WHAT IS AN ADOPTION?

Adoption is the legal procedure through which a minor or adult is recognized by law
as being the son or daughter of the adopting adult(s) and as having all of the rights and
duties of such relationship including the right of inheritance. The adoptee takes the name
designated by the petitioner.

WHO MAY ADOPT?

Any adult (who is 19 or older) or husband and wife jointly. The Adoption Code
specifically prohibits discrimination in granting adoptions on the basis of marital status
or age.

WHO CAN BE ADOPTED?

The following persons may be adopted:

1. A minor.
2. An adult under any one of the following conditions:
a. He or she is totally and permanently disabled.
b. He or she is determined to be mentally retarded.
c. He or she consents in writing to be adopted and is related in any degree of
kinship, as defined by the intestacy laws of Alabama, or is a stepchild by
marriage.
d. He or she consents in writing to be adopted by an adult man and woman who
are husband and wife.

WHAT STEPS ARE USUALLY INVOLVED IN AN UNRELATED ADOPTION?

a. Pre-placement investigation (may petition Court or go to Department of Human

Resources or a Licensed Child Placing Agency).
b All necessary consents and/or relinquishments concerning the adoption are obtained.
c. Guardian ad litem is appointed when either natural parent of the adoptee is a minor or in
case of a contested hearing.
d. Petition Court for authority to pay fees or expenses.
e. Placement of child with petitioners.
f. File petition for adoption within 30 days after placement.
g. Serve notice or obtain waiver of notice on or from all parties entitled to notice of the
adoption.
h Post-placement investigation.
i Hearings.
j. Affidavits of non-payment.
k. Accounting of disbursements.
 WHAT IS A PRE-PLACEMENT INVESTIGATION?

It is an investigation conducted for the purpose of determining the suitability of each

petitioner and the home in which the adoptee will be placed. The investigation will include
a criminal background search and will focus on any other circumstances relevant to the
placement of the adoptee.

IS IT ALWAYS NECESSARY TO HAVE A PRE-PLACEMENT INVESTIGATION?

Yes, unless dispensed by the Court for good cause or unless the persons seeking to
adopt is a close relative of the adoptee as listed in §26-10A-27; §26-10A-28 of the Code of
Alabama.

WHOSE CONSENT TO THE ADOPTION IS REQUIRED?

a. The adoptee, if 14 years or older unless mentally incapable of giving consent.

b. The adoptee's mother.
c. The adoptee's presumed father if he meets the requirements set out in § 26-10A-7 of the
Code of Alabama.
d. The agency to whom the adoptee has been relinquished or which holds permanent
custody, except that a Court may grant an adoption without the agency's consent when it
would be in the child's best interest and the agency's withholding of consent is
unreasonable.
e. The putative father if known, provided that he complies with the Putative Father
Registry and responds within 30 days after receiving notice of the adoption.
f. Others as required by Alabama law.

CAN A MINOR CONSENT TO THE ADOPTION OF HIS OR HER CHILD?

Yes, however, prior to such consent the Court must appoint the minor parent a
guardian ad litem to represent the minor's interests. A minor who is 14 years of age or older
can nominate a guardian ad litem to protect his or her interests. However, if a minor father
impliedly consents, it is not necessary to appoint him a guardian ad litem.

CAN A PERSON REVOKE CONSENT TO ADOPTION DUE TO THE FACT THAT AT THE
TIME THE CONSENT WAS GIVEN THAT PERSON WAS A MINOR?

No, a consent or relinquishment executed by a parent who is a minor shall not be

subject to revocation by reason of such minority.

WHEN, WHERE AND IN WHAT FORM MUST A CONSENT OR RELINQUISHMENT FOR

ADOPTION BE GIVEN?
 A consent or relinquishment for adoption may be given at any time. The pre-birth
consent of the mother must be signed or confirmed before a Probate Judge. All other pre-
birth or post-birth consents or relinquishments must be signed or confirmed before the
Probate Judge or clerk of the Probate Court, or someone appointed by that Court to do such,
a person appointed by the agency conducting the investigation, or a notary public. The
consent or relinquishment must be in substantially the same form as provided in the
adoption code and must be in writing and signed by the person consenting or relinquishing.

WHEN MAY CONSENT OR RELINQUISHMENT BE WITHDRAWN?

A consent or relinquishment may be withdrawn for any reason five days after the birth
of the adoptee or five days after the signing of the consent or relinquishment, whichever
occurs later.

The time to withdraw the consent or relinquishment can be extended to 14 days if the
Court finds that such delay is reasonable under the circumstances and is in the best interest
of the child.

WHERE IS A PETITION FOR ADOPTION FILED?

A petition for adoption may be filed in the probate Court of any of the following
counties: where the minor resides; where the petitioner resides or is in military service, or
where the office of the agency or institution having guardianship or custody of the minor is
located.

WHEN IS A PETITION FOR AN UNRELATED PRIVATE ADOPTION FILED?

The adoption petition must be filed within 30 days after the minor is placed with the
prospective adoptive parent(s) for adoption. If the person seeking the adoption is a
stepparent or relative of the adoptee, then the adoptee must reside with the petitioner for a
year before such petition is filed. If the child has not lived with the stepparent or relative for
a year, the adoption, will proceed in the same manner as all other adoptions, unless the Court
waives the residence requirements for good cause shown.

CAN I PAY THE PARENT OF A MINOR OR UNBORN CHILD FOR THE CHILD:

No, an offer to make such a payment is a Class A misdemeanor; to receive payment

for a person’s consent to adoption is a Class C felony.

WHAT EXPENSES CAN I PAY?

A person seeking to adopt a child may pay maternity connected medical or hospital
and necessary living expenses of the mother preceding birth and during pregnancy related
incapacity as long as such payments are made as an act of charity and such payment is not
contingent upon placement of the child for adoption. All fees and expenses, including legal,
medical, investigative, or other legitimate professional fees may only be paid with Court
approval.

HOW CONFIDENTIAL IS AN ADOPTION?

The adoption code was designed to keep an adoption as confidential as possible.

a. Before a final adoption decree is rendered the only people with access to the adoption
records are: the petitioner, the petitioner's attorney; the pre-placement investigator, and
any attorney appointed or retained by the minor being adopted. No other person has
access to the adoption records unless they obtain a Court order after showing good
cause to allow them to inspect the records.
b. All adoption hearings are confidential and held in closed Court open only to the
interested parties and their counsel, except with leave of the Court.
c. After the final decree of adoption is entered, all documents pertaining to the adoption
are sealed and identifying information cannot be obtained by anyone except the adoptee
under limited circumstances. (see below).
d. The natural parent(s) may consent in writing under oath to disclosure of identifying
information to the adoptee when such adoptee reaches the age of 19. The adoptee upon
reaching the age of 19, may petition the Court for disclosure of identifying information.
Or the adoptee can contact the State Department of Human Resources to see if
consent is on file to disclose the name(s) of the natural parent(s). Such information will
not be released to the adoptee without the natural parent’s consent unless the Court
determines it is best after weighing the interests of the parties involved,
e. An adult adoptee may obtain a copy of his or her original birth certificate.

WHAT IS THE DIFFERENCE BETWEEN AN ADOPTION BY A STEPPARENT OR A CLOSE

FAMILY MEMBER AND OTHER ADOPTIONS?

Unlike all other adoptions, usually no pre-placement or post-placement

investigations or an accounting of the cost relating to the adoption are required. On a related
adoption, the adoptee must have lived with the petitioner(s) for at least one year unless the
residency requirement is waived for good cause shown.

CAN GRANDPARENTS OBTAIN VISITATION RIGHTS TO SEE THE ADOPTEE AFTER THE
ADOPTION?

Ordinarily the grandparents have no visitation rights with their grandchildren when
the natural parent’s rights’ have been terminated by adoption. However, at the Court's
discretion the Court may allow such visitation rights if the child is adopted by a close relative
or a stepparent provided it is in the child's best interest.