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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-2
Section 26-10A-2 Definitions. The following words and phrases shall have the following meaning
whenever used in this chapter except where the context clearly indicates a different meaning:
(1) ABANDONMENT. A voluntary and intentional relinquishment of the custody of a minor by parent,
or a withholding from the minor, without good cause or excuse, by the parent, of his or her
presence, care, love, protection, maintenance, or the opportunity for the display of filial
affection, or the failure to claim the rights of a parent, or the failure to perform the duties
of a parent. (2) ADOPTEE. The person being adopted. (3) ADULT. A person who is 19 years of
age or older or who by statute is otherwise deemed an adult. (4) CONSENT. Voluntarily agreeing
to adoption. (5) FATHER. A male person who is the biological father of the minor or is treated
by law as the father. (6) LICENSED CHILD PLACING AGENCY. Any adoption agency that is licensed
under the provisions of the Alabama Child Care Act of 1971...
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22-9A-11
Section 22-9A-11 Court reports of adoption. (a) For each adoption decreed by a court of competent
jurisdiction in this state, the court shall require the preparation of a report of adoption
on a form prescribed and furnished by the State Registrar. The report shall indicate those
facts necessary to locate and identify the certificate of birth of the person adopted or in
the case of a person who was born in a foreign country, evidence from sources determined to
be reliable by the court as to the date and place of birth of the person. The report shall
provide information necessary to establish a new certificate of birth of the person adopted,
identify the order of adoption, and be certified by the clerk of the court. (b) Information
necessary to prepare the report of adoption shall be furnished by each petitioner for adoption
or his or her attorney. The child-placing agency or any person having knowledge of the facts
shall supply the court with additional information as may be necessary...
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26-10A-28
Section 26-10A-28 Adoption by other relatives. A grandfather, a grandmother, great-grandfather,
great-grandmother, great-uncle, great-aunt, a brother, or a half-brother, a sister, a half-sister,
an aunt or an uncle of the first degree and their respective spouses, if any may adopt a minor
grandchild, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a
minor nephew, a minor niece, a minor great-grandchild, a minor great niece or a minor great
nephew, according to the provisions of this chapter, except that: (1) Before the filing of
the petition for adoption, the adoptee must have resided for a period of one year with the
petitioner, unless this filing provision is waived by the court for good cause shown; (2)
No investigation under Section 26-10A-19 shall occur unless otherwise directed by the court;
and (3) No report of fees and charges under Section 26-10A-23 shall be made unless ordered
by the court. (Acts 1990, No. 90-554, p. 912, ยง28.)...
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26-10A-23
Section 26-10A-23 Fees and charges. (a) No person, organization, group, agency, or any legal
entity may accept any fee whatsoever for bringing the adopting parent or parents together
with the adoptee or the natural parents. A violation of this section shall be punished under
Section 26-10A-33. (b) Prior to payment, the petitioners must file with the court a full accounting
of all charges for expenses, fees, or services they or persons acting on their behalf will
be paying relating to the adoption. Payment may be made only with court approval except that
fees may be placed in an escrow account prior to court approval. The court may not refuse
to approve a fee for documented services on the sole basis that a child has not been placed.
The court shall approve all reasonable fees and expenses unless determined by the court to
be unreasonable based upon specific written findings of fact. (c) The petitioner must file
a sworn statement that is a full accounting of all disbursements paid in...
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26-10A-10
Section 26-10A-10 Persons whose consents or relinquishments are not required. 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.
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...
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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following
meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services,
deferred payment, or any combination thereof that is provided to a child with special needs
or circumstances after submission of an application to the department. (2) AGENCY. The department
or a child welfare agency which is authorized in its license issued by the department to place
children for adoption. (3) APPLICATION. The submission to the department of a complete application
as defined by the department with documentation of the child's special needs. (4) CHILD. An
individual under 19 years of age, or an individual 19 or 20 years of age and eligible for
Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department,
or a public or voluntary licensed child-placing agency, b. legally free for adoption and c.
in special need or circumstances because he or she is...
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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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12-15-320
Section 12-15-320 Dispositions. (a) Termination of parental rights cases shall be given priority
over other cases. The trial on the petition for termination of parental rights shall be completed
within 90 days after service of process has been perfected. The trial court judge shall enter
a final order within 30 days of the completion of the trial. (b) If the juvenile court determines
that the parents of a child are unwilling or unable to act as parents and terminates their
parental rights, it may do the following: (1) Transfer or continue the permanent legal custody
of the child to the Department of Human Resources or to any public or private licensed child-placing
agency able and willing to assume the care and maintenance of the child. An order of the juvenile
court which terminates parental rights and awards permanent legal custody to the Department
of Human Resources or to a licensed child-placing agency shall mean that the Department of
Human Resources or the licensed child-placing...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child's parent,
legal guardian, or legal custodian who is an approved foster parent, who is a relative of
the child, and who has been providing care and support for the child while the child has been
residing in the caregiver's home for at least the last six consecutive months while in the
legal custody of the Department of Human Resources, a designated official for a child-placing
agency, or a successor guardian. (2) CHILD. An individual under 18 years of age who is in
foster care with the caregiver and over whom a court has exercised continuing jurisdiction.
(3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources. (5) KINSHIP
GUARDIAN. A caregiver who is willing to assume care of a child because of parental incapacity
of a parent, legal guardian, legal custodian, or other dependency...
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