All Roll Calls
Yes: 398 • No: 0
AlabamaSB942025 Regular SessionSenate
Adoption, Minor Adoption Code and Adult Adoption Code revised, procedures related to investigations, service of notice, and revocation of consent further provided for, duties of Department of Human Resources further provided for
Sponsored By: Arthur Orr (Republican)
Enacted
Family Law
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Bill Overview
Analyzed Economic Effects
20 provisions identified: 4 benefits, 1 costs, 15 mixed.
More relationship routes for adult adoption
Adults who consent in writing can qualify for adoption by relatives, stepparents, or former stepparents. A U.S. citizen can also qualify through a multi-year parent-like relationship when the court finds a legitimate purpose. For the de facto parent route, each petitioner must have provided primary care and financial support while living with the adoptee during childhood. That relationship must have lasted at least one year during childhood and continued as a family relationship.
Possible fathers face firm adoption deadlines
Beginning January 1, 2026, Alabama law ties a possible biological father's adoption consent rights to filing deadlines. He must file a notice of intent to claim paternity before birth or within 30 days afterward. A separate deadline applies if he receives formal notice before birth that the legal mother is considering adoption. Within 30 days of that notice, he must both file a paternity case and register with the state's putative father registry. Missing the applicable deadline counts as consent to adoption or relinquishment that cannot be withdrawn.
Adopting families face updated household screening
Most minor adoptions require an investigation; separate rules govern permanent state custody, stepparent, and relative cases. Screening includes suitability letters for adult household members and abuse, neglect, and national sex-offender checks for household members age 14 or older. Abuse and neglect checks cover states where a petitioner lived during the previous five years; applicable divorce settlements and custody orders are also required. Petitioners must have no known history of failing to pay child support, but no longer need to submit pet vaccination records. Courts can allow limited deviations for household members age 14 or older, with good cause recorded and an investigator's sworn explanation.
Adoption disputes can trigger expense repayment
When a contested adoption is denied, petitioners can seek reasonable medical and living costs for care while the adoptee lived with them. The court must order repayment unless the contestant shows just cause otherwise. When the contest itself is denied, the contestant must repay petitioners' contest-related legal costs, subject to the same exception. For denied contested adult adoptions, reimbursement also covers contest-related legal costs and care costs for an incapacitated adult who lived with petitioners. Fee reports require a court order; the law sets no fixed reimbursement amount or new fee.
Adoption notices carry strict response deadlines
Anyone properly served with an adoption notice must respond in writing within 30 days, stating support or intent to contest. If consent is required, silence can count as implied consent and loss of appearance and further-notice rights. If consent is not required, silence can waive only appearance and further-notice rights. Notice normally follows Alabama's civil court rules. When those methods fail, the court can order another way to give notice.
Adoptions can proceed without some consents
Beginning January 1, 2026, Alabama law allows adoption without consent after parental rights end, death, or an unwithdrawn relinquishment. Exceptions also cover findings of incapacity when delay harms the child, and fathers who deny or fail to prove paternity. Others cover an unknown father identified through the affidavit process, proven rape, incest, or sexual assault, and convictions for crimes against the child. Courts must appoint counsel or a guardian ad litem for an incapacitated parent lacking representation; that appointment is unnecessary for a minor parent whose implied consent is proved by clear and convincing evidence. State or county human resources consent remains required for children in its custody or relinquished to it, unless refusal is unreasonable and adoption serves the child's best interest.
Grandparents gain visitation routes with limits
Grandparents can seek visitation by joining an Alabama court case already addressing their grandchild's custody. This supplements filing a separate case and does not guarantee visits. A qualifying basis remains required, such as divorce, separation, or the listed unmarried-parent or parental-rights situations. A grandparent cannot receive visitation under this section if their child's parental rights ended in a case brought by human resources.
Parents can face presumed adoption consent
Beginning January 1, 2026, Alabama law allows adoption consent to be presumed based on clear and convincing evidence of listed conduct. This includes abandonment during the four months immediately before the petition or leaving a child without identification for 30 days. It also includes voluntarily leaving a child with someone else without support, communication, or a substantial relationship for four consecutive months before filing. A legal or possible biological father who knew or had reason to know of the pregnancy faces another rule: failing to offer the mother financial or emotional support during the four months immediately before birth also supports presumed consent. Separately, a person or agency whose consent is required faces presumed consent after receiving proper notice and not responding within 30 days. These rules let adoptions proceed without express consent, but the presumption can be challenged. Consent established under these rules cannot be withdrawn.
Parents face adoption consent withdrawal deadlines
A parent can withdraw express consent or relinquishment within five business days after birth or signing, whichever is later. The withdrawal must be signed, dated, witnessed by two witnesses or a notary, and filed or postmarked within that window. Before final judgment, courts can also allow withdrawal for fraud, duress, mistake, or undue influence by or for the petitioner. Withdrawal can also follow denial of the adoption after a contested case; the person seeking withdrawal must prove the facts are more likely true than not. Challenges are barred one year after final judgment and completion of appeals, except for fraud or kidnapping.
State custody adoptions require current reports
Courts cannot finalize adoptions from permanent state human resources custody until the required investigation report is completed and filed. The report covers screening, references, health, finances, home safety, and the child's history and assets. Its information must be gathered within 12 months before the hearing, and petitioners must receive updated medical and mental-health histories. Courts can allow deviations only for requirements involving household members age 14 or older, with recorded good cause and an investigator's affidavit. These petitioners do not need to attach the child's certified birth certificate or proof they requested it.
Temporary grandparent visits require strong ties
Courts can order temporary grandparent visits only after a hearing that gives special weight to a fit parent's decisions. The court must find a significant, viable relationship and that visits serve the child's best interest. Within the previous three years, the grandparent must have shared a home, regularly provided care, or provided significant financial support for six consecutive months. Alternatively, frequent or regular contact must have lasted at least 12 consecutive months within those three years.
Families can request qualified adoption investigators
Prospective adopters can directly ask an authorized investigator to start a pre-placement investigation. Options include human resources, licensed child-placing agencies, and Alabama social workers licensed and certified for private independent social casework. Investigators authorized in the petitioner's home state can also qualify. If an investigation appears insufficient, the court can order someone other than the placing agency to investigate. Courts can also appoint a representative to evaluate the adoption and the child's best interest.
Foster and adoption vaccination exemption applications
Alabama's human resources department must create a vaccination-exemption application process for people seeking to foster or adopt. Applicants can request an exemption for themselves or another household member. Requests can cite religious or other appropriate reasons; applying does not itself guarantee an exemption.
Older adoptees can keep their names
Final adoption judgments generally include the adoptee's new name. An adoptee age 14 or older who does not want a name change can keep their name. A relative adoptee who already shares the relative's last name also qualifies for an exception.
Adoption home reports get firm deadlines
Required pre-placement reports must accompany the petition and use information gathered within the previous 12 months. Petitioners receive the completed report, although their copy can omit reference letters. If the child already lived in the home before filing, the later report must include the required pre-placement information without waiver. After placement, investigators must observe the child and interview each petitioner at home within 45 days of placement. The later report is due within 60 days after the investigator receives notice of the case and goes to petitioners' lawyers or self-represented petitioners.
Adoption records stay sealed with exceptions
After final judgment, adoption papers remain sealed as permanent court records, subject to legal exceptions and court access for good cause. Adoptive parents, the case attorney, and adoptees who reach adulthood can request a hearing for copies of final or temporary orders. These rules protect privacy but limit general access. For unlawful release of confidential father-registry information, human resources has a Class A misdemeanor defense only with good faith and reasonable diligence.
Adoption reviews include birth parents' histories
Outside stepparent and relative adoptions, an authorized investigator must investigate each legal or claimed father or mother. An investigator who already investigated the pending adoption does not repeat that work under this requirement. The report includes medical and social histories and is due within 60 days after the petition is filed. Petitioners receive a copy without identifying information.
New notice steps for unidentified fathers
When a biological father is unknown, the mother must file a sworn statement saying she cannot or refuses to identify him. This does not apply when she is missing or deceased, her rights ended, or the adoption involves a stepparent or relative. Petitioners must notify an unknown father when no legal father has been determined and notice has not been waived. After human resources receives notice of the case, the court must notify the mother of a matching paternity-registry entry. That match requires the same mother and birth within 300 days of the listed intercourse date.
Stepparent adoption homes face limited checks
Stepparent adoptions require a limited investigation and home safety inspection, excluding the child's legal parent from the listed background checks. Other adults need suitability letters; other household members age 14 or older need abuse, neglect, and sex-offender checks. Abuse and neglect checks cover states where a petitioner lived during the past five years. The limited report is due within 30 days after filing, uses an approved form, and needs information gathered within 12 months before the final hearing. Only authorized agencies or qualified social workers can investigate; deviations for household members age 14 or older require recorded good cause and an investigator's affidavit.
Child transfers require authorization and oversight
Health facilities can release an adoptee only to human resources, a licensed child-placing agency, a parent, a relative, or a legal custodian. Another recipient needs written authorization signed after birth by a parent, agency, or legal custodian. Within 48 hours, facilities must report recipients' names and addresses, including any organization they represent, to county human resources. For adoptions covered by the interstate placement agreement, courts must ensure compliance. Authorized signatures from both sending and receiving states on the request form establish that compliance.
Sponsors & Cosponsors
Sponsor
Arthur Orr
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 5/1/2025
Gudger Concur In and Adopt - Adopted Roll Call 902
Yes: 29 • No: 0
House vote • 4/29/2025
Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 1129
Yes: 102 • No: 0
House vote • 4/29/2025
Motion to Adopt - Adopted Roll Call 1128
Yes: 103 • No: 0
House vote • 4/29/2025
Third Reading in Second House
Yes: 100 • No: 0
Senate vote • 2/12/2025
Motion to Read a Third Time and Pass - Adopted Roll Call 53
Yes: 32 • No: 0
Senate vote • 2/12/2025
Third Reading in House of Origin
Yes: 32 • No: 0
Actions Timeline
Enacted
5/14/2025SenateDelivered to Governor
5/6/2025SenateSignature Requested
5/6/2025HouseGudger Concur In and Adopt - Adopted Roll Call 902
5/1/2025SenateReady to Enroll
5/1/2025SenateEnrolled
5/1/2025SenateThird Reading in Second House
4/29/2025HouseShaver 1st Amendment Offered
4/29/2025HouseMotion to Adopt - Adopted Roll Call 1128
4/29/2025HouseMotion to Read a Third Time and Pass as Amended - Adopted Roll Call 1129
4/29/2025HouseRead for the Second Time and placed on the Calendar
2/27/2025HouseReported Out of Committee Second House
2/26/2025HouseThird Reading in House of Origin
2/12/2025SenateMotion to Read a Third Time and Pass - Adopted Roll Call 53
2/12/2025SenateRead for the first time and referred to the House Committee on Judiciary
2/12/2025HousePending Committee Action in Second House
2/12/2025HouseReported Out of Committee House of Origin
2/6/2025SenateRead for the Second Time and placed on the Calendar
2/6/2025SenateRead for the first time and referred to the Senate Committee on Children and Youth Health
2/5/2025SenatePending Committee Action in House of Origin
2/5/2025Senate
Bill Text
As Introduced
Enrolled
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