_force

This chapter shall not apply to a physician licensed in Alabama performing a termination of a pregnancy or assisting in performing a termination of a pregnancy due to a medical emergency as defined by this chapter.
Ala. Code § 26-16-3 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-3
Section 26-16-3 Child Abuse and Neglect Prevention Board - Board Created; Department Created; Director; Staff
Status: in_force

(a) The State Child Abuse and Neglect Prevention Board is created as an autonomous agency of the state government.

(b) There is created the Department of Child Abuse and Neglect Prevention which shall operate under the State Child Abuse and Neglect Prevention Board and consist of a director and such other employees of the department.

(c) There shall be a director of the department appointed by the Governor from a list of candidates submitted under Section 26-16-6(a)(2). The director shall not be a member of the state classified civil service. The director shall be compensated by a salary payable out of the State Treasury at the times and in the manner that the salary of other state officials is paid. The exact amount of the director’s salary shall be set by the board.

(d) The director shall hire all staff required to exercise the powers and carry out the duties of the department with the approval of the state board. In carrying out the duties provided in subsection (b) of Section 26-16-6, the director shall coordinate these activities with the State Department of Human Resources, the Department of Mental Health, the Department of Public Health, the Department of Education, the Alabama State Law Enforcement Agency, and other state agencies as needed. The director, with the approval of the state board, shall have the authority to hire outside the state classified civil service an executive assistant who shall serve at the pleasure of the director. The state board shall approve the number of staff members hired and their job descriptions and further shall set the rate of pay or compensation due the executive assistant. Each staff member except the director and his or her executive assistant shall be a member of the state classified civil service.

(e) The director shall serve as secretary of the state board.
Ala. Code § 26-10F-11 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-11
Section 26-10F-11 Investigations
Status: in_force

(a) No investigation shall be required in any adult adoption unless ordered by the court to determine if the best interest of the adoptee will be served by granting the petition for adoption. The court shall determine the scope of the investigation.

(b) If the probate court in which a petition for the adoption of an adult is filed considers an investigation to be a necessity, the probate court may order either of the following:

(1) The type of investigation that is conducted in an adoption of a minor adoptee pursuant to Sections 26-10E-19, 26-10E-19.1, 26-10E-26, and 26-10E-27.

(2) Any other inquiry that the court considers advisable.

(c) Any investigation ordered by the court shall be performed by the State Department of Human Resources or anyone appointed by the court who the court deems as qualified and appropriate based on the scope of the investigation.
Ala. Code § 26-8-50 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-50
Section 26-8-50 Sale of Property to Effect Removal Thereof from State - Proceedings Under Application; Appointment, Powers, Etc., of Commissioner for Conduct of Sale
Status: in_force

The court, in the order of sale, must appoint a suitable person commissioner to make the sale and, except as otherwise provided in this article, the authority and duty of such commissioner is the same as that of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner so appointed fails to act or to complete the sale, another may be appointed at any time by an order of the court.
Ala. Code § 26-10F-19 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-19
Section 26-10F-19 Validity and Effect of Prior Adoptions; Application of Chapter
Status: in_force

(a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into before the enactment of this chapter shall be governed under this chapter.

(b) This chapter shall apply to all proceedings related to adult adoptions that have not been commenced as of December 31, 2023.
Ala. Code § 26-19-7 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-7
Section 26-19-7 Duties of Law Enforcement Agencies Upon Receiving Report of Missing Person
Status: in_force

Upon receiving a report of a person believed to be missing, the law enforcement agency shall conduct a preliminary investigation to determine whether the person is missing. If the person is determined to be missing, the agency shall immediately enter identifying and descriptive information about the person to the Alabama Center for Missing and Exploited Children (ACMEC) and to the National Crime Information Center (NCIC) through the Criminal Justice Information Center (CJIC). Law enforcement agencies having direct access to the CJIC and the NCIC computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the systems. Law enforcement agencies shall likewise report or enter data to ACMEC relating to unidentified deceased persons.
Ala. Code § 26-2A-78 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-78
Section 26-2A-78 Powers and Duties of Guardian of Minor
Status: in_force

(a) A guardian of a minor ward has the powers and responsibilities of a parent regarding the ward’s health, support, education, or maintenance, but a guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for acts of the ward.

(b) In particular and without qualifying the foregoing, a guardian shall:

(1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities, and physical and mental health;

(2) Take reasonable care of the ward’s personal effects and commence protective proceedings if necessary to protect other property of the ward;

(3) Apply any available money of the ward to the ward’s current needs for health, support, education, or maintenance;

(4) Conserve any excess money of the ward for the ward’s future needs, but if a conservator has been appointed for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator money of the ward to be conserved for the ward’s future needs; and

(5) Report the condition of the ward and of the ward’s estate that has been subject to the guardian’s possession or control, as ordered by the court on petition of any person interested in the ward’s welfare or as required by court rule.

(c) A guardian may:

(1) Receive money payable for the support of the ward to the ward’s parent, guardian, or custodian under the terms of any statutory benefit or insurance system or any private contract, devise, trust, conservatorship, or custodianship, and money or property of the ward paid or delivered pursuant to Section 26-2A-6;

(2) If consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, take custody of the person of the ward and establish the ward’s place of abode within or without this state;

(3) If no conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward;

(4) Consent to medical or other professional care, treatment, or advice for the ward without liability by reason of the consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances;

(5) Consent to the marriage or adoption of the ward; and

(6) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward’s well-being.

(d) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing personally provided to the ward, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court controlling the guardian.

(e) In the interest of developing self-reliance on the part of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the minor or other interested person, may limit the powers of a guardian otherwise conferred by this section and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of a minor must be endorsed on the guardian’s letters or, in the case of a guardian by parental appointment, must be reflected in letters that are issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed and appropriate letters issued.
Ala. Code § 26-17-9 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-9
Section 26-17-9 Nature of Actions; Rules of Procedure; Who May Testify; Other Evidence; Joinder; Pleadings; Enforcement of Support Under Criminal Code
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-17-201 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-201
Section 26-17-201 Establishment of Parent-Child Relationship
Status: in_force

(a) The mother-child relationship may be established between a woman and a child by:

(1) the woman’s having given birth to the child;

(2) an adjudication of the woman’s maternity; or

(3) adoption of the child by the woman.

(b) The father-child relationship may be established between a man and a child by:

(1) an unrebutted presumption of the man’s paternity of the child under Section 26-17-204;

(2) an effective acknowledgment of paternity by the man under Article 3, unless the acknowledgment has been rescinded or successfully challenged;

(3) an adjudication of the man’s paternity;

(4) adoption of the child by the man; or

(5) the man’s having consented to assisted reproduction by a woman under Article 7 which resulted in the birth of the child.
Ala. Code § 26-2A-110 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-110
Section 26-2A-110 Removal or Resignation of Guardian; Termination of Incapacity
Status: in_force

(a) On petition of the ward or any person interested in the ward’s welfare, or on its own motion, the court, after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition of the guardian, the court, after hearing, may accept a resignation.

(b) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.

(c) Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a ward’s incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian.
Ala. Code § 26-3-13 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-13
Section 26-3-13 Liability of Probate Judge, Etc., for Neglect or Omission in Taking Bond
Status: in_force

The judge of probate and the sureties on his or her official bond are liable to any person injured for any wanton, fraudulent, or intentional misconduct of the judge in not taking from a conservator a good and sufficient bond or for taking thereon insufficient surety or for wanton, fraudulent, or intentional misconduct in not requiring the execution of a new or additional bond in the cases in which such bond is required by law, if he or she knows or has good cause to believe that the case exists in which such new or additional bond should be required.
Ala. Code § 26-1A-112 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-112
Section 26-1A-112 Reimbursement and Compensation of Agent
Status: in_force

Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
Ala. Code § 26-2A-142 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-142
Section 26-2A-142 Compensation; Reimbursement; Court Costs
Status: in_force

(a) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician, conservator, or special conservator appointed in a protective proceeding and any attorney whose services resulted in a protective order or in an order that was beneficial to a protected person’s estate is entitled to reasonable compensation from the estate. The conservator shall be allowed from the estate of the protective person all reasonable premiums paid on his or her bond and reimbursement of any court costs paid.

(b) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician appointed in a guardianship, and any attorney whose services resulted in a guardianship order or in an order that was beneficial to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed from the estate of the ward for any court costs paid.

(c) Except when the petitioner is related by blood or marriage to the individual who is the subject of the proceeding, if the assets of the estate in a protective proceeding or in a guardianship proceeding are not sufficient to provide reasonable compensation and pay court costs as permitted in subsections (a) and (b), the compensation of any guardian ad litem, court representative, or physician appointed by the court and court costs associated with the petition or motion may be taxed by the court with regard to any particular petition or motion presented to the court to the petitioner as additional costs to the petitioner.
Ala. Code § 26-21-8 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-8
Section 26-21-8 Confidentiality of Records and Information Involving Court Proceedings; Statistical Records; Penalty for Disclosure; Reports to Bureau of Vital Statistics
Status: in_force

(a) Records and information involving court proceedings conducted pursuant to Section 26-21-4 shall be confidential and shall not be disclosed other than to the minor, her attorney, and necessary court personnel. Nothing in this subsection shall prohibit the keeping of statistical records and information as long as the anonymity of the minor is in no way compromised.

(b) Any person who shall disclose any records or information made confidential pursuant to subsection (a) of this section shall be guilty of a Class C misdemeanor.

(c) Provided, however, any person who performs abortions, or his or her agent, shall furnish to the Bureau of Vital Statistics, on confidential forms furnished by the bureau, the following: (1) the number of abortions performed on each unemancipated and emancipated minor with written consent; (2) the number of abortions performed on each unemancipated and emancipated minor pursuant to juvenile or other court proceedings pursuant to Section 26-21-3(e); and (3) the number of abortions performed pursuant to Section 26-21-5 on each unemancipated and emancipated minor. Such reporting shall be provided annually as prescribed by the Bureau of Vital Statistics which shall be retained by the bureau for at least seven years. Such information prescribed shall include nonconfidential statistics, including, but not limited to: Age, race, and education level of minor.
Ala. Code § 26-5-5 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-5
Section 26-5-5 Partial Settlement - 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 of the charge against the conservator and of the credits allowed, which must be entered of record. The account and vouchers must be recorded.
Ala. Code § 26-2A-152 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-152
Section 26-2A-152 Powers of Conservator in Administration
Status: in_force

(a) Subject to limitation provided in Section 26-2A-154, a conservator shall have all of the powers conferred in this section and any additional powers now or hereafter conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor as to whom no one has parental rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor attains the age of 19 years, or the disabilities of nonage have been removed, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided in Division 1 of this article.

(b) A conservator without court authorization or confirmation may invest and reinvest funds of the estate as would a trustee.

(c) A conservator, acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court authorization or confirmation, to

(1) Collect, hold, and retain assets of the estate including land in another state and stocks of private corporations, until determining that disposition of the assets should be made, and the assets may be retained even though they include an asset in which the conservator is personally interested;

(2) Receive additions to the estate;

(3) Acquire an undivided interest in an asset of the estate that is otherwise an investment authorized for the conservator and in which the conservator, in any fiduciary capacity, holds an undivided interest;

(4) Invest and reinvest estate assets in accordance with subsection (b);

(5) Deposit estate funds to the extent insured in a state or federally insured financial institution, including one operated by the conservator;

(6) Acquire an asset for the estate that is an authorized investment for conservators, including land in another state, for cash or on credit, at public or private sale, and manage, develop, improve, partition, or change the character of an estate asset;

(7) Dispose of an asset, other than real property, of the estate for cash or on credit, at public or private sale, and manage or change the character of an estate asset;

(8) Make ordinary or extraordinary repairs or alterations in buildings or other structures;

(9) Enter for any purpose into a lease as lessor or lessee for a term not exceeding five years;

(10) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;

(11) Grant an option for a period not exceeding one year involving disposition of an estate asset;

(12) Vote a security, in person or by general or limited proxy;

(13) Pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;

(14) Sell or exercise stock-subscription or conversion rights;

(15) Deposit any stocks, bonds, or other securities at any time held in any pool or voting trust containing terms or provisions approved by the conservator;

(16) Consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;

(17) Insure the assets of the estate against damage or loss and the conservator against liability with respect to third persons;

(18) Borrow money for the protection of the estate to be repaid from estate assets or otherwise; advance money for the protection of the estate or the protected person and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets, for which the conservator has a lien on the estate as against the protected person for advances so made;

(19) Pay or contest any claim; settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise; and release, in whole or in part, any claim belonging to the estate to the extent the claim is uncollectible;

(20) Pay reasonable annual compensation of the conservator, subject to final approval of the court in an accounting under Section 26-2A-147;

(21) Pay taxes, assessments, and other expenses incurred in the collection, care, administration, and protection of the estate;

(22) Allocate items of income or expense to either estate income or principal, as provided by the applicable principal and income act or other law, including creation of reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties;

(23) Pay any sum distributable to a protected person or dependent of the protected person by - (i) paying the sum to the distributee, (ii) applying the sum for the benefit of the distributee, or (iii) paying the sum for the use of the distributee to the guardian of the distributee, or, if none, to a relative or other person having custody of the distributee;

(24) Employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with the conservator, to advise or assist in the performance of administrative duties;

(25) Prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of fiduciary duties;

(26) Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator; and

(27) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the stock so held.

(d) A conservator, acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act with prior court authorization, to

(1) Continue or participate in the operation of any business or other enterprise;

(2) Demolish any improvements and raze or erect new party walls or buildings;

(3) Dispose of any real property, including land in another state, for cash or on credit, at public or private sale, and manage, develop, improve, partition, or change the character of estate real property;

(4) Subdivide, develop, or dedicate land or easements to public use; make or obtain the vacation of plats and adjust boundaries;

(5) Enter for any purpose into a lease as lessor or lessee for a term of five or more years or extending beyond the term of the conservatorship;

(6) Grant an option for a term of more than one year involving disposition of an estate asset; and

(7) Take an option for the acquisition of any asset.
Ala. Code § 26-5-4 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-4
Section 26-5-4 Partial Settlement - Examination of Vouchers and Auditing and Stating of Account; Taxing of Costs for Contest or Examination Where Vouchers or Items Rejected
Status: in_force

On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence in support of all such vouchers or items of the account as may be contested or as may not on examination appear to the court to be just and proper, such evidence to be taken by affidavit or by any other legal mode. If any voucher or item be rejected, all costs accruing on the contest or examination thereof must be taxed against the conservator personally.
Ala. Code § 26-17-15 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-15
Section 26-17-15 Orders - Enforcement
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-10B-5 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-5
Section 26-10B-5 Provisions Required to Be Included in Compact
Status: in_force

A compact entered into pursuant to the authority conferred by this chapter shall include:

(1) A provision making the compact available for joinder by all states;

(2) A provision or provisions allowing withdrawal from the compact upon written notice to the parties, but requiring a period of one year between the date of the notice and the effective date of the withdrawal;

(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode;

(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance;

(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
Ala. Code § 26-1A-204 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-204
Section 26-1A-204 Real Property
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:

(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;

(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;

(3) pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;

(5) manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:

(A) insuring against liability or casualty or other loss;

(B) obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;

(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and

(D) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;

(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;

(7) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:

(A) selling or otherwise disposing of them;

(B) exercising or selling an option, right of conversion, or similar right with respect to them; and

(C) exercising any voting rights in person or by proxy;

(8) change the form of title of an interest in or right incident to real property; and

(9) dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
Ala. Code § 26-17-633 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-633
Section 26-17-633 Hearings; Inspection of Records
Status: in_force

(a) On request of a party and for good cause shown, the court may close a proceeding under this article.

(b) A court file in a proceeding under this article is available for public inspection unless sealed by an order of the court for good cause.
Ala. Code § 26-18-10 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-10
Section 26-18-10 Authority of One in Custody to Place Child for Adoption or Consent to Adoption
Status: in_force

Amended and renumbered as Section 12-15-322 by Act 2008-277, §19, effective January 1, 2009.
Ala. Code § 26-17-607 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-607
Section 26-17-607 Action to Disprove Parentage When There Is a Presumed Father
Status: in_force

(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time. If the presumed father persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to disprove paternity.

(b) A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man.
Ala. Code § 26-19-5 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-5
Section 26-19-5 Law Enforcement Agencies to Report Missing Persons to ACMEC; Contents of Report
Status: in_force

Any law enforcement agency in this state in which a complaint of a missing person has been filed shall prepare and send a report to ACMEC immediately on any missing person or unidentified deceased person. That report shall include, but is not limited to, the following:

(1) All information contained in the complaint on a missing person.

(2) All information or evidence gathered by a preliminary investigation, if one was made.

(3) A statement, by the law enforcement officer in charge, setting forth that officer’s assessment of the case based upon all evidence and information received.

(4) An explanation of the next steps to be taken by the law enforcement agency filing the report.
Ala. Code § 26-10-28 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-28
Section 26-10-28 Records Confidential
Status: in_force

All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with Sections 26-10E-30, 26-10E-31, 26-10F-15, 26-10F-17, 38-2-6(8), and 38-7-13.
Ala. Code § 26-14-8 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-8
Section 26-14-8 Statewide Central Registry
Status: in_force

(a) For the purposes of this section, the following words shall have the following meanings, respectively:

(1) INDICATED. When credible evidence and professional judgment substantiates that an alleged perpetrator is responsible for child abuse or neglect.

(2) NOT INDICATED. When credible evidence and professional judgment does not substantiate that an alleged perpetrator is responsible for child abuse or neglect.

(b) The Department of Human Resources shall establish a statewide central registry for reports of child abuse and neglect made pursuant to this chapter. The central registry shall contain, but shall not be limited to:

(1) All information in the written report;

(2) Record of the final disposition of the report, including services offered and services accepted;

(3) The names and identifying data, dates, and circumstances of any persons requesting or receiving information from the registry; provided, however, that requests for information and responses where no report exists may be destroyed after three years from the date of the request;

(4) The plan for rehabilitative treatment; and

(5) Any other information which might be helpful in furthering the purposes of this chapter.

(c) The Department of Human Resources shall establish and enforce reasonable rules and regulations governing the custody, use, and preservation of the reports and records of child abuse and neglect. Child abuse and neglect reports and records shall be limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished. The reports and records of child abuse and neglect and related information or testimony shall be confidential, and shall not be used or disclosed for any purposes other than:

(1) To permit their use to prevent or to discover abuse or neglect of children through the information contained therein, except reports or records in cases determined to be “not indicated” shall not be used or disclosed for purposes of employment or other background checks; or

(2) For investigation of child abuse or neglect by the police or other law enforcement agency; or

(3) For use by a grand jury upon its determination that access to such reports and records is necessary in the conduct of its official business; or

(4) For use by a court where it finds that such information is necessary for the determination of an issue before the court; or

(5) For use by any person engaged in bona fide research who is authorized to have access to such information by the Commissioner of the Department of Human Resources; or

(6) For use by any person authorized by a court to act as a representative for an abused or neglected child who is the subject of a report; or

(7) For use by a physician who has before him a child whom he reasonably suspects may be abused or neglected; or

(8) For use by an attorney or guardian ad litem in representing or defending a child or its parents or guardians in a court proceeding related to abuse or neglect of the child; or

(9) For use by federal, state, or local governmental entities, social service agencies of another state, or any agent of such entities, having a need for the information in order to carry out their responsibilities under law to protect children from abuse and neglect; or

(10) For use by child abuse citizen review or quality assurance or multidisciplinary review panels; or

(11) For use by child fatality review panels; or

(12) For public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality; the term “near fatality” means an act that, as certified by a physician, places the child in serious or critical condition. Information identifying by name persons other than the victim shall not be disclosed.

(d) The names of persons or information in the investigative report placed on the state’s central registry which may be made available to the alleged perpetrator’s employer, prospective employer, or others are those cases that the Department of Human Resources or the investigative hearing officer has determined child abuse or neglect to be indicated.

(e) In the case of any child abuse or neglect investigation which is determined to be “not indicated,” the alleged perpetrator may request after five years from the completion of the investigation that his or her name be expunged from the central registry so long as the Department of Human Resources has received no further reports concerning the alleged perpetrator during the five years, at which time the department shall expunge the name.

(f) Nothing in this section shall be construed as restricting the ability of a department to refuse to disclose identifying information concerning the individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that the department may not refuse such a disclosure in cases in which a court orders such disclosure after the court has reviewed, in camera, the record of the department related to the report or complaint and has determined that it has reason to believe that the person making the report knowingly made a false report.

(g) Any person receiving reports or records of child abuse or neglect or related information under this section shall maintain the confidentiality of the documents and information and not disclose it except as authorized by law.

(h) Any violation of the provision of confidentiality shall be a Class A misdemeanor.
Ala. Code § 26-24-3 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-3
Section 26-24-3 Duties of Secretary
Status: in_force

The duties of the secretary shall include, but not be limited to, all of the following:

(1) Advising the Governor and the Legislature in matters relating to the coordination of services for children under the age of 19.

(2) Serving as a liaison between the Governor and state agencies providing programs or services for children.

(3) Educating and informing legislators and other elected officials about issues affecting children.

(4) Coordinating local effort by creating a network of existing local and community groups and advocates dedicated to children to enable beneficial organizations throughout the state to assist and educate each other.

(5) Actively seeking and applying for federal and private grants to fund children’s programs.

(6) Establishing a repository for information on programs other than education programs offered by the Department of Education for K-12 in Alabama, which offer services for, or are for the benefit of, or in any way affect Alabama’s children, including, but not limited to, the Department of Human Resources, the Department of Mental Health, Rehabilitation Services, the Department of Public Health, the Department of Youth Services, the Children’s Trust Fund, the Alabama Department of Economic and Community Affairs, the Alcoholic Beverage Control Board, the Alabama State Law Enforcement Agency, and the Child Abuse and Neglect Prevention Board.

(7) Preparing and submitting to the Governor and the Legislature annual reports on activities and expenditures of state and local agencies related to children; all state, local, and federal funding available for children’s programs other than education programs offered by the Department of Education for K-12; and recommendations of proposed legislation on the most efficient utilization of resources available in order to maximize services provided to children.

(8) Preparing or causing to be prepared, and submitting for approval and adoption by the Children’s Policy Council, legislation required to meet the unmet needs of children by further development and improvement of children services.

(9) Review the budget requests for children’s services of any state agency that administers children’s programs other than education programs offered by the Department of Education for K-12.

(10) Develop a cohesive and comprehensive system of high quality early learning and care.
Ala. Code § 26-14-1 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-1
Section 26-14-1 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:

(1) ABUSE. Harm or threatened harm to a child’s health or welfare. Harm or threatened harm to a child’s health or welfare can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children as those acts are defined by Alabama law. Sexual exploitation includes allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes.

(2) NEGLECT. Negligent treatment or maltreatment of a child, including the failure to provide adequate food, medical treatment, supervision, clothing, or shelter.

(3) CHILD. Either of the following:

a. A person under the age of 18 years.

b. A person under the age of 19 years who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38.

(4) DULY CONSTITUTED AUTHORITY. The chief of police of a municipality or municipality and county; or the sheriff, if the observation of child abuse or neglect is made in an unincorporated territory; or the Department of Human Resources; or any person, organization, corporation, group, or agency authorized and designated by the Department of Human Resources to receive reports of child abuse and neglect; provided, that a duly constituted authority shall not include an agency involved in the acts or omissions of the reported child abuse or neglect.
Ala. Code § 26-14-6 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-6
Section 26-14-6 Temporary Protective Custody
Status: in_force

A police officer, a law enforcement official, or a designated employee of the State or County Department of Human Resources may take a child into protective custody, or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody, without the consent of the parent or guardian, whether or not additional medical treatment is required, if the circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or other person responsible for the child’s care presents an imminent danger to that child’s life or health. However, such official shall immediately notify the court having jurisdiction over juveniles of such actions in taking the child into protective custody; provided, that such custody shall not exceed 72 hours and that a court of competent jurisdiction and the Department of Human Resources shall be notified immediately in order that child-protective proceedings may be initiated. During such period of temporary custody, the director of the county department of human resources may give or cause to be given effective consent for medical, dental, health, and hospital services for any abused or neglected child.
Ala. Code § 26-2A-72 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-72
Section 26-2A-72 Objection by Minor of 14 or Older to Parental Appointment
Status: in_force

A minor 14 or more years of age who is the subject of a parental appointment may prevent the appointment or cause it to terminate by filing in the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within 30 days after receiving notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the parental nominee or any other suitable person.
Ala. Code § 26-17-506 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-506
Section 26-17-506 Costs of Genetic Testing
Status: in_force

(a) Subject to assessment of costs under Article 6, the cost of initial genetic testing must be advanced:

(1) by the Alabama Department of Human Resources in a proceeding in which the Alabama Department of Human Resources is providing services, except when alternative arrangements have been made between the Alabama Department of Human Resources and the testing laboratory;

(2) by the individual who made the request;

(3) as agreed by the parties; or

(4) as ordered by the court.

(b) If paternity is established and the cost of the genetic test was paid for by the Alabama Department of Human Resources, the department may seek recoupment of the cost for the genetic test from the alleged father who denied paternity.
Ala. Code § 26-23G-7 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-7
Section 26-23G-7 Criminal Penalties
Status: in_force

Whoever is found to have violated Section 26-23G-3 shall be fined ten thousand dollars ($10,000) or imprisoned for not more than two years, or both.
Ala. Code § 26-1-4 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-4
Section 26-1-4 Alabama State Law Enforcement Agency to Provide Criminal Conviction Information on Applicants for Positions Involving Child Care and Treatment; Such Information to Be Confidential; Applicant to Be Denied Status If Has Felony Conviction; Children May Be Removed from Home
Status: in_force

(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama State Law Enforcement Agency, by the Department of Human Resources, or by any other youth service agency approved by the department, such center shall provide information to the department or an approved agency concerning the felony criminal conviction record in this or another state of an applicant for a paid or voluntary position, including one established by contract, whose primary duty is the care or treatment of children, including applicants for adoption or foster parents. All information, including any criminal conviction record, procured by the department or an approved agency shall be confidential and shall not be further disclosed by such agencies or their representatives. The applicant may be denied an adoptive or foster parent status if he or she has a felony conviction, and if a foster parent is subsequently convicted of a felony the child or children may be removed from that home and relocated with another foster parent. This determination shall be made by the court handling the matter, giving primary consideration to the best interests of the child.

(b) The Alabama State Law Enforcement Agency shall provide appropriate forms and shall create a procedure for the application for such information.

(c) Any violation of the provisions of this section relative to the confidentiality of information received by the department or other approved agency shall be punishable by a fine of not more than $1,000.00.
Ala. Code § 26-13-6 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-6
Section 26-13-6 Restriction of Rights of Minor by Judgment of Court
Status: in_force

The court, in its judgment, may, if it deems it advisable, restrict and qualify the rights of a minor relieved from the disabilities of nonage, as to acquittances to, and contracts with guardians, executors, administrators, trustees, and other persons indebted to such minor, to such an extent as to the court may seem proper in each particular case. Such restrictions shall be fully set forth in the judgment relieving such minor from the disabilities of nonage.
Ala. Code § 26-1A-119 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-119
Section 26-1A-119 Acceptance of and Reliance Upon Acknowledged Power of Attorney
Status: in_force

(a) For purposes of this section and Section 26-1A-120, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgments and “reasonable time” shall not be deemed to be less than seven business days.

(b) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 26-1A-105 that the signature is genuine.

(c) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority is fully exonerated from any liability for effecting the transaction in reliance upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent’s authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.

(d) A person that is asked to effect a transaction in reliance upon an acknowledged power of attorney may, but is not required to, request, and rely upon, without further investigation:

(1) an agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;

(2) an acknowledged or properly authenticated English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and

(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.

(e) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense if the request is made within a reasonable time after a person is requested to effect a transaction in reliance upon the power of attorney.

(f) For purposes of this section and Section 26-1A-120, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee effecting the transaction in reliance upon the power of attorney is without actual knowledge of the fact.
Ala. Code § 26-24-1 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-1
Section 26-24-1 Department Established and Renamed
Status: in_force

(a) Commencing on August 1, 2015, the Department of Children’s Affairs shall be known as the Department of Early Childhood Education. The department is a part of the Executive Department of state government, principally established to enable the Governor to effectively and efficiently coordinate efforts and programs to serve children throughout the state.

(b) All references to the Department of Children’s Affairs and to the Commissioner of the Department of Children’s Affairs in this code are changed to the Department of Early Childhood Education and the Secretary of the Department of Early Childhood Education, respectively. All other laws, rules, regulations, and legal references of any kind to the Department of Children’s Affairs or to the Commissioner of the Department of Children’s Affairs shall be changed to the Department of Early Childhood Education or the Secretary of the Department of Early Childhood Education, 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 § 26-2A-156 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-156
Section 26-2A-156 Claims Against Protected Person; Enforcement
Status: in_force

(a) A conservator may pay or secure from the estate claims against the estate or against the protected person arising before or after the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (d). A claim may be presented by either of the following methods:

(1) The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and mailing address of the claimant, and the amount claimed; or

(2) The claimant may file a written statement of the claim, in the form prescribed by rules of the court, with the clerk of court and deliver or mail a copy of the statement to the conservator.

(b) A claim is deemed presented on the first to occur of receipt of the written statement of claim by the conservator or the filing of the claim with the court. A presented claim is presumed to be disallowed if receipt of the claim is not acknowledged by written statement mailed by the conservator to the claimant within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until 30 days after its disallowance. A creditor whose debt is secured by a lien on certain property is not required to file a claim under this subsection in order to preserve the creditor’s priority to the extent of the security, but the creditor must file a claim under this subsection in order to acquire a priority for the debt to the extent it exceeds the value of the security.

(c) A claimant whose claim has not been paid may petition a court of general jurisdiction for determination of the claim at any time before it is barred by the applicable statute of limitation and, upon due proof, procure an order for its allowance, payment, or security from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party shall give notice of the proceeding to the conservator if the proceeding could result in creating a claim against the estate.

(d) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, the conservator shall distribute the estate in money or in kind in payment of unsecured claims in the following order:

(1) Costs and expenses of administration;

(2) Claims of the federal or state government having priority under other laws;

(3) Claims incurred by the conservator for care, maintenance, and education, previously provided to the protected person or the protected person’s dependents;

(4) Claims arising prior to the conservatorship;

(5) All other claims.

(e) No preference may be given in the payment of any claim over any other claim of the same class, and a claim due and payable is not entitled to a preference over claims not due; but if it appears that the assets of the conservatorship are adequate to meet all existing claims, the court, acting in the best interest of the protected person, may order the conservator to give a mortgage or other security on the conservatorship estate to secure payment at some future date of any or all claims in class 5.
Ala. Code § 26-2-43 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-43
Section 26-2-43 Procedure Generally - Summoning, Etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated
Status: in_force

The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to the time of trial. The probate judge must also issue a writ directed to the sheriff to take the person alleged to be incapacitated and, if consistent with his or her health or safety, have him or her present at the place of the trial.
Ala. Code § 26-14-12 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-12
Section 26-14-12 Establishment of Regulations by Department of Human Resources
Status: in_force

The State Department of Human Resources may establish such regulations as may be necessary to implement this chapter and to encourage cooperation with other states in exchanging reports to effect a national registration system.
Ala. Code § 26-16-51 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-51
Section 26-16-51 Department of Human Resources to Adopt Guidelines and Criteria; General Role and Functions of Teams
Status: in_force

The Department of Human Resources shall adopt guidelines and criteria relating to the operations and functions of the team as promulgated by the advisory committee created pursuant to Section 26-16-52. The guidelines will be supplemental to the existing protective service activities of the children, youth, and family programs of the State of Alabama. Nothing in this section shall be construed to remove or reduce the duty and responsibility of any person to report all suspected or actual cases of child abuse or neglect or sexual abuse of a child pursuant to law. The general role of the teams shall be to support activities of the program and to provide services to abused and neglected children upon referral by the county departments of human resources, or any other agency as set forth in the guidelines and criteria established.

To the extent that resources are available to each of the various teams throughout the state, the functions of the teams shall include, but not be limited to, the following specific functions:

(1) To provide comprehensive medical and psychological programs for the identification and diagnosis of child abuse and for treatment and rehabilitation programs for abused children and their family members.

(2) To provide case service coordination and assistance, including the types and locations of services available to abused children and their family members from other public or private agencies in the community in an effort to provide the fullest range of services while avoiding the duplication of services.

(3) To provide for educational and community awareness campaigns on child abuse and neglect in an effort to enable citizens more successfully to prevent, identify, and report and treat child abuse and neglect victims in the community.
Ala. Code § 26-16-32 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-32
Section 26-16-32 State Income Tax Refund Designation Program - Disposition of Contributions
Status: in_force

(a) Each year that the refund designation program established in Section 26-16-31(a), above, is in effect, the Commissioner of the Department of Revenue shall transfer to the Children’s Trust Fund an amount equal to the total amount designated by individuals to be paid to the fund under this article, less an amount, equal to not more than three percent of the total of such funds then collected, for the additional cost incurred by the Department of Revenue in collecting and handling such funds which shall be deposited the General Fund of the State Treasury for the use of the Revenue Department. Such deposits shall be made not less than quarterly commencing with the first day such funds are collected from the taxpayer.

(b) Moneys contained in the Children’s Trust Fund are continuously appropriated to the Child Abuse and Neglect Prevention Board for the purposes set out in Section 26-16-30(f) of this article. Such funds shall be supplemental to any and all other appropriations heretofore or hereafter made to the Child Abuse and Neglect Prevention Board. No provision of this article shall be construed to be in lieu of annual appropriations.

(c) The Child Abuse and Neglect Prevention Board shall have access to and control of the moneys in the fund and shall be authorized to distribute such funds only for the purposes of this article and Section 26-16-9 of the Child Abuse and Neglect Prevention Act (the act proposed by House Bill No. 57 of the 1983 Regular Session of the Alabama Legislature).
Ala. Code § 26-24-34 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-34
Section 26-24-34 County Children’s Policy Councils - Duties
Status: in_force

The duties of the county children’s policy council shall include, but not be limited to, the following: Reviewing the needs of children in the county and the responsibilities assigned each department or agency by law; determining areas of responsibility and identifying areas of duplication or conflict between departments and agencies in the county; identifying local resources and developing, in conjunction with the Department of Early Childhood Education, and up-dating annually, a local resource guide to services available to children which shall include procedural information concerning how to access those local services; articulating and communicating to the local community the needs of children; and submitting an annual report to the Department of Early Childhood Education by July 1 of each year on the local services provided to children, local needs of children, and recommendations of the county children’s policy council based on data from the previous fiscal year ending September 30. The Department of Early Childhood Education shall then, by September 1 of each year, submit its summary recommendations based on the reports, along with a copy of each local report to the Alabama Children’s Policy Council. The local resource guides shall be used by the Alabama Children’s Policy Council in compiling a state resource guide, which may be automated and shall be distributed to the general public and to agencies and organizations serving children.
Ala. Code § 26-1A-216 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-216
Section 26-1A-216 Taxes
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:

(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;

(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;

(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and

(4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
Ala. Code § 26-14-9 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-9
Section 26-14-9 Immunity from Liability for Actions Under Chapter
Status: in_force

Any person, firm, corporation, or official, including members of a multidisciplinary child protection team, quality assurance team, child death review team, or other authorized case review team or panel, by whatever designation, participating in the making of a good faith report in an investigation or case review authorized under this chapter or other law or department practice or in the removal of a child pursuant to this chapter, or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
Ala. Code § 26-17-508 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-508
Section 26-17-508 Genetic Testing When Specimens Not Available
Status: in_force

(a) Subject to subsection (b), if a genetic-testing specimen is not available from an individual who may be the mother or the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:

(1) the parents of the individual;

(2) brothers and sisters of the individual;

(3) other children of the individual and their other parent; and

(4) other relatives of the individual necessary to complete genetic testing.

(b) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the person sought to be tested.
Ala. Code § 26-23E-10 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-10
Section 26-23E-10 Paternity Inquiries of Pregnant Minor Child; Reporting Requirements
Status: in_force

(a) Any minor child under the age of 16 seeking an abortion from an abortion or reproductive health care facility shall be asked by the physician performing the abortion or his or her agent to state the name and age of the individual who is believed to be the father of the unborn child. While the minor child may refuse to provide the father’s name and age, she should be encouraged to do so by the physician or agent consistent with the physician’s legal obligation to reduce the incidence of child abuse when there is reason to suspect that it has occurred.

(b) In addition to any other abuse reporting requirements that may apply to the staff of an abortion or reproductive health center, if the reported age of the father is two or more years greater than the age of the minor child, the facility shall report the names of the pregnant minor child and the father to both local law enforcement and the county department of human resources. If the pregnant minor child is less than 14 years old, the name of the minor child shall be reported to the Department of Human Resources, regardless of whether the father is two or more years older than the minor child. The receipt of reportable information by any member of a facility staff shall trigger the requirement for the facility to report such information. Nothing in this section shall be construed to constructively repeal any other provisions of law requiring parental consent before an abortion procedure is performed.
Ala. Code § 26-10D-1 — Alabama Code / Title 26 / Chapter 10D / Section 26-10D-1
Section 26-10D-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Child Placing Agency Inclusion Act.
Ala. Code § 26-2A-4 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-4
Section 26-2A-4 Severability
Status: in_force

If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Ala. Code § 26-2-55 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-55
Section 26-2-55 Revocation of Guardianship or Conservatorship - Upon Application by Guardian or Conservator
Status: in_force

If, at any time after his or her appointment, the guardian or conservator becomes satisfied that the incapacity of the ward has terminated, and is capable of managing his or her estate and the judge of probate is of the opinion, from the proof and the facts stated, that such representation is correct, the judge of probate must make an order that the guardian or conservator be discharged and that the estate of the ward be restored to him or her.
Ala. Code § 26-2A-80 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-80
Section 26-2A-80 Proceedings Subsequent to Appointment; Venue
Status: in_force

(a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship.

(b) If the court at the place where the ward resides is neither the appointing court nor the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate cases shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian must be sent to the appointing court or the court in which acceptance of appointment is filed.
Ala. Code § 26-5-8 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-8
Section 26-5-8 Final Settlement Generally - Filing of Account and Vouchers by Conservator; Appointment of Guardian Ad Litem for Ward
Status: in_force

The conservator, or his or her personal representative, must file in the court of probate a full account of the conservatorship, accompanied by the vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise incapacitated.
Ala. Code § 26-2A-160 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-160
Section 26-2A-160 Foreign Conservator; Proof of Authority; Bond; Powers
Status: in_force

If a conservator has not been appointed in this state and no petition in a protective proceeding is pending in this state, a conservator appointed in the state in which the protected person resides may file in a court of this state in a [county] in which property belonging to the protected person is located, authenticated copies of letters of appointment and of any bond. Thereafter, the domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator appointed in this state and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
Ala. Code § 26-1A-401 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-401
Section 26-1A-401 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Ala. Code § 26-17-11 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-11
Section 26-17-11 Parties; Representation of Minor Child; Aligning Parties
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-3-12 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-12
Section 26-3-12 Approval, Filing, and Recordation of Bonds
Status: in_force

All bonds given by conservators must be approved by the judge of probate issuing the letters of conservatorship and must be filed and recorded in his or her office.
Ala. Code § 26-5-13 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-13
Section 26-5-13 Determination, Allowance, Etc., of Conservator’s and Attorney’s Fees Generally - Annual, Partial, or Final Settlements Generally
Status: in_force

Upon any annual, partial, or final settlement made by any conservator, the court having jurisdiction thereof may fix, determine, and allow the fees or other compensation to which such conservator is entitled from an estate up to the time of such settlement and may also fix, determine, and allow an attorney’s fee or compensation to be paid from such estate to attorneys representing such conservator for services rendered to the time of such settlement.
Ala. Code § 26-2A-149 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-149
Section 26-2A-149 Recording of Conservator’s Letters
Status: in_force

(a) Except for property unaffected by the appointment of a conservator specified in Section 26-2A-148(a), letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator to the protected person, or to successors of the person.

(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person. For the filing and recordation of letters of conservatorship and orders terminating conservatorships, the probate judge shall receive the same compensation (fees of registration) therefor as for recording deeds to land, but no tax levied upon the recordation of mortgages, deeds, and instruments of like character shall be levied upon or collected.
Ala. Code § 26-8-49 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-49
Section 26-8-49 Sale of Property to Effect Removal Thereof from State - Application for Order of Sale
Status: in_force

The application for such order of sale must be in writing, verified by affidavit, must describe the property sought to be sold and must state the facts showing that the interest of the minor or incapacitated person would be promoted by the proposed sale.
Ala. Code § 26-16-111 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-111
Section 26-16-111 Legislative Findings
Status: in_force

The Legislature finds and declares all the following:

(1) Protection of the health and welfare of the infants of this state is a goal of its people and the unexpected or unexplained death of an infant is an important public health concern that requires legislative action.

(2) Death scene investigations and findings thereof can be particularly important in accurately diagnosing the manners and causes of infant deaths.

(3) Collecting accurate data on the cause and manner of unexpected infant deaths will better enable the state to protect infants from preventable deaths and will help reduce the incidence of infant deaths.
Ala. Code § 26-2-53 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-53
Section 26-2-53 Revocation of Guardianship or Conservatorship - Upon Application by Person Ascertained to Be Incapacitated - Conduct of Hearing or Trial Upon Contested Application; Entry of Decree Revoking Guardianship or Conservatorship, Etc., Where Application Not Contested
Status: in_force

If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition.

If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of his or her estate.
Ala. Code § 26-1A-122 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-122
Section 26-1A-122 Laws Applicable to Financial Institutions and Entities
Status: in_force

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
Ala. Code § 26-2-27 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-27
Section 26-2-27 Appointment of Sheriff as Guardian
Status: in_force

If no fit person is appointed and qualifies as guardian of a minor and there be no general guardian for the county, the sheriff must be appointed guardian and the guardianship attaches to the office of sheriff.
Ala. Code § 26-10D-5 — Alabama Code / Title 26 / Chapter 10D / Section 26-10D-5
Section 26-10D-5 State Prohibited from Discriminating Against Child Care Service Providers Under Certain Conditions
Status: in_force

(a) The state may not refuse to license or otherwise discriminate or take an adverse action against any child placing agency that is licensed by or required to be licensed by the state for child placing services on the basis that the child placing agency declines to make, provide, facilitate, or refer for a placement in a manner that conflicts with, or under circumstances that conflict with, the sincerely held religious beliefs of the child placing agency provided the agency is otherwise in compliance with the requirements of the Alabama Child Care Act of 1971, Chapter 7, Title 38, and the Minimum Standards for Child Placing Agencies.

(b) If a child placing agency under subsection (a) declines to make, provide, facilitate, or refer for a child placement, the decision of the child placing agency may not limit the ability of another child placing agency to make, provide, facilitate, or refer for the placement.
Ala. Code § 26-20-2 — Alabama Code / Title 26 / Chapter 20 / Section 26-20-2
Section 26-20-2 Other Employers to Obtain Statement from Employees Disclosing Sex Crimes; Required Information; Disposition of Form Statement; Verification Process
Status: reserved

Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
Ala. Code § 26-24-32 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-32
Section 26-24-32 Expenses of Alabama Children’s Policy Council Members Who Are State Officers or Employees
Status: in_force

The members of the Alabama Children’s Policy Council who are officers or employees of the State of Alabama shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at the same rate as other state employees. These expenses shall be paid by the Comptroller from funds appropriated from the State Treasury to the department or agency which the member represents.
Ala. Code § 26-1A-110 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-110
Section 26-1A-110 Termination of Power of Attorney or Agent’s Authority
Status: in_force

(a) A power of attorney terminates when:

(1) the principal dies;

(2) the principal becomes incapacitated, if the power of attorney is not durable;

(3) the principal revokes the power of attorney;

(4) the power of attorney provides that it terminates;

(5) the purpose of the power of attorney is accomplished;

(6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney; or

(7) revoked by a fiduciary appointed by a court.

(b) An agent’s authority terminates when:

(1) the principal revokes the authority;

(2) the agent dies, becomes incapacitated, or resigns;

(3) an action is filed for the divorce or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or

(4) the power of attorney terminates.

(c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.

(d) Termination of an agent’s authority or of a power of attorney is not effective as to the agent that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.

(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
Ala. Code § 26-21-7 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-7
Section 26-21-7 Nonliability of Physician for Claims Arising Out of Disclosure of Information; Nondisclosure of Information Regarding Abortion Pursuant to Court Order; Physician Has No Duty to Secure Waiver
Status: in_force

(a) No physician who complies with the parental consent requirements of this chapter shall be liable in any manner to the minor upon whom the abortion was performed for any claim whatsoever arising out of or based on the disclosure of any information concerning the medical condition of such minor to her parent, parents, or legal guardian. Notwithstanding the foregoing, a physician who performs an abortion pursuant to a court order obtained under this chapter, shall not disclose any information regarding same to the parent, parents, or legal guardian of the minor unless such disclosure is made pursuant to a court order. In no event shall the physician be under any duty to initiate proceedings in any court to secure a waiver of the parental consent requirement on behalf of any minor who has requested that an abortion be performed.

(b) Any physician who complies with this chapter may not be held civilly liable to his or her patient for failure to obtain consent to the abortion required by this chapter.

(c) A physician or his or her agents who demonstrates compliance with the requirements of this chapter shall not bear criminal or civil liability for the deliberate, intentional, or willful action by the minor or any other person acting in concert with or on behalf of the minor to present fabricated, altered, forged, or counterfeit identification, certificates, or other documentation to satisfy the parental consent requirements of this chapter.
Ala. Code § 26-20-3 — Alabama Code / Title 26 / Chapter 20 / Section 26-20-3
Section 26-20-3 Penalty for False Statements by Employees
Status: reserved

Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
Ala. Code § 26-3-10 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-10
Section 26-3-10 Bonds of Certain Conservators to Have Force and Effect of Statutory Bonds
Status: in_force

The bond of the general conservator of the county or of the conservator of a minor or of an incapacitated person is valid and operative as a statutory bond and is of the same obligation, force, and effect as a statutory bond, though it may not be approved or in the penalty or payable or with the condition required by law.
Ala. Code § 26-10F-4 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-4
Section 26-10F-4 Residency of Petitioners; Venue
Status: in_force

(a) The petitioner or petitioners, or the adoptee, must be a resident of the State of Alabama.

(b) All petitions must be filed in the probate court of either of the following counties:

(1) The county in which the adoptee resides, or is in military service.

(2) The county in which the petitioner or petitioners resides or is in military service.
Ala. Code § 26-20-4 — Alabama Code / Title 26 / Chapter 20 / Section 26-20-4
Section 26-20-4 Exempt Employees Required to Submit Statement
Status: reserved

Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
Ala. Code § 26-23D-1 — Alabama Code / Title 26 / Chapter 23D / Section 26-23D-1
Section 26-23D-1 Ectopic Pregnancy
Status: in_force

(a) For the purposes of this section, the term ectopic pregnancy means any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.

(b) The term abortion, when used in the Code of Alabama 1975, or in the Alabama Administrative Code, shall not be construed to include any procedure to terminate an ectopic pregnancy, unless the statutory provision or rule expressly states that it is intended to apply to a procedure to terminate an ectopic pregnancy.

(c) The requirement of Section 26-23B-4, for a physician to make a determination of the probable post-fertilization age of the unborn child prior to an abortion shall apply only to abortion procedures. The requirements of Section 22-9A-13, for reporting fetal deaths and pregnancy terminations shall be construed to require a report of the probable post-fertilization age only for abortion procedures.
Ala. Code § 26-17-6 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-6
Section 26-17-6 Action to Determine Father and Child Relationship
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-2A-104.1 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-104.1
Section 26-2A-104.1 Corporations as Guardians for Developmentally Disabled
Status: in_force

(a) The term “developmentally disabled” means a person whose impairment of general intellectual functioning or adaptive behavior which is manifested before the person attains the age of 22 and results in intellectual disability, cerebral palsy, epilepsy or autism and as defined in Public Law 98-527, the Developmental Disabilities Assistance and Bill of Rights Act (Section 102(7)).

(b) A private non-profit corporation organized under the laws of Alabama and qualified under the Internal Revenue Code as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as guardian for persons with developmental disabilities and who has been determined by the probate court to need some degree of guardianship; provided that those corporations qualifying under this section shall be governed by a board of directors which shall have no fewer than 35 percent of its membership representing parents or siblings of persons with developmental disabilities. Further such corporation shall be established in perpetuity to provide a lifetime of service to those persons placed under their care. In no case shall a corporation appointed under this section engage in providing direct or indirect services to the wards/protective persons under its care or take any other action that could be considered a conflict of interest.

(c) The Alabama Department of Mental Health shall assist the courts in their implementation of this section and shall develop guidelines for the provision of guardianship services by corporations appointed under this section.
Ala. Code § 26-17-634 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-634
Section 26-17-634 Order on Default
Status: in_force

The court shall issue an order adjudicating the paternity of a man who:

(1) after service of process, is in default; and

(2) is found by the court to be the father of a child.
Ala. Code § 26-23E-7 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-7
Section 26-23E-7 Prescription of Abortion-Inducing Drugs
Status: in_force

Only a physician may give, sell, dispense, administer, or otherwise prescribe an abortion-inducing drug. Because the failure and complications from medical abortion increase with advancing gestational age, because the physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug must first examine the pregnant woman in person and document, in the woman’s medical chart, the gestational age and intrauterine location of the pregnancy prior to giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug.
Ala. Code § 26-24-5 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-5
Section 26-24-5 Performance of Duties
Status: in_force

In the performance of the functions and duties of the office and in the exercise of the powers and authorities, the secretary and all other officers and employees of the department shall be subject to all legal restrictions, limitations, and conditions and penalties, civil and criminal, with respect to the performance of those functions and duties and the exercise of those powers and authorities.
Ala. Code § 26-2A-71 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-71
Section 26-2A-71 Parental Appointment of Guardian for Minor
Status: in_force

(a) The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged.

(b) Subject to the right of the minor under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian seasonably files an acceptance in the court in which a nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court at the place where the minor resides or is present. If two or more appointments are made, the latter in time has priority, and if both parents are dead or incapacitated, an effective appointment by the parent, who was eligible to make the appointment and who dies or became incapacitated later in time, has priority.

(c) A parental appointment effected by filing the guardian’s acceptance under a will probated in the state of the testator’s domicile is effective in this state.

(d) Upon acceptance of appointment, the guardian shall give written notice as to when the appointment is effective to the minor and to the person having the minor’s care or the minor’s nearest adult relative.
Ala. Code § 26-8-20 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-20
Section 26-8-20 Authorization Generally
Status: in_force

The court of probate or circuit court from which letters of guardianship or conservatorship have issued has authority to order the removal to another county of the person and property of a minor or ward if it is shown that such removal will advance the interests of the minor or ward.
Ala. Code § 26-26-4 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-4
Section 26-26-4 Prohibited Practices to Be Performed Upon a Minor; Exceptions
Status: in_force

(a) Except as provided in subsection (b), no person shall engage in or cause any of the following practices to be performed upon a minor if the practice is performed for the purpose of attempting to alter the appearance of or affirm the minor’s perception of his or her gender or sex, if that appearance or perception is inconsistent with the minor’s sex as defined in this chapter:

(1) Prescribing or administering puberty blocking medication to stop or delay normal puberty.

(2) Prescribing or administering supraphysiologic doses of testosterone or other androgens to females.

(3) Prescribing or administering supraphysiologic doses of estrogen to males.

(4) Performing surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy.

(5) Performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual’s sex, including metoidioplasty, phalloplasty, and vaginoplasty.

(6) Removing any healthy or non-diseased body part or tissue, except for a male circumcision.

(b) Subsection (a) does not apply to a procedure undertaken to treat a minor born with a medically verifiable disorder of sex development, including either of the following:

(1) An individual born with external biological sex characteristics that are irresolvably ambiguous, including an individual born with 46 XX chromosomes with virilization, 46 XY chromosomes with under virilization, or having both ovarian and testicular tissue.

(2) An individual whom a physician has otherwise diagnosed with a disorder of sexual development, in which the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female.

(c) A violation of this section is a Class C felony.
Ala. Code § 26-15-2 — Alabama Code / Title 26 / Chapter 15 / Section 26-15-2
Section 26-15-2 Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings:

(1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subdivision may be demonstrated by the substance’s use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.

(2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (4) of Section 20-2-2.

(3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260.

(4) MISTREAT. Any intentional behavior that inflicts unnecessary or unjustifiable pain or suffering on a child without causing physical injury to the child.

(5) RESPONSIBLE PERSON. A child’s natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child.

(6) SERIOUS PHYSICAL INJURY. Serious physical injury as defined in Section 13A-1-2.
Ala. Code § 26-19B-5 — Alabama Code / Title 26 / Chapter 19B / Section 26-19B-5
Section 26-19B-5 Duties of Alabama State Law Enforcement Agency
Status: in_force

(a) The Alabama State Law Enforcement Agency shall do all of the following:

(1) Adopt rules necessary to ensure the proper implementation of the emergency missing child alert system, including procedures for the activation and deactivation of the alert system.

(2) Prescribe forms for use by local law enforcement agencies for activating the alert system and transmitting information to the Alabama State Law Enforcement Agency regarding a missing child.

(3) Research enhanced technological methods for the expeditious public notification of a missing child, including electronic and web-based technologies and rapid telephone systems that alert residents in a targeted area, and implement those technological methods if feasible.

(b) The Alabama State Law Enforcement Agency or a local law enforcement agency may recruit public and commercial television, radio, cable, print or electronic media, other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system.

(c) The Alabama State Law Enforcement Agency may enter into agreements with participants in the alert system to provide necessary support for the alert system.
Ala. Code § 26-1B-10 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-10
Section 26-1B-10 Construction and Application; Reporting Requirements
Status: in_force

(a) The meaning and effect of a supported decision-making agreement is determined by the law of the jurisdiction in which the supported decision-making agreement was executed, unless the supported decision-making agreement provides otherwise.

(b) A person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement and reasonably believes that an adult is being abused, neglected, or exploited shall report the alleged abuse, neglect, or exploitation to an adult protective services agency or an authorized law enforcement agency.
Ala. Code § 26-18-9 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-9
Section 26-18-9 Periodic Review of Efforts to Achieve Adoption of Child in Custody of Another After Parental Rights Terminated
Status: in_force

Amended and renumbered as Section 12-15-321 by Act 2008-277, §19, effective January 1, 2009.
Ala. Code § 26-26-2 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-2
Section 26-26-2 Legislative Findings
Status: in_force

The Legislature finds and declares the following:

(1) The sex of a person is the biological state of being female or male, based on sex organs, chromosomes, and endogenous hormone profiles, and is genetically encoded into a person at the moment of conception, and it cannot be changed.

(2) Some individuals, including minors, may experience discordance between their sex and their internal sense of identity, and individuals who experience severe psychological distress as a result of this discordance may be diagnosed with gender dysphoria.

(3) The cause of the individual’s impression of discordance between sex and identity is unknown, and the diagnosis is based exclusively on the individual’s self-report of feelings and beliefs.

(4) This internal sense of discordance is not permanent or fixed, but to the contrary, numerous studies have shown that a substantial majority of children who experience discordance between their sex and identity will outgrow the discordance once they go through puberty and will eventually have an identity that aligns with their sex.

(5) As a result, taking a wait-and-see approach to children who reveal signs of gender nonconformity results in a large majority of those children resolving to an identity congruent with their sex by late adolescence.

(6) Some in the medical community are aggressively pushing for interventions on minors that medically alter the child’s hormonal balance and remove healthy external and internal sex organs when the child expresses a desire to appear as a sex different from his or her own.

(7) This course of treatment for minors commonly begins with encouraging and assisting the child to socially transition to dressing and presenting as the opposite sex. In the case of prepubertal children, as puberty begins, doctors then administer long-acting GnRH agonist (puberty blockers) that suppress the pubertal development of the child. This use of puberty blockers for gender nonconforming children is experimental and not FDA-approved.

(8) After puberty blockade, the child is later administered “cross-sex” hormonal treatments that induce the development of secondary sex characteristics of the other sex, such as causing the development of breasts and wider hips in male children taking estrogen and greater muscle mass, bone density, body hair, and a deeper voice in female children taking testosterone. Some children are administered these hormones independent of any prior pubertal blockade.

(9) The final phase of treatment is for the individual to undergo cosmetic and other surgical procedures, often to create an appearance similar to that of the opposite sex. These surgical procedures may include a mastectomy to remove a female adolescent’s breasts and “bottom surgery” that removes a minor’s health reproductive organs and creates an artificial form aiming to approximate the appearance of the genitals of the opposite sex.

(10) For minors who are placed on puberty blockers that inhibit their bodies from experiencing the natural process of sexual development, the overwhelming majority will continue down a path toward cross-sex hormones and cosmetic surgery.

(11) This unproven, poorly studied series of interventions results in numerous harmful effects for minors, as well as risks of effects simply unknown due to the new and experimental nature of these interventions.

(12) Among the known harms from puberty blockers is diminished bone density; the full effect of puberty blockers on brain development and cognition are yet unknown, though reason for concern is now present. There is no research on the long-term risks to minors of persistent exposure to puberty blockers. With the administration of cross-sex hormones comes increased risks of cardiovascular disease, thromboembolic stroke, asthma, COPD, and cancer.

(13) Puberty blockers prevent gonadal maturation and thus render patients taking these drugs infertile. Introducing cross-sex hormones to children with immature gonads as a direct result of pubertal blockade is expected to cause irreversible sterility. Sterilization is also permanent for those who undergo surgery to remove reproductive organs, and such persons are likely to suffer through a lifetime of complications from the surgery, infections, and other difficulties requiring yet more medical intervention.

(14) Several studies demonstrate that hormonal and surgical interventions often do not resolve the underlying psychological issues affecting the individual. For example, individuals who undergo cross-sex cosmetic surgical procedures have been found to suffer from elevated mortality rates higher than the general population. They experience significantly higher rates of substance abuse, depression, and psychiatric hospitalizations.

(15) Minors, and often their parents, are unable to comprehend and fully appreciate the risk and life implications, including permanent sterility, that result from the use of puberty blockers, cross-sex hormones, and surgical procedures.

(16) For these reasons, the decision to pursue a course of hormonal and surgical interventions to address a discordance between the individual’s sex and sense of identity should not be presented to or determined for minors who are incapable of comprehending the negative implications and life-course difficulties attending to these interventions.
Ala. Code § 26-17-5 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-5
Section 26-17-5 Presumption of Paternity; Rebuttal
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-8-25 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-25
Section 26-8-25 Jurisdiction of Guardianship Not Affected Where Removal of Property Only Authorized
Status: in_force

If the removal authorized is of the property only of the minor or ward, the jurisdiction of the court authorizing the removal is not affected, and it must retain jurisdiction of the guardianship as if such removal had not been authorized.
Ala. Code § 26-23C-4 — Alabama Code / Title 26 / Chapter 23C / Section 26-23C-4
Section 26-23C-4 Construction of Chapter
Status: in_force

(a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.

(b) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.
Ala. Code § 26-2-50 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-50
Section 26-2-50 Appointment of General Conservator of County or Sheriff as Guardian
Status: in_force

The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and if there be no general conservator, the sheriff must be appointed.
Ala. Code § 26-16-33 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-33
Section 26-16-33 General Repealer; Construction of Article
Status: reserved

All laws or parts of laws which conflict with this article are hereby repealed except that no part of this article shall be construed to authorize any board, person, or entity to assume the duties and responsibilities of any other state agencies or to repeal or preempt or take precedence over any part of Title 26, Chapter 14, Sections 26-14-1 through 26-14-13.
Ala. Code § 26-5-34 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-34
Section 26-5-34 Final Settlement Generally - Authorization and Procedure Generally for Compulsion of Settlement by Personal Representative of Conservator
Status: in_force

On the death of a conservator, at any time after the expiration of six months from the qualification of his or her personal representative, such representative may be required, on 10 days’ notice, such notice to be given by the service of process, to appear and make settlement of the conservatorship of his or her testator or intestate.
Ala. Code § 26-2B-403 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-403
Section 26-2B-403 Effect of Recording
Status: in_force

(a) Upon the recording of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers provided in Section 26-2A-160.

(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a recorded order.
Ala. Code § 26-23C-1 — Alabama Code / Title 26 / Chapter 23C / Section 26-23C-1
Section 26-23C-1 Short Title
Status: in_force

This act shall be known as the “Federal Abortion Mandate Opt Out Act.”
Ala. Code § 26-2A-52 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-52
Section 26-2A-52 Guardian Ad Litem. (Amended by 2026-488)
Status: in_force

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

At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests.
Ala. Code § 26-2B-501 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-501
Section 26-2B-501 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 26-10E-3.1 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-3.1
Section 26-10E-3.1 Jurisdiction Under Uniform Child Custody Jurisdiction and Enforcement Act
Status: in_force

Jurisdiction over a child custody case involving an adoptee is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, commencing with Section 30-3B-101.
Ala. Code § 26-17-703 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-703
Section 26-17-703 Husband’s Paternity of Child of Assisted Reproduction
Status: in_force

If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in Section 26-17-704, he is the father of a resulting child.
Ala. Code § 26-1A-116 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-116
Section 26-1A-116 Judicial Relief
Status: in_force

(a) The following persons may petition a court to construe a power of attorney, determine the validity of a power of attorney, or review the agent’s conduct, and grant appropriate relief:

(1) the principal or the agent;

(2) a guardian, conservator, or other fiduciary acting for the principal;

(3) a person authorized to make health care decisions for the principal;

(4) the principal’s spouse, parent, or descendant;

(5) an individual who would qualify as a presumptive heir of the principal;

(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;

(7) a governmental agency having regulatory authority to protect the welfare of the principal;

(8) the principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare;

(9) a person asked to accept the power of attorney; and

(10) any other person who demonstrates a sufficient legal interest in the construction or validity of the power of attorney or the agent’s conduct in connection with the power of attorney, such as to give that person standing.

(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
Ala. Code § 26-10E-32 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-32
Section 26-10E-32 Unlawful Placement of Minor for Adoption or Facilitation Thereof
Status: in_force

Only a parent, a parent of a deceased parent, or a relative of the degree of relationship specified in Section 26-10E-27, the State Department of Human Resources, a licensed child-placing agency, or an agency approved by the department may place, or facilitate the placement of, a minor for adoption. No person or entity other than the department or a licensed child-placing agency shall engage in the business of placing, or facilitating the placement of, minors for adoption. Any individual or entity making more than two separate and distinctive placements of minors who are unrelated to the petitioner or petitioners for adoption within the preceding 12-month period shall be deemed to be in the business of placing minors for adoption. Any other person who places, or facilitates the placement of, a minor for adoption is, upon the first conviction, guilty of a Class A misdemeanor and, upon subsequent convictions, is guilty of a Class C felony. This section does not intend to make it unlawful for any person not engaged in the business of placing, or facilitating the placement of, minors for adoption to give advice and assistance to a biological parent in an adoption. In making adoption arrangements, potential adopting parents and biological parents are entitled to the advice and assistance of legal counsel. Surrogate motherhood is not intended to be covered by this section.
Ala. Code § 26-16-12 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-12
Section 26-16-12 Review of Board Conducted Every Five Years
Status: in_force

A thorough, independent review of the functions, responsibilities, and performance of the state board shall be completed each five years after August 8, 1983, and transmitted to the individuals listed in Section 26-16-6(a)(3).
Ala. Code § 26-2A-35 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-35
Section 26-2A-35 Jury Trial
Status: in_force

(a) Except for proceedings in a court having general equity jurisdiction, a party is entitled to a trial by a jury of six disinterested persons in any proceeding to determine the incapacity of the individual and in other proceedings as to which a party has a constitutional right or a right under this chapter to a trial by jury. In any proceeding in a court having general equity jurisdiction, the right to trial by jury shall be determined under Alabama Rules of Civil Procedure, Rule 38.

(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
Ala. Code § 26-23I-2 — Alabama Code / Title 26 / Chapter 23I / Section 26-23I-2
Section 26-23I-2 Preservation of the Life of a Child Born Alive After an Abortion or Attempted Abortion
Status: in_force

(a) A living human child born alive after an abortion or attempted abortion in an abortion or reproductive health center is entitled to the same rights, powers, and privileges as are granted by the laws of this state to any other child born alive at any location in this state.

(b) For purposes of this section the following terms shall have the meanings set forth below:

(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. The term does not include these activities if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, to deliver the unborn child prematurely to avoid a serious health risk to the unborn child’s mother, or to preserve the health of her unborn child. The term does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.

(2) ABORTION OR REPRODUCTIVE HEALTH CENTER. A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health.

(3) BORN ALIVE. The complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after separation, breathes or has a heart beat, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

(4) ECTOPIC PREGNANCY. Any pregnancy resulting from either a fertilized egg that has implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus.

(5) LETHAL ANOMALY. A condition from which an unborn child would die after birth or shortly thereafter or be stillborn.

(6) PHYSICIAN. An individual licensed to practice medicine and surgery or osteopathic medicine and surgery in Alabama.

(7) SERIOUS HEALTH RISK TO THE UNBORN CHILD’S MOTHER. In reasonable medical judgment, a condition of the child’s mother which so complicates her medical condition that it necessitates the termination of her pregnancy to avert her death or to avert serious risk of substantial physical impairment of a major bodily function. The term does not include a condition based on a claim that the woman is suffering from an emotional condition or a mental illness which will cause her to engage in conduct that intends to result in her death or the death of her unborn child. However, the condition may exist if a second physician who is licensed in Alabama as a psychiatrist, with a minimum of three years of clinical experience, examines the woman and documents that the woman has a diagnosed serious mental illness and because of the condition, there is reasonable likelihood, in the physician’s medical judgment, that she will engage in conduct that could result in her death or the death of her unborn child. If the mental health diagnosis and likelihood of conduct is confirmed as provided in this section, and it is determined that a termination of her pregnancy is medically necessary to avoid the conduct, the termination may be performed and shall be only performed by a physician licensed in Alabama in a hospital as defined in the Alabama Administrative Code and to which he or she has admitting privileges.

(c)(1) A child born alive after an abortion or attempted abortion in an abortion or reproductive health center shall be entitled to the same physician patient relationship that is currently available for any other individual in need of medical care at any location in this state. Nothing in this section shall be construed to establish a new or separate standard of care for hospitals or physicians and their patients or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, or any amendment or judicial interpretation of either act. Nothing in this section shall be construed to modify or amend Chapter 22.

(2) If a child is born alive following an abortion or attempted abortion in an abortion or reproductive health center, the physician who performed the abortion or attempted the abortion in the abortion or reproductive health center shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious physician would render to any other child born alive at any other location in this state at the same gestational age. A physician who fails to preserve the life and health of the child in violation of this subdivision shall be guilty of a Class A felony.

(3) The Office of the Attorney General may bring an action to enforce this subsection. Any funds collected from fines pursuant to this chapter shall be deposited in the General Fund.

(d) A woman on whom an abortion is performed or attempted to be performed may not be held liable under this section.

(e) An individual who has knowledge of failure by a physician to comply with this section shall report this knowledge to the Office of the Attorney General. The identity of the individual making the report shall be kept confidential.

(f) All of the provisions of this chapter, including all obligations, duties, and rights created under this chapter, shall only apply to a physician who performs an abortion or attempted abortion in an abortion or reproductive health center.
Ala. Code § 26-23A-6 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-6
Section 26-23A-6 Availability of Information in Video Format; Ultrasound Image
Status: in_force

(a) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have video viewing equipment. The video that may be shown to those who want to see it shall be identified by title, updated from time to time by the Department of Public Health, and shall be objective, non-judgmental, and designed to convey accurate scientific and medical information, and shall contain at a minimum, the information required in subdivisions (3), (4), (5), (6), and (7) of subsection (a) of Section 26-23A-5.

(b) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have ultrasound equipment. An ultrasound shall be performed on each unborn child before an abortion is performed.

(c) The Department of Public Health shall develop a signature form for verifying that she has received the complete information as described in Section 26-23A-4, was offered the opportunity of viewing the video and ultrasound image of her unborn child, and provides her informed consent for an abortion on her unborn child.

(d) Facilities as used in this section shall not include hospitals that do not regularly or routinely perform abortions or are otherwise not defined by any statute or regulation as an abortion or reproductive health center. This shall not, however, relieve any facility or physician to whom this section is applicable from the obligations stated herein.
Ala. Code § 26-17-17 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-17
Section 26-17-17 Right to Counsel; Representation of Minors; Fees, Expenses, and Costs
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-1A-208 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-208
Section 26-1A-208 Banks and Other Financial Institutions
Status: in_force

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:

(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;

(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;

(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;

(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;

(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;

(6) enter a safe deposit box or vault and withdraw or add to the contents;

(7) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;

(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;

(9) receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;

(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and

(11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
Ala. Code § 26-14-7.2 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-7.2
Section 26-14-7.2 Child Denied Medical Treatment Due to Parents’ Religious Beliefs
Status: in_force

(a) When an investigation of child abuse or neglect by the Department of Human Resources determines that a parent or legal guardian legitimately practicing his or her religious beliefs has not provided specific medical treatment for a child, the parent or legal guardian shall not be considered a negligent parent or guardian for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child when the child’s health requires it.

(b) The department may, in any case, pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary to provide medical care or treatment for a child when the care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatments from infants with disabilities and with life-threatening conditions. Upon application by the department, the court may issue prelitigation or pretrial discovery orders for persons, medical records, and other documents or materials.
Ala. Code § 26-2A-141 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-141
Section 26-2A-141 Effect of Acceptance of Appointment
Status: in_force

By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate which may be instituted by any interested person. Notice of any proceeding must be delivered to the conservator or mailed by registered or certified mail to the address as listed in the petition for appointment or as thereafter reported to the court and to the address as then known to the petitioner.
Ala. Code § 26-18-3 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-3
Section 26-18-3 Definitions
Status: reserved

Repealed by Act 2008-277, §30, effective January 1, 2009.
Ala. Code § 26-16-73 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-73
Section 26-16-73 Allocation of Funds by Network Board of Directors
Status: in_force

The network board of directors shall be responsible for allocating state appropriated funds to existing and new child advocacy centers which meet the standards of Section 26-16-70, pursuant to the provisions of Sections 26-16-71 and 26-16-72.
Ala. Code § 26-14-3 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-3
Section 26-14-3 Mandatory Reporting. (Amended by Act 2026-375)
Status: in_force

AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, employees of public and private institutions of postsecondary and higher education, members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance to any child, when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report orally, either by telephone or direct communication immediately, and shall be followed by a written report, to a duly constituted authority.

(b)(1) When an initial report is made to a law enforcement official, the official subsequently shall inform the Department of Human Resources of the report so that the department can carry out its responsibility to provide protective services when deemed appropriate to the respective child or children.

(2) As soon as is practicable after a report of known or suspected child abuse or neglect is made, the Department of Human Resources shall make efforts to determine the military status of the parent or guardian of the child who is the subject of the child abuse or neglect allegation.

(3) If the Department of Human Resources determines that a parent or guardian under subdivision (2) is in the military, the department shall notify a United States Department of Defense family advocacy program at the military installation of the parent or guardian that there is an allegation of child abuse or neglect that is being investigated that involves a child of the military parent or guardian.

(c) When the Department of Human Resources receives initial reports of suspected abuse or neglect, as defined in Section 26-14-1, including suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a state-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports to the law enforcement agency and residential facility reports to the law enforcement agency and the operating state agency which shall conduct the investigation. When the investigation is completed, a written report of the completed investigation shall contain the information required by the state Department of Human Resources which shall be submitted by the law enforcement agency or the state agency to the county department of human resources for entry into the state’s central registry.

(d) Nothing in this chapter shall preclude interagency agreements between departments of human resources, law enforcement, and any other state agencies on procedures for investigating reports of suspected child abuse and neglect to provide for departments of human resources to assist law enforcement and other state agencies in these investigations.

(e) Any provision of this section to the contrary notwithstanding, if any agency or authority investigates any report pursuant to this section and the report does not result in a conviction, the agency or authority shall expunge any record of the information or report and any data developed from the record.

(f) Subsection (a) to the contrary notwithstanding, a member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law.

(g) Commencing on August 1, 2013, a public or private employer who discharges, suspends, disciplines, or penalizes an employee solely for reporting suspected child abuse or neglect pursuant to this section shall be guilty of a Class C misdemeanor.
Ala. Code § 26-14-6.1 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-6.1
Section 26-14-6.1 Duties and Responsibilities for Investigation of Reports
Status: in_force

The duty and responsibility for the investigation of reports of suspected child abuse or neglect shall be as follows:

(1) Reports of suspected child abuse or neglect involving disciplinary or corporal punishment committed in a public or private school or kindergarten shall be investigated by law enforcement agencies.

(2) Reports of suspected child abuse or neglect committed in a state-operated child residential facility shall be investigated by law enforcement agencies.

(3) All other reports of suspected child abuse and neglect shall be investigated by the Department of Human Resources.
Ala. Code § 26-23G-1 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-1
Section 26-23G-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Unborn Child Protection from Dismemberment Abortion Act.
Ala. Code § 26-8-21 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-21
Section 26-8-21 Application for Removal and Notice of Hearing Thereon; Appointment of Guardian Ad Litem
Status: in_force

Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which show that the removal will advance the interests of the minor or ward. If application is made by the minor or ward by next friend, a day must be appointed for the hearing, 10 days’ notice of which must be given the guardian or conservator by the service of process. If application is made by the guardian or conservator, a day, not less than 10 days after the filing of the application, must be appointed for the hearing and a guardian ad litem appointed to represent the minor or ward, who must put in issue the facts stated in the application and require proof thereof.