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Please remember that this information should not be used as the basis for making any legal decision. Section 26-10A-34 Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father. A person who is 19 years of age or older or who by statute is otherwise deemed an adult. (4) The name of each petitioner, unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent contains a statement that the person executing the consent knows that he or she has a right to know the identity of each petitioner but voluntarily waives this right.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. Any male person as defined in the Alabama Uniform Parentage Act. (c) A minor father may give his implied consent by his actions. (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. (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. (b) A consent or relinquishment executed by a parent who is a minor shall not be subject to revocation by reason of such minority. 857, §1.) Section 26-10A-9 Implied consent or relinquishment. Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar days. (2) An adult under any one of the following conditions: a. If the attempted marriage is invalid without a court order, the adoptee was born within 300 days after the termination of cohabitation; or c. (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. 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 or invalidity, or divorce; or 2.
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.
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.
Adopting Families in Alabama Adopting Families in states other than Alabama Code of Alabama Title 26: Infants and Incompetents Chapter 10A: Alabama Adoption Code Sections 1-38 (This page was last updated on 08/02/13.) Section 26-10A-1 Short title. Section 26-10A-14 Withdrawal of consent or relinquishment. (b) When the person sought to be adopted is an adult, only the sworn, written consent of the adult person sought to be adopted shall be required and no order of reference or any home studies need be issued.