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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a consent or relinquishment may be withdrawn.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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30-3B-209
Section 30-3B-209 Information to be submitted to court. (a) Except, as otherwise provided in
subsection (e), in a child custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to
the child's present address or whereabouts, the places where the child has lived during the
last five years, and the names and present addresses of the persons with whom the child has
lived during that period. The pleading or affidavit must state whether the party: (1) Has
participated, as a party or witness or in any other capacity, in any other proceeding concerning
the custody of or visitation with the child and, if so, identify the court, the case number,
and the date of the child custody determination, if any; (2) Knows of any proceeding that
could affect the current proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental rights,...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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26-10A-9
Section 26-10A-9 Implied consent or relinquishment. (a) A consent or relinquishment required
by Section 26-10A-7 may be implied by any of the following acts of a parent: (1) Abandonment
of the adoptee. Abandonment includes, but is not limited to, the failure of the father, with
reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period
of six months prior to the birth. (2) Leaving the adoptee without provision for his or her
identification for a period of 30 days. (3) Knowingly leaving the adoptee with others without
provision for support and without communication, or not otherwise maintaining a significant
parental relationship with the adoptee for a period of six months. (4) Receiving notification
of the pendency of the adoption proceedings under Section 26-10A-17 and failing to answer
or otherwise respond to the petition within 30 days. (5) Failing to comply with Section 26-10C-1.
(b) Implied consent under subsection (a) may not be withdrawn by...
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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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30-3-167
Section 30-3-167 Disclosure exceptions. (a) In order to protect the identifying information
of persons at risk from the effects of domestic violence or abuse, on a finding by the court
that the health, safety, or liberty of a person or a child would be unreasonably put at risk
by the disclosure of the identifying information required by Section 30-3-163 or Section 30-3-164
in conjunction with a proposed change of principal residence of a child or change of principal
residence of a person having custody of or rights of visitation with a child, the court may
order any or all of the following: (1) The specific residence address and telephone number
of a child or the person having custody of or rights of visitation with a child and other
identifying information shall not be disclosed in the pleadings, other documents filed in
the proceeding, or in any order issued by the court, except for in camera disclosures. (2)
The notice requirements provided by this article may be waived to the...
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17-4-6
Section 17-4-6 Information to be provided by state departments or agencies. (a) To continuously
and automatically identify the names of persons to be purged from the voters' list, the appropriate
state departments or agencies shall provide to the Secretary of State, as such information
is recorded by the departments, the names and identifying information set out below of any
person age 18 or older who: (1) Has died, with date of birth and Social Security number (if
such number is known), last known address with county of residence, and date of death, as
provided by the Office of Vital Statistics of the State Department of Public Health. (2) Has
been convicted of a felony, with date of birth and Social Security number (if such number
is known), last known address with county of residence, and date of conviction, as provided
by the Alabama Criminal Justice Information Systems. (b) The Secretary of State, upon the
receipt of the information pursuant to subsection (a), shall disseminate...
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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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12-15-137
Section 12-15-137 Proceedings for destruction of legal and social files and records of juvenile
courts pertaining to certain persons and effect thereof. (a) A person who has been the subject
of a delinquency petition and has met the conditions stipulated in subdivision (2) of subsection
(a) of Section 12-15-136, five years after reaching the age of majority, may file a motion
requesting the destruction of all records pertaining to his or her case. If the juvenile court
grants the motion, copies of the order shall be sent to all offices, departments, or agencies
that are repositories of the records, and all the offices, departments, and agencies shall
comply with the order. (b) Upon the entry of a destruction order, all references including
arrest, complaints, referrals, petitions, reports, and orders shall be removed from all department
or agency official and institutional files and destroyed. (c) A person who has been the subject
of a delinquency petition shall be notified of his or...
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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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