Title 26 — Title 26

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in which one of the following is true: a. The court adjudicates whether an express consent or relinquishment has been withdrawn pursuant to Section 26-10E-14.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…

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…

The marriage of the mother and reputed father of a bastard child renders it legitimate if the child is recognized by the father as his child. History: (Code 1852, §2008; Code 1867, §2404; Code 1876, §2742; Code 1886, §2364; Code 1896, §364; Code 1907, §5199; Code 1923, §9299; Cod…

Notification of Mother; Filing of Response; Appointment of Guardian Ad Litem; Hearing; Issuance of Order by Court; Certification of Minutes of Court to Office of Vital Statistics. (a) A father of a bastard child may seek to legitimate it and render it capable of inheriting his es…

Generally; Notification of Mother and Child; Filing of Response; Appointment of Guardian Ad Litem; Hearing; Issuance of Order by Court; Certification of Minutes of Court to Center for Health Statistics, Etc. (a) The father may petition at the time of filing the declaration of leg…