reglab/housing_qa huggingface dataset:
AL Code § 26-9-17 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents.|Section 26-9-17 - Compensation of Guardian Generally.

Section 26-9-17Compensation of guardian generally. Compensation payable to a guardian shall not exceed five percent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the administration in the manner provided in Section 26-9-14. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his or her ward reasonable premiums paid by him or her to any corporate surety upon his or her bond. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §171.)
AL Code § 26-9-18 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents.|Section 26-9-18 - Taxing of Costs and Fees of Guardian.

Section 26-9-18Taxing of costs and fees of guardian. The costs and fees, exclusive of fees of the guardian ad litem incident to any partial or final settlement by any guardian subject to the provisions of this chapter, shall be taxed in the amounts provided by the general statutes for like services, but there shall not be taxed or charged against the estate of the ward, on any partial settlement, any amount in excess of one half of one percent of the amount of money with which the guardian is chargeable on the settlement as having received since the last preceding settlement and with which the guardian has not previously been charged; provided, that the limitations contained in this section as to costs and fees shall not affect the commissions and fees otherwise payable to the general guardian and to guardians ad litem. (Acts 1936-37, Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §169.)
AL Code § 26-9-19 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 9 - Guardianship and Commitment of Incompetent Veterans and Dependents.|Section 26-9-19 - Construction and Applicability of Chapter.

Section 26-9-19Construction and applicability of chapter. (a) This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the administration. (b) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it. (Acts 1931, No. 240, p. 280.)
AL Code § 26-10A-1 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-1 - Short Title.

Section 26-10A-1Short title. This chapter shall be known as and may be cited as the Alabama Adoption Code. (Acts 1990, No. 90-554, p. 912, §1.)
AL Code § 26-10A-2 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-2 - Definitions.

Section 26-10A-2Definitions. The following words and phrases shall have the following meaning whenever used in this chapter except where the context clearly indicates a different meaning: (1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a minor by parent, or a withholding from the minor, without good cause or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or the opportunity for the display of filial affection, or the failure to claim the rights of a parent, or the failure to perform the duties of a parent. (2) ADOPTEE. The person being adopted. (3) ADULT. A person who is 19 years of age or older or who by statute is otherwise deemed an adult. (4) CONSENT. Voluntarily agreeing to adoption. (5) FATHER. A male person who is the biological father of the minor or is treated by law as the father. (6) LICENSED CHILD PLACING AGENCY. Any adoption agency that is licensed under the provisions of the Alabama Child Care Act of 1971 or any adoption agency approved by the Department of Human Resources. (7) MINOR. A person under the age of 19 or a person who is not an adult under the law in the jurisdiction where he or she resides. The term includes a minor parent only. (8) MOTHER. A female person who is the biological mother of the minor or is treated by law as the mother. (9) PARENT. Natural or legal father or mother. (10) PARTIES IN INTEREST. The adoptive parents and the natural parents unless the rights of the natural parents have been terminated or relinquished for purposes of adoption then the agency that has custody becomes a party in interest. This phrase does not include the adoptee. (11) PRESUMED FATHER. Any male person as defined in the Alabama Uniform Parentage Act. (12) PUTATIVE FATHER. The alleged or reputed father. (13) RELINQUISHMENT. Giving up the physical custody of a minor for purpose of placement for adoption to a licensed child placing agency or the Department of Human Resources. (14) SPECIAL NEEDS CHILD. A child as defined by the federal Adoption Assistance and Child Welfare Act of 1980. (Acts 1990, No. 90-554, p. 912, §2; Act 99-435, p. 857, §1.)
AL Code § 26-10A-3 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-3 - Jurisdiction.

Section 26-10A-3Jurisdiction. The probate court shall have original jurisdiction over proceedings brought under the chapter. If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited purpose of termination of parental rights. The provisions of this chapter shall be applicable to proceedings in the court having jurisdiction over juvenile matters. (Acts 1990, No. 90-554, p. 912, §3.)
AL Code § 26-10A-4 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-4 - Venue.

Section 26-10A-4Venue. All petitions may be filed in the probate court in the county in which: (1) The minor or adult resides or has a legal residence; (2) A petitioner resides, or is in military service; or (3) An office of any agency or institution operating under the laws of this state having guardianship or custody of a minor or an adult is located. (Acts 1990, No. 90-554, p. 912, §4, Act 98-101, p. 118, §1.)
AL Code § 26-10A-5 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-5 - Who May Adopt.

Section 26-10A-5Who may adopt. (a) Any adult person or husband and wife jointly who are adults may petition the court to adopt a minor. (1) No rule or regulation of the Department of Human Resources shall prevent an adoption by a person solely because the person is employed outside the home, provided however, the Department of Human Resources may exercise sound discretion in requiring the person to remain in the home with a minor for a reasonable period of time when a particular minor requires the presence of that person to ensure his or her adjustment. Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar days. (2) No rule or regulation of the Department of Human Resources or any agency shall prevent an adoption by a single person solely because such person is single or shall prevent an adoption solely because such person is of a certain age.  (3) Provided however, in cases, where one who purports to be the biological father marries the biological mother, on petition of the parties, the court shall order paternity tests to determine the true biological father. If the court determines by substantial evidence that the biological father is the man married to the biological mother, then the biological father shall be allowed to adopt the child without the consent of the man who was married to the biological mother at the time of the conception or birth of the child, or both, when the court finds the adoption to be in the best interest of the child.  (b) Any adult may petition the court to adopt another adult as provided in this chapter. (Acts 1990, No. 90-554, p. 912, §5, Act 98-101, p. 118, §1.)
AL Code § 26-10A-6 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-6 - Who May Be Adopted.

Section 26-10A-6Who may be adopted. The following persons may be adopted: (1) A minor. (2) An adult under any one of the following conditions: a. He or she is an individual with a total and permanent disability. b. He or she is determined to be a person with an intellectual disability. c. He or she consents in writing to be adopted and is related in any degree of kinship, as defined by the intestacy laws of Alabama, or is a stepchild by marriage. d. He or she consents in writing to be adopted by an adult man and woman who are husband and wife. (Acts 1990, No. 90-554, p. 912, §6, Act 98-101, p. 118, §1; Act 2004-528, p. 1105, §1.)
AL Code § 26-10A-7 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-7 - Persons Whose Consents or Relinquishment Are Required.

Section 26-10A-7Persons whose consents or relinquishment are required. (a) Consent to the petitioner's adoption or relinquishment for adoption to the Department of Human Resources or a licensed child placing agency shall be required of the following: (1) The adoptee, if 14 years of age or older, except where the court finds that the adoptee does not have the mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father, regardless of paternity, if: a. He and the adoptee's mother are or have been married to each other and the adoptee was born during the marriage, or within 300 days after the marriage was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and, 1. If the attempted marriage could be declared invalid only by a court, the adoptee was born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce; or 2. If the attempted marriage is invalid without a court order, the adoptee was born within 300 days after the termination of cohabitation; or c. After the adoptee's birth, he and the adoptee's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and 1. With his knowledge or consent, he was named as the adoptee's father on the adoptee's birth certificate; or 2. He is obligated to support the adoptee pursuant to a written voluntary promise or agreement or by court order; or d. He received the adoptee into his home and openly held out the adoptee as his own child; (4) The agency to which the adoptee has been relinquished or which holds permanent custody and which has placed the adoptee for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interests of the adoptee and there is a finding that the agency has unreasonably withheld its consent; and (5) The putative father if made known by the mother or is otherwise made known to the court provided he complies with Section 26-10C-1 and he responds within 30 days to the notice he receives under Section 26-10A-17(a)(10).  (b) A petition to adopt an adult may be granted only if written consent to adopt has been executed by the adult seeking to adopt and his or her spouse or by the guardian or conservator of the adult sought to be adopted pursuant to the requirements of Sections 26-10A-6 and 26-10A-11. (Acts 1990, No. 90-554, p. 912, §7; Act 98-101, p. 118, §1; Act 2002-417, p. 1061, §1.)
AL Code § 26-10A-8 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-8 - Consent or Relinquishment by a Minor Parent.

Section 26-10A-8Consent or relinquishment by a minor parent. (a) Prior to a minor parent giving consent a guardian ad litem must be appointed to represent the interests of a minor parent whose consent is required. Any minor, 14 years of age and beyond, can nominate a guardian ad litem either prior to the birth of the baby or thereafter. (b) A consent or relinquishment executed by a parent who is a minor shall not be subject to revocation by reason of such minority. (c) A minor father may give his implied consent by his actions. If a court finds by conclusive evidence that a minor father has given implied consent to the adoption, notice and the appointment of a guardian ad litem shall not be necessary. (Acts 1990, No. 90-554, p. 912, §8; Act 99-435, p. 857, §1.)
AL Code § 26-10A-9 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-9 - Implied Consent or Relinquishment.

Section 26-10A-9Implied consent or relinquishment. (a) A consent or relinquishment required by Section 26-10A-7 may be implied by any of the following acts of a parent: (1) Abandonment of the adoptee. Abandonment includes, but is not limited to, the failure of the father, with reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period of six months prior to the birth. (2) Leaving the adoptee without provision for his or her identification for a period of 30 days. (3) Knowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship with the adoptee for a period of six months. (4) Receiving notification of the pendency of the adoption proceedings under Section 26-10A-17 and failing to answer or otherwise respond to the petition within 30 days. (5) Failing to comply with Section 26-10C-1. (b) Implied consent under subsection (a) may not be withdrawn by any person. (Acts 1990, No. 90-554, p. 912, §9; Act 99-435, p. 857, §1; Act 2002-417, p. 1061, §1.)
AL Code § 26-10A-10 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-10 - Persons Whose Consents or Relinquishments Are Not Required.

Section 26-10A-10Persons whose consents or relinquishments are not required. Notwithstanding the provisions of Section 26-10A-7, the consent or relinquishment of the following persons shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee have been terminated by operation of law in accordance with the Alabama Child Protection Act, Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and whose mental disability is likely to continue for so long a period that it would be detrimental to the adoptee to delay adoption until restoration of the parent's competency or capacity. The court must appoint independent counsel or a guardian ad litem for an incompetent parent for whom there has been no such prior appointment; (3) A parent who has relinquished his or her minor child to the Department of Human Resources or a licensed child placing agency for an adoption; (4) A deceased parent or one who is presumed to be deceased under Alabama law; (5) An alleged father who has signed a written statement denying paternity; or (6) The natural father where the natural mother indicates the natural father is unknown, unless the natural father is otherwise made known to the court. (Acts 1990, No. 90-554, p. 912, §10.)
AL Code § 26-10A-13 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-13 - Time of Consent or Relinquishment; Filing With Court.

Section 26-10A-13Time of consent or relinquishment; filing with court. (a) A consent or relinquishment may be taken at any time, except that once signed or confirmed, may be withdrawn within five days after birth or within five days after signing of the consent or relinquishment, whichever comes last. (b) Consent or relinquishment can be withdrawn if the court finds that the withdrawal is reasonable under the circumstances and consistent with the best interest of the child within 14 days after the birth of the child or within 14 days after signing of the consent or relinquishment, whichever comes last. (c) All consents or relinquishments required by this act shall be filed with the court in which the petition for adoption is pending before the final decree of adoption is entered. (Acts 1990, No. 90-554, p. 912, §13.)
AL Code § 26-10A-14 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-14 - Withdrawal of Consent or Relinquishment.

Section 26-10A-14Withdrawal of consent or relinquishment. (a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except: (1) As provided in Section 26-10A-13; or (2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of a petitioner or his or her agent or the agency to whom or for whose benefit it was given. After one year from the date of final decree of adoption is entered, a consent or relinquishment may not be challenged on any ground, except in cases where the adoptee has been kidnapped. (3) Upon dismissal of the adoption after a contested hearing as provided in Section 26-10A-24. (b) The withdrawal of consent or relinquishment as provided in Section 26-10A-13(a) shall be effected by the affiant signing and dating the withdrawal form provided pursuant to Section 26-10A-12(c) or other written withdrawal of consent containing the information set forth in Section 26-10A-12(c), and by delivering the withdrawal to the court or having the withdrawal postmarked within five days of the child's birth or of signing the consent or relinquishment, whichever comes last. (c) The petition to withdraw consent or relinquishment must be in writing, signed by the person seeking to withdraw the consent or relinquishment, dated, and signed by two witnesses. (d) In adjudicating a petition to withdraw a consent or relinquishment, the person seeking to withdraw the consent or relinquishment shall establish the facts necessary to withdraw the consent or relinquishment by a preponderance of the evidence. The court shall not apply any presumption or preference in favor of the natural parents in reviewing an action brought under this section. (e) If the court directs that the consent or relinquishment be withdrawn, the court shall order the minor restored to the custody of his or her parent or parents, the Department of Human Resources or a licensed child placing agency; otherwise, the court shall deny the withdrawal and declare that the consent or relinquishment is final and binding. Any order made by the court upon a petition to withdraw consent or relinquishment under this section shall be deemed a final order for the purpose of filing an appeal under Section 26-10A-26. (Acts 1990, No. 90-554, p. 912, §14; Act 2002-417, p. 1061, §1.)
AL Code § 26-10A-15 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-15 - Surrender of Custody of Minor Under Age of Majority.

Section 26-10A-15Surrender of custody of minor under age of majority. (a) No health facility shall surrender the physical custody of an adoptee to any person other than the Department of Human Resources, a licensed child placing agency, parent, relative by blood or marriage, or person having legal custody, unless such surrender is authorized in a writing executed after the birth of the adoptee by one of the adoptee's parents or agency or the person having legal custody of the adoptee. (b) A health facility shall report to the Department of Human Resources on forms supplied by the department, the name and address of any person and, in the case of a person acting as an agent for an organization, the name and address of the organization to whose physical custody an adoptee is surrendered. Such report shall be transmitted to the department within 48 hours from the surrendering of custody. (c) No adoptee shall be placed with the petitioners prior to the completion of a pre-placement investigation except for good cause shown and with written notice immediately given to the court, and to the county department of human resources. (Acts 1990, No. 90-554, p. 912, §15.)
AL Code § 26-10A-16 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-16 - Petition.

Section 26-10A-16Petition. (a) A petition for adoption shall be filed with the clerk of the court within 30 days after the minor is placed with the prospective adoptive parent or parents for purposes of adoption unless the minor is in custody of the Department of Human Resources or a licensed child placing agency except that a petition for good cause shown may be filed beyond the 30-day period. The petition shall be signed, and verified by each petitioner, and shall allege: (1) The full name, age, and place of residence of each petitioner and, if married, the place and date of marriage; (2) The date and place of birth of the adoptee, except in the case of abandonment; (3) The birth name of the adoptee, any other names by which the adoptee has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing at the time of the filing of the petition, and if the minor is not in the custody of a petitioner, when he, she, or they intend to acquire custody; (5) That each petitioner desires to establish a parent and child relationship between himself or herself and the adoptee and that he or she is a fit and proper person able to care for and provide for the adoptee's welfare; (6) The existence and nature of any prior court orders known to the petitioner which affect the custody, visitation, or access to the adoptee; (7) The relationship, if any, of each petitioner to the adoptee; (8) The name and address of the placing agency, if any; and (9) The names and addresses of all persons known to the petitioner at the time of filing from whom consents or relinquishment to the adoption are required; (b) The caption of a petition for adoption shall be styled "In the Matter of the Adoption Petition of _____." Each petitioner shall be designated in the caption. (c) The petition shall be accompanied by a copy of the child's birth certificate or affidavit stating that application for a birth certificate has been made except in cases where the child has been abandoned. (Acts 1990, No. 90-554, p. 912, §16.)
AL Code § 26-10A-18 (2021)
2021 Code of Alabama|Title 26 - Infants and Incompetents.|Chapter 10A - Alabama Adoption Code.|Section 26-10A-18 - Custody Pending Final Decree.

Section 26-10A-18Custody pending final decree. Once a petitioner has received the adoptee into his or her home for the purposes of adoption and a petition for adoption has been filed, an interlocutory decree shall be entered delegating to the petitioner (1) custody, except custody shall be retained by the Department of Human Resources or the licensed child placing agency which held custody at the time of the placement until the entry of the final decree and (2) the responsibility for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court. This interlocutory decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990, No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)