Title 26 — Title 26

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §26.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §27.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §28.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §29.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §3.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §29.1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §30; Act 2000-794, p. 1869, §1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §31; Act 2000-794, p. 1869, §1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §32.)

Receipt of Financial Benefits by Father. THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §33.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §34.)

Licensed by Department of Human Resources. THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §35.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p, 912, §37.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §39.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §4, Act 98-101, p. 118, §1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §5, Act 98-101, p. 118, §1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §6, Act 98-101, p. 118, §1; Act 2004-528, p. 1105, §1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §7; Act 98-101, p. 118, §1; Act 2002-417, p. 1061, §1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §8; Act 99-435, p. 857, §1.)

THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. History: (Acts 1990, No. 90-554, p. 912, §9; Act 99-435, p. 857, §1; Act 2002-417, p. 1061, §1.)

The Legislature finds that: (1) Finding adoptive families for children, for whom adoption assistance is desirable, and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to…

Federal Laws. Consistent with federal law, the State Department of Human Resources and the Alabama Medicaid Agency, in connection with the administration of this chapter and any compact pursuant hereto, shall include in any state plan made pursuant to the Adoption Assistance and …

The purpose of this chapter is to authorize the State Department of Human Resources to enter into interstate agreements with agencies of other states for the protection of children for whom adoption assistance is being provided by the State Department of Human Resources, and to p…

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) STATE. A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwe…

Compacts. The State Department of Human Resources, by and through its commissioner, is authorized to develop, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. Wh…

A compact entered into pursuant to the authority conferred by this chapter shall include: (1) A provision making the compact available for joinder by all states; (2) A provision or provisions allowing withdrawal from the compact upon written notice to the parties, but requiring a…

A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 26-10B-5, as follows: (1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social…

(a) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the Medicaid office of a certified copy of the adopt…

Residence State; Procedure for Reimbursement. The State Department of Human Resources shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the State Department of Human Resources for coverage or ben…

The submission of any claim for payment or reimbursement for services or benefits pursuant to Section 26-10B-7 or 26-10B-8 of this chapter or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or f…

Release of Information. (a) The State Department of Human Resources shall establish a putative father registry which shall record the names, Social Security number, date of birth, and addresses of the following: (1) Any individual adjudicated by a court of this state to be the fa…

This chapter shall not be construed to alter, impair, defeat, or restore any rights, obligations, duties, or interest accrued, incurred, conferred, or terminated prior to January 1, 1997. History: (Acts 1996, No. 96-537, p. 751, §2.)

This chapter may be cited as the Alabama Child Placing Agency Inclusion Act. History: (Act 2017-213, §1.)

The Legislature finds all of the following: (1) Alabama provides state licensed child placing services through various state, charitable, religious, and private organizations. (2) Religious organizations, in particular, have a lengthy and distinguished history of providing child …

For the purposes of this chapter, the following terms shall have the following meanings: (1) ADVERSE ACTION. With respect to a child placing agency, any action that materially alters the license under a state program, including any of the following: a. Taking an enforcement actio…

The purposes of this chapter are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child placing agency on the basis that the agency declines to make a child placement that conflicts, or under circumstances that conflict, …

Providers Under Certain Conditions. (a) The state may not refuse to license or otherwise discriminate or take an adverse action against any child placing agency that is licensed by or required to be licensed by the state for child placing services on the basis that the child plac…

Child placing agencies shall otherwise meet the Minimum Standards for Child Placing Agencies required for child placement, pursuant to the Alabama Child Care Act of 1971, Chapter 7, Title 38. History: (Act 2017-213, §6.)

A child placing agency injured by a violation of subsection (a) of Section 26-10D-5 may obtain all appropriate relief provided by the Alabama Administrative Procedure Act. In addition to the remedies provided therein, an aggrieved agency shall be entitled to all rights, remedies,…

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…