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Adoption

Adoption. Who can Adopt?. Adults Is there an age limit? May singles adopt?. 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. Who must Consent?. Mother

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Adoption

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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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