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26-17-602
Section 26-17-602 Standing to maintain proceeding. Subject to Article 3 and Sections 26-17-607
and 26-17-609, a proceeding to adjudicate parentage may be maintained by: (1) the child; (2)
the mother of the child; (3) a man whose paternity of the child is to be adjudicated; (4)
the Alabama Department of Human Resources; (5) an authorized adoption agency or licensed child-placing
agency licensed in Alabama or any other state that is properly authorized to do business in
Alabama; (6) a representative authorized by law to act for an individual who would otherwise
be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or (7)
any interested person. (Act 2008-376, p. 666, §2.)...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall have
the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense. (2) CHILD.
A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed child daycare
center, a licensed childcare facility, or any other childcare service that is exempt from
licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous that a reasonable
person should know or recognize its location or its address has been provided to local law
enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea
of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication
was withheld. Conviction includes, but is not limited to, a conviction in a United States
territory, a conviction in a federal or military tribunal, including a court martial conducted
by the Armed Forces of the United States, a conviction for an offense committed...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile
court clerk, or their employees, with responsibility for docketing or otherwise carrying out
the court's clerical duties in regard to domestic relations matters, support and nonsupport
cases, including the receipt and disbursement of support payments. (2) COURT. Any juvenile
or family court division of the circuit or district court in the county where the mother of
the child resides or is found, in the county where the father resides or is found, or in the
county where the child resides or is found and, in the case of a petition seeking a divorce
or legal separation, a petition seeking a modification of support previously ordered under
a divorce decree or a petition seeking a contempt citation for failure to pay support previously
ordered under a divorce decree, the circuit court or the domestic...
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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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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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26-10A-33
Section 26-10A-33 Crime to place children for adoption. Only a parent, a parent of a deceased
parent, or a relative of the degree of relationship specified in Section 26-10A-28, the Department
of Human Resources or a licensed child placing agency, or an agency approved by the Department
of Human Resources may place a minor for adoption. No person or entity other than the Department
of Human Resources or a licensed child placing agency shall engage in the business of placing
minors for adoption. Any person or entity making more than two unrelated placements of minors
for adoption within the preceding twelve-month period shall be deemed to be in the business
of placing minors for adoption. Any other person who places a minor for adoption is guilty,
upon the first conviction, of a Class A misdemeanor and upon subsequent convictions is guilty
of a Class C felony. This section does not intend to make it unlawful for any person not engaged
in the business of placing minors for adoption to...
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43-8-48
Section 43-8-48 Parent and child relationship. If, for purposes of intestate succession, a
relationship of parent and child must be established to determine succession by, through,
or from a person: (1) An adopted person is the child of an adopting parent and not of the
natural parents except that adoption of a child by the spouse of a natural parent has no effect
on the right of the child to inherit from or through either natural parent; (2) In cases not
covered by subdivision (1) of this section, a person born out of wedlock is a child of the
mother. That person is also a child of the father, if: a. The natural parents participated
in a marriage ceremony before or after the birth of the child, even though the attempted marriage
is void; or b. The paternity is established by an adjudication before the death of the father
or is established thereafter by clear and convincing proof, but the paternity established
under this paragraph is ineffective to qualify the father or his kindred to...
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6-5-391
Section 6-5-391 Wrongful death of minor. (a) When the death of a minor child is caused by the
wrongful act, omission, or negligence of any person, persons, or corporation, or the servants
or agents of either, the father, or the mother as specified in Section 6-5-390, or, if the
father and mother are both dead or if they decline to commence the action, or fail to do so,
within six months from the death of the minor, the personal representative of the minor may
commence an action. (b) An action under subsection (a) for the wrongful death of the minor
shall be a bar to another action either under this section or under Section 6-5-410. (c) Any
damages recovered in an action under this section shall be distributed according to the laws
of intestate succession, Article 3 (commencing with Section 43-8-40) of Chapter 8 of Title
43. (Code 1876, §2899; Code 1886, §2588; Code 1896, §26; Code 1907, §2485; Code 1923,
§5695; Code 1940, T. 7, §119; Acts 1995, No. 95-774, p. 1834, §1.)...
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12-15-317
Section 12-15-317 Who may file petition. The Department of Human Resources, any public or private
licensed child-placing agency, parent, child, or any interested person may file a petition
to terminate the parental rights of a parent or parents of a child. (1) Mandatory filing of
petition by the Department of Human Resources. The Department of Human Resources shall be
required to file a petition to terminate the parental rights of a parent or parents of a child,
or if the petition has been filed by another party, shall seek to be joined as a party to
the petition, and, concurrently, to identify, recruit, process, and approve a qualified family
for adoption, in the following circumstances: a. In the case of a child who has been in foster
care in the custody of the Department of Human Resources for 12 of the most recent 22 months.
b. If a child has been abandoned. c. If the parent has committed murder of another child of
that parent. d. If the parent has committed manslaughter of another...
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26-17-201
Section 26-17-201 Establishment of parent-child relationship. (a) The mother-child relationship
may be established between a woman and a child by: (1) the woman's having given birth to the
child; (2) an adjudication of the woman's maternity; or (3) adoption of the child by the woman.
(b) The father-child relationship may be established between a man and a child by: (1) an
unrebutted presumption of the man's paternity of the child under Section 26-17-204; (2) an
effective acknowledgment of paternity by the man under Article 3, unless the acknowledgment
has been rescinded or successfully challenged; (3) an adjudication of the man's paternity;
(4) adoption of the child by the man; or (5) the man's having consented to assisted reproduction
by a woman under Article 7 which resulted in the birth of the child. (Act 2008-376, p. 666,
§2.)...
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