Alabama Adoption Laws Page1

Adoption Laws in Alabama Page1

About adoption consent

• For whom it is must to consent to adoption : Statute: - §- § 26-10A-7; 26-10A-8
  1. Mother
  2. Presumed father, regardless of paternity
  3. Agency which is having the child relinquished
  4. Putative father, if responded to the notice
  5. Minor parent, whom appointed a guardian ad litem

• Age required of an adoptee to consent of adoptee : Statute: - § 26-10A-7

  14 years child or more older are suppose to consent to the adoption, unless the child's mental capacity to consent is not week as per the court's record.

• No need of parental consent : Statute: - §- § 26-10A-9; 26-10A-10

  If the parent has:

  1. After abandoned the child
  2. After failure for responding to the notice
  3. After terminating his/her rights
  4. If at all found incompetent
  5. Relinquished child to the child-placing agency or the department
  6. If the parent is deceased
  7. When alleged father signs the affidavit denying paternity.
  8. If natural father is not known

• Execution of consent : Statute: - § 26-10A-13

  Any time after or prior the birth of the child

• Consent execution is must : Statute: - §- § 26-10A-11; 26-10A-12

  1. The consent which is given before the birth of the child by his/her mother should have to be signed as well as it is necessary to get it confirmed before a probate judge.
  2. Any other consents can be executed in front of the judge, any public officer, or court clerk, or a person appointed by authorized agency for taking consents.

• Consent revocation : Statute: - §- § 26-10A-9; 26-10A-13; 26-10-14

  1. Consent which provides the reason of abandonment of the child, as per law in - § 26-10A-9(a), should not be withdrawn by anybody.
  2. Consent can be withdrawn within 14 days if the court found it consistent with the child's best interest or within 5 days after the birth of the child or signing of it may be withdrawn for a reason.
  3. Consent may be withdrawn at any time before the final adoption decree for fraud, mistake, duress, undue influence.