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26-10A-34
Section 26-10A-34 Payments to parent for placing minor for adoption; maternity expenses; receipt
of financial benefits by father. (a) It shall be a Class A misdemeanor for any person or agency
to offer to pay money or anything of value to a parent for the placement for adoption, for
the consent to an adoption, or for cooperation in the completion of an adoption of his or
her minor. It shall be a Class C felony for any person or agency to pay money or anything
of value to a parent for the placement of a child for adoption, for the consent to an adoption,
or for cooperation in the completion of an adoption of his or her minor. This section does
not make it unlawful to pay the maternity-connected medical or hospital and necessary living
expenses of the mother preceding and during pregnancy-related incapacity as an act of charity,
as long as the payment is not contingent upon placement of the minor for adoption, consent
to the adoption, or cooperation in the completion of the adoption. (b)...
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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-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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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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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-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-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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26-23A-4
Section 26-23A-4 Voluntary and informed consent required for abortion. Except in the case of
a medical emergency, no abortion shall be performed or induced without the voluntary and informed
consent of the woman upon whom the abortion is to be performed or induced. Except in the case
of a medical emergency, consent to an abortion is voluntary and informed if and only if: (a)
At least 48 hours before the abortion, the physician who is to perform the abortion, the referring
physician, or a qualified person has informed and provided the woman in person, or by return
receipt certified mail restricted delivery, and if by mail, again in person prior to the abortion,
a copy of the printed materials in Section 26-23A-5 which list agencies that offer assistance,
adoption agencies, development of the unborn child, methods and risks of abortion and childbirth,
father's obligations, and alternatives to abortion. Mailing of the materials in Section 26-23A-5
may be arranged by telephone. (b) Prior...
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45-29-140.05
Section 45-29-140.05 Powers of authority; rates and charges. (a) The authority shall have the
following powers, together with all powers incidental thereto or necessary to the discharge
thereof in corporate form: (1) To have succession by its corporate name for the duration of
time specified in its certificate of incorporation. (2) To sue and be sued in its own name
in civil actions, except as otherwise provided in this article, and to defend civil actions
against it. (3) To adopt and make use of a corporate seal and to alter the same at pleasure.
(4) To adopt and alter bylaws for the regulation and conduct of its affairs and business.
(5) To acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to
hold property of every description, real, personal, or mixed, whether located in one or more
counties and whether located within or outside the service area. (6) To make, enter into,
and execute such contracts, agreements, leases, and other instruments and to take...
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45-38-141.05
Section 45-38-141.05 Powers of authority; rates and charges. (a) The authority shall have the
following powers, together with all powers incidental thereto or necessary to the discharge
thereof in corporate form: (1) To have succession by its corporate name for the duration of
time specified in its certificate of incorporation. (2) To sue and be sued in its own name
in civil actions, except as otherwise provided in this part, and to defend civil actions against
it. (3) To adopt and make use of a corporate seal and to alter the same at pleasure. (4) To
adopt and alter bylaws for the regulation and conduct of its affairs and business. (5) To
acquire, receive, and take, by purchase, gift, lease, devise, or otherwise, and to hold property
of every description, real, personal, or mixed, whether located in one or more counties and
whether located within or outside the service area. (6) To make, enter into, and execute such
contracts, agreements, leases, and other instruments and to take such...
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