reglab/statecodes huggingface dataset:
2023 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 26-9-18
Taxing 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.)
2023 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 26-9-19
Construction 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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 1 - General Provisions. › Section 26-10-4.1 - Fee for Investigation Services Involving Adoption; Disposition of Moneys Received.

Section 26-10-4.1
Fee for investigation services involving adoption; disposition of moneys received.
(a) The State Department of Human Resources shall charge and collect a fee in the amount of $300.00 for investigation services they perform in cases involving adoption, provided, however, that in those adoption proceedings in which an investigation is specifically not required by statute because the petitioner is a stepfather, stepmother, or closely related relative, no fee shall be charged for investigation services. This fee shall not apply to investigation services for cases in which a child was placed for adoption by the State Department of Human Resources, in cases in which a child was placed for adoption as a result of or pursuant to a court order in which parental rights in the child were terminated or in cases in which the investigative services were performed by a licensed child-placing agency.
The Department of Human Resources may waive this fee in the case of an indigent and for other good cause shown.
(b) All investigation services fees received pursuant to this section shall be received by the State Department of Human Resources and shall be deposited in the State Treasury to the credit of the State General Fund.
(Acts 1988, 1st Ex. Sess., No. 88-733, p. 136, §§1, 2; Acts 1990, No. 90-554, p. 912, §36.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-20 - Short Title.

Section 26-10-20
Short title.
This article should be known and may be cited as the Alabama Subsidized Adoption Act.
(Acts 1979, No. 79-691, p. 1231, §8.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-21 - Purpose of Article.

Section 26-10-21
Purpose of article.
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.
(Acts 1979, No. 79-691, p. 1231, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-22 - Definitions.

Section 26-10-22
Definitions.
As used in this article, the following words shall have the following meanings unless the context indicates otherwise:
(1) ADOPTION SUBSIDY. A money payment, services, deferred payment, or any combination thereof that is provided to a child with special needs or circumstances after submission of an application to the department.
(2) AGENCY. The department or a child welfare agency which is authorized in its license issued by the department to place children for adoption.
(3) APPLICATION. The submission to the department of a complete application as defined by the department with documentation of the child's special needs.
(4) CHILD. An individual under 19 years of age, or an individual 19 or 20 years of age and eligible for Title IV-E Federal Funding, who is:
a. in the care or custody, or both, of the department, or a public or voluntary licensed child-placing agency,
b. legally free for adoption and
c. in special need or circumstances because he or she is not likely to be adopted by reason of one or more, or a combination of, the following conditions, such as:
1. Physical or mental disability.
2. Emotional disturbance.
3. Recognized high risk of physical or mental disease.
4. Age as determined by the department.
5. Sibling relationship.
6. Racial or ethnic factors.
(5) DEPARTMENT. The Department of Human Resources.
(6) DEVELOPMENTAL DISABILITY. A developmental disability as diagnosed by a licensed medical doctor or qualified mental health professional.
(7) EMOTIONAL DISTURBANCE. An emotional condition which impedes the child's ordinary developmental progress as diagnosed by a licensed medical doctor or qualified mental health professional.
(8) EMOTIONAL TIES. Includes all of the following:
a. Identification of the child as a member of the foster family.
b. Identification by the foster family of the child as belonging to that family.
c. The likelihood that the child will not establish significant emotional placement ties to another family if he or she is denied permanent placement with the foster family.
(9) HIGH RISK OF PHYSICAL OR MENTAL DISEASE. A potentially debilitating condition as diagnosed by a licensed medical doctor or qualified mental health professional.
(10) MENTAL DISABILITY. A condition which is characterized by impaired intellectual development and impedes the ability to function independently as diagnosed by a licensed medical doctor or qualified mental health professional.
(11) PHYSICAL DISABILITY. One of the following conditions:
a. A chronically debilitating, progressive, or fatal disease which requires assistance for the child in activities of daily living.
b. The requirement of assistance of another person or mechanical device for movement from place to place.
(12) RACIAL OR ETHNIC FACTORS. Black, Hispanic, Native American, Asian, or other heritage which may prevent a child from being adopted.
(Acts 1979, No. 79-691, p. 1231, §2; Act 2011-557, p. 1041, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-23 - Administration of Subsidization Program; Provision for Funds.

Section 26-10-23
Administration of subsidization program; provision for funds.
The State Department of Human Resources shall establish and administer an ongoing program of subsidized adoption. Subsidies and services for children under this program shall be provided out of funds appropriated to the State Department of Human Resources for the maintenance of children in foster care or made available to it from other sources.
(Acts 1979, No. 79-691, p. 1231, §3.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-24 - Certification for Subsidy; Procedures; Approval of Plan.

Section 26-10-24
Certification for subsidy; procedures; approval of plan.
(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.
(Acts 1979, No. 79-691, p. 1231, §4; Act 2011-557, p. 1014, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-25 - Subsidies - Agreements; Type; Amount; Duration; Limitation.

Section 26-10-25
Subsidies - Agreements; type; amount; duration; limitation.
When parents are found and approved for adoption of a child certified as eligible for subsidy, and before the final decree of adoption is issued, there must be a written agreement between the State Department of Human Resources and the adopting family as to the terms and conditions of the subsidy. Upon determination of eligibility, adoption subsidies in individual cases may commence at any time after the adoption placement or at the appropriate time after the adoption decree, and will vary with the needs of the child and as negotiated with the adoptive parent or parents, and according to, as well as the availability of, other resources to meet the child's needs. The subsidy may be for special services only, or for money payments, payment deferred, and either for a limited period, or for a long term, or for any combination of the foregoing. The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable for such child if the child had remained in foster care, or, in the case of special service, the reasonable fee for the service rendered. If the adoptive parent or parents move to another state of residence with the child, the adoption subsidy payment shall continue if the child's needs remain the same and the child was a resident of Alabama when eligibility for subsidy was certified. Payments shall be made to the legal parent with physical custody of the child except for school or other parent authorized placements unless otherwise ordered by a court or by signed agreement by the parent or parents and the department. No payment may be made to a parent or parents if the child is not a citizen or permanent legal resident of the United States unless the child was adopted outside the United States and brought into this country for the purpose of adoption and the adoption failed and the child was placed into foster care.
(Acts 1979, No. 79-691, p. 1231, §5; Act 2011-557, p. 1014, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-27 - Effect of Nonresidence of Adopting Parents.

Section 26-10-27
Effect of nonresidence of adopting parents.
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.
(Acts 1979, No. 79-691, p. 1231, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-28 - Records Confidential.

Section 26-10-28
Records confidential.
All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with Sections 26-10A-31, 26-10A-32, 38-2-6(8), and 38-7-13.
(Acts 1979, No. 79-691, p. 1231, §5.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-29 - Review of Subsidy Decision; Appeal.

Section 26-10-29
Review of subsidy decision; appeal.
(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.
(Acts 1979, No. 79-691, p. 1231, §6; Act 2011-557, p. 1014, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10 - Adoption of Children. › Article 2 - Subsidized Adoption. › Section 26-10-30 - Promulgation of Regulations.

Section 26-10-30
Promulgation of regulations.
The State Department of Human Resources shall promulgate regulations consistent with this article within 120 days of its enactment.
(Acts 1979, No. 79-691, p. 1231, §7.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-2 - Definitions.

Section 26-10A-2
Definitions.
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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-3 - Jurisdiction.

Section 26-10A-3
Jurisdiction.
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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-4 - Venue.

Section 26-10A-4
Venue.
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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-5 - Who May Adopt.

Section 26-10A-5
Who 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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-6 - Who May Be Adopted.

Section 26-10A-6
Who 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.)
2023 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-7
Persons 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.)
2023 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-8
Consent 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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-9 - Implied Consent or Relinquishment.

Section 26-10A-9
Implied 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.)
2023 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-10
Persons 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.)
2023 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-13
Time 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.)
2023 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-14
Withdrawal 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.)
2023 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-15
Surrender 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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-16 - Petition.

Section 26-10A-16
Petition.
(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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-18 - Custody Pending Final Decree.

Section 26-10A-18
Custody 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.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-20 - Removal of Adoptee From County.

Section 26-10A-20
Removal of adoptee from county.
After the petitioner has received the adoptee into his or her home, the adoptee shall not be removed from the county in which the petitioner resides until the final decree has been issued for a period of longer than 15 consecutive days unless notice is given to the investigating agency or person.
(Acts 1990, No. 90-554, p. 912, §20.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-21 - Related Proceedings.

Section 26-10A-21
Related proceedings.
If, at any time during the pendency of the adoption proceeding, it is determined that any other custody action concerning the adoptee is pending in the courts of this state or any other state or country, any party to the adoption proceeding, or the court on its own motion, may move to stay such adoption proceeding until a determination has been made by an appropriate court with jurisdiction pursuant to the provisions of the Uniform Child Custody Jurisdiction Act (UCCJA) or the Parental Kidnapping Prevention Act (PKPA). The adoption may be transferred and consolidated with a custody proceeding pending in any court in this state.
(Acts 1990, No. 90-554, p. 912, §21; Act 99-435, p. 857, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-22 - Attorney Participation and Appointment of Attorney for the Adoptee or Other Party.

Section 26-10A-22
Attorney participation and appointment of attorney for the adoptee or other party.
(a) In making adoption arrangements, potential adopting parents and birth parents may obtain counsel to provide legal advice and assistance.
(b) Upon the motion of any party, or upon the court's own motion, before or after the filing of petition for adoption the court may appoint a guardian ad litem for the adoptee, or for any incompetent or minor who is a party to the proceeding or who would be a party to the proceeding. In the event of a contested adoption, a guardian ad litem shall be appointed. The fees of a guardian ad litem shall be assessed as court costs.
(Acts 1990, No. 90-554, p. 912, §22.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-23 - Fees and Charges.

Section 26-10A-23
Fees and charges.
(a) No person, organization, group, agency, or any legal entity may accept any fee whatsoever for bringing the adopting parent or parents together with the adoptee or the natural parents. A violation of this section shall be punished under Section 26-10A-33.
(b) Prior to payment, the petitioners must file with the court a full accounting of all charges for expenses, fees, or services they or persons acting on their behalf will be paying relating to the adoption. Payment may be made only with court approval except that fees may be placed in an escrow account prior to court approval. The court may not refuse to approve a fee for documented services on the sole basis that a child has not been placed. The court shall approve all reasonable fees and expenses unless determined by the court to be unreasonable based upon specific written findings of fact.
(c) The petitioner must file a sworn statement that is a full accounting of all disbursements paid in the adoption.
(d) Under penalty of perjury, the adoptive parents and the parent or parents surrendering the minor for adoption shall, prior to the entry of the final adoption order, sign affidavits stating that no moneys or other things of value have been paid or received for giving the minor up for adoption. In addition to any penalties for perjury, the payment or receipt of money as referred to herein shall be punished as set forth in Section 26-10A-33.
(Acts 1990, No. 90-554, p. 912, §23.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-24 - Contested Hearing.

Section 26-10A-24
Contested hearing.
(a) Whenever a motion contesting the adoption is filed, the court shall set the matter for a contested hearing to determine:
(1) Whether the best interests of the adoptee will be served by the adoption.
(2) Whether the adoptee is a person capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid.
(4) Whether a consent or relinquishment may be withdrawn.
(b) The court shall give notice of the contested hearing by certified mail to all parties who have appeared before the court. The moving party and each petitioner shall be present at the contested hearing. The guardian ad litem shall appear and represent the interests of the adoptee.
(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 circumstances affecting the granting of the adoption petition. The court may order the investigating officer, appointed under Section 26-10A-19, to investigate the allegations set forth in the motion for a contested hearing or the whereabouts of any person entitled to notice of the proceeding.
(d) After hearing evidence at a contested hearing, the court shall dismiss the adoption proceeding if the court finds:
(1) That the adoption is not in the best interests of the adoptee.
(2) That a petitioner is not capable of adopting the adoptee.
(3) That a necessary consent cannot be obtained or is invalid.
(4) That a necessary consent may be withdrawn. Otherwise the court shall deny the motion of the contesting party.
(e) On motion of either party or of the court, a contested adoption hearing may be transferred to the court having jurisdiction over juvenile matters.
(f) All references to the names of the parties in the proceedings shall be by initial only.
(g) Where the contested hearing is held in the probate court the judge may, upon completion of the contested hearing, immediately proceed with the dispositional hearing as provided in Section 26-10A-25.
(h) Where there is a contested case hearing, if the adoption is denied, then the probate court or court of competent jurisdiction, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners for adoption for all medical and living expenses incidental to the care and well-being of the minor child for the time the child resided with the petitioner or petitioners for adoption.
(i) Where there is a contested hearing and the contest fails, then the probate court or court of competent jurisdiction, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners for adoption for all legal costs incurred which are incidental to the contest.
(Acts 1990, No. 90-554, p. 912, §24; Act 99-435, p. 857, §1.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-25 - Final Decree; Dispositional Hearing.

Section 26-10A-25
Final decree; dispositional hearing.
(a) When the pre-placement investigation has been completed and approved or the investigation has been waived for good cause shown, the petition for adoption shall be set for a dispositional hearing as soon as possible or no later than 90 days after the filing of the petition. When there has not been a pre-placement investigation or the investigation has not been waived for good cause shown or when the adoptee is a special needs child, the petition for adoption shall be set for a dispositional hearing as soon as possible or no later than 120 days after the filing of the petition. Upon good cause shown, the court may extend the time for the dispositional hearing and entry of the final decree.
(b) At the dispositional hearing, the court shall grant a final decree of adoption if it finds on clear and convincing evidence that:
(1) The adoptee has been in the actual physical custody of the petitioners for a period of 60 days, unless for good cause shown, this requirement is waived by the court;
(2) All necessary consents, relinquishments, terminations, or waivers have been obtained and, if appropriate, have been filed with the court;
(3) Service of the notice of pendency of the adoption proceeding has been made or dispensed with as to all persons entitled to receive notice under Section 26-10A-17;
(4) All contests brought under Section 26-10A-24 have been resolved in favor of the petitioner;
(5) That each petitioner is a suitable adopting parent and desires to establish a parent and child relationship between himself or herself and the adoptee;
(6) That the best interests of the adoptee are served by the adoption; and
(7) All other requirements of this chapter have been met.
(c) The court shall enter its finding in a written decree which shall also include the new name of the adoptee, and shall not include any other name by which the adoptee has been known or the names of the natural or presumed parents. The final decree shall further order that from the date of the decree, the adoptee shall be the child of the petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10A-29.
(d) A final decree of adoption may not be collaterally attacked, except in cases of fraud or where the adoptee has been kidnapped, after the expiration of one year from the entry of the final decree and after all appeals, if any.
(Acts 1990, No. 90-554, p. 912, §25.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-26 - Appeals.

Section 26-10A-26
Appeals.
(a) Appeals from any final decree of adoption shall be taken to the Alabama Court of Civil Appeals and filed within 14 days from the final decree.
(b) An appeal from any final order or decree rendered under this chapter shall have priority in all courts and shall have precedence over all other matters, except for other matters which have been given priority by specific statutory provision or rule of court. The trial court may enter further orders concerning the custody of the adoptee pending appeal.
(c) If an order, judgment, or decree rendered under this chapter is appealed, the party who files the appeal shall cause notice of the appeal to be transmitted to all persons entitled to receive notice pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment has been implied under Section 26-10A-9 or whose consent or relinquishment is not required under Section 26-10A-10. Such notice of appeal shall set forth the pendency of the appeal and the right of interested parties to be heard. The notice shall not identify by name the party filing such appeal, unless the appellant is unrepresented, but shall specify the identity of the court in which the appeal is pending, the docket number of the petition, the general nature of the appeal, and the name, address, and telephone number of the attorney who has filed the petition. The caption of an appeal shall show only the initials of the adoptee's birthname. Only the initials of the natural parents and the petitioner shall be indicated in all pleadings and briefs.
(Acts 1990, No. 90-554, p. 912, §26.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-27 - Stepparent Adoptions.

Section 26-10A-27
Stepparent adoptions.
Any person may adopt his or her spouse's child according to the provisions of this chapter, except that:
(1) Before the filing of the petition for adoption, the adoptee must have resided for a period of one year with the petitioner, unless this filing provision is waived by the court for good cause shown;
(2) No investigation under Section 26-10A-19 shall occur unless otherwise directed by the court, and
(3) No report of fees and charges under Section 26-10A-23 shall be made unless ordered by the court.
(Acts 1990, No. 90-554, p. 912, §27.)
2023 Code of Alabama › Title 26 - Infants and Incompetents. › Chapter 10A - Alabama Adoption Code. › Section 26-10A-28 - Adoption by Other Relatives.

Section 26-10A-28
Adoption by other relatives.
A grandfather, a grandmother, great-grandfather, great-grandmother, great-uncle, great-aunt, a brother, or a half-brother, a sister, a half-sister, an aunt or an uncle of the first degree and their respective spouses, if any may adopt a minor grandchild, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a minor nephew, a minor niece, a minor great-grandchild, a minor great niece or a minor great nephew, according to the provisions of this chapter, except that:
(1) Before the filing of the petition for adoption, the adoptee must have resided for a period of one year with the petitioner, unless this filing provision is waived by the court for good cause shown;
(2) No investigation under Section 26-10A-19 shall occur unless otherwise directed by the court; and
(3) No report of fees and charges under Section 26-10A-23 shall be made unless ordered by the court.
(Acts 1990, No. 90-554, p. 912, §28.)