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26-10A-8
Section 26-10A-8 Consent or relinquishment by a minor parent. (a) Prior to a minor parent giving
consent a guardian ad litem must be appointed to represent the interests of a minor parent
whose consent is required. Any minor, 14 years of age and beyond, can nominate a guardian
ad litem either prior to the birth of the baby or thereafter. (b) A consent or relinquishment
executed by a parent who is a minor shall not be subject to revocation by reason of such minority.
(c) A minor father may give his implied consent by his actions. If a court finds by conclusive
evidence that a minor father has given implied consent to the adoption, notice and the appointment
of a guardian ad litem shall not be necessary. (Acts 1990, No. 90-554, p. 912, §8; Act 99-435,
p. 857, §1.)...
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26-2-46
Section 26-2-46 Procedure where person alleged to be of unsound mind confined in hospital or
asylum. If the person alleged to be of unsound mind is a resident of the county and is at
the time of the application confined in a hospital or asylum within or without the state,
inquisition may be had and taken without notice to him or her , but, on the filing of the
application, the court must appoint a guardian ad litem to represent and defend for him or
her. It shall be the duty of such guardian by answer to put in issue the facts stated in the
application and to employ counsel at the expense of such person of unsound mind to appear
and defend him or her. (Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907,
§4351; Code 1923, §8109; Code 1940, T. 21, §15.)...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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26-5-2
Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. If not otherwise directed, the conservator must,
at least once in three years, file in the court of probate an account of his or her guardianship,
accompanied with the vouchers showing his or her receipts and disbursements, which must be
verified by affidavit. Upon the filing of such account and vouchers the court must appoint
a guardian ad litem to represent the ward. (Code 1852, §2022; Code 1867, §2421; Code 1876,
§2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940,
T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal representative,
must file in the court of probate a full account of the conservatorship, accompanied by the
vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court
must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-8-200
Section 43-8-200 Contest in circuit court after admission to probate - Parties; conclusiveness
of judgment. In the event a contest of the probate of a will is instituted in the circuit
court, as is or may be authorized by law, all parties interested in the probate of the will,
as devisees, legatees or otherwise, as well as those interested in the testator if he had
died intestate, as heirs, distributees or next of kin, shall be made parties to the contest;
and if there be minors or persons of unsound mind interested in the estate or in the probate
of the will, they shall be represented by their legal guardian, if such they have; if they
have no such guardian, the court shall appoint an attorney-at-law as guardian ad litem to
represent their interest in the contest, and the final judgment in such contest proceedings
shall be conclusive as to all matters which were litigated or could have been litigated in
such contest; and no further proceedings shall ever be entertained in any courts...
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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally; notification
of mother; filing of response; appointment of guardian ad litem; hearing; issuance of order
by court; certification of minutes of court to Office of Vital Statistics. (a) A father of
a bastard child may seek to legitimate it and render it capable of inheriting his estate by
filing a notice of declaration of legitimation in writing attested by two witnesses, setting
forth the name of the child proposed to be legitimated, its sex, supposed age, and the name
of mother and that he thereby recognizes it as his child and capable of inheriting his estate,
real and personal, as if born in wedlock. The declaration, being acknowledged by the maker
before the judge of probate of the county of the father's residence or the child's residence
or its execution proved by the attesting witnesses, shall be filed in the office of the judge
of probate of the father's residence or the child's residence. (b)...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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43-2-704
Section 43-2-704 Time for hearing; notice of hearing. The probate court, on the filing of such
report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom,
to hear and determine the same and must give notice to the creditors of and to all persons
interested in the estate of the filing of the report and the day appointed to hear and determine
the same by publication, once a week for three successive weeks, in some newspaper published
in the county or, if none is published therein, in a newspaper published nearest to the courthouse
of such county, and by posting such notice at the courthouse door for the same length of time
and by forwarding such notice by mail to all creditors and to all adult heirs or distributees
whose places of residence are known, and shall appoint guardians ad litem for all heirs or
distributees who are minors or of unsound mind. Upon the day appointed or on any other day
to which the hearing is continued, the court must proceed to...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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