(a) Consent to the petitioner's adoption or relinquishment for adoption to the Department of Human Resources or a licensed child placing agency shall be required of the following: (1) The adoptee, if 14 years of age or older, except where the court finds that the adoptee does not have the mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father, regardless of paternity, if: a.
118, §1; Act 2004-528, §1.) Section 26-10A-7 Persons whose consents or relinquishment are required.
If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited purpose of termination of parental rights. (3) Provided however, in cases, where one who purports to be the biological father marries the biological mother, on petition of the parties, the court shall order paternity tests to determine the true biological father. With his knowledge or consent, he was named as the adoptee's father on the adoptee's birth certificate; or 2. 1061, §1.) Section 26-10A-8 Consent or relinquishment by a minor parent.
The probate court shall have original jurisdiction over proceedings brought under the chapter. All petitions may be filed in the probate court in the county in which: (1) The minor or adult resides or has a legal residence; (2) A petitioner resides, or is in military service; or (3) An office of any agency or institution operating under the laws of this state having guardianship or custody of a minor or an adult is located. (2) No rule or regulation of the Department of Human Resources or any agency shall prevent an adoption by a single person solely because such person is single or shall prevent an adoption solely because such person is of a certain age. After the adoptee's birth, he and the adoptee's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and 1.
(c) All consents or relinquishments required by this act shall be filed with the court in which the petition for adoption is pending before the final decree of adoption is entered. (a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except: (1) As provided in Section 26-10A-13; or (2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of a petitioner or his agent or the agency to whom or for whose benefit it was given.
The adoptive parents and the natural parents unless the rights of the natural parents have been terminated or relinquished for purposes of adoption then the agency that has custody becomes a party in interest. If a court finds by conclusive evidence that a minor father has given implied consent to the adoption, notice and the appointment of a guardian ad litem shall not be necessary. Abandonment includes, but is not limited to, the failure of the father, with reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period of six months prior to the birth. 1061, §1.) Section 26-10A-10 Persons whose consents or relinquishments are not required. Any male person as defined in the Alabama Uniform Parentage Act. (c) A minor father may give his implied consent by his actions. (a) A consent or relinquishment required by Section 26-10A-7 may be implied by any of the following acts of a parent: (1) Abandonment of the adoptee. (b) A petition to adopt an adult may be granted only if written consent to adopt has been executed by the adult seeking to adopt and his or her spouse or by the guardian or conservator of the adult sought to be adopted pursuant to the requirements of Sections 26-10A-6 and 26-10A-11. (b) A consent or relinquishment executed by a parent who is a minor shall not be subject to revocation by reason of such minority. 857, §1.) Section 26-10A-9 Implied consent or relinquishment. Giving up the physical custody of a minor for purpose of placement for adoption to a licensed child placing agency or the Department of Human Resources. A child as defined by the federal Adoption Assistance and Child Welfare Act of 1980. (b) Any adult may petition the court to adopt another adult as provided in this chapter. He received the adoptee into his home and openly held out the adoptee as his own child; (4) The agency to which the adoptee has been relinquished or which holds permanent custody and which has placed the adoptee for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interests of the adoptee and there is a finding that the agency has unreasonably withheld its consent; and (5) The putative father if made known by the mother or is otherwise made known to the court provided he complies with Section 26-10C-1 and he responds within 30 days to the notice he receives under Section 26-10A-17(a)(10). Any minor, 14 years of age and beyond, can nominate a guardian ad litem either prior to the birth of the baby or thereafter. The provisions of this chapter shall be applicable to proceedings in the court having jurisdiction over juvenile matters. If the court determines by substantial evidence that the biological father is the man married to the biological mother, then the biological father shall be allowed to adopt the child without the consent of the man who was married to the biological mother at the time of the conception or birth of the child, or both, when the court finds the adoption to be in the best interest of the child. He is obligated to support the adoptee pursuant to a written voluntary promise or agreement or by court order; or d. (a) Prior to a minor parent giving consent a guardian ad litem must be appointed to represent the interests of a minor parent whose consent is required.(3) Upon dismissal of the adoption after a contested hearing as provided in Section 26-10A-24.(b) The withdrawal of consent or relinquishment as provided in Section 26-10A-13(a) shall be effected by the affiant signing and dating the withdrawal form provided pursuant to Section 26-10A-12(c) or other written withdrawal of consent containing the information set forth in Section 26-10A-12(c), and by delivering the withdrawal to the court or having the withdrawal postmarked within five days of the child's birth or of signing the consent or relinquishment, whichever comes last.The court shall not apply any presumption or preference in favor of the natural parents in reviewing an action brought under this section. 1061, §1.) Section 26-10A-15 Surrender of custody of minor under age of majority.(e) If the court directs that the consent or relinquishment be withdrawn, the court shall order the minor restored to the custody of his or her parent or parents, the Department of Human Resources or a licensed child placing agency; otherwise, the court shall deny the withdrawal and declare that the consent or relinquishment is final and binding. (a) No health facility shall surrender the physical custody of an adoptee to any person other than the Department of Human Resources, a licensed child placing agency, parent, relative by blood or marriage, or person having legal custody, unless such surrender is authorized in a writing executed after the birth of the adoptee by one of the adoptee's parents or agency or the person having legal custody of the adoptee. Provided, however, the reasonable period of time shall not exceed 60 consecutive calendar days. (2) An adult under any one of the following conditions: a. If the attempted marriage is invalid without a court order, the adoptee was born within 300 days after the termination of cohabitation; or c. (1) No rule or regulation of the Department of Human Resources shall prevent an adoption by a person solely because the person is employed outside the home, provided however, the Department of Human Resources may exercise sound discretion in requiring the person to remain in the home with a minor for a reasonable period of time when a particular minor requires the presence of that person to ensure his or her adjustment. If the attempted marriage could be declared invalid only by a court, the adoptee was born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration or invalidity, or divorce; or 2.