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(2) Leaving the adoptee without provision for his or her identification for a period of 30 days. Notwithstanding the provisions of Section 26-10A-7, the consent or relinquishment of the following persons shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee have been terminated by operation of law in accordance with the Alabama Child Protection Act, Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and whose mental disability is likely to continue for so long a period that it would be detrimental to the adoptee to delay adoption until restoration of the parent's competency or capacity. 912, §10.) Section 26-10A-11 Consent or relinquishment.
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.
Please click the link below to find information about the types of adoption, adoption counseling services, government financial assistance for adopting families, a free adoption manual and much more. Section 26-10A-13 Time of consent or relinquishment; filing with court. (12) That the person executing a consent waives further notice of the adoption proceedings, unless there is a contest or appeal of the adoption proceeding.
Adopting Families in Alabama Adopting Families in states other than Alabama Code of Alabama Title 26: Infants and Incompetents Chapter 10A: Alabama Adoption Code Sections 1-38 (This page was last updated on 08/02/13.) Section 26-10A-1 Short title. Section 26-10A-14 Withdrawal of consent or relinquishment. (b) When the person sought to be adopted is an adult, only the sworn, written consent of the adult person sought to be adopted shall be required and no order of reference or any home studies need be issued.
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.
Section 26-10A-15 Surrender of custody of minor under age of majority. If the adult person to be adopted has been adjudicated incompetent, the written consent of the adult person's guardian or conservator shall be required. 118, §1.) Section 26-10A-12 Persons who may take consent or relinquishments; forms.
A female person who is the biological mother of the minor or is treated by law as the mother. (3) Knowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship with the adoptee for a period of six months. The court must appoint independent counsel or a guardian ad litem for an incompetent parent for whom there has been no such prior appointment; (3) A parent who has relinquished his or her minor child to the department of human resources or a licensed child placing agency for an adoption; (4) A deceased parent or one who is presumed to be deceased under Alabama law; (5) An alleged father who has signed a written statement denying paternity; or (6) The natural father where the natural mother indicates the natural father is unknown, unless the natural father is otherwise made known to the court. (a) A consent or relinquishment shall be in writing, signed by the person consenting or relinquishing, and shall state the following: (1) The date, place, and time of execution.
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. He or she consents in writing to be adopted by an adult man and woman who are husband and wife. He and the adoptee's mother are or have been married to each other and the adoptee was born during the marriage, or within 300 days after the marriage was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation was entered by a court; or b.
(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.
(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.
After one 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 adoptee has been kidnapped.