Title 26 — Title 26

This chapter shall be known as and may be cited as the Alabama Minor Adoption Code. History: (Act 2023-92, §1.)

Whom Consent Is Not Required. Notwithstanding the provisions of Section 26-10E-7, the consent of the following individuals shall not be required for an adoption or relinquishment for adoption: (1) A parent of the adoptee whose rights with reference to the adoptee have been termin…

Age of Majority. An express consent or relinquishment shall be in writing, signed by the individual consenting or relinquishing, and shall state all of the following: (1) The date, place, and time of execution. (2) The date of birth or, if prior to birth, the expected date of bir…

(a) An express consent of the biological mother taken prior to the birth of an adoptee shall be signed or confirmed before a judge of probate. At the time of taking the express consent, the judge shall explain to the consenting parent the legal effect of signing the document and …

(a) All existing express consents or relinquishments required by this chapter shall be filed with the probate court along with the petition. Any other express consents or relinquishments required by this chapter and acquired while the petition for adoption is pending shall be fil…

(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn unless the consent or relinquishment is executed in writing and one of the following circumstances applies: (1) As provided in Section 26-10E-13. (2) When, at any time before entry of the final judg…

(a) No health facility shall surrender the physical custody of an adoptee to any individual or entity other than the county department of human resources, a licensed child-placing agency, parent, relative by blood or marriage, or individual having legal custody, unless this surre…

(a) A petition for adoption of an adoptee shall bear the caption “In the Matter of the Adoption Petition of [each named petitioner.]” The completed petition shall be signed and verified by each petitioner and shall set forth each of the following: (1) The full name, date of birth…

(a) Unless notice has been previously waived as provided in subsection (d), notice of the pendency of an adoption proceeding shall be served by the petitioner on each of the following: (1) Any individual, agency, or institution whose consent or relinquishment is required. (2) The…

(a) Once a petitioner or petitioners has received an adoptee into his or her home for the purposes of adoption and a petition for adoption has been filed, an interlocutory order may be entered delegating to the petitioner or petitioners both of the following: (1) Physical custody…

Investigations. (a)(1) Except as provided in Sections 26-10E-19.1, 26-10E-26, and 26-10E-27, all minor adoptions shall include an investigation as provided under this section. A pre- placement investigation shall be completed to determine the suitability of each petitioner and th…

Permanent Custody of State Department of Human Resources. (a)(1) If an adoptee is in the permanent custody of the State Department of Human Resources, no judgment for adoption of the adoptee may be entered until the investigative report under this section has been completed and f…

For the purposes of this chapter, the following terms have the following meanings: (1) ABANDONMENT. Any of the following: a. The voluntary and intentional failure or refusal, without good cause or excuse, to claim the rights of a parent. b. The voluntary and intentional failure o…

After the petitioner or petitioners have received the adoptee into his, her, or their home, the adoptee shall not be removed from the county in which the petitioner or petitioners reside until the final judgment has been entered for a period of longer than 15 consecutive days, un…

(a) In making adoption arrangements, potential adoptive parents and biological parents may obtain counsel to provide legal advice and assistance. (b) When required by this chapter, the court may appoint a guardian ad litem for the adoptee, any mentally incapacitated person, or a …

(a)(1) No individual, organization, group, agency, or any legal entity may accept any fee whatsoever for bringing any petitioner together with the adoptee or the parents of the adoptee. (2) A violation of this section is a Class A misdemeanor, except that a second or subsequent c…

(a) Upon the filing of a pleading or a motion by a party contesting the adoption, or upon transfer of a contested case pursuant to Section 26-10E-3, the court shall forthwith set the matter for a contested hearing to determine each of the following: (1) Whether the best interest …

(a) Once the petition for adoption and any necessary accompanying documentation has been filed, the court shall set a dispositional hearing to take place as soon as practicable, but no later than 120 days after the filing. Upon good cause shown, the court may extend the time for …

(a)(1) For the purposes of this chapter, a “final judgment” is a judgment in which one of the following is true: a. The court adjudicates whether an express consent or relinquishment has been withdrawn pursuant to Section 26-10E-14. b. The court adjudicates a contest to an adopti…

A stepparent of the adoptee may petition for adoption of an adoptee under this chapter, except that: (1) Before the entry of the final judgment, the adoptee must have resided for a period of one year with the stepparent petitioner. (2)a. A limited investigation shall be conducted…

Subject to Section 26-10E-5, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a great-uncle, a great-aunt, a brother, 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 g…

(a) The adoptee shall take the name designated by the petitioner or petitioners; provided, however, that if the adoptee is 14 years of age or older, the adoptee may elect to retain his or her current legal name, unless the court determines that the adoptee lacks the mental capaci…

(a) A final judgment of adoption automatically vacates any judgment or order providing a grandparent visitation with an adoptee, unless the adoptee has been adopted pursuant to Section 26-10E-26 or Section 26-10E-27. (b) In an adoption case proceeding under Section 26-10E-26 or S…

(a) The probate court shall have original jurisdiction over cases brought pursuant to this chapter. No other court of this state shall have jurisdiction over a case brought under this chapter unless the case, or part of the case, has been transferred from the probate court to the…

Act. Jurisdiction over a child custody case involving an adoptee is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, commencing with Section 30-3B-101. History: (Act 2023-92, §1.)

of Information. (a) The records in adoption proceedings shall be open to inspection only to each petitioner or his or her attorney, the investigator appointed under Section 26-10E- 19, any guardian ad litem appointed for the adoptee under Section 26-10E-21, and any attorney retai…

(a) Within 10 days of the final judgment being entered, the judge or the clerk of the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources electronically or by United States mail and shall send a copy of the certified fina…

Only a parent, a parent of a deceased parent, or a relative of the degree of relationship specified in Section 26-10E-27, the State Department of Human Resources, a licensed child-placing agency, or an agency approved by the department may place, or facilitate the placement of, a…

Expenses; Legitimate Charges. (a) It shall be a Class A misdemeanor for any individual 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 he…

Minors may be brought into Alabama for the purpose of adoption as provided in Sections 38-7-15 and 44-2-20, except that investigations shall be made as provided in Sections 26-10E-19, 26-10E-19.1, 26-10E-26, 26-10E-27, and 44-2-20. History: (Act 2023-92, §1; Act 2025-407, §1.)

(a) It shall be unlawful for any individual, organization, corporation, partnership, hospital, association, any other business entity, or agency to advertise by word of mouth or through print, electronic media, including social media, telephonically, or otherwise that they will t…

Except as expressly provided in this chapter, the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence apply in any case brought under this chapter, including cases transferred to a juvenile court. History: (Act 2023-92, §1.)

(a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into before the enactment of this chapter shall be governe…

(a) A petition for adoption shall be filed in the probate court in any of the following counties: (1) The county in which the adoptee is born, resides, or has a legal domicile. (2) The county in which a petitioner resides or is in military service. (3) The county in which an offi…

(a) An unmarried individual or a married couple may petition to adopt a minor. (b) An unmarried couple may not adopt a minor. (c) A group of more than two individuals may not adopt a minor. (d) If a petitioner is married, the petition for adoption shall be filed jointly by both s…

Any minor who is available for adoption may be adopted under this chapter. History: (Act 2023-92, §1.)

Whom Consent Is Required. (a) Consent to the petitioner’s adoption or relinquishment for adoption to the State Department of Human Resources or a licensed child-placing agency shall be required by all of the following: (1) The adoptee, if 14 years of age or older, except when the…

Parent. (a) Prior to a minor parent’s giving express consent to an adoption or executing a relinquishment for adoption, a guardian ad litem shall be appointed to represent the interest of the minor parent whose consent is required. Any minor parent, 14 years of age or older, may …

(a) A rebuttable presumption that a parent has impliedly consented to the adoption or the relinquishment for adoption of an adoptee arises when clear and convincing evidence shows any of the following: (1) Abandonment of the adoptee by the parent during the four months immediatel…