Code of Alabama

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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(4) Whether a consent or relinquishment may be withdrawn.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-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-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-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-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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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings.
(a) If the allegations are denied, the juvenile court shall proceed to hear evidence on the
petition. If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that the child committed the acts by reason of which the
child is alleged to be delinquent or in need of supervision, the juvenile court shall record
its findings and proceed to determine whether the child is in need of care or rehabilitation.
If the juvenile court finds that the allegations in the petition have not been established,
the juvenile court shall dismiss the petition and order the child discharged from any detention
or temporary care, theretofore ordered in the proceedings. (b) If the child admits to the
allegations contained in the petition, the juvenile court shall record its findings and proceed
to determine whether the child is in need of care or rehabilitation. (c) When...
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12-15-211
Section 12-15-211 Suspension of proceedings and continuation of cases under terms and
conditions agreed to by parties. (a) The juvenile court may suspend delinquency or child in
need of supervision proceedings pursuant to a consent decree. The terms and conditions of
the consent decree shall be agreed to by the child and his or her parent, legal guardian,
or legal custodian. The consent decree shall be entered at any time after the filing of a
delinquency or child in need of supervision petition and before the entry of an adjudication
order. The child and his or her parent, legal guardian, or legal custodian shall be advised
of their rights, including the right to counsel. (b) Where an objection is made by the prosecutor,
the juvenile court, after considering the objection and the reasons therefor, shall proceed
to determine whether it is appropriate to enter a consent decree. (c) A consent decree shall
remain in force for six months unless the child is discharged sooner by the...
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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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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section,
the following words have the following meanings: (1) GRANDPARENT. The parent of a parent,
whether the relationship is created biologically or by adoption. (2) HARM. A finding by the
court, by clear and convincing evidence, that without court-ordered visitation by the grandparent,
the child's emotional, mental, or physical well-being has been, could reasonably be, or would
be jeopardized. (b) A grandparent may file an original action in a circuit court where his
or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild
or file a motion to intervene in any action when any court in this state has before it any
issue concerning custody of the grandchild, including a domestic relations proceeding involving
the parent or parents of the grandchild, for reasonable visitation rights with respect to
the grandchild if any of the following circumstances exist: (1) An action for...
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