reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-29 - Name and Status of Adoptee.

Section 26-10A-29
Name and status of adoptee.
(a) The adoptee shall take the name designated by the petitioner. After adoption, the adoptee shall be treated as the natural child of the adopting parent or parents and shall have all rights and be subject to all of the duties arising from that relation, including the right of inheritance.
(b) Upon the final decree of adoption, the natural parents of the adoptee, except for a natural parent who is the spouse of the adopting parent are relieved of all parental responsibility for the adoptee and will have no parental rights over the adoptee.
(Acts 1990, No. 90-554, p. 912, §29.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-30 - Grandparent Visitation.

Section 26-10A-30
Grandparent visitation.
Post-adoption visitation rights for the natural grandparents of the adoptee may be granted when the adoptee is adopted by a stepparent, a grandfather, a grandmother, a brother, a half-brother, a sister, a half-sister, an aunt or an uncle and their respective spouses, if any. Such visitation rights may be maintained or granted at the discretion of the court at any time prior to or after the final order of adoption is entered upon petition by the natural grandparents, if it is in the best interest of the child.
(Acts 1990, No. 90-554, p. 912, §29.1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-32 - Birth Certificates.

Section 26-10A-32
Birth certificates.
(a) Within 10 days of the final decree being entered the judge or the clerk of the court shall send a copy of the final order to the Department of Human Resources and shall send a certificate of the final order of adoption to the State Registrar of Vital Statistics of the State Board of Health upon the form supplied by the state registrar for that purpose.
(b) Upon receipt of copy of any final order of adoption the State Registrar of Vital Statistics shall cause to be made a new record of the birth in the new name and with the name or names of the adopting parent or parents as contained in the final decree. The state registrar shall then cause to be sealed and filed the original certificate of birth with the decree of the court.
(c) Except as otherwise provided by subsection (c) of Section 22-9A-12, after the new birth certificate has been issued, the original birth certificate and the evidence of adoption are not subject to inspection except upon order of the court for good cause shown.
(Acts 1990, No. 90-554, p. 912, §31; Act 2000-794, p. 1869, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-33 - Crime to Place Children for Adoption.

Section 26-10A-33
Crime to place children for adoption.
Only a parent, a parent of a deceased parent, or a relative of the degree of relationship specified in Section 26-10A-28, the Department of Human Resources or a licensed child placing agency, or an agency approved by the Department of Human Resources may place a minor for adoption. No person or entity other than the Department of Human Resources or a licensed child placing agency shall engage in the business of placing minors for adoption. Any person or entity making more than two unrelated placements of minors for adoption within the preceding twelve-month period shall be deemed to be in the business of placing minors for adoption. Any other person who places a minor for adoption is guilty, upon the first conviction, of a Class A misdemeanor and upon subsequent convictions is guilty of a Class C felony. This section does not intend to make it unlawful for any person not engaged in the business of placing minors for adoption to give advice and assistance to a natural parent in an adoption. In making adoption arrangements, potential adopting parents and birth parents are entitled to the advice and assistance of legal counsel. Surrogate motherhood is not intended to be covered by this section.
(Acts 1990, No. 90-554, p. 912, §32.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-34 - Payments to Parent for Placing Minor for Adoption; Maternity Expenses; Receipt of Financial Benefits by Father.

Section 26-10A-34
Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father.
(a) It shall be a Class A misdemeanor for any person 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. It shall be a Class C felony for any person 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. This section does not make it unlawful to pay the maternity-connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy-related incapacity as an act of charity, as long as the payment is not contingent upon placement of the minor for adoption, consent to the adoption, or cooperation in the completion of the adoption.
(b) It shall be a Class C felony for any person or agency to receive any money or other thing of value for placing, assisting, or arranging a minor placement. 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.
(Acts 1990, No. 90-554, p. 912, §33.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-35 - Bringing Child Into State for Adoption Purposes.

Section 26-10A-35
Bringing child into state for adoption purposes.
Children may be brought into Alabama for purposes of adoption as provided in Section 38-7-15 except that investigations shall be made as provided in Section 26-10A-19(c).
(Acts 1990, No. 90-554, p. 912, §34.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-36 - Advertisement as to Adoption by Persons, Organizations, etc., Not Licensed by Department of Human Resources.

Section 26-10A-36
Advertisement as to adoption by persons, organizations, etc., not licensed by Department of Human Resources.
It shall be unlawful for any person or persons, organizations, corporation, partnership, hospital, association, or any agency to advertise verbally, through print, electronic media, or otherwise that they will:
(1) Adopt children or assist in the adoption of children in violation of this chapter;
(2) Place or assist in the placement of children in foster homes, group homes, or institutions in violation of this chapter; or
(3) Pay or offer money or anything of value to the parents of a child in violation of Section 26-10A-34.
Any violation of this section shall be punished as a Class A misdemeanor.
(Acts 1990, No. 90-554, p. 912, §35.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-37 - Rules of Procedure and Rules of Evidence.

Section 26-10A-37
Rules of procedure and rules of evidence.
The Rules of Civil Procedure and the Rules of Evidence apply to the probate court in adoption proceedings to the extent they apply under Section 12-13-12.
(Acts 1990, No. 90-554, p, 912, §37.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-38 - Application to Existing Adoptions.

Section 26-10A-38
Application to existing adoptions.
Final orders of adoptions entered prior to January 1, 1991, remain in effect on January 1, 1991, even though the statute under which the adoption was made may be repealed or modified by this chapter. Those adoptions continue in effect as they existed prior to this chapter except that proceedings after final orders of adoption previously entered will be governed under this chapter.
(Acts 1990, No. 90-554, p. 912, §39.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-1 - Legislative Findings.

Section 26-10B-1
Legislative findings.
The Legislature finds that:
(1) Finding adoptive families for children, for whom adoption assistance is desirable, and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to other states or are residents of another state; and
(2) The provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.
(Acts 1991, No. 91-662, p. 1267, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-2 - Purpose.

Section 26-10B-2
Purpose.
The purpose of this chapter is to authorize the State Department of Human Resources to enter into interstate agreements with agencies of other states for the protection of children for whom adoption assistance is being provided by the State Department of Human Resources, and to provide procedures for interstate adoption assistance payments for children, including medical payments.
(Acts 1991, No. 91-662, p. 1267, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-3 - Definitions.

Section 26-10B-3
Definitions.
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.
(Acts 1991, No. 91-662, p. 1267, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-4 - Department of Human Resources Authorized to Enter Into Interstate Compacts.

Section 26-10B-4
Department of Human Resources authorized to enter into interstate compacts.
The State Department of Human Resources, by and through its commissioner, is authorized to develop, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.
(Acts 1991, No. 91-662, p. 1267, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-5 - Provisions Required to Be Included in Compact.

Section 26-10B-5
Provisions required to be included in compact.
A compact entered into pursuant to the authority conferred by this chapter shall include:
(1) A provision making the compact available for joinder by all states;
(2) A provision or provisions allowing withdrawal from the compact upon written notice to the parties, but requiring a period of one year between the date of the notice and the effective date of the withdrawal;
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance;
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
(Acts 1991, No. 91-662, p. 1267, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-6 - Provisions Which May Be Included in Compact.

Section 26-10B-6
Provisions which may be included in compact.
A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 26-10B-5, as follows:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for providing the services or the funds to defray part or all of the costs thereof; and
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
(Acts 1991, No. 91-662, p. 1267, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-7 - Medical Assistance; Applicability.

Section 26-10B-7
Medical assistance; applicability.
(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.
(Acts 1991, No. 91-662, p. 1267, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-8 - Department to Provide Coverage and Benefits Not Provided by Residence State; Procedure for Reimbursement.

Section 26-10B-8
Department to provide coverage and benefits not provided by residence state; procedure for reimbursement.
The State Department of Human Resources shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the State Department of Human Resources for coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child must obtain prior approval from the State Department of Human Resources and may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The State Department of Human Resources shall make regulations implementing this section. Among other things, such regulations shall include procedures to be followed in obtaining prior approvals for service in those instances where required for the assistance.
(Acts 1991, No. 91-662, p. 1267, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-9 - Penalty for False, Misleading, or Fraudulent Claim or Statement.

Section 26-10B-9
Penalty for false, misleading, or fraudulent claim or statement.
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.
(Acts 1991, No. 91-662, p. 1267, §9.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10B - Interstate Adoption Assistance Compacts. › Section 26-10B-10 - Provision Required to Be Included in State Plan Made Pursuant to Federal Laws.

Section 26-10B-10
Provision required to be included in state plan made pursuant to federal laws.
Consistent with federal law, the State Department of Human Resources and the Alabama Medicaid Agency, in connection with the administration of this chapter and any compact pursuant hereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Title IV-E, 42 U.S.C. §§670-676 and XIX of the Social Security Act, 42 U.S.C. §1396 and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The aforementioned department(s) shall apply for and administer all relevant federal aid in accordance with law.
(Acts 1991, No. 91-662, p. 1267, §10.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10C - Putative Father Registry. › Section 26-10C-2 - Effect of Chapter on Preexisting Rights, Obligations, Etc.

Section 26-10C-2
Effect of chapter on preexisting rights, obligations, etc.
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.
(Acts 1996, No. 96-537, p. 751, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10D - Alabama Child Placing Agency Inclusion Act › Section 26-10D-3 - Definitions.

Section 26-10D-3
Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
(1) ADVERSE ACTION. With respect to a child placing agency, any action that materially alters the license under a state program, including any of the following:
a. Taking an enforcement action against the entity.
b. Refusing to issue a license.
c. Refusing to renew a license.
d. Revoking a license.
e. Suspending a license
(2) CHILD PLACING AGENCY. A private child-care facility which receives no federal or state funds and which receives, places, or arranges for the placement of any child or children in adoptive or foster family homes apart from the custody of the child's or children's parents, in accordance with the Alabama Child Care Act of 1971, Chapter 7, Title 38.
(3) CHILD PLACEMENT SERVICE. The placement of any child or children for adoption in an adoptive home or in a foster home, apart from the custody of the child's or children's parents.
(Act 2017-213, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10D - Alabama Child Placing Agency Inclusion Act › Section 26-10D-4 - Purposes.

Section 26-10D-4
Purposes.
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.
(Act 2017-213, §4.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10D - Alabama Child Placing Agency Inclusion Act › Section 26-10D-5 - State Prohibited From Discriminating Against Child Care Service Providers Under Certain Conditions.

Section 26-10D-5
State prohibited from discriminating against child care service providers under certain conditions.
(a) The state may not refuse to license or otherwise discriminate or take an adverse action against any child placing agency that is licensed by or required to be licensed by the state for child placing services on the basis that the child placing agency declines to make, provide, facilitate, or refer for a placement in a manner that conflicts with, or under circumstances that conflict with, the sincerely held religious beliefs of the child placing agency provided the agency is otherwise in compliance with the requirements of the Alabama Child Care Act of 1971, Chapter 7, Title 38, and the Minimum Standards for Child Placing Agencies.
(b) If a child placing agency under subsection (a) declines to make, provide, facilitate, or refer for a child placement, the decision of the child placing agency may not limit the ability of another child placing agency to make, provide, facilitate, or refer for the placement.
(Act 2017-213, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10D - Alabama Child Placing Agency Inclusion Act › Section 26-10D-6 - Minimum Standards for Child Placing Agencies Required.

Section 26-10D-6
Minimum Standards for Child Placing Agencies required.
Child placing agencies shall otherwise meet the Minimum Standards for Child Placing Agencies required for child placement, pursuant to the Alabama Child Care Act of 1971, Chapter 7, Title 38.
(Act 2017-213, §6.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10D - Alabama Child Placing Agency Inclusion Act › Section 26-10D-7 - Remedies.

Section 26-10D-7
Remedies.
A child placing agency injured by a violation of subsection (a) of Section 26-10D-5 may obtain all appropriate relief provided by the Alabama Administrative Procedure Act. In addition to the remedies provided therein, an aggrieved agency shall be entitled to all rights, remedies, and defenses available to it under the First Amendment Free Exercise of Religion Clause of the United States Constitution and The Alabama Religious Freedom Amendment, Amendment 622 to the Constitution of Alabama of 1901, now appearing as Section 3.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
(Act 2017-213, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 11 - Legitimation of Children. › Section 26-11-1 - Legitimation by Marriage of Parents and Recognition of Child by Father.

Section 26-11-1
Legitimation by marriage of parents and recognition of child by father.
The marriage of the mother and reputed father of a bastard child renders it legitimate if the child is recognized by the father as his child.
(Code 1852, §2008; Code 1867, §2404; Code 1876, §2742; Code 1886, §2364; Code 1896, §364; Code 1907, §5199; Code 1923, §9299; Code 1940, T. 27, §10.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 11 - Legitimation of Children. › 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.

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.
(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.
(Code 1852, §2009; Code 1867, §2405; Code 1876, §2743; Code 1886, §2365; Code 1896, §365; Code 1907, §5200; Code 1923, §9300; Code 1940, T. 27, §11; Acts 1959, No. 640, p. 1555; Acts 1961, No. 802, p. 1165; Acts 1961, Ex. Sess., No. 175, p. 2136; Acts 1981, No. 81-800, p. 1407, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 11 - Legitimation of Children. › 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.

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.
(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.
(Code 1852, §2010; Code 1867, §2406; Code 1876, §2744; Code 1886, §2366; Code 1896, §366; Code 1907, §5201; Code 1923, §9301; Code 1940, T. 27, §12; Acts 1981, No. 81-800, p. 1407, §2.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-1 - When Authorized; Procedure Generally.

Section 26-13-1
When authorized; procedure generally.
The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:
(1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor.
(2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.
(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.
(Code 1876, §2735; Code 1886, §2357; Code 1896, §829; Code 1907, §4505; Acts 1923, No. 562, p. 735; Code 1923, §8280; Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, §13.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-2 - Filing of Petition.

Section 26-13-2
Filing of petition.
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.
(Code 1876, §2736; Code 1886, §2358; Code 1896, §830; Code 1907, §4506; Code 1923, §8281; Acts 1936, Ex. Sess., No. 189, p. 222; Code 1940, T. 27, §14.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-3 - Notice of Filing of Petition.

Section 26-13-3
Notice of filing of petition.
Whenever the petition is filed by the minor and the guardian it shall be the duty of the clerk to give notice of the filing of such petition in some newspaper published in the county or, if no newspaper is published in such county, then in such manner as may be prescribed by the judge. Such notice shall be given once a week for three successive weeks before the time of hearing such petition. Whenever the petition is filed under subdivision (1) of Section 26-13-1, a copy of the petition must be served on the minor by the sheriff if the minor resides in this state or, if a nonresident or absent from the state, by registered or certified mail.
(Code 1876, §2737; Code 1886, §2359; Code 1896, §831; Code 1907, §4507; Code 1923, §8282; Acts 1936, Ex. Sess., No. 191, p. 225; Code 1940, T. 27, §15.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-4 - Contests of Petition; Receipt of Evidence as to Petition.

Section 26-13-4
Contests of petition; receipt of evidence as to petition.
Upon the hearing of such petition, any person may contest the granting of same upon giving security for costs of such contest. All evidence touching such petition shall be taken in such manner as may be directed by the court.
(Code 1876, §2738; Code 1886, §2360; Code 1896, §832; Code 1907, §4508; Code 1923, §8283; Code 1940, T. 27, §16.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-5 - Entry of Judgment Relieving Minor From Disabilities of Nonage and Effect Thereof Generally.

Section 26-13-5
Entry of judgment relieving minor from disabilities of nonage and effect thereof generally.
If on the hearing of the evidence adduced and upon such other evidence as may be required by the court, the court shall be satisfied that it will be to the interest of such minor to be relieved from the disabilities of nonage, the court shall thereupon enter judgment accordingly, and such judgment shall have the effect of investing such minor with the right to sue and be sued, to contract, to buy, sell, and convey real estate, and generally to do and perform all acts which such minor could lawfully do if 19 years of age, except as provided in this chapter.
(Code 1876, §2739; Code 1886, §2361; Code 1896, §833; Code 1907, §4509; Code 1923, §8284; Code 1940, T. 27, §17.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-6 - Restriction of Rights of Minor by Judgment of Court.

Section 26-13-6
Restriction of rights of minor by judgment of court.
The court, in its judgment, may, if it deems it advisable, restrict and qualify the rights of a minor relieved from the disabilities of nonage, as to acquittances to, and contracts with guardians, executors, administrators, trustees, and other persons indebted to such minor, to such an extent as to the court may seem proper in each particular case. Such restrictions shall be fully set forth in the judgment relieving such minor from the disabilities of nonage.
(Code 1876, §2740; Code 1886, §2362; Code 1896, §834; Code 1907, §4510; Code 1923, §8285; Code 1940, T. 27, §18.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-7 - Filing of Copy of Judgment With Probate Court; Recordation, etc., of Judgment by Probate Judge.

Section 26-13-7
Filing of copy of judgment with probate court; recordation, etc., of judgment by probate judge.
Every minor relieved of the disabilities of nonage under the provisions of this chapter must file a certified copy of the judgment relieving him from such disabilities in the office of the judge of probate in each of the counties in which such minor shall thereafter reside and in the office of the judge of probate of each county in the state where such minor shall do any business or make any contracts. It shall be the duty of the judge of probate to record the judgment and keep the same for the inspection of the public.
(Code 1876, §2741; Code 1886, §2363; Code 1896, §835; Code 1907, §4511; Code 1923, §8286; Code 1940, T. 27, §19.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 13 - Relief of Minor Children From Disabilities of Nonage. › Section 26-13-8 - Recordation of Foreign Judgments Relieving Minors of Disabilities of Nonage and Effect Thereof.

Section 26-13-8
Recordation of foreign judgments relieving minors of disabilities of nonage and effect thereof.
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.
(Acts 1909, No. 74, p. 228; Code 1923, §8287; Code 1940, T. 27, §20.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-1 - Definitions.

Section 26-14-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABUSE. Harm or threatened harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children as those acts are defined by Alabama law. Sexual exploitation includes allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes.
(2) NEGLECT. Negligent treatment or maltreatment of a child, including the failure to provide adequate food, medical treatment, supervision, clothing, or shelter.
(3) CHILD. Either of the following:
a. A person under the age of 18 years.
b. A person under the age of 19 years who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38.
(4) DULY CONSTITUTED AUTHORITY. The chief of police of a municipality or municipality and county; or the sheriff, if the observation of child abuse or neglect is made in an unincorporated territory; or the Department of Human Resources; or any person, organization, corporation, group, or agency authorized and designated by the Department of Human Resources to receive reports of child abuse and neglect; provided, that a duly constituted authority shall not include an agency involved in the acts or omissions of the reported child abuse or neglect.
(Acts 1975, No. 1124, p. 2213, §1; Acts 1981, No. 81-615, p. 1031; Acts 1981, No. 81-789, p. 1387; Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §2; Act 2019-447, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-2 - Purpose of Chapter.

Section 26-14-2
Purpose of chapter.
In order to protect children whose health and welfare may be adversely affected through abuse and neglect, the Legislature hereby provides for the reporting of such cases to the appropriate authorities. It is the intent of the Legislature that, as a result of such efforts, and through the cooperation of state, county, local agencies and divisions of government, protective services shall be made available in an effort to prevent further abuses and neglect, to safeguard and enforce the general welfare of such children, and to encourage cooperation among the states in dealing with the problems of child abuse.
(Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-4 - Permissive Reporting.

Section 26-14-4
Permissive reporting.
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.
(Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-5 - Contents of Reports.

Section 26-14-5
Contents of reports.
The reports provided for in this chapter shall state, if known, the name of the child, his or her whereabouts, the names and addresses of the parents, guardian, or caretaker, and the character and extent of his or her injuries. The written report shall also contain, if known, any evidence of previous injuries to the child and any other pertinent information which might establish the cause of such injury or injuries, and the identity of the person or persons responsible for the same.
(Acts 1965, No. 563, p. 1049, §2; Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-6 - Temporary Protective Custody.

Section 26-14-6
Temporary protective custody.
A police officer, a law enforcement official, or a designated employee of the State or County Department of Human Resources may take a child into protective custody, or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody, without the consent of the parent or guardian, whether or not additional medical treatment is required, if the circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or other person responsible for the child's care presents an imminent danger to that child's life or health. However, such official shall immediately notify the court having jurisdiction over juveniles of such actions in taking the child into protective custody; provided, that such custody shall not exceed 72 hours and that a court of competent jurisdiction and the Department of Human Resources shall be notified immediately in order that child-protective proceedings may be initiated. During such period of temporary custody, the director of the county department of human resources may give or cause to be given effective consent for medical, dental, health, and hospital services for any abused or neglected child.
(Acts 1975, No. 1124, p. 2213, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-6.1 - Duties and Responsibilities for Investigation of Reports.

Section 26-14-6.1
Duties and responsibilities for investigation of reports.
The duty and responsibility for the investigation of reports of suspected child abuse or neglect shall be as follows:
(1) Reports of suspected child abuse or neglect involving disciplinary or corporal punishment committed in a public or private school or kindergarten shall be investigated by law enforcement agencies.
(2) Reports of suspected child abuse or neglect committed in a state-operated child residential facility shall be investigated by law enforcement agencies.
(3) All other reports of suspected child abuse and neglect shall be investigated by the Department of Human Resources.
(Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 14 - Reporting of Child Abuse or Neglect. › Section 26-14-7 - Duties of Department of Human Resources.

Section 26-14-7
Duties of Department of Human Resources.
(a) The State or County Department of Human Resources shall make a thorough investigation promptly upon either the oral or written report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include:
(1) The nature, extent and cause of the child abuse or neglect;
(2) The identity of the person responsible therefor;
(3) The names and conditions of other children in the home;
(4) An evaluation of the parents or person responsible for the care of the child;
(5) The home environment and the relationship of the child or children to the parents or other persons responsible for their care; and
(6) All other data deemed pertinent.
(c) The investigation may include a visit to the child's home, an interview with the subject child, and may include a physical, psychological, or psychiatric examination of any child or children in that home. If the admission to the home, school, or any other place that the child may be, or permission of the parent or other persons responsible for the child or children, for the physical, psychological, or psychiatric examination, cannot be obtained, then a court of competent jurisdiction, upon cause shown, shall order the parents or persons responsible and in charge of any place where the child may be to allow the interview, examinations, and investigation. If, before the examination is complete, the opinion of the investigators is that immediate removal is necessary to protect a child or children from further abuse or neglect, a court of competent jurisdiction, on petition by the investigators and with good cause being shown, shall issue an order for temporary removal and custody.
(d) The county department of human resources shall make a complete written report of the investigation, together with its recommendations. Such reports may be made available to the appropriate court, the district attorney, and the appropriate law enforcement agency upon request. The county department of human resources shall make a written report or case summary, together with services offered and accepted to the state's central registry on forms supplied by the registry for that purpose.
(Acts 1975, No. 1124, p. 2213, §1.)