Ala. Code § 26-3-3 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-3
Section 26-3-3 Relief of Testamentary Conservator of Minor from Requirement of Giving Bond and Effect Thereof
Status: in_force

A testator may by his or her last will relieve the conservator of his or her appointment for a minor child or children from giving bond and sureties for the faithful performance of his or her duties as conservator, but the authority of such conservator shall not extend to any other property or estate of such minor child or children than such as is derived by gift, devise, descent, or distribution from the testator, unless he or she gives bond, with sufficient sureties, as is required of other conservators.
Ala. Code § 26-3-9 — Alabama Code / Title 26 / Chapter 3 / Section 26-3-9
Section 26-3-9 Giving of New Bond by Conservator Upon Application for Discharge from Liability of Surety - Effect of Giving of New Bond Upon Liability of Surety
Status: in_force

When a new bond is given under Section 26-3-8, the surety on whose application or the estate of the deceased surety on whose behalf the application was made, as the case may be, is discharged as to all breaches subsequent to the execution and approval of the new bond.
Ala. Code § 26-17-102 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-102
Section 26-17-102 Definitions
Status: in_force

In this chapter:

(1) “Acknowledged father” means a man who has established a father-child relationship under Article 3.

(2) “Adjudicated father” means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.

(3) “Alleged father” means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:

(A) a presumed father;

(B) a man whose parental rights have been terminated or declared not to exist; or

(C) a male donor who donates in compliance with Section 26-17-702.

(4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes:

(A) intrauterine insemination;

(B) donation of eggs;

(C) donation of embryos;

(D) in-vitro fertilization and transfer of embryos; and

(E) intracytoplasmic sperm injection.

(5) “Child” means an individual of any age whose parentage may be determined under this chapter.

(6) “Commence” means to file the initial pleading seeking an adjudication of parentage in the appropriate court of this state.

(7) “Determination of parentage” means the establishment of the parent-child relationship by the execution of a valid acknowledgment of paternity under Article 3 or adjudication by the court.

(8) “Donor” means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include:

(A) a husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife;

(B) a woman who gives birth to a child by means of assisted reproduction; or

(C) a parent under Article 7.

(9) “Ethnic or racial group” means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual’s ancestry or that is so identified by other information.

(10) “Genetic testing” means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following:

(A) deoxyribonucleic acid; and

(B) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.

(11) “Gestational mother” means a woman who gives birth to a child.

(12) “Intended parents” means husbands and wives who enter into an agreement providing that they will be the parents of a child born to a gestational mother by means of assisted reproduction, whether or not either of them has a genetic relationship with the child.

(13) “Man” means a male individual of any age.

(14) “Parent” means an individual who has established a parent-child relationship under Section 26-17-201.

(15) “Parent-child relationship” means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship.

(16) “Paternity index” means the likelihood of paternity calculated by computing the ratio between:

(A) the likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, or the tested man and child, conditioned on the hypothesis that the tested man is the father of the child; and

(B) the likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, or the tested man and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man.

(17) “Presumed father” means a man who, by operation of law under Section 26-17-204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.

(18) “Probability of paternity” means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.

(19) “Putative father” means the alleged or reputed father.

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

(21) “Signatory” means an individual who authenticates a record and is bound by its terms.

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

(23) “Support-enforcement agency” means the Alabama Department of Human Resources.
Ala. Code § 26-23A-10 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-10
Section 26-23A-10 Remedies
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:

(1) Provide a basis for a civil action for compensatory and punitive damages. Any 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 act was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or other legal standard of care.

(2) Provide a basis for professional disciplinary action under any applicable statutory or regulatory procedure for the suspension or revocation of any license for physicians, psychologists, licensed social workers, licensed professional counselors, registered nurses, or other licensed or regulated persons. Any conviction of any person for any failure to comply with the requirements of this chapter shall result in the automatic suspension of his or her license for a period of at least one year and shall be reinstated after that time only on such conditions as the appropriate regulatory or licensing body shall require to insure compliance with this chapter.

(3) Provide a basis for recovery for the woman for the wrongful death of the child, whether or not the unborn child was viable at the time the abortion was performed or was born alive.
Ala. Code § 26-17-302 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-302
Section 26-17-302 Execution of Acknowledgment of Paternity
Status: in_force

(a) An acknowledgment of paternity must:

(1) be in a record filed with the Alabama Office of Vital Statistics;

(2) be signed, and notarized, under penalty of perjury by the mother and by the man seeking to establish his paternity;

(3) state that the child whose paternity is being acknowledged:

(A) does not have a presumed father or the man executing the acknowledgment is the presumed father; and

(B) does not have another acknowledged or adjudicated father;

(4) state whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and

(5) state that the signatories understand that the acknowledgment shall be considered a legal finding of paternity of the child and that a challenge to the acknowledgment is permitted only as provided in this chapter.

(b) A presumed father may sign an acknowledgment of paternity which must be notarized.
Ala. Code § 26-1A-109 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-109
Section 26-1A-109 When Power of Attorney Effective
Status: in_force

(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

(c) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:

(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of Section 26-1A-102(5)(A); or

(2) an attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of Section 26-1A-102(5)(B).

(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, to obtain access to the principal’s health care information and communicate with the principal’s health care provider.
Ala. Code § 26-2B-101 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-101
Section 26-2B-101 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
Ala. Code § 26-21-3 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-3
Section 26-21-3 Written Consent of Parent or Guardian to Performing Abortion on Unemancipated Minor; Written Statement Where Abortion to Be Performed on Emancipated Minor; Waiver of Consent Requirement; Coercion; Forms
Status: in_force

(a) Except as otherwise provided in subsections (b) and (d) of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion upon an unemancipated minor unless the physician or his or her agents first obtain the written consent of either parent or the legal guardian of the minor.

(b) The physician who shall perform the abortion or his or her agents shall obtain or be provided with the written consent from either parent or legal guardian stating the names of the minor, parent, or legal guardian, that he or she is informed that the minor desires an abortion and does consent to the abortion, the date, and the consent shall be signed by either parent or legal guardian. The signatures of the parents, parent, or legal guardian shall be affixed and the information required in this subsection shall be on a form to be provided by, and shall be written in the presence of, the physician who shall perform the abortion or his or her agents. The parents, parent, or legal guardian shall provide to the physician who shall perform the abortion, or his or her agents, evidence of parentage or legal guardianship. For parents or a parent, there shall also be required a certified birth certificate of the minor identifying the minor and the parents or parent. For a legal guardian or adoptive parent, there shall be required a duly certified court order or other official document naming the legal guardian or adoptive parent as such for the minor. If official photographic personal identification has not been issued to any parents, parent, or legal guardian, other official identification shall be acceptable, provided the parents, parent, or legal guardian affirms in writing on the form herein required under oath, with recognition of criminal penalties, that he or she does not possess any photographic identification and that the alternative personal identification provided is his or her identification. The parent, parents or legal guardian signing the consent shall attest with recognition of criminal penalties that he or she is the parent or legal guardian, has not been deprived of primary custody or joint physical custody of the minor by any court of law, and has not given the child up for adoption or otherwise waived parental rights. If the minor does not have a certified birth certificate, an abortion may be performed only if the physician who shall perform the abortion certifies in writing in the minor’s medical record that a medical emergency exists or that there is insufficient time to obtain a certified birth certificate, and provided the minor can provide other government issued identification. The parents, parent, or minor shall obtain a certified birth certificate as soon thereafter as possible and provide a certified copy to the physician who performed the abortion or his or her agents, and if it is not received within 90 days, he or she shall report the failure to the State of Alabama Department of Public Health on a form provided by the department. Any certified document, a photocopy of the personal identification, and any other documentation required by this subsection shall be attached to the completed consent form and shall be kept as a part of the minor’s patient file for four years. All signatures required by Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7 by the minor, a parent or parents, a legal guardian, physician, or another person shall be attested either by two witnesses, or by a notary public.

(c) If the minor is emancipated, the physician who shall perform the abortion or his or her agents shall obtain a written form stating the name of the emancipated minor, that the minor is emancipated, the type of emancipation, and the date, and the form shall be signed by the emancipated minor. The written form shall be signed in the presence of the physician who shall perform the abortion or his or her agents and witnessed by the physician or the agents. The emancipated minor shall also provide a license or certificate of marriage, judgment, or decree of divorce, order of emancipation or relieving her of the disabilities of nonage, or other court document evidencing her marriage, divorce, or emancipation. Any such document shall be a copy of the original, duly certified by the appropriate court. Such certified document shall be attached to the written form and kept as a part of the minor’s patient file for four years.

(d) A minor, including a ward of the state, who elects not to seek or does not or cannot for any reason, including unavailability or refusal by either or both parents or legal guardian, obtain consent from either of her parents or legal guardian under this section, may petition, on her own behalf, the juvenile court, or court of equal standing, in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this section pursuant to the procedure of Section 26-21-4.

(e) A parent, legal guardian, custodian, or any other person, shall not coerce a minor to have an abortion performed.

(f) The Department of Public Health shall propose within 90 days of July 1, 2014, the forms required in subsections (b) and (c).
Ala. Code § 26-10E-5 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-5
Section 26-10E-5 Who May Adopt
Status: in_force

(a) An unmarried individual or a married couple may petition to adopt a minor.

(b) An unmarried couple may not adopt a minor.

(c) A group of more than two individuals may not adopt a minor.

(d) If a petitioner is married, the petition for adoption shall be filed jointly by both spouses; provided, however, that when the minor is a stepchild of the party seeking to adopt, the petition shall be filed in the name of the stepparent alone.

(e) Each petitioner seeking to adopt a minor shall be all of the following:

(1) An adult.

(2) At least 10 years older than the adoptee, unless either of the following are true:

a. The petitioner is a stepparent or relative and files for adoption pursuant to Sections 26-10E-26 or 26-10E-27.

b. The probate court finds, based on evidence in the record, that the adoption is in the best interest of the adoptee.

(3) A bona fide resident of this state at the filing of the petition for adoption or a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Section 38-7-15 and Section 44-2-20 relating to the Interstate Compact on the Placement of Children.

(f) No rule of any state department shall prevent an adoption by a petitioner solely because the petitioner is employed outside the home. The State Department of Human Resources may require the petitioner to remain in the home with an adoptee for a reasonable period of time, not to exceed 60 calendar days, when the state department determines that the adoptee requires the presence of the petitioner to ensure his or her adjustment.

(g) No rule of any state department shall prevent an adoption by an unmarried petitioner solely because the petitioner is unmarried. No rule of any state department shall prevent an adoption solely because the petitioner is of a certain age, except as provided in subsection (e).

(h) The State Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
Ala. Code § 26-9-16 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-16
Section 26-9-16 Discharge of Guardian
Status: in_force

When a minor ward for whom a guardian has been appointed shall have attained his or her majority and has not been found incompetent and when any incompetent ward has been rated competent by the administration, a certificate of the administrator or his or her duly authorized representative to that effect shall be prima facie evidence that a guardian is no longer required and the court, upon the guardian filing a satisfactory final account, may discharge such guardian upon a petition filed for that purpose. Nothing contained in this section shall be construed to prevent a ward from filing a petition for the discharge of his or her guardian on the ground that the ward has attained majority or is competent or the court from acting on its own motion in such cases.
Ala. Code § 26-2-3 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-3
Section 26-2-3 Transfer to Circuit Court; Remand to Probate Court. (Amended by 2026-488)
Status: in_force

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

(a) In any county where the judge of probate is required to be learned in the law, 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 pursuant to Section 26-2-2 at any time before a proceeding for final settlement thereof is commenced in probate court by the guardian or conservator of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone entitled to support out of the estate of the ward without assigning any special equity. The circuit court shall remand the administration of a guardianship or conservatorship transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of a guardianship or conservatorship pursuant to this section to the probate court if the circuit court finds that any of the following apply:

(1) The circuit court has issued a final order or judgment on all contested matters pending before the circuit court in the administration of the guardianship or conservatorship and the time for an appeal of the order or judgment has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.

(2) All interested parties or their representatives request the administration of the guardianship or conservatorship be remanded to probate court.

(b) Nothing in subsection (a) shall prevent the administration of a guardianship or conservatorship from being removed again to the circuit court pursuant to Section 26-2-2 after the administration has been remanded to the probate court as provided above.
Ala. Code § 26-10B-7 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-7
Section 26-10B-7 Medical Assistance; Applicability
Status: in_force

(a) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the Medicaid office of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. The adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

(b) The terms of the compact entered into by the department and addressed in this statute will apply to children who are the subject of a federal adoption assistance agreement. At the department’s option, and in concurrence with the Alabama Medicaid Agency, the state may elect to provide the benefits described in this statute to children who are the subject of a state adoption assistance agreement, in which case the Department of Human Resources will pay the state’s share of the cost of Medicaid coverage for children who are the subject of a state adoption assistance agreement and who are also eligible for Medicaid according to applicable federal and state laws and regulations.

(c) The state Medicaid office shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(d) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state.
Ala. Code § 26-1-2 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-2
Section 26-1-2 Durable Power of Attorney; Appointment by Court of Guardian, Etc., Subsequent to Execution of Durable Power of Attorney; Effect of Death of Principal Upon Agency Relationship; Affidavit by Person Exercising Power of Attorney as to Lack of Knowledge of Revocation, Etc.; Health Care Power of Attorney
Status: in_force

(a) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal” or “This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incompetency, or incapacity.

(b) All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability, incompetency, or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his or her successors in interest as if the principal was competent, not disabled, and not incapacitated.

(c)(1) If, following execution of a durable power of attorney, a court of the domicile of the principal appoints a guardian, curator, or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.

(2) A principal may nominate, by a durable power of attorney, the guardian, curator, or other fiduciary for consideration by the court if proceedings to appoint a fiduciary for the principal are thereafter commenced. The court shall make its appointment in accordance with the most recent nomination of the principal in a durable power of attorney except for good cause or disqualification.

(d)(1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the successors in interest of the principal.

(2) The disability, incompetency, or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the disability, incompetency, or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his or her successors in interest.

(e) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he or she did not have, at the time of the exercise of the power, actual knowledge of the termination of the power by revocation or of the death, disability, incompetency, or incapacity of the principal is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit, when authenticated for record, is likewise recordable.

(f) This section shall not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity.

(g)(1) A principal may designate under a durable power of attorney an individual who shall be empowered to make health care decisions on behalf of the principal, in the manner set forth in the Natural Death Act, if in the opinion of the principal’s attending physician the principal is no longer able to give directions to health care providers. Subject to the express limitation on the authority of the attorney in fact contained in the durable power of attorney, the attorney in fact may make any health care decision on behalf of the principal that the principal could make but for the lack of capacity of the principal to make a decision, but not including psychosurgery, sterilization, abortion when not necessary to preserve the life of the principal, or involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power of attorney executed pursuant to this section may be revoked by written revocation signed and dated by the principal or person acting at the direction of the principal, or being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel or by a verbal expression of intent to revoke made in the presence of a witness 19 years of age or older who signs and dates a writing confirming an expression to revoke.

(2) Notwithstanding anything in this section to the contrary, an attorney in fact shall have the authority to make decisions regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration but only a. if specifically authorized to do so in the durable power of attorney, b. if the substantive provisions of the durable power of attorney are in substantial compliance and if the durable power of attorney is executed and accepted in substantially the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal illness or injury or permanent unconsciousness, if the authority is implemented in the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding the provisions of this subsection. The decisions made by the attorney in fact shall be implemented in accordance with the same procedures set forth in the Alabama Natural Death Act for health care proxies.

(3) Any authority granted to the spouse under a durable power of attorney shall be revoked if the marriage of the principal is dissolved or annulled, or if the parties are legally separated or a party to divorce proceedings.

(4) Subject to any limitation in the durable power of attorney, an attorney in fact may, for the purpose of making a health care decision, request, review, and receive any information, oral or written, regarding the principal’s physical or mental health, including medical and hospital records, execute a release or other document required to obtain the information, and consent to the disclosure of the information.

(5) Under no circumstances shall the health care provider of the principal or a nonrelative employee of the health care provider of the principal make decisions under the durable power of attorney. For purposes of this subsection, a health care provider is defined as any person or entity who is licensed, certified, registered, or otherwise authorized by the laws of this state to administer or provide health care in the ordinary course of business or in the practice of a profession.

(6) No health care provider or any employee or agent thereof who in good faith and pursuant to reasonable medical standards follows the direction of a duly authorized attorney in fact shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct for an action taken thereunder. Any health care cost or liability for the cost associated with any decision made pursuant to this section shall be the same as if the health care were provided as a result of the principal’s decision relating to his or her own care.

(7) Any person who, without the consent of the principal, willfully conceals, cancels, or alters a durable power of attorney or any amendment or revocation of the agency or who falsifies or forges a durable power of attorney, amendment, or revocation for purposes of making health care decisions shall be civilly liable. In addition, those persons shall be subject to the criminal penalties set forth in the Alabama Natural Death Act.

(8) Any individual acting as an attorney in fact under a duly executed durable power of attorney, which includes provisions which comply with subdivision (2) regarding health care decisions who authorizes the providing, withholding, or withdrawing of life-sustaining treatments or artificially provided nutrition or hydration in accordance with the durable power of attorney and pursuant to this subsection shall not be subject to criminal prosecution or civil liability for that action.

(9) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede any legal right or legal responsibility which any person may have, under case law, common law, or statutory law to effect the provision, withholding, or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration in any lawful manner. In such respect, the provisions of this subsection are cumulative.

(10) No physician or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability or life or health insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation, or mutual nonprofit hospital or hospital service corporation shall require any person to execute a durable power of attorney with respect to health care decisions as a condition for being insured for, or receiving, health care services.

(11) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede the jurisdiction of the circuit court in the county where a patient is undergoing treatment to determine whether life-sustaining treatment or artificially provided nutrition and hydration shall be withheld or withdrawn in circumstances not governed by this subsection.

(12) This subsection shall create no presumption concerning the intention of an individual, who has not executed a durable power of attorney regarding health care decisions, or any other advance directive for health care, or if the durable power of attorney, or advance directive for health care is executed, the durable power of attorney or advance directive for health care is ambiguous or silent as to a particular health care matter, to consent to the use or withdrawing or withholding of life-sustaining treatment or artificially provided nutrition and hydration. The terms “person” and “advance directive for health care” shall have the meaning as under Sections 22-8A-1, et seq.

(13) A durable power of attorney executed in another state in compliance with the law of that state or of this state is valid for purposes of this subsection, but this subsection does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.

(14) Any durable power of attorney regarding health care decisions made prior to May 8, 1997, shall be given effect provided that the durable power of attorney was legally effective when written and artificially provided nutrition and hydration shall not be withdrawn pursuant to the durable power of attorney unless specifically authorized herein.

(h) This provision applies to all powers executed prior to January 1, 2012.
Ala. Code § 26-23E-1 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-1
Section 26-23E-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Women’s Health and Safety Act.”
Ala. Code § 26-1A-213 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-213
Section 26-1A-213 Personal and Family Maintenance
Status: in_force

(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:

(1) perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, and the following individuals, whether living when the power of attorney is executed or later born:

(A) the principal’s children;

(B) other individuals legally entitled to be supported by the principal; and

(C) the individuals whom the principal has customarily supported or indicated the intent to support;

(2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;

(3) provide living quarters for the individuals described in paragraph (1) by:

(A) purchase, lease, or other contract; or

(B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;

(4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1);

(5) pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1);

(6) act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;

(7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1);

(8) maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and

(9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.

(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
Ala. Code § 26-1A-106 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-106
Section 26-1A-106 Validity of Power of Attorney
Status: in_force

(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with Section 26-1A-105.

(b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.

(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:

(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 26-1A-107;

(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended; or

(3) Alabama law.

(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Ala. Code § 26-17-611 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-611
Section 26-17-611 Proceeding Before Birth
Status: in_force

A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:

(1) service of process;

(2) discovery; and

(3) except as prohibited by Section 26-17-502, collection of specimens for genetic testing.
Ala. Code § 26-2B-206 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-206
Section 26-2B-206 Appropriate Forum
Status: in_force

(a) A court of this state having jurisdiction under Section 26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1) any expressed preference of the respondent;

(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;

(3) the length of time the respondent was physically present in or was a legal resident of this or another state;

(4) the distance of the respondent from the court in each state;

(5) the financial circumstances of the respondent’s estate;

(6) the nature and location of the evidence;

(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8) the familiarity of the court of each state with the facts and issues in the proceeding; and

(9) if an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.
Ala. Code § 26-17-905 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-905
Section 26-17-905 Orders - Enforcement
Status: in_force

Pursuant to the Uniform Enforcement of Foreign Judgments Act, Sections 6-9-230 et seq., a court in this state shall give full faith and credit to a paternity determination of any other state whether established through a voluntary acknowledgment, an administrative process, or a judicial process which paternity determination shall be enforced and otherwise treated in the same manner as a paternity determination of this state.
Ala. Code § 26-2A-159 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-159
Section 26-2A-159 Payment of Debt and Delivery of Property to Foreign Conservator Without Local Proceedings
Status: in_force

(a) Any person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:

(1) That no protective proceeding relating to the protected person is pending in this state; and

(2) That the foreign fiduciary is entitled to payment or to receive delivery.

(b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
Ala. Code § 26-25-1.1 — Alabama Code / Title 26 / Chapter 25 / Section 26-25-1.1
Section 26-25-1.1 Voluntary Surrender of Custody of Newborn Infant After Hospital Birth
Status: in_force

(a) A woman admitted to a hospital for purposes of labor and delivery may surrender custody of her newborn infant. If a woman expresses a desire to voluntarily surrender custody of her newborn infant after birth, an emergency medical services provider shall take possession of the infant, without any further action by the woman, as if the infant had been surrendered in the same manner as Section 26-25-1.

(b) A woman who surrenders a newborn infant pursuant to this section is entitled to the legal protections of anonymity guaranteed under this chapter. If the woman expresses a desire to remain anonymous, identifying information may be obtained only for purposes of securing payment of labor and delivery costs. If the birth mother is a minor, the hospital may use the identifying information to secure payment through Medicaid, but may not notify the minor’s parent or guardian without the minor’s consent.

(c) Except as required by subsection (b), the identity of a birth mother who surrenders her infant pursuant to this section shall not be placed on the birth certificate or disclosed to any other individual or entity, including state and local agencies.
Ala. Code § 26-2-44 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-44
Section 26-2-44 Procedure Generally - Impaneling and Swearing in of Jury; Filling of Vacancies on Jury
Status: in_force

(a) At the time set for the trial, if good cause be not shown for continuance, the jury must be impaneled and sworn well and truly to make inquisition of the facts alleged in the petition, and render a true verdict according to the evidence.

(b) If any of the jurors are excused from serving, fail to attend or are set aside for any cause, their places may be supplied from the bystanders.
Ala. Code § 26-2A-108 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-108
Section 26-2A-108 General Powers and Duties of Guardian
Status: in_force

(a) Except as limited pursuant to Section 26-2A-105(c), a guardian of an incapacitated person is responsible for health, support, education, or maintenance of the ward, but is not liable to third persons by reason of that responsibility for acts of the ward. In particular and without qualifying the foregoing, a guardian has the same duties, powers, and responsibilities as a guardian for a minor as described in Section 26-2A-78(b), (c), and (d).

(b) Except as provided in Division 2A, in addition to the duties, powers, and responsibilities of a guardian described in subsection (a), a guardian of an incapacitated person has the power to limit or enforce the ward’s right to visitation or communication with anyone, including the right to receive visitors, telephone calls, and personal mail.
Ala. Code § 26-1B-8 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-8
Section 26-1B-8 Validity of a Supported Decision-Making Agreement
Status: in_force

A supported decision-making agreement that complies with Section 26-1B-4 is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision-making agreement was not validly executed.
Ala. Code § 26-13-2 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-2
Section 26-13-2 Filing of Petition
Status: in_force

The petition must be filed in the county in which the parent or guardian of such minor resides or in the county in which the guardianship of such minor is pending when the petition is filed by the parent or guardian and in the county where the minor resides when the petition is filed by a minor who has no parents or guardian or whose parents reside beyond the limits of the state and such minor resides in this state. In the event that the parent, guardian, or minor filing such petition resides beyond the limits of the State of Alabama, then the petition may be filed in the county in which the guardianship of such minor is pending or in the county where the minor owns any real or personal property.
Ala. Code § 26-8-45 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-45
Section 26-8-45 Removal of Property or Money When Minor or Ward and Conservator Nonresidents - When Removal of Person and Estate of Minor or Ward Permitted
Status: in_force

The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full settlement with the judge of the probate court where his or her letters were granted of his or her conservator accounts and by procuring a transcript of the record of a court of competent jurisdiction of such other state, certified according to the act of Congress, showing the appointment of such person as guardian or conservator of the minor or ward, the execution of bond by the conservator with surety for the performance of the trust. Thereupon, the judge of probate must make an order authorizing such removal.
Ala. Code § 26-21-2 — Alabama Code / Title 26 / Chapter 21 / Section 26-21-2
Section 26-21-2 Definitions
Status: in_force

For purposes of this chapter, the following definitions shall apply:

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

(2) 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;

(3) 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. 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 the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term “abortion” as used herein 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 where the unborn child has a lethal anomaly. For the purposes of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7, a “lethal anomaly” means the child would die at birth, or be stillborn. For purposes of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7, the term “ectopic pregnancy” means any pregnancy resulting from a fertilized egg that was implanted or attached outside the uterus. The term “ectopic pregnancy” also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.

(4) MEDICAL EMERGENCY. A condition that, absent an abortion performed before the requirements of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7 are met, and based on the applicable standard of care, is likely to result in the death of the pregnant woman or is likely to result in substantial irreversible impairment of a major bodily function.
Ala. Code § 26-10E-28 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-28
Section 26-10E-28 Name and Status of Adoptee
Status: in_force

(a) The adoptee shall take the name designated by the petitioner or petitioners; provided, however, that if the adoptee is 14 years of age or older, the adoptee may elect to retain his or her current legal name, unless the court determines that the adoptee lacks the mental capacity to consent. After entry of the final judgment of adoption, the adoptee shall be treated as the legal child of the adoptive parent or parents and shall have all rights and be subject to all the duties arising from that relation.

(b) Upon the entry of the final judgment of adoption, the biological or legal parents of the adoptee, except for the spouse of an adoptive stepparent, are relieved of all parental rights and responsibility for the adoptee and shall have no parental rights over the adoptee.
Ala. Code § 26-23A-12 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-12
Section 26-23A-12 Construction of Chapter
Status: in_force

Nothing in this chapter shall be construed as creating or recognizing a right to abortion. It is not the intention of this chapter to make lawful an abortion that is currently unlawful nor to deny a woman an abortion that is lawful. Following abortion counseling, the withdrawal of consent to an abortion must be followed with appropriate referrals to ensure adequate care for a child that is to be delivered.
Ala. Code § 26-17-635 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-635
Section 26-17-635 Dismissal for Want of Prosecution
Status: in_force

The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
Ala. Code § 26-24-63 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-63
Section 26-24-63
Status: in_force

The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop screen time standards for early childhood education programs which are based on current evidence-based research and practices. The standards shall include the following:

(1) Age-appropriate screen time limits, provided that no screen time may be allowed for students under two years of age.

(2) Guidelines for determining what constitutes high-quality programming. In establishing the guidelines, all of the following factors must be considered:

a. The target audience of the program and whether the program is age-appropriate in an early childhood education setting.

b. The pacing of the program, with a preference toward slow-paced programming.

c. Whether the programming is free of violence.

d. Whether the programming is free of advertisement that the department determines is harmful to children.

(3) Best practices for screen time in early childhood education programs.
Ala. Code § 26-11-3 — Alabama Code / Title 26 / Chapter 11 / Section 26-11-3
Section 26-11-3 Procedure for Change of Name of Child Upon Petition by Father Generally; Notification of Mother and Child; Filing of Response; Appointment of Guardian Ad Litem; Hearing; Issuance of Order by Court; Certification of Minutes of Court to Center for Health Statistics, Etc
Status: in_force

(a) The father may petition at the time of filing the declaration of legitimation or at any time subsequent to the determination of legitimation to change the name of such child, stating in his declaration the name it is then known by and the name he wishes it afterwards to have. Such petition shall be filed in the office of the judge of probate of the father’s residence or the child’s residence.

(b) Upon the filing of the petition for name change, notice shall be given to the child’s mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child’s mother shall, within 30 days after receiving notice, file her objection or consent to the name change with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother’s response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether the name change is in the best interest of the child. The court shall issue an order of name change or denial of name change.

Upon change of the name of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.
Ala. Code § 26-2A-136 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-136
Section 26-2A-136 Permissible Court Orders. (Amended by 2026-488)
Status: in_force

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

(a) The court shall exercise the authority conferred in this division to encourage the development of maximum self-reliance and independence of a protected person and make protective orders only to the extent necessitated by the protected person’s mental and adaptive limitations and other conditions warranting the procedure.

(b) The court has the following powers that may be exercised directly or through a conservator in respect to the estate and business affairs of a protected person:

(1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice, the court may preserve and apply the property of the person to be protected as may be required for the support of the person or dependents of the person.

(2) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and business affairs of the minor which are or may be necessary for the best interest of the minor and members of minor’s immediate family.

(3) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court, for the benefit of the person and members of the person’s immediate family, has all the powers over the estate and business affairs which the person could exercise if present and not under disability, except the power to make a will. Subject to subsection (c), those powers include, but are not limited to, power to make gifts; to convey or release contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected person as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts of property of the estate which may extend beyond the disability or life of the protected person; to exercise options of the protected person to purchase securities or other property; to exercise rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value; to exercise any right to an elective share in the state of the person’s deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer.

(c) The court may exercise or direct the exercise of the following powers only if satisfied, after notice and hearing, that it is in the best interest of the protected person, and that the person either is incapable of consenting or has consented to the proposed exercise of power:

(1) To exercise or release powers of appointments of which the protected person is done;

(2) To renounce or disclaim interests;

(3) To make gifts in trust or otherwise exceeding in the aggregate 20 percent of the year’s income of the estate; and

(4) To change beneficiaries under insurance and annuity policies.

(d) Except for the disability necessitating the appointment, a determination that a basis for appointment of a conservator or other protective order exists has no effect otherwise on the capacity of the protected person. A conservator has all the powers granted by this section, unless specifically limited by the court. A protected person does not have or possess powers granted to the conservator.
Ala. Code § 26-8-44 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-44
Section 26-8-44 Removal of Property or Money When Minor or Ward and Conservator Nonresidents - Authorization Generally
Status: in_force

When the conservator and the minor or ward are both nonresidents and the minor or ward is entitled to any property in this state or is or will be entitled to any money from any estate, the administration of which is pending in this state, whether such estate shall or shall not have been finally settled, and the money or property may be removed to another state without conflict with any restriction or limitation thereupon and without impairing the right of the minor or ward thereto, such money and property may be received and removed to the state of the residence of the minor or ward upon application of the conservator to the judge of probate of the county in which the property of the minor or ward or the principal part thereof may be or in which such administration may be pending in the manner following.
Ala. Code § 26-17-12 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-12
Section 26-17-12 Genetic Tests; Selection and Compensation of Experts; Admissibility
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-10-27 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-27
Section 26-10-27 Effect of Nonresidence of Adopting Parents
Status: in_force

A child who is a resident of Alabama when eligibility for subsidy is certified shall remain eligible and receive subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption or thereafter.
Ala. Code § 26-10B-9 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-9
Section 26-10B-9 Penalty for False, Misleading, or Fraudulent Claim or Statement
Status: in_force

The submission of any claim for payment or reimbursement for services or benefits pursuant to Section 26-10B-7 or 26-10B-8 of this chapter or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent shall be punishable as perjury.
Ala. Code § 26-10E-25 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-25
Section 26-10E-25 Challenge of Final Judgment; Appeals
Status: in_force

(a)(1) For the purposes of this chapter, a “final judgment” is a judgment in which one of the following is true:

a. The court adjudicates whether an express consent or relinquishment has been withdrawn pursuant to Section 26-10E-14.

b. The court adjudicates a contest to an adoption pursuant to Section 26-10E-3 or Section 26-10E-23.

c. A juvenile court terminates the parental rights of a parent to the adoptee pursuant to Section 26-10E-3 and Section 26-10E-23(d).

d. The court grants or denies the petition for adoption.

(2) A final judgment under this chapter shall be entered in accordance with Rule 58 of the Alabama Rules of Civil Procedure.

(b) A party may file a post judgment motion challenging any final judgment entered under this chapter. Any post judgment motion must be filed within 14 days of the entry of final judgment and no post judgment motion may remain pending for more than 14 days, at which time it shall be deemed denied by operation of law.

(c) A party may appeal any final judgment entered by a court under this chapter. An appeal may be made to the Alabama Court of Civil Appeals by the proper filing of a notice of appeal with the clerk of the court entering the final judgment within 14 days of the entry of the final judgment, subject to Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and Rule 77(d) of the Alabama Rules of Civil Procedure.

(d) An appeal from any judgment of adoption entered under this chapter shall have priority in all courts and shall have precedence over all other matters, except for other matters that have been given priority by specific statutory provision or rule of court. All appeals shall comply with the Alabama Rules of Appellate Procedure.

(e) The court from which the appeal is taken shall enter an order concerning the custody of the adoptee pending appeal. Once the certificate of judgment has been issued by the appellate court, the custody of the adoptee shall remain subject to the custody determination made by the court unless vacated or modified by the appellate court on appeal or unless vacated or modified by the court that made the determination or the court that assumed jurisdiction over the custody of the adoptee pursuant to Section 26-10E-24.

(f) A final judgment of adoption may not be collaterally attacked more than one year after the entry of final judgment of adoption, except for in the following situations:

(1) Fraud relating to the adoption proceedings.

(2) The adoptee has been kidnapped.

(3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.
Ala. Code § 26-8-42 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-42
Section 26-8-42 Removal of Property of Minor or Ward Whose Parent, Etc., Resides Without State or Removes Minor or Ward from State - Entry of Order of Removal
Status: in_force

The court, if satisfied of the truth of the application and that the transcript of the appointment of the conservator in the state of the residence of the parent or conservator is in due form and properly certified and that the court making the appointment has jurisdiction, must make an order authorizing the removal of the property of the minor or ward and authorizing such conservator to receive the same.
Ala. Code § 26-9-9 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-9
Section 26-9-9 Procedure for Appointment of Guardian - Appointment of Guardian; Execution and Filing of Bonds by Guardian; Filing of Certificate by Personal Sureties
Status: in_force

Before making an appointment under the provisions of this chapter the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed.

Upon the appointment being made, the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The bond shall be in the form and be conditioned as required of a guardian appointed under the guardianship laws of this state and it shall be the duty of the court having jurisdiction of the cause, upon the application by any party in interest, to require the filing of an individual bond in accordance with the provisions of this section without regard to the provisions of any preexisting general or local statute or charter provision of any corporation exempting the fiduciary from the posting of an individual guardianship bond. The court shall have power from time to time to require the guardian to file an additional bond.

Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.
Ala. Code § 26-10E-29 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-29
Section 26-10E-29 Grandparent Visitation
Status: in_force

(a) A final judgment of adoption automatically vacates any judgment or order providing a grandparent visitation with an adoptee, unless the adoptee has been adopted pursuant to Section 26-10E-26 or Section 26-10E-27.

(b) In an adoption case proceeding under Section 26-10E-26 or Section 26-10E-27, pre-adoption or post-adoption grandparent visitation rights may be granted, maintained, or modified by the court at any time before or after the final judgment of adoption is entered if it is in the best interest of the adoptee.

(c) In the case of a stepparent adoption under Section 26-10E-26, no grandparent visitation rights may be granted, maintained, or modified over the objection of the spouse of the adoptive stepparent absent compliance with Section 30-3-4.2. Otherwise, Section 30-3-4.2 shall not apply in a case involving an adoptee, but grandparent visitation rights shall be determined based upon the best interest of the adoptee.

(d) An order or judgment regarding grandparent visitation made in a case under this section may only be vacated or modified by the court that entered the order or judgment.
Ala. Code § 26-2B-210 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-210
Section 26-2B-210 Information to Be Submitted to Court
Status: in_force

(a) Except as otherwise provided in this section, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the respondent’s present address or whereabouts and the places and addresses where the respondent has lived during the last five years. The pleading or affidavit must state whether the party:

(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the guardianship or conservatorship of the respondent and, if so, identify the court, the case number, and the date of the guardianship or conservatorship determination, if any;

(2) Knows of any proceeding that could affect the current proceeding, including, but not limited to, proceedings for the establishment, modification, termination, or enforcement of a protective order, and, if so, identify the court, the case number, and the nature of the proceeding;

(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the respondent, and, if so, the names and addresses of any such person; and

(4) Knows the names and addresses of any person not a party to the proceeding who holds an appointment or alternate appointment as legal agent of the respondent and, if so, the names and addresses of any such person.

(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in paragraphs (1) through (4) of subsection (a) is in the affirmative, the declarant shall give additional information under oath as may be required by the court. The court may examine the parties and other persons under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.

(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or incapacitated person would be jeopardized by disclosure of the present address or whereabouts of a party or incapacitated person, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or incapacitated person and determines that the disclosure is in the interest of justice.
Ala. Code § 26-2B-502 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-502
Section 26-2B-502 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 26-10E-3 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-3
Section 26-10E-3 Jurisdiction Under This Chapter
Status: in_force

(a) The probate court shall have original jurisdiction over cases brought pursuant to this chapter. No other court of this state shall have jurisdiction over a case brought under this chapter unless the case, or part of the case, has been transferred from the probate court to the other court in accordance with this section.

(b) If any parent whose consent is required fails to consent or is unable to consent to the adoption of a minor, upon a motion of a party, the case shall be transferred from the probate court to the appropriate juvenile court for the limited purpose of considering the termination of the parental rights of the non-consenting parent. Upon entry of a final judgment adjudicating the claim for termination of parental rights, the juvenile court shall return the case to the probate court for further dispositional proceedings. The dispositional proceedings shall be stayed pending any appeal of the final judgment of the juvenile court.

(c) If, at any time during the pendency of a case under this chapter concerning the adoption of a minor, an action is pending in a circuit court or a juvenile court of this state concerning the custody or parentage of the minor, any party to the case, or the probate court on its own motion, may move to stay the case or to transfer the case to the circuit court or the juvenile court in which the other action is pending. Upon transfer, the transferee court shall have jurisdiction to decide all matters relating to the adoption and to enter a final judgment resolving the adoption case. After entry of the final judgment by the transferee court, the probate court shall have limited jurisdiction over the case to assure compliance with Sections 26-10E-30 and 26-10E-31.

(d) On motion of either party or of the probate court, a contest of an adoption under Section 26-10E-23 that is pending in a probate court shall be transferred to the juvenile court for the limited purpose of adjudicating the contest. After entry of a final judgment adjudicating the contest, the juvenile court shall return the case to the probate court for further dispositional proceedings, which dispositional proceedings shall be stayed pending any appeal of the final judgment.

(e) The provisions of this chapter shall remain applicable to any case transferred to a juvenile court or a circuit court pursuant to this section.

(f) Once an adoption proceeding in the juvenile court has been completed, a copy of all the juvenile court records, including filings and documents originally sent by the probate court upon transfer to the juvenile court shall be forwarded to the original probate court. All other filings and documents that are retained by the juvenile court pertaining to the adoption proceeding shall be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise ordered by the court for good cause shown.

(g) Notwithstanding any law regarding the confidentiality of records and court proceedings involving a minor or adoptee, a court may communicate with another court of this state, another state, or another country in the same manner as provided in Section 30-3B-110, and a court may share records with another court of this state, another state, or another country for the limited purposes of determining any jurisdictional issues regarding a case involving the adoption of an adoptee pursuant to this chapter.
Ala. Code § 26-17-104 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-104
Section 26-17-104 Court of This State
Status: in_force

A circuit or district court of this state or any other court of this state, as provided by law, shall have original jurisdiction to adjudicate parentage pursuant to this chapter and may determine issues of custody, support, and visitation incidental to a determination of parentage. If an issue of non-parentage is raised in a domestic relations action in this state, a court of this state having jurisdiction over the domestic relations action shall have the authority to adjudicate parentage or non-parentage pursuant to this chapter.
Ala. Code § 26-5-12 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-12
Section 26-5-12 Final Consent Settlement Between Conservator and Ward
Status: in_force

A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward’s incapacity or on removal of his or her ward’s disabilities of nonage by a court of competent jurisdiction or, if the ward is married and has attained the age of 18 years, or if the ward has died, present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between him or her and his or her ward, or the ward’s personal representative, if the ward has died. If such consent settlement is agreed to by the ward, or the ward’s personal representative, if the ward has died, by a written instrument, signed by him or her and acknowledged as conveyances of real estate are acknowledged, the court may approve such settlement without notice or publication or posting. The agreement of the ward, or the ward’s personal representative, if the ward has died, may be expressed by joining in the petition with his or her conservator or by a separate written instrument.

Any final settlement, so approved by the court shall have the same force and effect as other settlements made in compliance with the requirements of this article.
Ala. Code § 26-17-602 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-602
Section 26-17-602 Standing to Maintain Proceeding
Status: in_force

Subject to Article 3 and Sections 26-17-607 and 26-17-609, a proceeding to adjudicate parentage may be maintained by:

(1) the child;

(2) the mother of the child;

(3) a man whose paternity of the child is to be adjudicated;

(4) the Alabama Department of Human Resources;

(5) an authorized adoption agency or licensed child-placing agency licensed in Alabama or any other state that is properly authorized to do business in Alabama;

(6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or

(7) any interested person.
Ala. Code § 26-10E-23 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-23
Section 26-10E-23 Contested Hearing
Status: in_force

(a) Upon the filing of a pleading or a motion by a party contesting the adoption, or upon transfer of a contested case pursuant to Section 26-10E-3, the court shall forthwith set the matter for a contested hearing to determine each of the following:

(1) Whether the best interest of the adoptee will be served by the adoption.

(2) Whether the adoptee is available for adoption by each petitioner and whether each petitioner qualifies to adopt an adoptee within the requirements of this chapter.

(3) Whether all necessary express consent, implied consent, or relinquishment to the adoption have been given and, if so, are valid.

(4) Whether an express consent or relinquishment has been or may be withdrawn.

(b) The court shall give at least 14 days of notice of the contested hearing by United States mail to all parties who have appeared before the court unless notice has been waived in writing. The party contesting the adoption and each petitioner shall be present at the contested hearing. A guardian ad litem shall appear and represent the interest of the adoptee. Any contestant who is an individual with a developmental disability or a minor shall also be represented by a guardian ad litem in addition to any counsel retained by the contestant.

(c) The court may continue the hearing from time to time to permit notice to all parties, or to permit further discovery, observation, investigation, or consideration of any fact or circumstance affecting the granting or denial of the adoption petition. The court may order the investigator appointed under Section 26-10E-19, or a court representative to investigate allegations underlying the contest or the whereabouts of any individual entitled to notice of the proceeding.

(d) At the conclusion of the contested hearing, the court shall decide the contest as soon as practicable. If the court determines that the adoption petition should be denied, the court shall either transfer the case to the appropriate juvenile court pursuant to Section 26-10E-3 for the limited purpose of considering termination of parental rights or the court shall enter a final judgment denying the adoption. Otherwise, the court shall enter a final judgment denying the contest and, subject to any post judgment motions and appellate proceedings, the probate court shall proceed as provided in Section 26-10E-24. The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings.

(e) At the contested hearing, the court shall consider any motion of the petitioner or petitioners to obtain reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement.

(f)(1) Following the entry of a final judgment denying a petition for adoption, the court shall enter a temporary custody order determining each of the following:

a. Whether it is in the best interest of the minor child for the petitioner or petitioners to retain custody of the minor child or for the minor child to be returned to the person or agency with legal custody of the minor child prior to the filing of the petition.

b. Whether a written report should be sent to the county department of human resources pursuant to Chapter 14 of Title 26 for a further determination concerning custody.

(2) The custody determination shall remain in effect only until another court of competent jurisdiction enters a custodial order regarding the minor child.

(g) Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.
Ala. Code § 26-17-315 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-315
Section 26-17-315 Hospital Paternity Acknowledgment Program
Status: in_force

(a) Hospitals that have a licensed obstetric care unit or are licensed to provide obstetric services or licensed birthing centers associated with a hospital shall provide to the mother and alleged father, if he is present in the hospital, during the period immediately preceding or following the birth of a child to an unmarried woman in the hospital, all of the following:

(1) written materials about paternity establishment;

(2) form affidavits of paternity;

(3) a written description of the rights and responsibilities of acknowledging paternity; and

(4) an opportunity, prior to discharge from the hospital, to speak with a trained person made available through the Department of Human Resources, either by telephone or in person, who can clarify information and answer questions about paternity establishment. The Department of Human Resources shall make materials available without cost to the hospitals. If the mother and father complete the affidavit in the hospital, the hospital shall send the affidavit of paternity to the Office of Vital Statistics within five days of the birth of the child. Hospitals may be reimbursed by the Department of Human Resources up to the amount allowable by federal regulations for each completed affidavit. A hospital shall be immune from civil or criminal liability for actions taken pursuant to the requirements of this section.

(b) The Office of Vital Statistics shall offer the mother and the alleged father paternity acknowledgment services as specified in this section.

(c) Notwithstanding any law to the contrary, an affidavit of paternity completed in accordance with this section shall be accepted by the Office of Vital Statistics for purposes of listing the father’s name on the child’s birth certificate.

(d) If a birth certificate has been filed in the Office of Vital Statistics, listing a father of the child, no new birth certificate can be established by the Office of Vital Statistics based on an affidavit of paternity received subsequently by that office unless a determination of paternity has been made by a court of competent jurisdiction or following adoption.
Ala. Code § 26-17-304 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-304
Section 26-17-304 Rules for Acknowledgment of Paternity
Status: in_force

(a) An acknowledgment of paternity may be signed at the birth of the child or any time prior to the child’s nineteenth birthday. Before a mother and a putative father sign an acknowledgment of paternity, the mother and putative father shall be given notice, orally or through the use of video or audio equipment and in writing, of the alternatives to, the legal consequences of, and, if one parent is a minor, any rights afforded due to minority status, and the responsibilities that arise from signing of the acknowledgment.

(b) An acknowledgment of paternity takes effect upon the signature of both the mother and putative father and the filing of the document with the Alabama Office of Vital Statistics.
Ala. Code § 26-10F-6 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-6
Section 26-10F-6 Who May Be Adopted
Status: in_force

An adult may be adopted under any of the following conditions:

(1) He or she is an individual with a total and permanent disability.

(2) He or she has been determined to be an incapacitated person as defined in Section 26-2A-20.

(3) He or she consents in writing to be adopted and is:

a. Related in any degree of kinship to the petitioner or petitioners, as defined by the intestacy laws of Alabama;

b. A stepchild or former stepchild by marriage; or

c. A United States citizen and the court is satisfied that there exists a multi-year relationship akin to that between a parent and child and the adoption is for a legitimate purpose.

(4) He or she had been in a de facto parent-child relationship with each petitioner for at least one year during the minority of the adoptee, and each petitioner has maintained a continuous familial relationship with the adoptee. This subdivision shall include, but is not limited to, a foster parent relationship with the adoptee.
Ala. Code § 26-17-301 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-301
Section 26-17-301 Acknowledgment of Paternity
Status: in_force

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity.
Ala. Code § 26-10E-14 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-14
Section 26-10E-14 Express Consent - Withdrawal
Status: in_force

(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn unless the consent or relinquishment is executed in writing and one of the following circumstances applies:

(1) As provided in Section 26-10E-13.

(2) When, at any time before entry of the final judgment of adoption, the court determines that the express consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of, or on behalf of, the petitioner; provided, however, that, after one year from the date of entry of the final judgment of adoption and after all appeals, if any, an express consent or relinquishment may not be challenged on any ground, except in cases of fraud or cases in which the adoptee has been kidnapped.

(3) Upon denial of a petition for adoption after a contested case under Section 26-10E-23.

(b) For the withdrawal of express consent or relinquishment as provided in Section 26-10E-13(b) to become effective:

(1) The individual seeking to withdraw the express consent or relinquishment must sign and date the withdrawal form provided pursuant to Section 26-10E-12 and have the withdrawal form signed by two witnesses or a notary public; and

(2) The individual seeking to withdraw the express consent or relinquishment shall either:

a. File the withdrawal form with the court within five business days of the child’s birth or within five business days of signing the express consent or relinquishment, whichever comes last; or

b. Mail the withdrawal form to the court bearing a postmark dated within five business days of the child’s birth or within five business days of the signing of the express consent or relinquishment, whichever comes last.

(c)(1) A petition to withdraw express consent or relinquishment under subdivision (a)(1) must be filed with the court in which the consent or relinquishment was listed on the withdrawal form. The pending adoption shall proceed to a contest as provided under Section 26-10E-23.

(2) If a petition for adoption is filed with a court and includes an express consent or relinquishment with a different court listed on the withdrawal form, the probate court in which the adoption proceeding is pending shall contact the court listed on the withdrawal form to ascertain whether a withdrawal of the express consent or relinquishment has been filed. The court listed on the withdrawal form shall notify the court in which the adoption proceeding is pending of any subsequent filings.

(d) In adjudicating a petition to withdraw an express consent or relinquishment under subsection (a), the court shall require that the individual seeking to withdraw the express consent or relinquishment shall establish the facts necessary to withdraw the express consent or relinquishment by a preponderance of the evidence.

(e)(1) If an express consent or relinquishment is properly withdrawn under subdivision (a)(1) and the probate court has issued an interlocutory order, the interlocutory order shall be set aside, and the court shall order the legal custody of the minor child restored to the individual or agency with legal custody of the minor child prior to the issuing of the interlocutor order. If the court determines that an attempted withdrawal under subdivision (a)(1) fails to comply with the statutory requirements of subdivision (a)(1), the court shall deny the withdrawal and declare that the express consent or relinquishment is final and binding.

(2) If an express consent or relinquishment is filed under subdivision (a)(2) and the petition to withdraw is filed prior to the entry of the final judgment of adoption, the determination of the validity of the withdrawal shall proceed pursuant to Section 26-10E-23.

(3) An express consent or relinquishment may be withdrawn under subdivision (a)(3) if the petition for adoption is denied after a contested case under Section 23-10E-23.

(4) Any order made by the court upon a petition to withdraw express consent or relinquishment under this section shall be deemed a final judgment for the purpose of filing an appeal under Section 26-10E-25.
Ala. Code § 26-25-1 — Alabama Code / Title 26 / Chapter 25 / Section 26-25-1
Section 26-25-1 Possession and Protection of Abandoned Child
Status: in_force

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

(1) BABY SAFETY DEVICE. A device installed at an emergency medical services provider pursuant to Section 26-25-1.2 for the purpose of permitting a parent to anonymously surrender his or her infant.

(2) DEPARTMENT. The Department of Human Resources.

(3) EMERGENCY MEDICAL SERVICES PROVIDER. All of the following entities:

a. A licensed hospital, as defined in Section 22-21-20, which operates an emergency department. This term does not include either of the following:

1. The offices, clinics, surgery facilities, or treatment facilities of private physicians or dentists.

2. Any individual licensed healthcare provider, including a physician, dentist, nurse, physician assistant, or any other health professional .

b. Any fire station, provided that it is staffed 24 hours a day, seven days a week, 365 days a year with at least one emergency medical services personnel, as defined by Section 22-18-1.

(4) INFANT. A child 45 days old or younger.

(b)(1) An emergency medical services provider, without a court order, shall take possession of an infant who is 45 days old or younger in each of the following circumstances:

a. The infant’s parent delivers the infant to an emergency medical services provider.

b. The infant’s parent places the infant in a baby safety device that meets the requirements of Section 26-25-1.2, provided that the parent did not express an intent to return for the infant .

c. The infant’s parent delivers the infant to an employee of an emergency medical services provider, provided that the employee is responding to an emergency call from a parent who expressed an intent to surrender and not return for the infant.

(2) A parent who surrenders an infant pursuant to this subsection may not be required to provide or asked to provide any information relating to his or her identity. If the identity of the parent is known by an emergency medical services provider, he or she shall keep the identity confidential.

(3) An emergency medical services provider who takes possession of an infant under this section shall perform any act necessary to protect the physical health or safety of the infant . No court order or other legal document shall be required in order for the emergency medical services provider to take possession of an infant whose parent surrenders custody under this chapter.
Ala. Code § 26-26-1 — Alabama Code / Title 26 / Chapter 26 / Section 26-26-1
Section 26-26-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Vulnerable Child Compassion and Protection Act (V-CAP).
Ala. Code § 26-23-3 — Alabama Code / Title 26 / Chapter 23 / Section 26-23-3
Section 26-23-3 Felony Conviction
Status: in_force

Any physician who knowingly performs a partial-birth abortion within this state and thereby kills a human fetus shall be guilty of a Class C felony and upon conviction thereof shall be punished as prescribed by law.
Ala. Code § 26-10F-17 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-17
Section 26-10F-17 Birth Certificates
Status: in_force

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

(b) Upon receipt of a copy of any certified final judgment of adoption from the judge or the clerk of the court for an individual born in this state, the Office of Vital Statistics shall prepare an amended record of birth reflecting the registrant’s new name and the name of each adopting parent as contained in the final judgment and report of adoption. The original birth certificate or evidence of adoption may not be sealed unless otherwise ordered by the court granting the adoption. If the court orders the documents to be sealed, the adoptee may request the original birth certificate and evidence of adoption as provided by Section 22-9A-12(c).

(c) Upon receipt of a copy of a certified final judgment of adoption from the judge or the clerk of the court for a foreign-born individual adopted in a court in this state, the Office of Vital Statistics, upon request, shall create a Certificate of Foreign Birth and sealed file as provided in Section 22-9A-12(i).
Ala. Code § 26-9-10 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-10
Section 26-9-10 Investment of Funds of Estate by Guardian; Limitation as to Loans of Funds of Ward
Status: in_force

(a) Every guardian shall invest the funds of the estate in one or more of the following forms in which the guardian has no interest and not otherwise:

(1) Interest-bearing obligations of the State of Alabama or of the United States or as to which the State of Alabama or the United States has guaranteed the payment of both principal and interest.

(2) Loans secured by direct first mortgage on improved real estate located within the State of Alabama. Such loans shall not exceed 50 percent of the actual value fixed by a competent appraiser or of the value for which such real estate, with improvements, was assessed for taxation for the last preceding tax year, whichever is the lower, except as provided in subdivision (3) of this section.

(3) Purchase of indebtedness secured by first real estate mortgages which have been accepted for insurance by the Secretary of Housing and Urban Development or his or her successor in office pursuant to Title II of the National Housing Act; provided, that only the entire indebtedness as a unit is purchased and before maturity.

(4) Purchase of a home or farm for the sole use of the ward or his or her dependents if the ward does not already own real estate suitable for a home, such real estate to be located in the State of Alabama and to be of area and location suitable to the station in life and prospects of the ward and his or her dependents. Title thereto must be conveyed to the ward, but the property must be managed by the guardian for the ward and the guardian must account for any rents and profits derived therefrom. Before investing funds of the ward in real estate, the guardian must require an abstract of title to be examined by a reputable attorney and secure from such attorney a certificate in writing showing title thereto to be clear and free from any incumbrance. The guardian, acting in good faith, shall not be individually responsible for any depreciation in value of land so purchased when such depreciation results from causes which cannot be prevented by the guardian.

(5) Deposit in the savings department of any banking institution in the state which bank is a member of the Federal Deposit Insurance Corporation; provided, that the total amount deposited in any such bank, with interest, must not at any time exceed the amount by which such funds so deposited are insured by the Federal Deposit Insurance Corporation. In the event the fiduciary is a banking institution, it may likewise deposit the funds in its own savings department, subject to the same regulations as other savings depositors therein and shall be liable for interest thereon, but only at the same rate as that paid other savings account depositors.

(b) No fiduciary shall make any loan of the funds of the ward for any period in excess of one calendar year from the date of such loan without prior written approval of the court of appointment, which written approval shall not be granted except upon the filing with the court of an application verified by the oath of the guardian setting forth the identity of the proposed borrower, the amount proposed to be loaned, the terms of repayment, the interest rate, a complete description of the real estate and improvements, a statement that the guardian has no interest therein, and the facts upon which the guardian deems it proper to negotiate a loan for a period longer than one year, which application must also be accompanied by a written appraisal of the proposed security by a competent, disinterested appraiser.
Ala. Code § 26-23E-13 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-13
Section 26-23E-13 Civil Action for Damages
Status: in_force

Any person who can demonstrate personal injury, including physical injury, emotional distress, or mental anguish, where such injury has resulted from the failure of an abortion or reproductive health center to conform to the requirements of this chapter, may maintain a civil action for damages against the abortion or reproductive health center and against the administrator of the facility.
Ala. Code § 26-10E-33 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-33
Section 26-10E-33 Payments to Parent for Placing Minor for Adoption, Etc.; Maternity Expenses; Legitimate Charges
Status: in_force

(a) It shall be a Class A misdemeanor for any individual or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor child. It shall be a Class C felony for any individual or agency to pay money or anything of value to a parent for the placement of a child for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor child. This section does not make it unlawful, as provided in Section 26-10E-22, to pay the maternity-connected expenses, medical or hospital expenses, and necessary living expenses of the mother preceding and during pregnancy-related incapacity, as long as the payment is not contingent upon placement of the minor child for adoption, consent to the adoption, or cooperation in the completion of the adoption.

(b) It shall be a Class C felony for any individual or agency to receive any money or other thing of value for placing, assisting, or arranging for the placement of a minor for adoption. This section is not intended to prohibit legitimate charges for medical, legal, prenatal, or other professional services.

(c) Surrogate motherhood is not intended to be covered by this section.
Ala. Code § 26-17-637 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-637
Section 26-17-637 Binding Effect of Determination of Parentage
Status: in_force

(a) Except as otherwise provided in subsection (b), a determination of parentage is binding on:

(1) all signatories to an acknowledgement as provided in Article 3; and

(2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 30-3A-201.

(b) A child is not bound by a determination of parentage under this chapter unless the child was a party or was represented in the proceeding determining parentage by a guardian ad litem.

(c) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 30-3A-201, and the final order expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or similar words indicating that the husband is the father of the child.

(d) Except as otherwise provided in subsection (b), a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.

(e) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review including proceedings under Section 26-17A-1.
Ala. Code § 26-24-64 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-64
Section 26-24-64
Status: in_force

(a) The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop training on screen time standards provided in Section 26-24-63 and alternatives to screen time. The training may be tailored to each type of early childhood education program.

(b) Each early childhood education program teacher and staff member who closely supervises children shall complete the training annually.
Ala. Code § 26-18-2 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-2
Section 26-18-2 Purpose; Precedence of Appeals
Status: reserved

Repealed by Act 2008-277, §30, effective January 1, 2009.
Ala. Code § 26-2A-102 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-102
Section 26-2A-102 Court Appointment of Guardian for Incapacitated Person
Status: in_force

(a) Except as provided by subsection (e), an incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian.

(b) After the filing of a petition, the court shall set a date for hearing on the issue of incapacity so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated person is represented by counsel, appoint an attorney to represent the person in the proceeding. The person so appointed may be granted the powers and duties of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician or other qualified person appointed by the court who shall submit a report in writing to the court. The person alleged to be incapacitated also shall be interviewed by a court representative sent by the court. The court representative also shall interview the person who appears to have caused the petition to be filed and any person who is nominated to serve as guardian and visit the present place of abode of the person alleged to be incapacitated and the place it is proposed that the person will be detained or reside if the appointment is made and submit a report in writing to the court. The court may utilize the service of any public or charitable agency as an additional court representative to evaluate the condition of the allegedly incapacitated person and to make appropriate recommendations to the court.

(c) A person alleged to be incapacitated is entitled to be present at the hearing in person. The person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35. The issue may be determined at a closed hearing if the person alleged to be incapacitated or counsel for the person so requests.

(d) Any person may apply for permission to participate in the proceeding, and the court may grant the request, with or without hearing, upon determining that the best interest of the alleged incapacitated person will be served thereby. The court may attach appropriate conditions to the permission.

(e) The custodial parent or parents or an adult custodial sibling of an adult child who is incapacitated by reason of an intellectual disability, may file, in lieu of a petition, a written request to be appointed guardian of his or her adult child or his or her adult sibling in order to continue performing custodial and other parental responsibilities or family responsibilities, or both responsibilities, for the child after the child has passed his or her minority. The court may waive any or all procedural requirements of the Uniform Guardianship Act, including notice and service, and appointments, and interviews. The adult child alleged to be incapacitated shall have had an examination by a physician or other qualified person and furnish a written report of the findings to the court.

In lieu of a hearing, the probate court shall hold an informal hearing with the custodial parent or custodial parents or custodial adult sibling requesting the guardianship, the adult child for whom the guardianship is sought, and a guardian ad litem for the adult child chosen by the judge of probate.

Following the interview, the court may do any of the following:

(1) Issue an order appointing the custodial parent or custodial parents or custodial sibling as guardian of the adult child as in any other proceeding pursuant to this section.

(2) Deny the request for appointment as guardian pursuant to the special proceedings allowed only for a custodial parent or custodial parents or custodial sibling.

(3) Delay a determination on the request to gather additional information in compliance with one or more of the usual requirements for appointments, interviews, or examinations by physicians or other qualified persons.
Ala. Code § 26-19B-6 — Alabama Code / Title 26 / Chapter 19B / Section 26-19B-6
Section 26-19B-6 Liability of Entities and Individuals
Status: in_force

An entity or individual participating in the dissemination of an alert generated through the alert system under this chapter is not liable for any civil damages arising from the dissemination of the alert absent unreasonable, wanton, willful, or intentional conduct.
Ala. Code § 26-5-54 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-54
Section 26-5-54 Issuance of Execution, Etc., Against Sureties
Status: in_force

Execution and all other final process may issue against the sureties on the bond to enforce the judgments.
Ala. Code § 26-10C-2 — Alabama Code / Title 26 / Chapter 10C / Section 26-10C-2
Section 26-10C-2 Effect of Chapter on Preexisting Rights, Obligations, Etc
Status: in_force

This chapter shall not be construed to alter, impair, defeat, or restore any rights, obligations, duties, or interest accrued, incurred, conferred, or terminated prior to January 1, 1997.
Ala. Code § 26-10-24 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-24
Section 26-10-24 Certification for Subsidy; Procedures; Approval of Plan
Status: in_force

(a) Except in cases involving foster parents, where the department has made reasonable efforts to locate an appropriate family to adopt the child without the use of subsidy and no family has been found for the child, the State Department of Human Resources shall certify the child as eligible for a subsidy, provided the other requirements of this article are met.

(b) In cases involving foster parents where there is evidence to support the existence of potential danger to the child in severing his or her emotional ties with his or her foster parents who are the prospective adoptive parents, no evidence need be presented that reasonable efforts have been made to place the child without subsidy.

(c) Application for adoption subsidy shall be in the form and contain the information required by the department.

(d) The decision concerning certification of the child for subsidy shall be made by the State Department of Human Resources. Evidence submitted by the voluntary licensed child-placing agency shall serve as a basis for the decision and the State Department of Human Resources may request and receive from the voluntary licensed child-placing agency additional information which the State Department of Human Resources considers necessary to the decision.

(e) The State Department of Human Resources will negotiate with the adoptive parent or parents and sign jointly with the adoptive parents the subsidy agreement. The State Department of Human Resources will be the administrator of the subsidy agreement according to its regulations and the terms of this article.

(f) The voluntary licensed child-placing agency shall continue supervisory responsibility for the child and the family until after the final adoption decree has been issued.
Ala. Code § 26-16-4 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-4
Section 26-16-4 Child Abuse and Neglect Prevention Board - Composition; Terms; Officers and Committees; Compensation
Status: in_force

(a) The state board shall be composed of the following 14 members:

(1) The Commissioner of the State Department of Human Resources, the State Mental Health Officer, the State Health Officer, the State Superintendent of Education, and the Secretary of the Alabama State Law Enforcement Agency or designees authorized to speak on their behalf.

(2) Nine public members appointed by the Governor, one from each of the seven congressional districts into which the state is divided for the purpose of electing representatives in the United States Congress, and two from the state at large. As a group, the public members shall demonstrate knowledge in the area of child abuse and neglect prevention; shall be representative of the demographic composition of this state; and, to the extent practicable, shall be representative of all of the following categories: Organized labor, the business community, the religious community, the legal community, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services.

(b) The term of each public member shall be three years, except that of the public members first appointed, three shall serve for three years, three for two years, and three for one year. The Governor shall designate the term which each of the members first appointed shall serve when he or she makes such appointments. A public member shall not serve more than two consecutive terms whether partial or full. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.

(c) The Governor shall designate a chair of the state board from among the public members, which chair shall serve in that position at the pleasure of the Governor. The state board may elect other officers and committees as it considers appropriate.

(d) The actual and necessary per diem compensation and the schedule for reimbursement of expenses for the public members of the state board shall be the same as prescribed by law for state employees when traveling on state business. The compensation and reimbursement, the salaries of the director and staff, and all actual and necessary operating expenses of the department and the members of the state board shall be paid from the trust fund, pursuant to an authorization as provided in Section 26-16-9.
Ala. Code § 26-23B-9 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-9
Section 26-23B-9 Construction with Other Laws
Status: in_force

The provisions of this chapter are supplemental to and shall be read in pari materia with Chapter 22 of this title, relating to the abortion of viable unborn children, and the Alabama Partial-Birth Abortion Ban Act of 1997. This chapter shall not be construed to repeal, by implication or otherwise, Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama’s law regulating or restricting abortion. An abortion that complies with this chapter but violates the provisions of Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama’s law shall be deemed unlawful as provided in such provision. An abortion that complies with the provisions of Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama’s law regulating or restricting abortion but violates this chapter shall be deemed unlawful as provided in this chapter.
Ala. Code § 26-1B-5 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-5
Section 26-1B-5 Supporter Powers and Duties
Status: in_force

(a) A supporter shall do all of the following:

(1) Support the will and preference of the adult and not the supporter’s opinion of the adult’s best interest.

(2) Act honestly, diligently, and in good faith.

(3) Act within the scope set forth in the adult’s supported decision-making agreement.

(4) Avoid conflicts of interest.

(5) Timely notify the adult in writing, in the adult’s preferred language and mode of communication, of his or her intent to resign as a supporter.

(b) A supporter is a fiduciary and shall make and communicate decisions in cooperation with the adult and preserve the adult’s authority to make decisions.

(c) A supporter shall not do any of the following:

(1) Exert undue influence upon the adult.

(2) Receive a fee or compensation for services performed in the role of supporter.

(3) Obtain, without the consent of the adult, information for a purpose other than assisting the adult in making a specific decision authorized by the supported decision-making agreement.

(4) Obtain, without the consent of the adult, nonpublic personal information, as defined by 15 U.S.C. § 6809(4).

(5) Act outside the scope of authority provided in the supported decision-making agreement.

(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, or to communicate or implement decisions made by the adult.

(e) A request or decision made or communicated with the assistance of a supporter in conformity with the supported decision-making agreement shall be recognized as the request or decision of the adult for the purposes of any provision of law.
Ala. Code § 26-25-2 — Alabama Code / Title 26 / Chapter 25 / Section 26-25-2
Section 26-25-2 Notification to Department of Human Resources; Investigation Whether Infant Has Been Reported as Missing
Status: in_force

(a) No later than the close of the first business day after the date on which an emergency medical services provider takes possession of an infant pursuant to this chapter, the provider shall notify the Department of Human Resources that the emergency medical services provider has taken possession of the infant and take the infant to a licensed hospital for a medical evaluation.

(b) The department shall assume the care, control, and custody of the infant immediately on receipt of notice pursuant to subsection (a). The department shall be responsible for all medical and other costs associated with the infant and shall reimburse any hospital or emergency medical services provider for any costs incurred prior to the infant being placed in the care of the department.

(c) Immediately after assuming custody of an infant, the department shall contact the local law enforcement agency in the municipality or county where the infant was surrendered to determine whether the infant is a missing child in this state or in another state, and the law enforcement agency shall investigate whether the infant has been reported as missing.
Ala. Code § 26-2A-111 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-111
Section 26-2A-111 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 or spousal appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed.

(b) If the court at the place where the ward resides is not 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 may be in the best interest of the ward. A copy of any order accepting a resignation, removing a guardian, or altering authority must be sent to the court in which acceptance of appointment is filed.
Ala. Code § 26-10F-7 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-7
Section 26-10F-7 Consent to Adoption
Status: in_force

(a) A consent shall be in a sworn writing and signed by the person consenting.

(1) Only the sworn, written consent of a legally competent adoptee shall be required.

(2) If the adoptee has been adjudicated incompetent or declared to be an incapacitated person as defined in Section 26-2A-20, the sworn written consent of any legal guardian or conservator of the adoptee and a court appointed guardian ad litem shall be required. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.

(3) If the court has reason to believe that the adoptee may be unable to give consent, the court shall appoint a guardian ad litem who shall investigate the adoptee’s circumstances and that guardian ad litem shall give or withhold consent. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.

(4) If the adoptee is married and is incapacitated or otherwise unable to consent, the sworn written consent of his or her spouse is also required.

(b) A motion to withdraw consent may be filed at any time before the dispositional hearing on the adoption petition.
Ala. Code § 26-10B-3 — Alabama Code / Title 26 / Chapter 10B / Section 26-10B-3
Section 26-10B-3 Definitions
Status: in_force

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

(1) STATE. A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.

(2) ADOPTION ASSISTANCE STATE. The state that is signatory to an adoption assistance agreement in a particular case.

(3) RESIDENCE STATE. The state of which the child is a resident by virtue of the residence of the adoptive parents.
Ala. Code § 26-2B-103 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-103
Section 26-2B-103 International Application of Act
Status: in_force

(a) A court of this state, by written order, may treat a foreign country as if it were a state of the United States for the purpose of applying this article and Articles 2, 3, and 5.

(b) Except as otherwise provided in subsection (c), a guardianship or conservatorship determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under Article 3.

(c) A court of this state need not apply this chapter if the guardianship or conservatorship law of a foreign country violates fundamental principles of human rights.
Ala. Code § 26-23G-3 — Alabama Code / Title 26 / Chapter 23G / Section 26-23G-3
Section 26-23G-3 Dismemberment Abortion Prohibited Unless Necessary to Prevent Serious Health Risk to Mother of Unborn Child
Status: in_force

(a) Notwithstanding any other provision of law, it shall be unlawful for any individual to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother.

(b) An individual accused in any proceeding of unlawful conduct under subsection (a) may seek a hearing before the State Board of Medical Examiners on whether the dismemberment abortion was necessary to prevent serious health risk to the unborn child’s mother. The findings of the board are admissible on that issue at any trial in which such unlawful conduct is alleged. Upon a motion of the individual accused, the court shall delay the beginning of the trial for not more than 30 days to permit the hearing to take place.

(c) No woman upon whom an abortion is performed or attempted to be performed shall be thereby liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be thereby liable for performing or attempting to perform a dismemberment abortion.

(d) This chapter does not prevent abortion for any reason including rape and incest by any other method, unless otherwise prevented by law.
Ala. Code § 26-1A-120 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-120
Section 26-1A-120 Liability for Refusal to Accept Acknowledged Power of Attorney
Status: in_force

(a) Except as otherwise provided in subsection (b):

(1) a person shall either effect a requested transaction in reliance upon an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation of the power of attorney and a request to effect the transaction;

(2) if a person requests a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person shall effect the transaction in reliance upon the power of attorney within a reasonable time after receipt of the certification, translation, or opinion of counsel; and

(3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

(b) A person is not required to effect a transaction in reliance upon an acknowledged power of attorney:

(1) if the person would not be required to engage in the transaction with the principal if the principal was competent and acting on his or her own behalf;

(2) if the person in good faith believes engaging in the transaction with the agent or the principal in the same circumstances would be inconsistent with law or any rule or regulation of any government or any governmental agency or instrumentality;

(3) if the person has actual knowledge of the fact that the power of attorney is void, invalid, or terminated, that the agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority;

(4) until after a certification, a translation, or an opinion of counsel requested under Section 26-1A-119(d) is provided to such person;

(5) if the person in good faith believes that the power of attorney is void, invalid, or terminated, that the agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority, whether or not a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) has been requested or provided; or

(6) if the person makes, or has actual knowledge that another person has made, a report to the Department of Human Resources stating a belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.

(c) A person that refuses in violation of this section to effect a transaction in reliance upon an acknowledged power of attorney is subject to, as its sole liability with respect to such a refusal notwithstanding Section 26-1A-123:

(1) a court order mandating that the person effect such transaction in reliance upon the power of attorney; and

(2) liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates that the person effect such transaction in reliance upon the power of attorney.
Ala. Code § 26-23H-5 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-5
Section 26-23H-5 Liability
Status: in_force

No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable. Furthermore, no physician confirming the serious health risk to the child’s mother shall be criminally or civilly liable for those actions.
Ala. Code § 26-17-606 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-606
Section 26-17-606 No Limitation to Adjudicate Parentage for a Child Having No Presumed, Acknowledged, or Adjudicated Father; Limitation for Child Support
Status: in_force

(a) Except as provided in subsection (b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after:

(1) the child becomes an adult, but only if the child initiates the proceeding; or

(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.

(b) An action to determine paternity for the purposes of obtaining support shall not be brought after the child obtains age 19, unless otherwise provided by law.
Ala. Code § 26-1-5 — Alabama Code / Title 26 / Chapter 1 / Section 26-1-5
Section 26-1-5 Age of Majority for Purposes of Contracting with Banks, Credit Unions, Etc., for Certain Loans or Accounts; Requirements for Members of Armed Forces
Status: in_force

(a) Notwithstanding Section 26-1-1, the age of majority for the purposes of contracting for educational loans for college level education and above, within the State of Alabama, shall be 17 years of age.

(b) Notwithstanding Section 26-1-1, for purposes of contracting with a bank, credit union, or similar savings and loan institution, including obtaining a loan or opening a checking or savings account, a member of any branch of the Armed Forces of the United States shall be deemed to have attained the age of majority and shall be relieved of his or her disabilities of minority for that purpose, and he or she may continue to be deemed to have reached the age of majority even if he or she shall subsequently no longer be a member of the Armed Forces of the United States. A member of the Armed Forces of the United States who contracts with a bank, credit union, or similar savings and loan institution may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract solely on the basis of the member’s age, even if he or she subsequently is no longer a member of the Armed Forces of the United States. A member of the Armed Forces of the United States seeking to contract with a bank, credit union, or similar savings or loan institution pursuant to this subsection may be required to verify his or her membership in the Armed Forces of the United States by presenting in person a valid United States Uniformed Services Privileges and Identification Card.
Ala. Code § 26-24-31 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-31
Section 26-24-31 Alabama Children’s Policy Council Fund
Status: in_force

(a) There is hereby established the Alabama Children’s Policy Council Fund into which there is automatically appropriated twenty thousand dollars ($20,000) annually at the beginning of each fiscal year. Any funds remaining in the Alabama Children’s Policy Council Fund at the end of any fiscal year shall not revert to the State General Fund. The Comptroller shall transfer the moneys from the State General Fund to the Alabama Children’s Policy Council Fund annually at the beginning of each fiscal year and the moneys in the fund shall be expended for the travel expenses of members of the Alabama Children’s Policy Council who are not otherwise reimbursed by the state and such other necessary operating costs and expenses as approved by the Chair of the Alabama Children’s Policy Council. Travel and per diem for all members of the Alabama Children’s Policy Council shall be calculated and paid at the same rate applicable to state employees. Any expenses of the Alabama Children’s Policy Council, including printing, postage, and mailing costs, which cannot be paid because of insufficient funds, shall be charged to the departments and agencies represented by membership on the Alabama Children’s Policy Council on a pro rata basis, as calculated by the chair.

(b) The Alabama Children’s Policy Council may accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing this chapter. All funds shall be deposited into the Alabama Children’s Policy Council Fund, which shall be under the management of the Alabama Children’s Policy Council. Moneys of the fund may be withdrawn by vouchers or checks signed by the chair of the Alabama Children’s Policy Council.
Ala. Code § 26-1A-203 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-203
Section 26-1A-203 Construction of Authority Generally
Status: in_force

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 26-1A-204 through 26-1A-217 or that grants to an agent authority to do all acts that a principal could do pursuant to Section 26-1A-201(c), a principal authorizes the agent, with respect to that subject, to:

(1) demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;

(2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;

(3) execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to the power of attorney;

(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;

(5) seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;

(6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;

(7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute or regulation;

(8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;

(9) access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and

(10) do any lawful act with respect to the subject and all property related to the subject.
Ala. Code § 26-16-72 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-72
Section 26-16-72 Initial Funding; Failure to Meet Standards
Status: in_force

Any new child advocacy center within the State of Alabama that desires to become certified by the network may request and receive initial funding if approved by the board of directors of the network. Any center failing to meet the standards established in Section 26-16-70 for a period of one year or longer shall not be eligible to receive state funding.
Ala. Code § 26-10D-4 — Alabama Code / Title 26 / Chapter 10D / Section 26-10D-4
Section 26-10D-4 Purposes
Status: in_force

The purposes of this chapter are as follows:

(1) To prohibit governmental entities from discriminating or taking an adverse action against a child placing agency on the basis that the agency declines to make a child placement that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs of the agency, provided the agency is otherwise in compliance with Minimum Standards for Child Placing Agencies.

(2) To protect the exercise of religion of child placing agencies and to ensure that governmental entities will not be able to force those agencies, either directly or indirectly, to discontinue all or some of their child placing services because they decline to place a child for adoption or in a foster home that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs, when otherwise the agency is in compliance with required Minimum Standards for Child Placing Agencies.

(3) To provide relief to child placing agencies whose rights have been violated.
Ala. Code § 26-15-1 — Alabama Code / Title 26 / Chapter 15 / Section 26-15-1
Section 26-15-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Child Abuse Act.
Ala. Code § 26-16-2 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-2
Section 26-16-2 Definitions
Status: in_force

As used in this article, the following words and phrases shall have the meanings herein ascribed to them:

(1) CHILD. A person under 18 years of age.

(2) CHILD ABUSE. Harm or threatened harm to a child’s health or welfare by a person responsible for the child’s health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury; sexual abuse, which includes a violation of any provision of Article 4, Chapter 6, Title 13A.

(3) CULTURAL COMPETENCY. The ability of an individual or organization to understand and act respectfully toward, in a cultural text, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization.

(4) DEPARTMENT. The Department of Child Abuse and Neglect Prevention.

(5) LOCAL COUNCIL. An organization which meets the criteria described in Section 26-16-10.

(6) NEGLECT. Harm to a child’s health or welfare by a person responsible for the child’s health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.

(7) ORGANIZATION. A nonprofit organization or a public agency which provides or proposes to provide child abuse and neglect prevention, early intervention services, or parent education.

(8) PREVENTION PROGRAM. A system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian.

(9) STATE BOARD. The State Child Abuse and Neglect Prevention Board created in Section 26-16-3.

(10) TRUST FUND. The Children’s Trust Fund established in the State Treasury.
Ala. Code § 26-17-510 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-510
Section 26-17-510 Identical Brothers
Status: in_force

(a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.

(b) If each brother satisfies the requirements as the identified father of the child under Section 26-17-505 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
Ala. Code § 26-17-204 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-204
Section 26-17-204 Presumption of Paternity
Status: in_force

(a) A man is presumed to be the father of a child if:

(1) he and the mother of the child are married to each other and the child is born during the marriage;

(2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;

(3) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce;

(4) after the child’s birth, he and the child’s mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law although the attempted marriage is or could be declared invalid, and:

(A) he has acknowledged his paternity of the child in writing, such writing being filed with the appropriate court or the Alabama Office of Vital Statistics; or

(B) with his consent, he is named as the child’s father on the child’s birth certificate; or

(C) he is otherwise obligated to support the child either under a written voluntary promise or by court order;

(5) while the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child or otherwise openly holds out the child as his natural child and establishes a significant parental relationship with the child by providing emotional and financial support for the child; or

(6) he legitimated the child in accordance with Chapter 11 of Title 26.

(b) A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6. 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 § 26-23B-2 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-2
Section 26-23B-2 Legislative Findings
Status: in_force

The Legislature makes all of the following findings:

(1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body by no later than 16 weeks after fertilization and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 weeks.

(2) By eight weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example by recoiling.

(3) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli is applied without such anesthesia.

(4) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.

(5) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life.

(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.

(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.

(8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.

(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.

(10) The position, asserted by some medical experts, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from thrashing about in reaction to invasive surgery.

(11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization.

(12) It is the purpose of this state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.

(13) Alabama’s compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of Alabama’s compelling state interest in protecting the lives of unborn children from the stage of viability, and neither state interest is intended to replace the other.

(14) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of this state that if any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. Moreover, this state declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases, or words, or any of their applications, were to be declared unconstitutional.
Ala. Code § 26-17-901 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-901
Section 26-17-901 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 § 26-2A-116 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-116
Section 26-2A-116 Notice Requirements
Status: in_force

(a) Except as provided under subsection (b), provided the relative has supplied the guardian with his or her current contact information, the guardian shall as soon as practicable inform relatives of any of the following:

(1) The ward dies.

(2) The ward is admitted to a medical facility for acute or chronic care for a period of three days or more.

(3) The ward’s residence has changed.

(4) The ward is staying at a location other than the ward’s residence for a period that exceeds one calendar week.

(5) In the case of the ward’s death, the guardian shall inform relatives of any funeral arrangements and the location of the ward’s final resting place.

(b) The court shall relieve a guardian of the duty to provide notice to a relative under this division, if the court finds that:

(1) The relative entitled to notice about the ward has submitted a written request to the guardian electing not to receive notice about a ward’s health and residence.

(2) A protective order was issued against the relative to protect the ward.

(3) The court ordered that the relative not be given this information.
Ala. Code § 26-23E-8 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-8
Section 26-23E-8 Office-Based Procedure Requirements
Status: in_force

Physicians performing abortion procedures in abortion or reproductive health centers shall conform to the rules for office-based surgery of the Alabama State Board of Medical Examiners, shall meet the standards prescribed in the rules for office-based procedures - moderate sedation/analgesia, and shall meet all other requirements in those rules, including the recommended guidelines for follow-up care, requirements for recovery area, assessment for discharge, reporting requirements, and registration requirements.
Ala. Code § 26-10E-20 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-20
Section 26-10E-20 Removal of Adoptee from County
Status: in_force

After the petitioner or petitioners have received the adoptee into his, her, or their home, the adoptee shall not be removed from the county in which the petitioner or petitioners reside until the final judgment has been entered for a period of longer than 15 consecutive days, unless notice is given to the investigative agency or individual.
Ala. Code § 26-24-65 — Alabama Code / Title 26 / Chapter 24 / Section 26-24-65
Section 26-24-65
Status: in_force

(a) Compliance with this article shall be monitored and enforced by the following entities:

(1) For child-care facilities licensed by the State Department of Human Resources, by the State Department of Human Resources pursuant to Section 38-7-7.1.

(2) For prekindergarten programs operating under Article 2, by the department pursuant to subsection (b).

(3) For public kindergarten, by the local school principal pursuant to Section 16-40-15.

(b)(1) In addition to the standards established pursuant to Article 2, each prekindergarten operating under Article 2 shall implement and abide by a screen time policy that meets the requirements of this article and reflects the screen time standards established pursuant to Section 26-24-63.

(2) The secretary of the department shall monitor prekindergarten compliance with this article as he or she deems necessary, provided that the secretary must:

a. Include a screen time policy in the Office of School Readiness Program Guidelines;

b. Require prekindergarten teachers to annually complete the training required by Section 26-24-64; and

c. In the event that a prekindergarten is not in compliance with this section, prioritize additional training with relevant staff members. If noncompliance continues, the department may establish or enforce a corrective action plan.
Ala. Code § 26-11-2 — Alabama Code / Title 26 / Chapter 11 / Section 26-11-2
Section 26-11-2 Procedure for Legitimation by Written Declaration of Father Generally; Notification of Mother; Filing of Response; Appointment of Guardian Ad Litem; Hearing; Issuance of Order by Court; Certification of Minutes of Court to Office of Vital Statistics
Status: in_force

(a) A father of a bastard child may seek to legitimate it and render it capable of inheriting his estate by filing a notice of declaration of legitimation in writing attested by two witnesses, setting forth the name of the child proposed to be legitimated, its sex, supposed age, and the name of mother and that he thereby recognizes it as his child and capable of inheriting his estate, real and personal, as if born in wedlock. The declaration, being acknowledged by the maker before the judge of probate of the county of the father’s residence or the child’s residence or its execution proved by the attesting witnesses, shall be filed in the office of the judge of probate of the father’s residence or the child’s residence.

(b) Upon the filing of the declaration of legitimation, notice shall be given to the child’s mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child’s mother shall, within 30 days after receiving notice, file her objection or consent to the legitimation with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother’s response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether legitimation is in the best interest of the child. The court shall issue an order of legitimation or denial of declaration of legitimation.

(c) Upon legitimation of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.
Ala. Code § 26-5-50 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-50
Section 26-5-50 Filing of Account and Vouchers for Final Settlement with Succeeding Conservator, Etc., by Sureties on Bond of Conservator
Status: in_force

In case of the death of a conservator who has not made a final settlement of his or her conservatorship and when there shall have not been granted letters of administration or testamentary on his or her estate, the sureties on his or her official bond may proceed to make settlement of his or her administration of the estate as conservator in the probate court having jurisdiction thereof by filing an account and vouchers for final settlement with the succeeding conservator or cestui que trust or minors and guardian ad litem where minors are interested.
Ala. Code § 26-19-1 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-1
Section 26-19-1 Definitions
Status: in_force

For purposes of this chapter, the following words shall have the meanings ascribed, unless the context clearly indicates otherwise:

(1) ACMEC. The Alabama Center for Missing and Exploited Children created by this chapter within the department.

(2) CJIC. The Criminal Justice Information Center of the state.

(3) DEPARTMENT. The Alabama State Law Enforcement Agency.

(4) LAW ENFORCEMENT AGENCIES. Federal, state and local law enforcement agencies of this state primarily, and of other states generally.

(5) MISSING CHILD. A child whose whereabouts are unknown to the child’s legal custodian, the circumstances of whose absence indicate that:

a. The child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; or

b. The child voluntarily left the care and control of the child’s legal custodian without the custodian’s consent and without intent to return.

(6) MISSING PERSON. A person 18 years old or older whose disappearance is possibly not voluntary.

(7) NCIC. The National Crime Information Center and its computer system of reported missing persons and unidentified deceased persons maintained by the Federal Bureau of Investigation.

(8) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency.
Ala. Code § 26-10E-11 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-11
Section 26-10E-11 (Effective until January 1, 2026) Surrender of Custody of Minor Under Age of Majority
Status: in_force

An express consent or relinquishment shall be in writing, signed by the individual consenting or relinquishing, and shall state all of the following:

(1) The date, place, and time of execution.

(2) The date of birth or, if prior to birth, the expected date of birth of the adoptee and any names by which the adoptee has been known.

(3) The date of birth of the individual consenting or relinquishing and his or her relationship to the adoptee.

(4) If the right to know the identity of each petitioner has not been waived, the legal name of each petitioner, unless the document is a relinquishment of the adoptee to an agency.

(5) That the individual executing the document is voluntarily and unequivocally consenting to the adoption of the adoptee. If the individual executing the document consents to the adoption of the adoptee by only a designated individual or married couple, the express consent shall specify that the consent applies only to that individual or married couple, as identified by his, her, or their legal names and that the express consent shall not be construed to apply to any other individual seeking to adopt the adoptee.

(6) That by signing the document, the individual executing the document understands that, except as otherwise provided in this chapter, upon the entry of the final judgment of adoption, he or she forfeits all rights and obligations to the adoptee and that he or she understands the express consent or relinquishment and executes it freely and voluntarily.

(7) That the individual signing the document has been advised and understands that his or her express consent or relinquishment may be withdrawn only in the manner, and within the time periods, as provided in Sections 26-10E-13 and 26-10E-14, and that the adoption may not be collaterally attacked after the entry of the final judgment of adoption, except as authorized in this chapter.

(8) That the individual signing the document understands that the express consent may become irrevocable, and that the individual should not execute it if he or she needs or desires psychological or legal advice, guidance, or counseling.

(9) The address of the court in which the petition for adoption has been or will be filed, if known, and if not known, the name and address of the agency, any petitioner, or the attorney of any petitioner on whom notice of the withdrawal or relinquishment of express consent may be served.

(10) In the case of relinquishment, the name and address of the agency to which the adoptee has been relinquished.

(11) That the individual executing the document has received or has been offered a copy of the express consent or relinquishment and withdrawal form.

(12) That the individual executing a relinquishment waives further notice of the adoption proceeding.

(13) That the individual executing an express consent waives further notice of the adoption proceedings unless there is a contest or appeal of the adoption proceeding.
Ala. Code § 26-17-3 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-3
Section 26-17-3 Parent and Child Relationship - Relationship Not Dependent Upon Marriage
Status: reserved

Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
Ala. Code § 26-17-310 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-310
Section 26-17-310 Ratification Barred
Status: in_force

A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity filed under this chapter.
Ala. Code § 26-1A-115 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-115
Section 26-1A-115 Exoneration of Agent
Status: in_force

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision:

(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or

(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Ala. Code § 26-1A-105 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-105
Section 26-1A-105 Execution of Power of Attorney
Status: in_force

A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Ala. Code § 26-23A-2 — Alabama Code / Title 26 / Chapter 23A / Section 26-23A-2
Section 26-23A-2 Legislative Findings; Purpose
Status: in_force

(a) The Legislature of the State of Alabama finds that:

(1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on her alternatives.

(2) Most abortions are performed in clinics devoted solely to providing abortions and family planning services. Most women who seek abortions at these facilities do not have any relationship with the physician who performs the abortion, before or after the procedure. Most women do not return to the facility for post-surgical care. In most instances, the woman’s only actual contact with the physician occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning her decision.

(3) The decision to abort is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences. The medical, emotional, and psychological consequences of an abortion are serious and can be lasting or life threatening.

(b) Based on the findings in subsection (a), it is the purpose of this chapter to ensure that every woman considering an abortion receives complete information on the procedure, risks, and her alternatives and to ensure that every woman who submits to an abortion procedure does so only after giving her voluntary and informed consent to the abortion procedure.
Ala. Code § 26-17-707 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-707
Section 26-17-707 Parental Status of Deceased Spouse
Status: in_force

If a spouse dies before placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a signed record, maintained by the licensed assisting physician, that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
Ala. Code § 26-18-5 — Alabama Code / Title 26 / Chapter 18 / Section 26-18-5
Section 26-18-5 Who May File Petition
Status: in_force

Amended and renumbered as Section 12-15-317 by Act 2008-277, §19, effective January 1, 2009.
Ala. Code § 26-16-112 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-112
Section 26-16-112 Definitions
Status: in_force

For purposes of this arciclet, the following words shall have the following meanings:

(1) FORENSIC PATHOLOGIST. A pathologist trained or with experience in forensic pathology, licensed to practice medicine and surgery or osteopathic medicine and surgery in the State of Alabama and board certified by the American Board of Pathology, or under the direct supervision of a physician with these qualifications.

(2) INFANT DEATH. The sudden death of an person less than one year of age whose death occurs outside the direct care of a physician in a hospital or other health care setting.

(3) SUDDEN UNEXPLAINED INFANT DEATH (SUID). The sudden death of an infant less than one year of age whose death occurs outside the direct care of a physician in a hospital or other health care setting and whose cause of death is not reasonably ascertainable after a thorough investigation and examination by the person signing the death certificate.
Ala. Code § 26-16-8 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-8
Section 26-16-8 Child Abuse and Neglect Prevention Board - Acceptance of Federal Funds; Authorized; Conditions; Disposition of Funds
Status: in_force

The state board may accept federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the Legislature to continue the purposes for which the federal funds are made available. All funds received in the manner described in this section shall be transmitted to the State Treasurer for deposit in the trust fund.
Ala. Code § 26-1B-1 — Alabama Code / Title 26 / Chapter 1B / Section 26-1B-1
Section 26-1B-1 Short Title
Status: in_force

This act shall be known and may be cited as the Colby Act.
Ala. Code § 26-23E-2 — Alabama Code / Title 26 / Chapter 23E / Section 26-23E-2
Section 26-23E-2 Legislative Findings
Status: in_force

The Legislature finds all of the following:

(1) That the percentage of abortion or reproductive health centers that have been subject to adverse licensure action vastly exceeds the percentage of facilities in any other category that have similarly been subject to adverse licensure actions. This alarming level of regulatory non-compliance among abortion and reproductive health centers in Alabama puts abortion patients at unreasonable risk.

(2) At abortion or reproductive health centers, patients are often treated in a manner inconsistent with a traditional physician/patient relationship.

(3) Abortion or reproductive health centers are not operated in the same manner as ambulatory surgical treatment centers or physician offices.

(4) Abortion involves not only a surgical procedure with the usual risks attending surgery, but also involves the taking of human life.

(5) Abortion is a highly personal and very sensitive procedure which results in stress and concern for the patient that is unique to the decision to have an abortion.

(6) Abortion is a very profitable procedure most often engaged in by stand-alone clinics without many of the safeguards found in a traditional physician/patient relationship or other medical care setting.

(7) Because abortion and reproductive health centers do not currently provide the level of personal contact found in many physician/patient relationships and in other medical care settings, it is necessary for the Legislature to mandate the personal presence and participation of the physician in the process.

(8) Moreover, because abortion or reproductive health centers have often failed to meet acceptable standards of medical care, it is necessary for Legislature to enact reasonable and medically appropriate health and safety standards for all abortion and reproductive health centers, and to provide effective enforcement mechanisms and disincentives for centers that are unable or unwilling to meet these requirements.
Ala. Code § 26-19B-3 — Alabama Code / Title 26 / Chapter 19B / Section 26-19B-3
Section 26-19B-3 Emergency Missing Child Alert - Criteria
Status: in_force

When a missing child report is given to a local law enforcement agency and every person accountable for the care of a child under 18 years of age, including, but not limited to, parents, grandparents, other relatives, teachers, or other caregivers, has been contacted and confirms that the whereabouts of the child is unknown, the local law enforcement agency shall immediately request an emergency missing child alert, if the criteria adopted by the Alabama State Law Enforcement Agency have been met.
Ala. Code § 26-17-903 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-903
Section 26-17-903 Time of Taking Effect
Status: in_force

This chapter takes effect on January 1, 2009.
Ala. Code § 26-2A-106 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-106
Section 26-2A-106 Acceptance of Appointment; Consent to Jurisdiction
Status: in_force

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be delivered or mailed to the guardian at the address listed in the court records and at the address as then known to the petitioner.
Ala. Code § 26-14-4 — Alabama Code / Title 26 / Chapter 14 / Section 26-14-4
Section 26-14-4 Permissive Reporting
Status: in_force

In addition to those persons, firms, corporations, and officials required by Section 26-14-3 to report child abuse and neglect, any person may make such a report if such person has reasonable cause to suspect that a child is being abused or neglected.
Ala. Code § 26-2-26 — Alabama Code / Title 26 / Chapter 2 / Section 26-2-26
Section 26-2-26 General Conservator for County
Status: in_force

The judge of probate may appoint a general conservator for the county who must be appointed and act as a conservator when no other fit person applies for appointment and qualifies. The term of office of such general conservator shall continue during the term of the judge by whom he or she is appointed, unless he or she is reappointed. If he or she is reappointed, his or her bond, if deemed sufficient, shall remain as a continuing security, or he or she may be required to execute a new bond.
Ala. Code § 26-8-51 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-51
Section 26-8-51 Sale of Property to Effect Removal Thereof from State - Disposition of Proceeds from Sale; Compensation of Commissioner
Status: in_force

The commissioner must, as soon as practicable after the receipt of the purchase money for the property sold by him or her, pay the same to the judge of probate or register or clerk, as the case may be, of the court ordering the sale, and such money must be retained and safely kept by such judge or register or clerk until the sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be, by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such money must be by such officer paid over to the foreign conservator entitled to receive the same, after deducting therefrom the costs and expenses attending the sale, including compensation to the commissioner in the amount of two and one-half percent upon the proceeds of such sale, but in no case more than $100.
Ala. Code § 26-13-8 — Alabama Code / Title 26 / Chapter 13 / Section 26-13-8
Section 26-13-8 Recordation of Foreign Judgments Relieving Minors of Disabilities of Nonage and Effect Thereof
Status: in_force

A copy of a judgment entered by a court of competent jurisdiction of another state of the United States, duly certified according to the acts of Congress of the United States, relieving a minor nonresident of this state of the disabilities of nonage may be recorded in the probate office of any county in this state where such minor owns property, and when so recorded the judgment shall have the same force and effect throughout this state as in the state where entered.
Ala. Code § 26-19-3 — Alabama Code / Title 26 / Chapter 19 / Section 26-19-3
Section 26-19-3 Authority to Transfer, Hire, Etc., Personnel
Status: in_force

The Secretary of the Alabama State Law Enforcement Agency is required to establish the Alabama Center for Missing and Exploited Children within the department, and for any purposes, may transfer or assign existing personnel within the department and may hire additional technical, legal, clerical, investigative, and other persons necessary to implement this chapter.
Ala. Code § 26-2A-130 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-130
Section 26-2A-130 Protective Proceedings
Status: in_force

(a) Upon petition and after notice and hearing in accordance with the provisions of this division, the court may appoint a conservator or make any other protective order for cause as provided in this section.

(b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns funds or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for health, support, education, or maintenance and that protection is necessary or desirable to obtain or provide funds.

(c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (i) the person is unable to manage property and business affairs effectively for such reasons as mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and that (ii) (aa) the person has property that will be wasted or dissipated unless property management is provided, or that (bb) funds are needed for the health, support, education, or maintenance of the person or of those entitled to the person’s support and that protection is necessary or desirable to obtain or provide the funds.
Ala. Code § 26-10E-30 — Alabama Code / Title 26 / Chapter 10E / Section 26-10E-30
Section 26-10E-30 Confidentiality of Records and Hearings; Retention of Records; Release of Information
Status: in_force

(a) The records in adoption proceedings shall be open to inspection only to each petitioner or his or her attorney, the investigator appointed under Section 26-10E-19, any guardian ad litem appointed for the adoptee under Section 26-10E-21, and any attorney retained by or appointed to represent the adoptee. These records shall be open to other persons only upon order of court for good cause shown.

(b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any individual other than the parties and their counsel, except with leave of court.

(c)a. Upon entry of the final judgment of adoption, all papers, pleadings, and other documents pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld from inspection, except as otherwise provided in this section and in Section 22-9A-12(c). No individual shall have access to such records except upon order of the court in which the final judgment of adoption was entered for good cause shown, except as provided in Section 22-9A-12(c).

b. Notwithstanding paragraph a., the adoptive parents, their attorney of record, or the adoptee upon reaching the age of majority as provided in Section 26-1-1 may petition the court for a hearing to obtain a copy of the final judgment of adoption or the interlocutory order of adoption.

(d) When the court enters a final judgment of adoption, all licensed agencies or individuals shall send a sealed information summary sheet and the non-identifying information referred to in subsection (g) in a separate summary sheet to the State Department of Human Resources. All of the following information shall be included:

(1) The birth name and adoptive name of the adoptee.

(2) The date and place of birth of the adoptee, except in the case of abandonment.

(3) The circumstances under which the adoptee came to be placed for adoption.

(4) The physical and mental condition of the adoptee, insofar as this can be determined by the aid of competent medical authority.

(5) The name and last known address, dates of birth, and Social Security numbers, if known, of the biological parents of the adoptee.

(6) The age of the biological parents at the adoptee’s birth.

(7) The nationality, ethnic background, race, and religious preference of the biological parents of the adoptee.

(8) The educational level of the biological parents of the adoptee.

(9) Any pre-adoptive brother or sister relationships of the adoptee.

(10) Whether the identity and location of the biological father of the adoptee is known or ascertainable.

(e) The State Department of Human Resources and the investigating agency’s adoption records shall be kept for a minimum term of 75 years. If a licensed child-placing agency ceases to operate in Alabama, all adoption records of the agency, including those of the adoptee, the biological family, and the adoptive family, shall be transferred to the state department.

(f) Except as otherwise provided in this section and in Section 22-9A-12(c), all files of the investigating office or agency appointed by the court under Section 26-10E-19 shall be confidential and shall be withheld from inspection except upon order of the court for good cause shown.

(g) Notwithstanding subsection (f), the State Department of Human Resources or the licensed investigating agency appointed by the court pursuant to Section 26-10E-19(f) and (i), shall furnish, upon request, to the petitioner or petitioners, the biological parents, or an adoptee 19 years of age or older, non-identifying information which shall be limited to the following:

(1) The health and medical histories of the adoptee’s biological parents.

(2) The health and medical history of the adoptee.

(3) The adoptee’s general family background, including ancestral information, without name references or geographical designations.

(4) Physical descriptions of the adoptee’s biological parents.

(5) The length of time the adoptee was in the care and custody of anyone other than the petitioner.

(6) The circumstances under which the adoptee came to be placed for adoption.

(h) Notwithstanding any other provision herein, if either the legal mother or the putative or legal father before the adoption has given written consent under oath to disclosure of identifying information that is not otherwise provided in this section and in Section 22-9A-12(c), the State Department of Human Resources or a licensed child-placing agency shall release the identifying information.

(i) If the court finds that any person has a compelling need for non-identifying information not otherwise available under subsection (g) which can only be obtained through contact with the adoptee, the adoptee’s parents, the putative father or the legal father of the adoptee before the adoption, or the adoptee’s adoptive parents, the court shall direct the agency or a mutually agreed upon intermediary to furnish the information or to establish contact with the adoptee, the adoptee’s biological parents, the putative or legal father of the adoptee before the adoption, or the adoptive parents of the adoptee in order to obtain the information needed without disclosure of identifying information to or about the applicant. The information then shall be filed with the court and released to the applicant within the discretion of the court. However, the identity and whereabouts of any individuals contacted shall remain confidential.

(j) Notwithstanding any subsection of this section to the contrary, when an adoptee reaches 19 years of age, he or she may petition the court for the disclosure of identifying information which is not otherwise provided for in this section or in Section 22-9A-12(c) if a former parent has not previously given consent under subsection (h). The court shall direct an intermediary to contact the former parents to determine if they will consent to the release of identifying information. If the former parent or parents consent to the release of identifying information the court shall so direct. If the former parent or parents are deceased, cannot be found, or do not consent to the release of identifying information, the court shall weigh the interest and rights of all the parties and determine if the identifying information should be released without the consent of the former parent.

(k) The court shall have jurisdiction to issue any orders deemed necessary to protect the confidentiality of the adoption or adoption proceedings, including, but not limited to, any protective order or injunction to prevent or limit the dissemination of any information contained in confidential or sealed records or any other information identifying the adoptee, the parties, or the witnesses in an adoption proceeding.
Ala. Code § 26-1A-212 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-212
Section 26-1A-212 Claims and Litigation
Status: in_force

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

(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;

(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;

(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;

(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;

(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;

(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;

(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;

(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and

(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Ala. Code § 26-1A-201 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-201
Section 26-1A-201 Authority That Requires Specific Grant; Grant of General Authority
Status: reserved

(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:

(1) create, amend, revoke, or terminate an inter vivos trust;

(2) [reserved];

(3) create or change rights of survivorship;

(4) create or change a beneficiary designation;

(5) delegate authority granted under the power of attorney;

(6) waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or

(7) exercise fiduciary powers that the principal has authority to delegate.

(b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise expressly provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.

(c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Sections 26-1A-204 through 26-1A-217, irrespective of whether the power of attorney references any of the transactions described in those sections.

(d) Unless the power of attorney otherwise expressly provides, a grant of authority to make a gift is subject to Section 26-1A-217.

(e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.

(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.

(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.
Ala. Code § 26-23B-7 — Alabama Code / Title 26 / Chapter 23B / Section 26-23B-7
Section 26-23B-7 Civil Remedies
Status: in_force

(a) Any woman upon whom an abortion has been performed or induced in violation of this chapter, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed or induced the abortion in intentional, knowing, or reckless violation of this chapter for actual and punitive damages. Any woman upon whom an abortion has been attempted in violation of this chapter may maintain an action against the person who attempted to perform the abortion in intentional, knowing, or reckless violation of this chapter for actual damages.

(b) A cause of action for injunctive relief against any person who has intentionally, knowingly, or recklessly violated this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this chapter, by a district attorney with appropriate jurisdiction, or by the Attorney General. The injunction shall prevent the abortion provider from performing or inducing, or attempting to perform or induce, further abortions in violation of this chapter in this state.

(c) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.

(d) If judgment is rendered in favor of the defendant and the court finds that the suit by the plaintiff was frivolous and brought in bad faith, the court shall also render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.

(e) No damages or attorney fees may be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except as provided in subsection (d).
Ala. Code § 26-10-29 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-29
Section 26-10-29 Review of Subsidy Decision; Appeal
Status: in_force

(a) Any subsidy decision by the State Department of Human Resources which the placement agency or the adoptive parents deem adverse to the child is reviewable by the State Department of Human Resources.

(b) In any case where an application under this article is denied or an adoption subsidy is reduced or terminated, the applicant or parent recipient shall have the right to appeal in writing to the department for a hearing within 30 days of receipt of notice in accordance with the Alabama Administrative Procedure Act.
Ala. Code § 26-23I-3 — Alabama Code / Title 26 / Chapter 23I / Section 26-23I-3
Section 26-23I-3 Application of Chapter
Status: in_force

Nothing in this chapter shall make legal an abortion that is not otherwise legal.
Ala. Code § 26-5-18 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-18
Section 26-5-18 Enforcement of Orders or Decrees of Probate Court Against Conservator, Etc
Status: in_force

The court of probate may, by attachment, compel a conservator to obey its orders or decrees, and all final decrees rendered against a conservator or against the personal representative of the conservator on a final settlement have the force and effect of a judgement at law, on which execution may issue against the conservator or his or her personal representative and against the sureties of the conservator, whether the principal has signed the bond or not, whether such settlement is voluntary or involuntary and whether such settlement is made by the conservator while living or by his or her personal representative after his or her death. Process of garnishment may issue from the court of probate upon such decrees in like cases and manner as it may issue on judgments in courts of record and may, in like manner, be prosecuted to judgment against the garnishee.
Ala. Code § 26-5-31 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-31
Section 26-5-31 Partial Settlement Generally - Application of Ward, Etc., for Partial Settlement; Issuance of Process to Conservator as to Hearing Thereupon; Dismissal of Application
Status: in_force

On the application of the ward by next friend or the sureties on the conservator’s bond, showing satisfactory cause, the court may issue process to the conservator, requiring him or her to appear and show cause why he or she should not make a partial settlement of his or her conservatorship, of which process there must be service 10 days before the day appointed for the appearance of the conservator. If, on the hearing, it should appear that there is no satisfactory cause for ordering such settlement, the application must be dismissed at the costs of the next friend or the sureties on the conservator’s bond, as the case may be.
Ala. Code § 26-2B-402 — Alabama Code / Title 26 / Chapter 2B / Section 26-2B-402
Section 26-2B-402 Recording of Protective Orders
Status: in_force

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to record, may record the protective order in this state by recording as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
Ala. Code § 26-10-21 — Alabama Code / Title 26 / Chapter 10 / Section 26-10-21
Section 26-10-21 Purpose of Article
Status: in_force

The purpose of this article is to supplement the Alabama adoption statutes by making possible through public financial subsidy the most appropriate adoption of each child certified by the State Department of Human Resources as requiring a subsidy to assure adoption.
Ala. Code § 26-23C-3 — Alabama Code / Title 26 / Chapter 23C / Section 26-23C-3
Section 26-23C-3 Opt Out of Abortion Coverage
Status: in_force

(a) No abortion coverage may be provided by a qualified health plan offered through an exchange created pursuant to P.L. 111-148 within the State of Alabama.

(b) This prohibition shall not apply to an abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when the pregnancy is the result of an act of rape or incest or any procedure to terminate an ectopic pregnancy.
Ala. Code § 26-9-6 — Alabama Code / Title 26 / Chapter 9 / Section 26-9-6
Section 26-9-6 Procedure for Appointment of Guardian - Certification as to Age, Etc., of Minor Ward
Status: in_force

Where a petition is filed for the appointment of a guardian of a minor ward, a certificate of the administrator or his representative setting forth the age of such minor as shown by the records of the administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the administration shall be prima facie evidence of the necessity for such appointment.
Ala. Code § 26-5-3 — Alabama Code / Title 26 / Chapter 5 / Section 26-5-3
Section 26-5-3 Partial Settlement - Establishment of Day for Settlement; Notice Thereof
Status: in_force

The court must also appoint a day for the settlement, of which notice must be given, as the court may direct, either by advertisement for three successive weeks in a newspaper published in the county or for the same length of time by posting notice at the courthouse door and at three other public places in the county.
Ala. Code § 26-23H-8 — Alabama Code / Title 26 / Chapter 23H / Section 26-23H-8
Section 26-23H-8 Construction with Other Laws
Status: reserved

The construction of existing statutes and regulations that regulate or recognize abortion in Alabama that are in conflict with or antagonistic to this chapter shall be repealed as null and void and shall recognize the prohibition of abortion as provided in this chapter. If this chapter is challenged and enjoined pending a final judicial decision, the existing statutes and regulations that regulate or recognize abortion shall remain in effect during that time.
Ala. Code § 26-23F-2 — Alabama Code / Title 26 / Chapter 23F / Section 26-23F-2
Section 26-23F-2 Legislative Findings; Purpose
Status: in_force

(a) The Legislature of the State of Alabama finds and declares that:

(1) Deceased unborn infants deserve the same respect and dignity as other human beings.

(2) The laws of this state do not ensure that deceased unborn infants receive proper burials or final disposition.

(3) Alabama does not specifically prohibit the sale or transfer of bodily remains of deceased unborn infants for compensation.

(4) The dignity and value of life, especially the lives of children, born or unborn, has been and continues to be a public policy and often sacred concern of the highest order for the people of this state.

(b) Based on the findings in subsection (a), the purposes of this chapter are to:

(1) Allow parents of deceased unborn infants to provide a dignified final disposition of the bodily remains of these infants.

(2) Prohibit the sale or other unlawful disposition of the bodily remains of a deceased unborn infant, or the exchange of any compensation or payment for the transfer or distribution of the bodily remains of a deceased unborn infant.
Ala. Code § 26-17-312 — Alabama Code / Title 26 / Chapter 17 / Section 26-17-312
Section 26-17-312 Forms for Acknowledgment
Status: in_force

(a) To facilitate compliance with this article, the Alabama Department of Human Resources shall prescribe forms for the acknowledgment of paternity. The affidavit shall include the Social Security number and current address of each parent, a listing of the rights and responsibilities of acknowledging paternity, including the duty to financially support the child, and instruction for filing the affidavit with the Office of Vital Statistics.

(b) A valid acknowledgment of paternity is not affected by a later modification of the prescribed form.
Ala. Code § 26-10F-10 — Alabama Code / Title 26 / Chapter 10F / Section 26-10F-10
Section 26-10F-10 Acknowledgement of Consent; Withholding of Consent by Guardian Ad Litem
Status: in_force

(a) All consents shall be acknowledged in open court, unless waived by the court for good cause shown.

(b) If a guardian ad litem has been appointed for the adult sought to be adopted, the following procedures apply:

(1) The guardian ad litem shall file with the court a written report stating the basis for the decision to give or withhold consent.

(2) The court shall hold a hearing to allow all parties to present evidence as to whether it would be in the best interest of the adult person to be adopted by the petitioner or petitioners.

(c) If the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interest of the incapacitated person, the court may proceed to make any other orders it deems necessary for the adult person’s welfare, including granting the petition for adoption.
Ala. Code § 26-1A-108 — Alabama Code / Title 26 / Chapter 1A / Section 26-1A-108
Section 26-1A-108 Nomination of Conservator or Guardian; Relation of Agent to Court-Appointed Fiduciary
Status: in_force

(a) In a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court, if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.

(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. In such event, the fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.
Ala. Code § 26-8-41 — Alabama Code / Title 26 / Chapter 8 / Section 26-8-41
Section 26-8-41 Removal of Property of Minor or Ward Whose Parent, Etc., Resides Without State or Removes Minor or Ward from State - Application, Etc., for Order of Removal
Status: in_force

The application for the order of removal must be made in writing, signed by the parent, guardian, or other person having legal custody of the minor or ward, verified by affidavit and accompanied by a transcript, duly certified, of the appointment of a conservator for such minor or ward by a court of competent jurisdiction in the state of the residence of the parent, guardian, or other person having legal custody of the minor and of the bond of such conservator with sureties approved by such court; provided, that if the conservator so appointed is a corporate fiduciary which, under the laws of the state wherein appointed, is not required to make bond, a certificate from the appointing authority stating this may be filed in lieu of a copy of the conservator’s bond.
Ala. Code § 26-16-92 — Alabama Code / Title 26 / Chapter 16 / Section 26-16-92
Section 26-16-92 State Policy
Status: in_force

It is the policy of this state that responding to unexpected/unexplained child deaths is a state and a community responsibility and must include an accurate and complete determination of the cause of death.
Ala. Code § 26-20-5 — Alabama Code / Title 26 / Chapter 20 / Section 26-20-5
Section 26-20-5 “Sex Crime” Defined
Status: reserved

Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
Ala. Code § 26-2A-1 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-1
Section 26-2A-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Guardianship and Protective Proceedings Act.
Ala. Code § 26-2A-3 — Alabama Code / Title 26 / Chapter 2A / Section 26-2A-3
Section 26-2A-3 Supplementary General Principles of Law Applicable
Status: in_force

Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.