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If the adult person is without a spouse, guardian, or conservator and the court has reason to believe that the adult person is incompetent to give consent, the court shall appoint a guardian ad litem who shall investigate the adult person's circumstances and that guardian ad litem shall give or withhold consent. (a) A consent of the natural mother taken prior to the birth of a child shall be signed or confirmed before a judge of probate.The guardian ad litem shall file a written report stating the basis for the decision and the court shall afford a hearing to all parties to present evidence as to the best interest of the adult person, and if the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incompetent adult person, it may proceed to make any other orders it deems necessary for the adult person's welfare, including granting the petition for adoption. At the time of taking the consent the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the consent and shall provide the parent with a form for withdrawing the consent in accordance with the requirements of Sections 26-10A-13 and 26-10A-14. 118, §1.) Section 26-10A-13 Time of consent or relinquishment; filing with court.We hope to help you learn more about the child adoption laws in the State of Alabama. A male person who is the biological father of the minor or is treated by law as the father. 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. 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. (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. (b) Implied consent under subsection (a) may not be withdrawn by any person. (2) The date of birth or if prior to birth expected date of birth of the adoptee and any names by which the adoptee has been known.Please note that while we have tried to be as current as possible, laws are occasionally rewritten and/or amended; accordingly, the Alabama adoption law provided below may have errors, omissions, or may not be the most current version. Section 26-10A-31 Confidentiality of records, hearing; parties. Section 26-10A-33 Crime to place children for adoption. (3) The relationship of the person consenting or relinquishing to the adoptee.Over the years we have come to realize that there are thousands of birth mothers each day who are looking for information to help keep their children healthy, happy and safe. Section 26-10A-25 Final decree; dispositional hearing. Section 26-10A-38 Application to existing adoptions. (8) The address of the court in which the petition for adoption has been or will be filed, if known, and if not known, the name and address of the agency, the petitioners or their attorney on whom notice of the withdrawal of consent may be served.Chances are you know someone who is pregnant or who is struggling to find the resources to keep their child healthy, safe and happy. Section 26-10A-7 Persons whose consents or relinquishment are required. Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other party. (9) In the case of relinquishment, the name and address of the agency to which the adoptee has been relinquished.Please click the link below to find information about the types of adoption, adoption counseling services, government financial assistance for adopting families, a free adoption manual and much more. Section 26-10A-13 Time of consent or relinquishment; filing with court. (12) That the person executing a consent waives further notice of the adoption proceedings, unless there is a contest or appeal of the adoption proceeding.
Please use appropriate resources and an attorney's advice when making legal decisions. Section 26-10A-35 Bringing child into state for adoption purposes. 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. (5) That the person executing the document is voluntarily and unequivocally consenting to the adoption of the named adoptee. 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. A child as defined by the federal Adoption Assistance and Child Welfare Act of 1980. (b) Any adult may petition the court to adopt another adult as provided in this chapter. 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). Any minor, 14 years of age and beyond, can nominate a guardian ad litem either prior to the birth of the baby or thereafter. The provisions of this chapter shall be applicable to proceedings in the court having jurisdiction over juvenile matters. 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. He is obligated to support the adoptee pursuant to a written voluntary promise or agreement or by court order; or d. (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. (a) Any adult person or husband and wife jointly who are adults may petition the court to adopt a minor. 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. 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. He or she consents in writing to be adopted by an adult man and woman who are husband and wife. 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.