Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Alabama may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Alabama child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertisement
Citation: Ala. Code § 26-10A-36
It shall be unlawful for any person, organization, hospital, or agency to advertise verbally, through print, electronic media, or otherwise that they will adopt children or assist in
the adoption of children.
Use of Intermediaries and Facilitators
Citation: Ala. Code § 26-10A-34
It shall be unlawful for any person or agency to offer to receive payment for placing, assisting, or arranging a minor placement.
Birth Parent Expenses Allowed
Citation: § 26-10A-34(a)
It is permitted to pay maternity-connected medical or hospital and necessary living expenses of the mother preceding and during pregnancy-related incapacity, as an act of charity.
Allowable Payments for Arranging Adoption
Citation: §§ 26-10A-23(a); 26-10A-34(b)
No person or other entity may accept a fee for bringing the adopting parent together with the adoptee or natural parents, or for placing, assisting, or arranging a minor placement.
Allowable Payments for Relinquishing Child
Citation: §§ 26-10A-23(d); 26-10A-34
The adoptive parents and the parents surrendering the child must attest that no money or other things of value have been paid or received for giving up the child for adoption.
Accounting of Expenses Required by Court
Citation: § 26-10A-23(b)-(c)
The petitioners must file a sworn statement that is a full accounting of all charges, fees, and expenses to be paid. The court must approve all payments made.
Who Must Consent to an Adoption
Citation: Ala. Code §§ 26-10A-7; 26-10A-8
Consent shall be required of the following: The mother, the presumed father, the agency to which the child has been relinquished or holds permanent custody and has placed the adoptee
for adoption, and a putative father, if made known by the mother or is otherwise made known to the court, provided he complies with § 26-10C-1 and responds to notice within 30 days. 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.
Age When Consent of Adoptee is Considered or Required
Citation: Ala. Code § 26-10A-7
A child age 14 or older must consent to the adoption, except where the court finds that the child does not have the mental capacity to consent.
When Consent Can Be Executed
Citation: Ala. Code § 26-10A-13
A consent or relinquishment may be taken at any time, except that once signed or confirmed, may be withdrawn within 5 days after birth or within 5 days after signing of the consent
or relinquishment, whichever comes last.
Revocation of Consent
Citation: Ala. Code §§ 26-10A-9; 26-10A-13; 26-10-14
Implied consent due to abandonment may not be withdrawn by any person. The consent or relinquishment, once signed or confirmed, may not be withdrawn except:
If the court finds that the withdrawal is reasonable under the circumstances and consistent with the best interest of the child within 14 days after the birth of the child or within
14 days after signing of the consent or relinquishment, whichever comes last.
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.
After 1 year from the date of final decree of adoption is entered, a consent or relinquishment may not be challenged on any ground, except in cases where the adopted person has been
kidnapped.
Please visit adoption law in Alabama for more details. |