26-10A-13
Section 26-10A-13 Time of consent or relinquishment; filing with court. (a) A consent
or relinquishment may be taken at any time, except that once signed or confirmed, may be withdrawn
within five days after birth or within five days after signing of the consent or relinquishment,
whichever comes last. (b) Consent or relinquishment can be withdrawn if the court finds that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. (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. (Acts 1990, No. 90-554, p. 912, §13.)...
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26-10A-14
Section 26-10A-14 Withdrawal of consent or relinquishment. (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once signed or confirmed, may not be withdrawn except: (1) As provided in Section 26-10A-13;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 or her 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. (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...

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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent
of the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent
to the petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. 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. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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26-10A-11
Section 26-10A-11 Consent or relinquishment. (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. (2) The date of birth or if prior to birth expected
date of birth of the adoptee and any names by which the adoptee has been known. (3) The relationship
of the person consenting or relinquishing to the adoptee. (4) The name of each petitioner,
unless (i) the document is relinquishment of the adoptee to an agency, or (ii) the consent
contains a statement that the person executing the consent knows that he or she has a right
to know the identity of each petitioner but voluntarily waives this right. (5) That the person
executing the document is voluntarily and unequivocally consenting to the adoption of the
named adoptee. (6) That by signing the document and subsequent court order to ratify the consent,
the person executing the document understands that he or she will...
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26-10A-17
Section 26-10A-17 Notice of petition. (a) Unless service has been previously waived,
notice of pendency of the adoption proceeding shall be served by the petitioner on: (1) Any
person, agency, or institution whose consent or relinquishment is required by Section
26-10A-7, unless parental rights have been terminated pursuant to Section 12-15-319.
(2) The legally appointed custodian or guardian of the adoptee. (3) The spouse of any petitioner
who has not joined in the petition. (4) The spouse of the adoptee. (5) The surviving parent
or parents of a deceased parent of the adoptee unless parental rights have been terminated
pursuant to Section 12-15-319. (6) Any person known to the petitioners as currently
having physical custody of the adoptee, excluding foster parents or other private licensed
agencies, or having visitation rights with the adoptee under an existing court order. (7)
The agency or individual authorized to investigate the adoption under Section 26-10A-19.
(8) Any other...
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26-10A-9
Section 26-10A-9 Implied consent or relinquishment. (a) A consent or relinquishment
required by Section 26-10A-7 may be implied by any of the following acts of a parent:
(1) Abandonment of the adoptee. 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. (2) Leaving the adoptee without provision
for his or her identification for a period of 30 days. (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. (4) Receiving
notification of the pendency of the adoption proceedings under Section 26-10A-17 and
failing to answer or otherwise respond to the petition within 30 days. (5) Failing to comply
with Section 26-10C-1. (b) Implied consent under subsection (a) may not be withdrawn
by...
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26-21-3
Section 26-21-3 Written consent of parent or guardian to performing abortion on unemancipated
minor; written statement where abortion to be performed on emancipated minor; waiver of consent
requirement; coercion; forms. (a) Except as otherwise provided in subsections (b) and (d)
of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform
an abortion upon an unemancipated minor unless the physician or his or her agents first obtain
the written consent of either parent or the legal guardian of the minor. (b) The physician
who shall perform the abortion or his or her agents shall obtain or be provided with the written
consent from either parent or legal guardian stating the names of the minor, parent, or legal
guardian, that he or she is informed that the minor desires an abortion and does consent to
the abortion, the date, and the consent shall be signed by either parent or legal guardian.
The signatures of the parents, parent, or legal guardian shall be affixed...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is
filed, the court shall set the matter for a contested hearing to determine: (1) Whether the
best interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a
person capable of being adopted by the petitioner in accordance with the requirements of this
chapter. (3) Whether an actual or implied consent or relinquishment to the adoption is valid.
(4) Whether a consent or relinquishment may be withdrawn. (b) The court shall give notice
of the contested hearing by certified mail to all parties who have appeared before the court.
The moving party and each petitioner shall be present at the contested hearing. The guardian
ad litem shall appear and represent the interests of the adoptee. (c) The court may continue
the hearing from time to time to permit notice to all parties, or to permit further discovery,
observation, investigation, or consideration of any fact or circumstances...
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26-10A-16
Section 26-10A-16 Petition. (a) A petition for adoption shall be filed with the clerk
of the court within 30 days after the minor is placed with the prospective adoptive parent
or parents for purposes of adoption unless the minor is in custody of the Department of Human
Resources or a licensed child placing agency except that a petition for good cause shown may
be filed beyond the 30-day period. The petition shall be signed, and verified by each petitioner,
and shall allege: (1) The full name, age, and place of residence of each petitioner and, if
married, the place and date of marriage; (2) The date and place of birth of the adoptee, except
in the case of abandonment; (3) The birth name of the adoptee, any other names by which the
adoptee has been known, and the adoptee's proposed new name; (4) Where the adoptee is residing
at the time of the filing of the petition, and if the minor is not in the custody of a petitioner,
when he, she, or they intend to acquire custody; (5) That each...
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