26-10A-18
Section 26-10A-18 Custody pending final decree. Once a petitioner has received the adoptee
into his or her home for the purposes of adoption and a petition for adoption has been filed,
an interlocutory decree shall be entered delegating to the petitioner (1) custody, except
custody shall be retained by the Department of Human Resources or the licensed child placing
agency which held custody at the time of the placement until the entry of the final decree
and (2) the responsibility for the care, maintenance, and support of the adoptee, including
any necessary medical or surgical treatment, pending further order of the court. This interlocutory
decree shall not stop the running of time periods prescribed in Section 26-10A-9. (Acts 1990,
No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)...
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26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
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26-10A-26
Section 26-10A-26 Appeals. (a) Appeals from any final decree of adoption shall be taken to
the Alabama Court of Civil Appeals and filed within 14 days from the final decree. (b) An
appeal from any final order or decree rendered under this chapter shall have priority in all
courts and shall have precedence over all other matters, except for other matters which have
been given priority by specific statutory provision or rule of court. The trial court may
enter further orders concerning the custody of the adoptee pending appeal. (c) If an order,
judgment, or decree rendered under this chapter is appealed, the party who files the appeal
shall cause notice of the appeal to be transmitted to all persons entitled to receive notice
pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment has been
implied under Section 26-10A-9 or whose consent or relinquishment is not required under Section
26-10A-10. Such notice of appeal shall set forth the pendency of the appeal...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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26-10A-19
Section 26-10A-19 Investigation. (a) A pre-placement investigation shall be made to determine
the suitability of each petitioner and the home in which the adoptee will be placed. The investigation
shall include a criminal background investigation and any other circumstances which might
be relevant to the placement of an adoptee with the petitioners. A copy of the pre-placement
investigation shall be filed with the court when the petition for adoption is filed. (b) An
individual or couple may initiate a pre-placement investigation by request directly through
the Department of Human Resources or a licensed child placing agency or by filing a request
with the probate court. The court may appoint any agency or individual qualified under subsection
(d) to perform the pre-placement investigation. Upon completion of the investigation, a copy
of the report shall be sent to the petitioners. The report is to be filed with the court at
the time of the filing of the petition for adoption. (c)...
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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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26-10-25
Section 26-10-25 Subsidies - Agreements; type; amount; duration; limitation. When parents are
found and approved for adoption of a child certified as eligible for subsidy, and before the
final decree of adoption is issued, there must be a written agreement between the State Department
of Human Resources and the adopting family as to the terms and conditions of the subsidy.
Upon determination of eligibility, adoption subsidies in individual cases may commence at
any time after the adoption placement or at the appropriate time after the adoption decree,
and will vary with the needs of the child and as negotiated with the adoptive parent or parents,
and according to, as well as the availability of, other resources to meet the child's needs.
The subsidy may be for special services only, or for money payments, payment deferred, and
either for a limited period, or for a long term, or for any combination of the foregoing.
The amount of the time-limited or long-term subsidy may in no case...
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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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30-3B-311
Section 30-3B-311 Warrant to take physical custody of child. (a) Upon the filing of a petition
seeking enforcement of a child custody determination, the petitioner may file a verified application
for the issuance of a warrant to take physical custody of the child if the child is imminently
likely to suffer serious physical harm or be removed from this state. (b) If the court, upon
the testimony of the petitioner or other witness, finds that the child is imminently likely
to suffer serious physical harm or be removed from this state, it may issue a warrant to take
physical custody of the child. The petition must be heard within 72 hours after the warrant
is executed unless impossible. In that event, the court shall hold the hearing on the next
judicial day. The application for the warrant must include the statements required by Section
30-3B-308(b). (c) A warrant to take physical custody of a child must: (1) Recite the facts
upon which a conclusion of imminent serious physical harm or...
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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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