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Understanding Adoption Laws in Alabama

Learn about who can adopt in Alabama, consent requirements, adoption process, necessary parties involved, birth records, and step-parent adoption guidelines.

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Understanding Adoption Laws in Alabama

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  1. Adoption

  2. Who can Adopt? • Adults • Is there an age limit? • May singles adopt?

  3. Who may be adopted? • Minors • Adults • Totally or permanently disabled • Mentally retarded • Adult consents in writing must be related by marriage. • Adopting parents are husband and wife.

  4. Who must Consent? • Mother • Presumed father • Putative father who is on father’s registry • Agency with custody • Adoptee 14 or older • Adult adoptee under special statute

  5. Implied Consent • Abandonment for 6 months • Leaving child without identification 30 days. • Leaving child with others without maintaining parental relationship 6 months. • Failure to answer adoption petition • Minor father by his actions

  6. Prebirth Consent • Mother must go before Probate Judge • Consent must be on special form • Fathers consent may be notarized • Minor mother must have G.A.L. 14 and older may nominate G.A.L.

  7. Withdrawal of release • Anytime before birth or • Within 5 days after birth • Within 14 days afterbirth with cause

  8. Investigation of Adopting Parents • Pre-placement- Up to 24 months before adoption • Post placement within 45 days after placement • May be waived (rare)

  9. Necessary Parties • Adopting parties • Birth parents • Child • Probate Judge • Lawyer • Guardian ad Litem • Department of Human Services or Licensed Child Placing Agency

  10. Birth Records • Birth certificate • Non-identifying records • Identifying records • Intermediary • Court release

  11. Putative Father Registry • Man may request DHR to be placed on Registry • Before birth • Within 30 days after birth

  12. Adoption Process/ Sample Forms • Pre-placement DHR investigation <24 months • Fees held in escrow until approved • Petition filled in Probate Office • Consent of parents • G.A.L. appointed • Health facility release (if child leaves hospital with non parent)) • Parent affidavit concerning receiving funds • Adopting parents affidavit concerning any funds paid. • Interlocutory decree • Post placement DHR investigation <45 days • Report of adoption • Final decree • Adoption records Identifying Non identifying

  13. Step Parent Adoption • Petition of stepparent • Must have lived with child one year • Pre-placement investigation not required • Consent of Parent unless parental rights Terminated Adoption/biological parent

  14. Step Parent Adoption • Petition • Consent • Adoption order • Report of Adoption

  15. Solo and Small Firm Section of the Alabama Bar.

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