Title 26 — Title 26

This chapter shall be known and may be cited as the Alabama Adult Adoption Code. History: (Act 2023-92, §2.)

Litem. (a) All consents shall be acknowledged in open court, unless waived by the court for good cause shown. (b) If a guardian ad litem has been appointed for the adult sought to be adopted, the following procedures apply: (1) The guardian ad litem shall file with the court a wr…

(a) No investigation shall be required in any adult adoption unless ordered by the court to determine if the best interest of the adoptee will be served by granting the petition for adoption. The court shall determine the scope of the investigation. (b) If the probate court in wh…

(a) Upon the filing of a pleading or a motion by a party contesting the adoption, the probate court may not transfer the case or any part of the case to another court of this state, and shall forthwith set the matter for a contested hearing to determine each of the following: (1)…

(a) The petition for adoption shall be set for a dispositional hearing within a reasonable period after the filing of the petition and all necessary documents, including an investigative report if ordered by the court. (b) The court shall enter an order establishing a date, time,…

(a)(1) For the purposes of this chapter, a final judgment is one of the following: a. The court adjudicates whether a consent has been withdrawn. b. The court adjudicates a contest to an adoption pursuant to Section 26-10F-12. c. The court grants or denies the petition for adopti…

(a) If determined to be in the best interest of the adoptee or parties, the court may determine a hearing shall be closed. (b) Upon motion by the adoptee or parties and for good cause shown, the court shall have jurisdiction to issue any orders deemed necessary to protect the con…

(a) A judgment granting a petition for adoption of an adult may order a change in the name of the adoptee unless the court finds that the change of name is requested for fraudulent or criminal purposes; provided, however, that the court may not change the name of an adoptee who i…

(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…

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. History: (Act 2023-92, §2.)

(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) The definitions in the Alabama Minor Adoption Code, provided in Section 26- 10E-2, are applicable for this chapter and have the same meaning whenever used in this chapter except where the context clearly indicates a different meaning. (b) For the purposes of this chapter, a d…

The probate court shall have original and exclusive jurisdiction over proceedings brought under this chapter. History: (Act 2023-92, §2.)

(a) The petitioner or petitioners, or the adoptee, must be a resident of the State of Alabama. (b) All petitions must be filed in the probate court of either of the following counties: (1) The county in which the adoptee resides, or is in military service. (2) The county in which…

(a) Any adult individual may petition the court to adopt an adult as provided in this chapter. (b) Any married couple, both of whom are adults, may jointly petition the court to adopt an adult as provided in this chapter. An adult who is married may not petition to adopt another …

An adult may be adopted under any of the following conditions: (1) He or she is an individual with a total and permanent disability. (2) He or she has been determined to be an incapacitated person as defined in Section 26-2A-20. (3) He or she consents in writing to be adopted and…

(a) A consent shall be in a sworn writing and signed by the person consenting. (1) Only the sworn, written consent of a legally competent adoptee shall be required. (2) If the adoptee has been adjudicated incompetent or declared to be an incapacitated person as defined in Section…

(a) A petition for adoption shall be filed with the clerk of the court. The petition shall be signed and verified by each petitioner and shall allege all of the following: (1) The full name, date and place of birth, and place of residence of each petitioner and, if married, the p…

(a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on each of the following: (1) Any individual whose consent is required by Section 26-10F-7. (2) Any legally appointed custodian or guardian of the adopte…