Alabama 2023 Regular Session

Alabama House Bill HB101 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HB101ENROLLED~~
	1	+	HB101INTRODUCED
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3		-	IV7IWW-3
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4	4		By Representatives Shaver, Kitchens, Wood (D), Collins,
5	5		Almond, Shirey, Crawford, Estes, Gidley, Simpson, Sorrells,
6	6		Marques, Lee, Smith, Standridge, Wadsworth, Brown, Ingram,
7	7		Mooney, Moore (P), Butler, Lipscomb, Kirkland, Shaw, Givens,
8		-	Colvin, Rigsby, Shedd, Woods, Robertson, Lomax, Stadthagen,
9		-	Sells, Hulsey, DuBose, Wilcox, Lamb, Hill, Holk-Jones, Hurst,
10		-	Underwood, Cole, Harrison, Ledbetter, Reynolds
	8	+	Colvin, Rigsby, Shedd, Woods, Robertson (C), Lomax,
	9	+	Stadthagen, Sells, Hulsey, DuBose, Wilcox, Lamb, Hill,
	10	+	Holk-Jones, Hurst, Underwood, Cole, Harrison, Ledbetter,
	11	+	Reynolds
11	12		RFD: Children and Senior Advocacy
12	13		First Read: 07-Mar-23
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25		-	Enrolled, An Act,
26		-	Relating to adoption; to add Chapter 10E and Chapter
27		-	10F to Title 26 of the Code of Alabama 1975, and Section
28		-	12-15-115.1 to the Code of Alabama 1975; to amend Section
29		-	12-15-133 of the Code of Alabama 1975; to repeal Section
30		-	12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title
31		-	26 of the Code of Alabama 1975; to create the Alabama Minor
32		-	Adoption Code and the Alabama Adult Adoption Code; to provide
33		-	for jurisdictional and procedural requirements relating to
34		-	adoptions; to provide for the communication of certain courts
35		-	handling adoption-related proceedings; to provide that certain
36		-	individuals must consent to an adoption; to provide for the
37		-	confidentiality of certain adoption records; to provide for
38		-	investigative requirements for the adoption of a minor; to
39		-	provide procedures to adopt an adult; and in connection
40		-	therewith would have as its purpose or effect the requirement
41		-	of a new or increased expenditure of local funds within the
42		-	meaning of Section 111.05 of the Constitution of Alabama of
43		-	2022.
44		-	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
45		-	Section 1. Chapter 10E is added to Title 26 of the Code
46		-	of Alabama 1975, to read as follows:
47		-	§26-10E-1
48		-	This chapter shall be known as and may be cited as the
49		-	Alabama Minor Adoption Code.
50		-	§26-10E-2
51		-	For the purposes of this chapter, the following terms
	27	+	SYNOPSIS:
	28	+	Under existing law, the Alabama Adoption Code
	29	+	provides for adoption procedures.
	30	+	This bill would repeal the Alabama Adoption Code
	31	+	and replace it with the Alabama Minor Adoption Code and
	32	+	the Alabama Adult Adoption Code.
	33	+	This bill would provide jurisdictional
	34	+	requirements for adoptions and contests to adoptions
	35	+	and allow certain courts handling adoption-related
	36	+	proceedings to communicate with one another.
	37	+	This bill would require certain individuals to
	38	+	consent to an adoption, provide limitations as to when
	39	+	consent may be withdrawn, and provide for the contest
	40	+	of an adoption in certain situations.
	41	+	This bill would expand on the confidentiality
	42	+	procedures related to adoptions and adoption records.
	43	+	This bill would provide further for
	44	+	pre-placement and post-placement investigations of
	45	+	individuals petitioning to adopt a minor and would
	46	+	require reference letters, certain background checks,
	47	+	and other additional records before the adoption of a
	48	+	minor may be finalized.
	49	+	This bill would clarify procedures for a
	50	+	relative or stepparent to adopt a minor.
	51	+	This bill would provide for the adoption of an
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	81	+	adult, including who may adopt an adult, the procedures
	82	+	to adopt an adult, and whose consent is required to
	83	+	adopt an adult.
	84	+	This bill would provide that an investigation is
	85	+	not required for the adoption of an adult, unless the
	86	+	court so orders.
	87	+	Section 111.05 of the Constitution of Alabama of
	88	+	2022, prohibits a general law whose purpose or effect
	89	+	would be to require a new or increased expenditure of
	90	+	local funds from becoming effective with regard to a
	91	+	local governmental entity without enactment by a 2/3
	92	+	vote unless: it comes within one of a number of
	93	+	specified exceptions; it is approved by the affected
	94	+	entity; or the Legislature appropriates funds, or
	95	+	provides a local source of revenue, to the entity for
	96	+	the purpose.
	97	+	The purpose or effect of this bill would be to
	98	+	require a new or increased expenditure of local funds
	99	+	within the meaning of the amendment. However, the bill
	100	+	does not require approval of a local governmental
	101	+	entity or enactment by a 2/3 vote to become effective
	102	+	because it comes within one of the specified exceptions
	103	+	contained in the amendment.
	104	+	A BILL
	105	+	TO BE ENTITLED
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	135	+	AN ACT
	136	+	Relating to adoption; to add Chapter 10E and Chapter
	137	+	10F to Title 26 of the Code of Alabama 1975, and Section
	138	+	12-15-115.1 to the Code of Alabama 1975; to amend Section
	139	+	12-15-133 of the Code of Alabama 1975; to repeal Section
	140	+	12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title
	141	+	26 of the Code of Alabama 1975; to create the Alabama Minor
	142	+	Adoption Code and the Alabama Adult Adoption Code; to provide
	143	+	for jurisdictional and procedural requirements relating to
	144	+	adoptions; to provide for the communication of certain courts
	145	+	handling adoption-related proceedings; to provide that certain
	146	+	individuals must consent to an adoption; to provide for the
	147	+	confidentiality of certain adoption records; to provide for
	148	+	investigative requirements for the adoption of a minor; to
	149	+	provide procedures to adopt an adult; and in connection
	150	+	therewith would have as its purpose or effect the requirement
	151	+	of a new or increased expenditure of local funds within the
	152	+	meaning of Section 111.05 of the Constitution of Alabama of
	153	+	2022.
	154	+	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	155	+	Section 1. Chapter 10E is added to Title 26 of the Code
	156	+	of Alabama 1975, to read as follows:
	157	+	§26-10E-1
	158	+	This chapter shall be known as and may be cited as the
	159	+	Alabama Minor Adoption Code.
	160	+	§26-10E-2
	161	+	For the purposes of this chapter, the following terms
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81	191		have the following meanings:
82	192		(1) ABANDONMENT. Any of the following:
83	193		a. The voluntary and intentional failure or refusal,
84	194		without good cause or excuse, to claim the rights of a parent.
85	195		b. The voluntary and intentional failure or refusal,
86	196		without good cause or excuse, to perform the duties of a
87	197		parent.
88	198		c. The voluntary and intentional relinquishment,
89	199		without good cause or excuse, of the custody of a minor by a
90	200		parent.
91	201		d. The voluntary and intentional withholding from the
92	202		minor by the parent, without good cause or excuse, of his or
93	203		her presence, care, love, protection, support, maintenance, or
94	204		display of filial affection.
95	205		(2) ADOPTEE. The individual being adopted.
96	206		(3) ADOPTION. The judicial act of creating the legal
97	207		relationship of parent and minor which previously did not
98	208		legally exist.
99	209		(4) ADULT. An individual who is 19 years of age or
100	210		older, who has reached the majority age in the state in which
101	211		he or she resides, or who is otherwise deemed an adult by
102	212		statute or by court order.
103	213		(5) CONSENT. Voluntarily agreeing to adoption.
104	214		(6) COURT REPRESENTATIVE. An individual appointed in an
105	215		adoption proceeding trained in law, health care, counseling,
106	216		social work, or other specialty, who is an officer, employee,
107	217		or special appointee of the court, and has no personal
108	218		interest in the proceeding.
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138	248		(7) GRANDPARENT. The parent of a parent, whether the
139	249		relationship is created biologically or by adoption.
140	250		(8) LEGAL FATHER. A male individual whose legal status
141	251		as the father of the adoptee has been established through
142	252		adoption, legitimation, adjudication, acknowledgment,
143	253		presumption, or operation of law under the laws of this or any
144	254		other state, and whose parental rights have not been
145	255		terminated.
146	256		(9) LEGAL MOTHER. A female individual whose legal
147	257		status as the mother of the adoptee has been established
148	258		through adoption, legitimation, adjudication, acknowledgment,
149	259		presumption, or operation of law under the laws of this or any
150	260		other state, and whose parental rights have not been
151	261		terminated.
152	262		(10) LICENSED CHILD PLACING AGENCY. Any adoption agency
153	263		that is licensed under the provisions of the Alabama Child
154	264		Care Act of 1971, Chapter 7 of Title 38, Code of Alabama 1975,
155	265		or any adoption agency approved by the State Department of
156	266		Human Resources.
157	267		(11) MARRIED COUPLE. Two individuals who are currently
158	268		lawfully married in accordance with the laws of this state or
159	269		any other jurisdiction.
160	270		(12) MINOR. An individual 18 years of age or younger or
161	271		an individual who is not an adult under the law in the
162	272		jurisdiction where he or she resides.
163	273		(13) MINOR PARENT. An individual 18 years of age or
164	274		younger or an individual who is not an adult under the law in
165	275		the jurisdiction where he or she resides who is the biological
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195	305		or legal parent of the adoptee.
196	306		(14) PARENT. The biological or legal mother or father
197	307		of the adopted minor.
198	308		(15) PARTY. Any individual who appears before the court
199	309		for the purposes of petitioning for adoption, consenting to an
200	310		adoption, withdrawing a consent to adoption, contesting an
201	311		adoption, securing grandparent visitation rights to an
202	312		adoptee, or setting aside all or part of a final judgment of
203	313		adoption, or any other person deemed to be a party by the
204	314		court. This term does not include the adoptee.
205	315		(16) PUTATIVE FATHER. The alleged or reputed biological
206	316		father of the adoptee, unless the issue of paternity has been
207	317		resolved adversely to that individual by final judgment of a
208	318		court of competent jurisdiction.
209	319		(17) RELINQUISHMENT. Giving up the legal and physical
210	320		custody of a minor to a licensed child placing agency or the
211	321		Department of Human Resources for the sole purpose of
212	322		placement for adoption.
213	323		(18) SPOUSE. The individual who is lawfully married to
214	324		the petitioner or the legal father or the legal mother at the
215	325		time of the adoption proceedings.
216	326		(19) STEPPARENT. An individual who is the spouse or
217	327		surviving spouse of a legal mother or legal father of a minor,
218	328		but who is not a legal parent of the minor and who is not a
219	329		former spouse by reason of divorce or annulment of the
220	330		marriage.
221	331		§26-10E-3
222	332		(a) The probate court shall have original jurisdiction
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252	362		over cases brought pursuant to this chapter. No other court of
253	363		this state shall have jurisdiction over a case brought under
254	364		this chapter unless the case, or part of the case, has been
255	365		transferred from the probate court to the other court in
256	366		accordance with this section.
257	367		(b) If any parent whose consent is required fails to
258	368		consent or is unable to consent to the adoption of a minor,
259	369		upon a motion of a party, the case shall be transferred from
260	370		the probate court to the appropriate juvenile court for the
261	371		limited purpose of considering the termination of the parental
262	372		rights of the non-consenting parent. Upon entry of a final
263	373		judgment adjudicating the claim for termination of parental
264	374		rights, the juvenile court shall return the case to the
265	375		probate court for further dispositional proceedings. The
266	376		dispositional proceedings shall be stayed pending any appeal
267	377		of the final judgment of the juvenile court.
268	378		(c) If, at any time during the pendency of a case under
269	379		this chapter concerning the adoption of a minor, an action is
270	380		pending in a circuit court or a juvenile court of this state
271	381		concerning the custody or parentage of the minor, any party to
272	382		the case, or the probate court on its own motion, may move to
273	383		stay the case or to transfer the case to the circuit court or
274	384		the juvenile court in which the other action is pending. Upon
275	385		transfer, the transferee court shall have jurisdiction to
276	386		decide all matters relating to the adoption and to enter a
277	387		final judgment resolving the adoption case. After entry of the
278	388		final judgment by the transferee court, the probate court
279	389		shall have limited jurisdiction over the case to assure
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309	419		compliance with Sections 26-10E-30 and 26-10E-31.
310	420		(d) On motion of either party or of the probate court,
311	421		a contest of an adoption under Section 26-10E-23 that is
312	422		pending in a probate court shall be transferred to the
313	423		juvenile court for the limited purpose of adjudicating the
314	424		contest. After entry of a final judgment adjudicating the
315	425		contest, the juvenile court shall return the case to the
316	426		probate court for further dispositional proceedings, which
317	427		dispositional proceedings shall be stayed pending any appeal
318	428		of the final judgment.
319	429		(e) The provisions of this chapter shall remain
320	430		applicable to any case transferred to a juvenile court or a
321	431		circuit court pursuant to this section.
322	432		(f) Once an adoption proceeding in the juvenile court
323	433		has been completed, a copy of all the juvenile court records,
324	434		including filings and documents originally sent by the probate
325	435		court upon transfer to the juvenile court shall be forwarded
326	436		to the original probate court. All other filings and documents
327	437		that are retained by the juvenile court pertaining to the
328	438		adoption proceeding shall be sealed, kept as a permanent
329	439		record of the court, and withheld from inspection except as
330	440		otherwise ordered by the court for good cause shown.
331	441		(g) Notwithstanding any law regarding the
332	442		confidentiality of records and court proceedings involving a
333	443		minor or adoptee, a court may communicate with another court
334		-	~~of this state,~~ another state, or another country in the same
335		-	~~manner as~~ provided in Section 30-3B-110, and a court may share
336		-	~~records~~ with another court of this state, another state, or
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366		-	~~another~~ country for the limited purposes of determining any
	444	+	another state, or another country in the same manner as
	445	+	provided in Section 30-3B-110, and a court may share records
	446	+	with another court of this state, another state, or another
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	476	+	country for the limited purposes of determining any
367	477		jurisdictional issues regarding a case involving the adoption
368	478		of an adoptee pursuant to this chapter.
369	479		§26-10E-3.1
370	480		Jurisdiction over a child custody case involving an
371	481		adoptee is governed by the Uniform Child Custody Jurisdiction
372	482		and Enforcement Act, commencing with Section 30-3B-101.
373	483		§26-10E-4
374	484		(a) A petition for adoption may be filed in the probate
375	485		court in any of the following counties:
376	486		(1) The county in which the adoptee is born, resides,
377	487		or has a legal domicile.
378	488		(2) The county in which a petitioner resides or is in
379	489		military service.
380	490		(3) The county in which an office of any agency or
381	491		institution operating under the laws of this state having
382	492		guardianship or custody of an adoptee is located.
383	493		(b) Notwithstanding subsection (a), a petition for
384	494		adoption may be filed in the probate court in another county
385	495		if any of the following apply:
386	496		(1) The petitioner shows good cause on the record as to
387	497		why the probate court selected should exercise venue over the
388	498		adoption case.
389	499		(2) No party objects to the probate court selected
390	500		within 30 days of service of the petition.
391	501		(3) The probate court selected determines in writing
392	502		that it is in the best interests of the adoptee for the
393	503		probate court to exercise venue over the adoption case.
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423	533		§26-10E-5
424	534		(a) An unmarried individual or a married couple may
425	535		petition to adopt a minor.
426	536		(b) An unmarried couple may not adopt a minor.
427	537		(c) A group of more than two persons may not adopt a
428	538		minor.
429	539		(d) If a petitioner is married, the petition for
430	540		adoption shall be filed jointly by both spouses; provided,
431	541		however, that when the minor is a stepchild of the party
432	542		seeking to adopt, the petition shall be filed in the name of
433	543		the stepparent alone.
434	544		(e) Each petitioner seeking to adopt a minor must be
435	545		all of the following:
436	546		(1) An adult.
437	547		(2) At least 10 years older than the adoptee, unless
438	548		either of the following are true:
439	549		a. The petitioner is a stepparent or relative and files
440	550		for adoption pursuant to Sections 26-10E-27 or 26-10E-28.
441	551		b. The probate court finds, based on evidence in the
442	552		record, that the adoption is in the best interests of the
443	553		adoptee.
444	554		(3) A bona fide resident of this state at the filing of
445	555		the petition for adoption or a bona fide resident of the
446	556		receiving state when the adoptee was born in this state and
447	557		was placed in compliance with Sections 38-7-15 and 44-2-20
448	558		relating to the Interstate Compact on the Placement of
449	559		Children.
450	560		(f) No rule or regulation of any state department shall
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480		-	prevent an adoption by a petitioner solely because the
481		-	petitioner is employed outside the home. The Department of
482		-	Human Resources may require the petitioner to remain in the
483		-	home with an adoptee for a reasonable period of time, not to
484		-	exceed 60 calendar days, when the department determines that
485		-	the adoptee requires the presence of the petitioner to ensure
486		-	his or her adjustment.
487		-	(g) No rule or regulation of any state department shall
488		-	prevent an adoption by an unmarried petitioner solely because
489		-	the petitioner is unmarried. No rule or regulation of any
490		-	state department shall prevent an adoption solely because the
491		-	petitioner is of a certain age, except as provided in
492		-	subsection (e).
493		-	(h) The Department of Human Resources shall provide by
494		-	rule the process through which an individual seeking to
495		-	participate in foster care or adoption may apply for an
496		-	exemption from any vaccination requirement for religious or
497		-	other appropriate reason for himself, herself, or any other
498		-	individual in his or her household.
499		-	§26-10E-6
500		-	Any minor who is available for adoption may be adopted
501		-	under this chapter.
502		-	§26-10E-7
503		-	(a) Consent to the petitioner's adoption or
504		-	relinquishment for adoption to the Department of Human
505		-	Resources or a licensed child placing agency shall be required
506		-	by all of the following:
507		-	(1) The adoptee, if 14 years of age or older, except
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537		-	when the court finds that the adoptee does not have the mental
538		-	capacity to give consent.
539		-	(2) The adoptee's legal mother or mothers.
540		-	(3) The adoptee's legal father or fathers.
541		-	(4) If the adoptee has no legal father, the putative
542		-	father if made known by the mother or is otherwise made known
543		-	to the court, provided he complies with Section 26-10C-1 and
544		-	responds within 30 days to the notice received under Section
545		-	26-10E-17(a).
546		-	(5) Any legal custodian or legal guardian of the
547		-	adoptee if both parents are dead or presumed dead, if the
548		-	rights of the parents have been terminated by judicial
549		-	proceedings, or if the consent of both parents is otherwise
550		-	not required pursuant to Section 26-10E-10, and if any legal
551		-	custodian or legal guardian has authority by order of the
552		-	court to consent to the adoption except that the court may
553		-	grant the adoption without the consent of that legal custodian
554		-	or legal guardian if the court determines that such consent
555		-	was unreasonably withheld.
556		-	(6) The Department of Human Resources, if the minor has
557		-	been relinquished to it for the purposes of adoption or it
558		-	otherwise holds temporary or permanent custody of the minor,
559		-	except that the court may grant the adoption without the
560		-	consent of the department if the adoption is in the best
561		-	interests of the adoptee and there is a finding by the court
562		-	the department has unreasonably withheld its consent.
563		-	(7) The licensed child placing agency to which the
564		-	child has been relinquished for adoption, except that the
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594		-	~~court may grant the~~ adoption ~~without~~ the ~~consent of the agency~~
595		-	if the ~~adoption is in~~ the ~~best interests~~ of ~~the adoptee and~~
596		-	~~there is a finding by~~ the ~~court~~ the ~~agency has unreasonably~~
597		-	~~withheld its consent.~~
598		-	~~(b) The Director of~~ the Department ~~of Human Resources~~
599		-	or the ~~designee~~ of the ~~director and the executive head of a~~
600		-	~~licensed child placing agency may appoint an employee of the~~
601		-	~~department~~ or ~~agency to give or to deny consent for adoption~~
602		-	~~of adoptee.~~
603		-	~~(c) Notwithstanding~~ any ~~law to the contrary, a court~~
604		-	~~having jurisdiction over a case under this chapter~~ shall ~~have~~
605		-	~~the power to determine the biological or legal parentage~~ of a
606		-	~~minor to ascertain whose consent shall be required or to~~
607		-	~~adjudicate any other claim or issue in the case.~~
608		-	~~§26-10E-8~~
609		-	~~(a) Prior to a minor parent's giving express consent to~~
610		-	~~an adoption or executing a relinquishment for adoption, a~~
611		-	~~guardian ad litem must be appointed~~ to ~~represent~~ the ~~interests~~
612		-	of the ~~minor parent whose consent is required. Any minor~~
613		-	~~parent, 14 years of age and older, may nominate~~ a ~~guardian ad~~
614		-	~~litem either prior to the birth~~ of the ~~adoptee or thereafter.~~
615		-	(b) ~~A minor parent may give his~~ or ~~her implied consent~~
616		-	~~to an adoption in~~ the ~~same manner as an adult parent under~~
617		-	~~Section 26-10E-9~~. ~~If a court finds by clear and convincing~~
618		-	~~evidence that a minor parent has given implied consent to~~ the
619		-	~~adoption, notice and~~ the ~~appointment of a guardian ad litem~~
620		-	~~shall not be necessary.~~ The ~~implied consent of a minor parent~~
621		-	~~may not be withdrawn.~~
	590	+	prevent an adoption by a petitioner solely because the
	591	+	petitioner is employed outside the home. The Department of
	592	+	Human Resources may require the petitioner to remain in the
	593	+	home with an adoptee for a reasonable period of time, not to
	594	+	exceed 60 calendar days, when the department determines that
	595	+	the adoptee requires the presence of the petitioner to ensure
	596	+	his or her adjustment.
	597	+	(g) No rule or regulation of any state department shall
	598	+	prevent an adoption by an unmarried petitioner solely because
	599	+	the petitioner is unmarried. No rule or regulation of any
	600	+	state department shall prevent an adoption solely because the
	601	+	petitioner is of a certain age, except as provided in
	602	+	subsection (e).
	603	+	§26-10E-6
	604	+	Any minor who is available for adoption may be adopted
	605	+	under this chapter.
	606	+	§26-10E-7
	607	+	(a) Consent to the petitioner's adoption or
	608	+	relinquishment for adoption to the Department of Human
	609	+	Resources or a licensed child placing agency shall be required
	610	+	by all of the following:
	611	+	(1) The adoptee, if 14 years of age or older, except
	612	+	when the court finds that the adoptee does not have the mental
	613	+	capacity to give consent.
	614	+	(2) The adoptee's legal mother or mothers.
	615	+	(3) The adoptee's legal father or fathers.
	616	+	(4) If the adoptee has no legal father, the putative
	617	+	father if made known by the mother or is otherwise made known
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651		-	~~(c)~~ The ~~express or implied consent of~~, or
652		-	~~relinquishment by,~~ ~~a minor parent shall not be subject~~ to
653		-	~~revocation by reason of such minority~~.
654		-	~~§26-10E-9~~
655		-	~~(a) A rebuttable presumption that a parent has~~
656		-	~~impliedly consented to~~ the ~~adoption or the relinquishment for~~
657		-	~~adoption~~ of ~~an adoptee arises when clear and convincing~~
658		-	~~evidence shows~~ any ~~of the following:~~
659		-	~~(1) Abandonment~~ of the ~~adoptee by the parent during the~~
660		-	~~four months immediately preceding~~ the ~~date of~~ the ~~filing of~~
661		-	the ~~petition for adoption.~~
662		-	~~(2) Abandonment by~~ the ~~legal father or putative father~~
663		-	~~of the biological mother by failing to offer to the biological~~
664		-	~~mother financial or emotional support~~, ~~or both, during~~ the
665		-	~~four months immediately preceding~~ the ~~birth~~ of ~~the adoptee~~
666		-	~~despite knowing~~ or ~~having reason to know~~ of the ~~pregnancy.~~
667		-	~~(3)~~ The ~~parent,~~ without ~~good cause of excuse, left~~ the
668		-	~~adoptee without provision for his or her identification for a~~
669		-	~~period~~ of ~~30 days.~~
670		-	~~(4)~~ The ~~parent voluntarily and knowingly,~~ ~~without good~~
671		-	~~cause or excuse, left~~ the ~~adoptee with another person without~~
672		-	~~personally providing support~~ for, ~~initiating communication~~
673		-	~~with, or otherwise maintaining a substantial relationship with~~
674		-	the adoptee ~~for the four consecutive months immediately~~
675		-	~~preceding~~ the ~~date of~~ the ~~filing of the petition.~~
676		-	~~(b) A rebuttable presumption that any individual or~~
677		-	~~agency whose consent is required has impliedly consented to~~
678		-	~~the adoption,~~ or the ~~relinquishment for adoption,~~ of an
	647	+	to the court, provided he complies with Section 26-10C-1 and
	648	+	responds within 30 days to the notice received under Section
	649	+	26-10E-17(a).
	650	+	(5) Any legal custodian or legal guardian of the
	651	+	adoptee if both parents are dead or presumed dead, if the
	652	+	rights of the parents have been terminated by judicial
	653	+	proceedings, or if the consent of both parents is otherwise
	654	+	not required pursuant to Section 26-10E-10, and if any legal
	655	+	custodian or legal guardian has authority by order of the
	656	+	court to consent to the adoption except that the court may
	657	+	grant the adoption without the consent of that legal custodian
	658	+	or legal guardian if the court determines that such consent
	659	+	was unreasonably withheld.
	660	+	(6) The Department of Human Resources, if the minor has
	661	+	been relinquished to it for the purposes of adoption or it
	662	+	otherwise holds temporary or permanent custody of the minor,
	663	+	except that the court may grant the adoption without the
	664	+	consent of the department if the adoption is in the best
	665	+	interests of the adoptee and there is a finding by the court
	666	+	the department has unreasonably withheld its consent.
	667	+	(7) The licensed child placing agency to which the
	668	+	child has been relinquished for adoption, except that the
	669	+	court may grant the adoption without the consent of the agency
	670	+	if the adoption is in the best interests of the adoptee and
	671	+	there is a finding by the court the agency has unreasonably
	672	+	withheld its consent.
	673	+	(b) The Director of the Department of Human Resources
	674	+	or the designee of the director and the executive head of a
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708		-	~~adoptee arises when clear and convincing evidence shows that~~
709		-	~~the individual~~ or agency ~~has received notification of the~~
710		-	~~pendency~~ of ~~the adoption proceedings pursuant to Section~~
711		-	~~26-10E-17 and has failed to answer or otherwise respond~~ to the
712		-	~~petition within 30 days.~~
713		-	~~(c) Implied consent under subsections (a)~~ or ~~(b) may~~
714		-	~~not~~ be ~~withdrawn by any person.~~
715		-	~~(d) A putative father who fails to file a notice of~~
716		-	~~intent to claim paternity of an adoptee pursuant to Section~~
717		-	~~26-10C-1~~ prior to ~~or within 30 days of the birth of the~~
718		-	~~adoptee shall be deemed to have given irrevocable implied~~
719		-	~~consent~~ to~~, or relinquishment for,~~ the ~~adoption of the~~
720		-	~~adoptee~~.
721		-	~~(e) At any time before the birth~~ of ~~the adoptee~~, a
722		-	~~licensed child placing agency, an attorney representing~~ the
723		-	~~legal mother,~~ or ~~an attorney representing the prospective~~
724		-	~~adoptive parents may serve a putative father with notice~~
725		-	~~consistent with~~ Section 26-10E-~~17 that the legal mother is~~
726		-	~~considering an adoptive placement of~~ the ~~unborn child in a~~
727		-	~~form to be developed by~~ the ~~Administrative Office~~ of ~~Courts~~
728		-	~~and the Alabama Law Institute~~. The ~~notice shall not obligate~~
729		-	~~the legal mother to place the child for adoption~~. ~~A putative~~
730		-	~~father intending to contest~~ the ~~adoption shall have 30 days~~
731		-	~~from the date of service of the notice~~ to ~~file an action to~~
732		-	~~establish his paternity~~ of ~~the unborn child under Section~~
733		-	26-~~17-611 and to register with the putative father registry~~
734		-	~~pursuant to Section 26-10C-1. If the notified putative father~~
735		-	~~fails~~ to ~~file this action and register with~~ the ~~putative~~
	704	+	licensed child placing agency may appoint an employee of the
	705	+	department or agency to give or to deny consent for adoption
	706	+	of adoptee.
	707	+	(c) Notwithstanding any law to the contrary, a court
	708	+	having jurisdiction over a case under this chapter shall have
	709	+	the power to determine the biological or legal parentage of a
	710	+	minor to ascertain whose consent shall be required or to
	711	+	adjudicate any other claim or issue in the case.
	712	+	§26-10E-8
	713	+	(a) Prior to a minor parent's giving express consent to
	714	+	an adoption or executing a relinquishment for adoption, a
	715	+	guardian ad litem must be appointed to represent the interests
	716	+	of the minor parent whose consent is required. Any minor
	717	+	parent, 14 years of age and older, may nominate a guardian ad
	718	+	litem either prior to the birth of the adoptee or thereafter.
	719	+	(b) A minor parent may give his or her implied consent
	720	+	to an adoption in the same manner as an adult parent under
	721	+	Section 26-10E-9. If a court finds by clear and convincing
	722	+	evidence that a minor parent has given implied consent to the
	723	+	adoption, notice and the appointment of a guardian ad litem
	724	+	shall not be necessary. The implied consent of a minor parent
	725	+	may not be withdrawn.
	726	+	(c) The express or implied consent of, or
	727	+	relinquishment by, a minor parent shall not be subject to
	728	+	revocation by reason of such minority.
	729	+	§26-10E-9
	730	+	(a) A rebuttable presumption that a parent has
	731	+	impliedly consented to the adoption or the relinquishment for
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765		-	~~father registry, his failure shall be deemed~~ an ~~irrevocable~~
766		-	~~implied consent to the adoption~~ of the ~~child.~~
767		-	~~§26-10E-10~~
768		-	~~Notwithstanding~~ the ~~provisions~~ of ~~Section 26-10E-7, the~~
769		-	~~consent of~~ the ~~following persons shall not be required~~ for an
770		-	~~adoption~~ or ~~relinquishment for adoption:~~
771		-	~~(1) A parent~~ of the ~~adoptee whose rights with reference~~
772		-	to the ~~adoptee have been terminated by a final judgment of a~~
773		-	~~court~~ of ~~this or any other state.~~
774		-	~~(2) A parent~~ of the ~~adoptee who has been adjudged~~
775		-	~~incompetent or incapacitated pursuant to law or a~~ parent ~~whom~~
776		-	~~the court finds to be mentally incapable of consenting~~ or
777		-	~~relinquishing and whose mental disability is likely to~~
778		-	~~continue for so long a period that it would be detrimental to~~
779		-	the adoptee ~~to delay adoption until restoration of the~~
780		-	~~parent's competency or capacity.~~ ~~The court must appoint~~
781		-	~~independent counsel~~ or a ~~guardian ad litem for an incompetent~~
782		-	~~or incapacitated parent~~ for ~~whom there has been no such prior~~
783		-	~~appointment~~.
784		-	(3) A ~~parent of an adoptee who has voluntarily~~
785		-	~~relinquished the adoptee~~ to ~~the Department of Human Resources,~~
786		-	~~a similar agency of another state~~, or ~~a licensed child placing~~
787		-	~~agency for an adoption,~~ ~~unless this relinquishment has been~~
788		-	~~withdrawn in accordance with this chapter~~ or ~~the law~~ of the
789		-	~~state in which~~ the ~~relinquishment was made.~~
790		-	~~(4) A deceased parent of the adoptee~~ or ~~a parent of~~ the
791		-	~~adoptee who is presumed to be deceased under this or any other~~
792		-	~~state's law.~~
	761	+	adoption of an adoptee arises when clear and convincing
	762	+	evidence shows any of the following:
	763	+	(1) Abandonment of the adoptee by the parent during the
	764	+	four months immediately preceding the date of the filing of
	765	+	the petition for adoption.
	766	+	(2) Abandonment by the legal father or putative father
	767	+	of the biological mother by failing to offer to the biological
	768	+	mother financial or emotional support, or both, during the
	769	+	four months immediately preceding the birth of the adoptee
	770	+	despite knowing or having reason to know of the pregnancy.
	771	+	(3) The parent, without good cause of excuse, left the
	772	+	adoptee without provision for his or her identification for a
	773	+	period of 30 days.
	774	+	(4) The parent voluntarily and knowingly, without good
	775	+	cause or excuse, left the adoptee with another person without
	776	+	personally providing support for, initiating communication
	777	+	with, or otherwise maintaining a substantial relationship with
	778	+	the adoptee for the four consecutive months immediately
	779	+	preceding the date of the filing of the petition.
	780	+	(b) A rebuttable presumption that any individual or
	781	+	agency whose consent is required has impliedly consented to
	782	+	the adoption, or the relinquishment for adoption, of an
	783	+	adoptee arises when clear and convincing evidence shows that
	784	+	the individual or agency has received notification of the
	785	+	pendency of the adoption proceedings pursuant to Section
	786	+	26-10E-17 and has failed to answer or otherwise respond to the
	787	+	petition within 30 days.
	788	+	(c) Implied consent under subsections (a) or (b) may
793	789		365
794	790		366
795	791		367
796	792		368
797	793		369
798	794		370
799	795		371
800	796		372
801	797		373
802	798		374
803	799		375
804	800		376
805	801		377
806	802		378
807	803		379
808	804		380
809	805		381
810	806		382
811	807		383
812	808		384
813	809		385
814	810		386
815	811		387
816	812		388
817	813		389
818	814		390
819	815		391
820		-	392 HB101 ~~EnrolledHB101 Enrolled~~
	816	+	392 HB101 INTRODUCEDHB101 INTRODUCED
821	817		Page 15
822		-	~~(5) A putative father of the adoptee who has signed a~~
823		-	~~written statement denying paternity.~~
824		-	~~(6) A putative father~~ of ~~the~~ adoptee ~~when the mother~~
825		-	~~swears in an affidavit pursuant~~ to ~~Section 26-10E-16(c) that~~
826		-	~~the putative father is unknown,~~ ~~unless the putative father is~~
827		-	~~otherwise made known~~ to the ~~court.~~
828		-	~~(7) A putative father of the~~ adoptee ~~who fails to prove~~
829		-	~~his paternity~~ of the adoptee.
830		-	~~(8) A legal father or putative father when clear and~~
831		-	~~convincing evidence is presented to~~ the ~~court that the adoptee~~
832		-	~~was conceived by rape,~~ ~~incest, or sexual assault committed by~~
833		-	the legal ~~father or putative father, whose crimes are defined~~
834		-	by the ~~laws of this state or, if the crime occurred not~~ in
835		-	~~this state,~~ the ~~jurisdiction in which the crime occurred.~~
836		-	~~(9) A parent of~~ the ~~adoptee who has been convicted of~~
837		-	~~child abuse or other felonious acts against~~ the ~~adoptee as~~
838		-	~~defined by~~ the ~~laws of this state or, if the crime occurred~~
839		-	~~not in this state,~~ the ~~jurisdiction in which~~ the ~~crime~~
840		-	~~occurred.~~
841		-	§26-~~10E-11~~
842		-	~~An express consent or relinquishment shall be in~~
843		-	~~writing, signed by~~ the ~~individual consenting or relinquishing,~~
844		-	~~and~~ shall ~~state all of the following:~~
845		-	~~(1)~~ The ~~date, place, and time~~ of ~~execution~~.
846		-	~~(2) The date of birth or, if prior to birth, the~~
847		-	~~expected date~~ of ~~birth of~~ the ~~adoptee and any names by which~~
848		-	the ~~adoptee has been known.~~
849		-	~~(3) The relationship and date of birth of the person~~
	818	+	not be withdrawn by any person.
	819	+	(d) A putative father who fails to file a notice of
	820	+	intent to claim paternity of an adoptee pursuant to Section
	821	+	26-10C-1 prior to or within 30 days of the birth of the
	822	+	adoptee shall be deemed to have given irrevocable implied
	823	+	consent to, or relinquishment for, the adoption of the
	824	+	adoptee.
	825	+	(e) At any time before the birth of the adoptee, a
	826	+	licensed child placing agency, an attorney representing the
	827	+	legal mother, or an attorney representing the prospective
	828	+	adoptive parents may serve a putative father with notice
	829	+	consistent with Section 26-10E-17 that the legal mother is
	830	+	considering an adoptive placement of the unborn child in a
	831	+	form to be developed by the Administrative Office of Courts
	832	+	and the Alabama Law Institute. The notice shall not obligate
	833	+	the legal mother to place the child for adoption. A putative
	834	+	father intending to contest the adoption shall have 30 days
	835	+	from the date of service of the notice to file an action to
	836	+	establish his paternity of the unborn child under Section
	837	+	26-17-611 and to register with the putative father registry
	838	+	pursuant to Section 26-10C-1. If the notified putative father
	839	+	fails to file this action and register with the putative
	840	+	father registry, his failure shall be deemed an irrevocable
	841	+	implied consent to the adoption of the child.
	842	+	§26-10E-10
	843	+	Notwithstanding the provisions of Section 26-10E-7, the
	844	+	consent of the following persons shall not be required for an
	845	+	adoption or relinquishment for adoption:
850	846		393
851	847		394
852	848		395
853	849		396
854	850		397
855	851		398
856	852		399
857	853		400
858	854		401
859	855		402
860	856		403
861	857		404
862	858		405
863	859		406
864	860		407
865	861		408
866	862		409
867	863		410
868	864		411
869	865		412
870	866		413
871	867		414
872	868		415
873	869		416
874	870		417
875	871		418
876	872		419
877		-	420 HB101 ~~EnrolledHB101 Enrolled~~
	873	+	420 HB101 INTRODUCEDHB101 INTRODUCED
878	874		Page 16
879		-	~~consenting or relinquishing to~~ the adoptee.
880		-	~~(4) If~~ the ~~right to know the identity~~ of ~~each~~
881		-	~~petitioner has not been waived, the legal name~~ of ~~each~~
882		-	~~petitioner, unless the document is~~ a ~~relinquishment~~ of the
883		-	~~adoptee~~ to ~~an agency.~~
884		-	~~(5) That~~ the ~~individual executing the document is~~
885		-	~~voluntarily~~ and ~~unequivocally consenting~~ to ~~the adoption of~~
886		-	~~the adoptee.~~ ~~If the individual executing the document consents~~
887		-	to ~~the~~ adoption of the ~~adoptee by only a designated individual~~
888		-	or ~~married couple,~~ the ~~express consent shall specify that the~~
889		-	~~consent applies only to that individual~~ or ~~married couple,~~ as
890		-	~~identified by his, her,~~ or ~~their legal names and that the~~
891		-	~~express consent shall not be construed to apply to any other~~
892		-	~~individual seeking to adopt the~~ adoptee.
893		-	~~(6) That by signing~~ the ~~document,~~ the ~~individual~~
894		-	~~executing the document understands that~~, ~~except as otherwise~~
895		-	~~provided in~~ this ~~chapter, upon the entry of the final judgment~~
896		-	~~of adoption,~~ he or ~~she forfeits all rights and obligations to~~
897		-	~~the adoptee and that he or she understands~~ the ~~express consent~~
898		-	or ~~relinquishment and executes it freely and voluntarily.~~
899		-	~~(7) That the individual signing the document has been~~
900		-	~~advised and understands that his or her express consent or~~
901		-	~~relinquishment may be withdrawn only in~~ the ~~manner, and within~~
902		-	~~the time periods,~~ ~~as provided in Sections 26-10E-13 and~~
903		-	~~26-10E-14, and that~~ the ~~adoption may not be collaterally~~
904		-	~~attacked after the entry of the final judgment of adoption,~~
905		-	~~except as authorized in this chapter.~~
906		-	~~(8) That~~ the ~~individual signing the document~~
	875	+	(1) A parent of the adoptee whose rights with reference
	876	+	to the adoptee have been terminated by a final judgment of a
	877	+	court of this or any other state.
	878	+	(2) A parent of the adoptee who has been adjudged
	879	+	incompetent or incapacitated pursuant to law or a parent whom
	880	+	the court finds to be mentally incapable of consenting or
	881	+	relinquishing and whose mental disability is likely to
	882	+	continue for so long a period that it would be detrimental to
	883	+	the adoptee to delay adoption until restoration of the
	884	+	parent's competency or capacity. The court must appoint
	885	+	independent counsel or a guardian ad litem for an incompetent
	886	+	or incapacitated parent for whom there has been no such prior
	887	+	appointment.
	888	+	(3) A parent of an adoptee who has voluntarily
	889	+	relinquished the adoptee to the Department of Human Resources,
	890	+	a similar agency of another state, or a licensed child placing
	891	+	agency for an adoption, unless this relinquishment has been
	892	+	withdrawn in accordance with this chapter or the law of the
	893	+	state in which the relinquishment was made.
	894	+	(4) A deceased parent of the adoptee or a parent of the
	895	+	adoptee who is presumed to be deceased under this or any other
	896	+	state's law.
	897	+	(5) A putative father of the adoptee who has signed a
	898	+	written statement denying paternity.
	899	+	(6) A putative father of the adoptee when the mother
	900	+	swears in an affidavit pursuant to Section 26-10E-16(c) that
	901	+	the putative father is unknown, unless the putative father is
	902	+	otherwise made known to the court.
907	903		421
908	904		422
909	905		423
910	906		424
911	907		425
912	908		426
913	909		427
914	910		428
915	911		429
916	912		430
917	913		431
918	914		432
919	915		433
920	916		434
921	917		435
922	918		436
923	919		437
924	920		438
925	921		439
926	922		440
927	923		441
928	924		442
929	925		443
930	926		444
931	927		445
932	928		446
933	929		447
934		-	448 HB101 ~~EnrolledHB101 Enrolled~~
	930	+	448 HB101 INTRODUCEDHB101 INTRODUCED
935	931		Page 17
936		-	~~understands that~~ the ~~express consent may become irrevocable,~~
937		-	~~and that~~ the ~~individual should not execute it if he or she~~
938		-	~~needs~~ or ~~desires psychological or legal advice, guidance, or~~
939		-	~~counseling.~~
940		-	~~(9) The address of the court in which the petition for~~
941		-	~~adoption has been~~ or ~~will be filed~~, ~~if known,~~ ~~and if not~~
942		-	~~known,~~ the ~~name and address~~ of the ~~agency, any petitioner,~~ or
943		-	the ~~attorney of any petitioner on whom notice of~~ the
944		-	~~withdrawal or relinquishment~~ of ~~express consent may be served.~~
945		-	~~(10) In~~ the ~~case of relinquishment, the name and~~
946		-	~~address~~ of ~~the agency to which~~ the ~~adoptee has been~~
947		-	~~relinquished.~~
948		-	~~(11) That the individual executing the document has~~
949		-	~~received or has been offered a copy of the express consent or~~
950		-	relinquishment ~~and withdrawal form.~~
951		-	~~(12) That~~ the individual ~~executing a relinquishment~~
952		-	~~waives further notice~~ of the ~~adoption proceeding.~~
953		-	(13) ~~That~~ the ~~individual executing an express consent~~
954		-	~~waives further notice~~ of the ~~adoption proceedings unless there~~
955		-	~~is a contest or appeal~~ of the ~~adoption proceeding.~~
956		-	~~§26-10E-12~~
957		-	(a) ~~An express consent~~ of the ~~biological mother taken~~
958		-	~~prior~~ to the ~~birth of an~~ adoptee ~~shall be signed or confirmed~~
959		-	~~before a judge~~ of ~~probate. At the time of taking the express~~
960		-	~~consent~~, the ~~judge shall explain to the consenting parent the~~
961		-	~~legal effect of signing~~ the document ~~and~~ the ~~time limits and~~
962		-	~~procedures for withdrawal of the express consent and shall~~
963		-	~~provide~~ the ~~consenting parent with two copies of~~ the ~~form for~~
	932	+	(7) A putative father of the adoptee who fails to prove
	933	+	his paternity of the adoptee.
	934	+	(8) A legal father or putative father when clear and
	935	+	convincing evidence is presented to the court that the adoptee
	936	+	was conceived by rape, incest, or sexual assault committed by
	937	+	the legal father or putative father, whose crimes are defined
	938	+	by the laws of this state or, if the crime occurred not in
	939	+	this state, the jurisdiction in which the crime occurred.
	940	+	(9) A parent of the adoptee who has been convicted of
	941	+	child abuse or other felonious acts against the adoptee as
	942	+	defined by the laws of this state or, if the crime occurred
	943	+	not in this state, the jurisdiction in which the crime
	944	+	occurred.
	945	+	§26-10E-11
	946	+	An express consent or relinquishment shall be in
	947	+	writing, signed by the individual consenting or relinquishing,
	948	+	and shall state all of the following:
	949	+	(1) The date, place, and time of execution.
	950	+	(2) The date of birth or, if prior to birth, the
	951	+	expected date of birth of the adoptee and any names by which
	952	+	the adoptee has been known.
	953	+	(3) The relationship and date of birth of the person
	954	+	consenting or relinquishing to the adoptee.
	955	+	(4) If the right to know the identity of each
	956	+	petitioner has not been waived, the legal name of each
	957	+	petitioner, unless the document is a relinquishment of the
	958	+	adoptee to an agency.
	959	+	(5) That the individual executing the document is
964	960		449
965	961		450
966	962		451
967	963		452
968	964		453
969	965		454
970	966		455
971	967		456
972	968		457
973	969		458
974	970		459
975	971		460
976	972		461
977	973		462
978	974		463
979	975		464
980	976		465
981	977		466
982	978		467
983	979		468
984	980		469
985	981		470
986	982		471
987	983		472
988	984		473
989	985		474
990	986		475
991		-	476 HB101 ~~EnrolledHB101 Enrolled~~
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992	988		Page 18
993		-	~~withdrawing~~ the ~~express consent in accordance with the~~
994		-	~~requirements of Sections 26-10E-13 and 26-10E-14.~~
995		-	~~(b) Except as provided in subsection (~~a~~), all other~~
996		-	~~pre-birth~~ or ~~post-birth~~ express ~~consents or relinquishments~~
997		-	~~regarding the adoptee shall be signed~~ or ~~confirmed before any~~
998		-	of the ~~following:~~
999		-	~~(1) A judge or clerk of~~ any ~~court that has jurisdiction~~
1000		-	~~over adoption proceedings or a public officer appointed by~~ the
1001		-	~~judge for~~ the ~~purpose of taking express consents.~~
1002		-	~~(2) An individual appointed to take express consents~~
1003		-	~~who is appointed by any agency that is authorized to conduct~~
1004		-	~~investigations~~ or ~~home studies provided by Section 26-10E-19,~~
1005		-	or~~, if~~ the express consent ~~is taken out of state, by an~~
1006		-	~~individual appointed to take consents by any agency that is~~
1007		-	~~authorized by~~ that ~~state's law to conduct investigations and~~
1008		-	~~home studies for adoptions.~~
1009		-	~~(3) A notary public.~~
1010		-	~~(c)~~ The ~~Administrative Office of Courts~~, in
1011		-	~~collaboration with~~ the ~~Alabama Law Institute,~~ ~~a division of~~
1012		-	~~the Legislative Services Agency, shall prepare~~ the ~~forms~~
1013		-	~~necessary to meet the requirements of~~ this chapter.
1014		-	~~§26-10E-13~~
1015		-	~~(a) All existing~~ express ~~consents or relinquishments~~
1016		-	~~required by this chapter shall be filed with~~ the ~~probate court~~
1017		-	~~along with the petition. Any other express consents~~ or
1018		-	~~relinquishments required by this chapter and acquired while~~
1019		-	the petition for ~~adoption is pending shall be filed with the~~
1020		-	~~court overseeing the~~ adoption ~~before the final judgment of~~
	989	+	voluntarily and unequivocally consenting to the adoption of
	990	+	the adoptee. If the individual executing the document consents
	991	+	to the adoption of the adoptee by only a designated individual
	992	+	or married couple, the express consent shall specify that the
	993	+	consent applies only to that individual or married couple, as
	994	+	identified by his, her, or their legal names and that the
	995	+	express consent shall not be construed to apply to any other
	996	+	individual seeking to adopt the adoptee.
	997	+	(6) That by signing the document, the individual
	998	+	executing the document understands that, except as otherwise
	999	+	provided in this chapter, upon the entry of the final judgment
	1000	+	of adoption, he or she forfeits all rights and obligations to
	1001	+	the adoptee and that he or she understands the express consent
	1002	+	or relinquishment and executes it freely and voluntarily.
	1003	+	(7) That the individual signing the document has been
	1004	+	advised and understands that his or her express consent or
	1005	+	relinquishment may be withdrawn only in the manner, and within
	1006	+	the time periods, as provided in Sections 26-10E-13 and
	1007	+	26-10E-14, and that the adoption may not be collaterally
	1008	+	attacked after the entry of the final judgment of adoption,
	1009	+	except as authorized in this chapter.
	1010	+	(8) That the individual signing the document
	1011	+	understands that the express consent may become irrevocable,
	1012	+	and that the individual should not execute it if he or she
	1013	+	needs or desires psychological or legal advice, guidance, or
	1014	+	counseling.
	1015	+	(9) The address of the court in which the petition for
	1016	+	adoption has been or will be filed, if known, and if not
1021	1017		477
1022	1018		478
1023	1019		479
1024	1020		480
1025	1021		481
1026	1022		482
1027	1023		483
1028	1024		484
1029	1025		485
1030	1026		486
1031	1027		487
1032	1028		488
1033	1029		489
1034	1030		490
1035	1031		491
1036	1032		492
1037	1033		493
1038	1034		494
1039	1035		495
1040	1036		496
1041	1037		497
1042	1038		498
1043	1039		499
1044	1040		500
1045	1041		501
1046	1042		502
1047	1043		503
1048		-	504 HB101 ~~EnrolledHB101 Enrolled~~
	1044	+	504 HB101 INTRODUCEDHB101 INTRODUCED
1049	1045		Page 19
1050		-	~~adoption is entered.~~
1051		-	~~(b) An express consent or relinquishment may be taken~~
1052		-	~~at any time, except that, once signed~~ or ~~confirmed,~~ may be
1053		-	~~withdrawn for any reason within five business days after~~ the
1054		-	~~birth~~ of the adoptee ~~or within five business days after the~~
1055		-	~~signing of the express consent or relinquishment, whichever~~
1056		-	~~comes last.~~
1057		-	~~§26-10E-14~~
1058		-	~~(a) The consent or relinquishment, once signed or~~
1059		-	~~confirmed, may not be withdrawn except in one of~~ the ~~following~~
1060		-	~~circumstances:~~
1061		-	(1) ~~As provided in Section 26-10E-13.~~
1062		-	~~(2) When,~~ ~~at any time before entry~~ of the ~~final~~
1063		-	~~judgment~~ of ~~adoption,~~ the ~~court determines that the express~~
1064		-	~~consent or relinquishment was obtained by fraud, duress,~~
1065		-	~~mistake, or undue influence on~~ the ~~part of,~~ ~~or on behalf of,~~
1066		-	the ~~petitioner; provided,~~ ~~however, that,~~ ~~after one year from~~
1067		-	~~the date~~ of ~~entry~~ of the ~~final judgment of adoption and after~~
1068		-	~~all appeals~~, ~~if any,~~ ~~an express consent or relinquishment may~~
1069		-	~~not be challenged on any ground, except in cases~~ of ~~fraud or~~
1070		-	~~cases in which~~ the ~~adoptee has been kidnapped.~~
1071		-	~~(3) Upon denial~~ of ~~a petition~~ for ~~adoption after a~~
1072		-	~~contested case under Section 26-10E-24.~~
1073		-	~~(b) The withdrawal~~ of ~~express consent or relinquishment~~
1074		-	as provided in ~~Section 26-10E-13~~(b) ~~shall become effective by~~
1075		-	~~the affiant's signing and dating the withdrawal form provided~~
1076		-	~~pursuant to Section 26-10E-12,~~ or ~~by filing the withdrawal~~
1077		-	~~form within five business days~~ of the ~~child's birth or within~~
	1046	+	known, the name and address of the agency, any petitioner, or
	1047	+	the attorney of any petitioner on whom notice of the
	1048	+	withdrawal or relinquishment of express consent may be served.
	1049	+	(10) In the case of relinquishment, the name and
	1050	+	address of the agency to which the adoptee has been
	1051	+	relinquished.
	1052	+	(11) That the individual executing the document has
	1053	+	received or has been offered a copy of the express consent or
	1054	+	relinquishment and withdrawal form.
	1055	+	(12) That the individual executing a relinquishment
	1056	+	waives further notice of the adoption proceeding.
	1057	+	(13) That the individual executing an express consent
	1058	+	waives further notice of the adoption proceedings unless there
	1059	+	is a contest or appeal of the adoption proceeding.
	1060	+	§26-10E-12
	1061	+	(a) An express consent of the biological mother taken
	1062	+	prior to the birth of an adoptee shall be signed or confirmed
	1063	+	before a judge of probate. At the time of taking the express
	1064	+	consent, the judge shall explain to the consenting parent the
	1065	+	legal effect of signing the document and the time limits and
	1066	+	procedures for withdrawal of the express consent and shall
	1067	+	provide the consenting parent with two copies of the form for
	1068	+	withdrawing the express consent in accordance with the
	1069	+	requirements of Sections 26-10E-13 and 26-10E-14.
	1070	+	(b) Except as provided in subsection (a), all other
	1071	+	pre-birth or post-birth express consents or relinquishments
	1072	+	regarding the adoptee shall be signed or confirmed before any
	1073	+	of the following:
1078	1074		505
1079	1075		506
1080	1076		507
1081	1077		508
1082	1078		509
1083	1079		510
1084	1080		511
1085	1081		512
1086	1082		513
1087	1083		514
1088	1084		515
1089	1085		516
1090	1086		517
1091	1087		518
1092	1088		519
1093	1089		520
1094	1090		521
1095	1091		522
1096	1092		523
1097	1093		524
1098	1094		525
1099	1095		526
1100	1096		527
1101	1097		528
1102	1098		529
1103	1099		530
1104	1100		531
1105		-	532 HB101 ~~EnrolledHB101 Enrolled~~
	1101	+	532 HB101 INTRODUCEDHB101 INTRODUCED
1106	1102		Page 20
1107		-	~~five business days~~ of ~~signing the express consent or~~
1108		-	~~relinquishment, whichever comes last.~~
1109		-	~~(c)~~ The ~~petition to withdraw~~ express ~~consent or~~
1110		-	~~relinquishment must be in writing, executed by the~~ individual
1111		-	~~seeking~~ to ~~withdraw the express consent or relinquishment,~~
1112		-	~~dated, and signed~~ by ~~two witnesses or a notary public.~~
1113		-	~~(d) In adjudicating a petition to withdraw~~ an ~~express~~
1114		-	~~consent or relinquishment,~~ ~~the court shall require~~ that ~~the~~
1115		-	~~individual seeking~~ to ~~withdraw the express consent or~~
1116		-	~~relinquishment shall establish the facts necessary to withdraw~~
1117		-	~~the express consent or relinquishment by~~ a ~~preponderance of~~
1118		-	the ~~evidence.~~
1119		-	~~(e) If~~ the ~~court directs that the express consent or~~
1120		-	~~relinquishment be withdrawn~~, the ~~court shall order the child~~
1121		-	~~restored~~ to the ~~custody~~ of ~~his or her parent or parents, the~~
1122		-	~~county Department of Human Resources, or a licensed child~~
1123		-	~~placing agency,~~ ~~as the case may be; otherwise, the court shall~~
1124		-	~~deny~~ the ~~withdrawal and declare that the express consent or~~
1125		-	~~relinquishment is final and binding~~. Any ~~order made by the~~
1126		-	~~court upon a petition to withdraw express consent or~~
1127		-	~~relinquishment under this section~~ shall be ~~deemed a final~~
1128		-	~~judgment for~~ the ~~purpose~~ of ~~filing an appeal under Section~~
1129		-	~~26-10E-25~~.
1130		-	~~§26-10E-15~~
1131		-	~~(a) No health facility shall surrender the physical~~
1132		-	~~custody of an adoptee to~~ any ~~individual or entity other than~~
1133		-	~~the county Department~~ of ~~Human Resources (~~the ~~department), a~~
1134		-	~~licensed child placing agency~~, ~~parent, relative by blood or~~
	1103	+	(1) A judge or clerk of any court that has jurisdiction
	1104	+	over adoption proceedings or a public officer appointed by the
	1105	+	judge for the purpose of taking express consents.
	1106	+	(2) An individual appointed to take express consents
	1107	+	who is appointed by any agency that is authorized to conduct
	1108	+	investigations or home studies provided by Section 26-10E-19,
	1109	+	or, if the express consent is taken out of state, by an
	1110	+	individual appointed to take consents by any agency that is
	1111	+	authorized by that state's law to conduct investigations and
	1112	+	home studies for adoptions.
	1113	+	(3) A notary public.
	1114	+	(c) The Administrative Office of Courts, in
	1115	+	collaboration with the Alabama Law Institute, a division of
	1116	+	the Legislative Services Agency, shall prepare the forms
	1117	+	necessary to meet the requirements of this chapter.
	1118	+	§26-10E-13
	1119	+	(a) All existing express consents or relinquishments
	1120	+	required by this chapter shall be filed with the probate court
	1121	+	along with the petition. Any other express consents or
	1122	+	relinquishments required by this chapter and acquired while
	1123	+	the petition for adoption is pending shall be filed with the
	1124	+	court overseeing the adoption before the final judgment of
	1125	+	adoption is entered.
	1126	+	(b) An express consent or relinquishment may be taken
	1127	+	at any time, except that, once signed or confirmed, may be
	1128	+	withdrawn for any reason within five business days after the
	1129	+	birth of the adoptee or within five business days after the
	1130	+	signing of the express consent or relinquishment, whichever
1135	1131		533
1136	1132		534
1137	1133		535
1138	1134		536
1139	1135		537
1140	1136		538
1141	1137		539
1142	1138		540
1143	1139		541
1144	1140		542
1145	1141		543
1146	1142		544
1147	1143		545
1148	1144		546
1149	1145		547
1150	1146		548
1151	1147		549
1152	1148		550
1153	1149		551
1154	1150		552
1155	1151		553
1156	1152		554
1157	1153		555
1158	1154		556
1159	1155		557
1160	1156		558
1161	1157		559
1162		-	560 HB101 ~~EnrolledHB101 Enrolled~~
	1158	+	560 HB101 INTRODUCEDHB101 INTRODUCED
1163	1159		Page 21
1164		-	~~marriage, or individual having legal custody, unless this~~
1165		-	~~surrender is authorized in a writing executed after the birth~~
1166		-	of the ~~adoptee by one of the adoptee's parents~~, ~~the agency,~~ or
1167		-	~~the individual having legal custody~~ of the ~~adoptee.~~
1168		-	~~(b) A health facility shall report to the county~~
1169		-	~~Department of Human Resources,~~ ~~on forms supplied by the~~
1170		-	~~department~~, the ~~name and address of any individual and, in the~~
1171		-	~~case~~ of ~~an individual acting as an agent for an organization,~~
1172		-	~~the name and address of the organization to whose physical~~
1173		-	~~custody an adoptee is surrendered.~~ ~~This report shall be~~
1174		-	~~transmitted to~~ the ~~department within 48 hours~~ from ~~the~~
1175		-	~~surrendering~~ of ~~custody.~~
1176		-	~~§26-10E-16~~
1177		-	~~(a) A petition for adoption~~ of ~~an adoptee shall bear~~
1178		-	~~the caption "In~~ the ~~Matter of the Adoption Petition of [each~~
1179		-	~~named petitioner.]" The completed~~ petition ~~shall be signed and~~
1180		-	~~verified by each petitioner and shall set forth each of the~~
1181		-	~~following:~~
1182		-	(1) ~~The full name,~~ ~~date of birth, place of residence,~~
1183		-	and ~~relationship to~~ the ~~adoptee of each petitioner, and, if~~
1184		-	~~the petitioners are married~~, the ~~place and date of their~~
1185		-	~~marriage.~~
1186		-	~~(2)~~ The ~~date and place of birth of the adoptee, if~~
1187		-	~~known~~.
1188		-	(3) The ~~birth name of the adoptee,~~ ~~any other names by~~
1189		-	~~which~~ the ~~adoptee has been known, and the name by which the~~
1190		-	~~adoptee shall be known.~~
1191		-	~~(4) That the physical custody of the adoptee has been~~
	1160	+	comes last.
	1161	+	§26-10E-14
	1162	+	(a) The consent or relinquishment, once signed or
	1163	+	confirmed, may not be withdrawn except in one of the following
	1164	+	circumstances:
	1165	+	(1) As provided in Section 26-10E-13.
	1166	+	(2) When, at any time before entry of the final
	1167	+	judgment of adoption, the court determines that the express
	1168	+	consent or relinquishment was obtained by fraud, duress,
	1169	+	mistake, or undue influence on the part of, or on behalf of,
	1170	+	the petitioner; provided, however, that, after one year from
	1171	+	the date of entry of the final judgment of adoption and after
	1172	+	all appeals, if any, an express consent or relinquishment may
	1173	+	not be challenged on any ground, except in cases of fraud or
	1174	+	cases in which the adoptee has been kidnapped.
	1175	+	(3) Upon denial of a petition for adoption after a
	1176	+	contested case under Section 26-10E-24.
	1177	+	(b) The withdrawal of express consent or relinquishment
	1178	+	as provided in Section 26-10E-13(b) shall become effective by
	1179	+	the affiant's signing and dating the withdrawal form provided
	1180	+	pursuant to Section 26-10E-12, or by filing the withdrawal
	1181	+	form within five business days of the child's birth or within
	1182	+	five business days of signing the express consent or
	1183	+	relinquishment, whichever comes last.
	1184	+	(c) The petition to withdraw express consent or
	1185	+	relinquishment must be in writing, executed by the individual
	1186	+	seeking to withdraw the express consent or relinquishment,
	1187	+	dated, and signed by two witnesses or a notary public.
1192	1188		561
1193	1189		562
1194	1190		563
1195	1191		564
1196	1192		565
1197	1193		566
1198	1194		567
1199	1195		568
1200	1196		569
1201	1197		570
1202	1198		571
1203	1199		572
1204	1200		573
1205	1201		574
1206	1202		575
1207	1203		576
1208	1204		577
1209	1205		578
1210	1206		579
1211	1207		580
1212	1208		581
1213	1209		582
1214	1210		583
1215	1211		584
1216	1212		585
1217	1213		586
1218	1214		587
1219		-	588 HB101 ~~EnrolledHB101 Enrolled~~
	1215	+	588 HB101 INTRODUCEDHB101 INTRODUCED
1220	1216		Page 22
1221		-	~~placed with the petitioner or petitioners for the purpose of~~
1222		-	~~adoption and~~ that the ~~adoptee has been residing with the~~
1223		-	~~petitioner~~ or ~~petitioners since a specified date, or a~~
1224		-	~~statement of good cause as~~ to ~~why placement and physical~~
1225		-	~~custody is not required~~ or ~~should be excused or waived.~~
1226		-	~~(5) That~~ the ~~petitioner or petitioners desire to~~
1227		-	~~establish a parent and child relationship between himself~~ or
1228		-	~~herself and~~ the ~~adoptee and that he or she is a fit and proper~~
1229		-	~~individual able~~ to ~~care for and provide for~~ the ~~adoptee's~~
1230		-	~~welfare.~~
1231		-	~~(6)~~ The ~~existence and nature of any prior or pending~~
1232		-	~~judicial proceedings known to~~ the ~~petitioner~~ or ~~petitioners~~
1233		-	~~that affect~~ the ~~custody, visitation with, or parentage of, the~~
1234		-	~~adoptee.~~
1235		-	~~(7) The name and address of the licensed child placing~~
1236		-	~~agency, if any.~~
1237		-	~~(8) The names and addresses of all individuals or~~
1238		-	~~agencies known to the petitioner or petitioners at the time of~~
1239		-	~~filing from whom consents or relinquishments to~~ the ~~adoption~~
1240		-	~~are required and whether the individuals~~ or ~~agencies have~~
1241		-	~~given express or implied consent to~~ the ~~adoption.~~
1242		-	~~(9) The names and addresses of all other individuals~~ or
1243		-	~~agencies known to the petitioner~~ or ~~petitioners who are~~
1244		-	~~entitled to notice of~~ the ~~adoption proceedings under Section~~
1245		-	~~26-10E-17.~~
1246		-	~~(b)~~ The ~~petitioner or petitioners shall attach each of~~
1247		-	~~the following~~ to the ~~petition:~~
1248		-	~~(1) A government-issued~~ ~~document bearing photographic~~
	1217	+	(d) In adjudicating a petition to withdraw an express
	1218	+	consent or relinquishment, the court shall require that the
	1219	+	individual seeking to withdraw the express consent or
	1220	+	relinquishment shall establish the facts necessary to withdraw
	1221	+	the express consent or relinquishment by a preponderance of
	1222	+	the evidence.
	1223	+	(e) If the court directs that the express consent or
	1224	+	relinquishment be withdrawn, the court shall order the child
	1225	+	restored to the custody of his or her parent or parents, the
	1226	+	county Department of Human Resources, or a licensed child
	1227	+	placing agency, as the case may be; otherwise, the court shall
	1228	+	deny the withdrawal and declare that the express consent or
	1229	+	relinquishment is final and binding. Any order made by the
	1230	+	court upon a petition to withdraw express consent or
	1231	+	relinquishment under this section shall be deemed a final
	1232	+	judgment for the purpose of filing an appeal under Section
	1233	+	26-10E-25.
	1234	+	§26-10E-15
	1235	+	(a) No health facility shall surrender the physical
	1236	+	custody of an adoptee to any individual or entity other than
	1237	+	the county Department of Human Resources (the department), a
	1238	+	licensed child placing agency, parent, relative by blood or
	1239	+	marriage, or individual having legal custody, unless this
	1240	+	surrender is authorized in a writing executed after the birth
	1241	+	of the adoptee by one of the adoptee's parents, the agency, or
	1242	+	the individual having legal custody of the adoptee.
	1243	+	(b) A health facility shall report to the county
	1244	+	Department of Human Resources, on forms supplied by the
1249	1245		589
1250	1246		590
1251	1247		591
1252	1248		592
1253	1249		593
1254	1250		594
1255	1251		595
1256	1252		596
1257	1253		597
1258	1254		598
1259	1255		599
1260	1256		600
1261	1257		601
1262	1258		602
1263	1259		603
1264	1260		604
1265	1261		605
1266	1262		606
1267	1263		607
1268	1264		608
1269	1265		609
1270	1266		610
1271	1267		611
1272	1268		612
1273	1269		613
1274	1270		614
1275	1271		615
1276		-	616 HB101 ~~EnrolledHB101 Enrolled~~
	1272	+	616 HB101 INTRODUCEDHB101 INTRODUCED
1277	1273		Page 23
1278		-	~~identification~~ of ~~each petitioner.~~
1279		-	~~(2) If the petitioners are married~~, ~~a certified~~
1280		-	~~document establishing proof~~ of ~~marriage or an affidavit of~~
1281		-	~~their common law marriage~~.
1282		-	~~(3) A certified copy of~~ the ~~adoptee's birth certificate~~
1283		-	~~issued within six months~~ of ~~the date of the filing of the~~
1284		-	~~petition or an affidavit stating that application for the~~
1285		-	~~birth certificate has been made.~~
1286		-	~~(4) Any written authorization allowing~~ the ~~adoptee to~~
1287		-	~~be placed in~~ the ~~home of the petitioner or petitioners.~~
1288		-	~~(5) A copy~~ of ~~any court orders affecting~~ the ~~custody,~~
1289		-	~~visitation with, or parentage of, the adoptee accessible to~~
1290		-	the ~~petitioner or petitioners.~~
1291		-	~~(6) Any~~ and ~~all existing express consents and~~
1292		-	~~relinquishments upon which~~ the ~~petitioner or petitioners rely~~
1293		-	~~for the adoption~~.
1294		-	(7) If ~~a pre-placement investigation is required under~~
1295		-	~~this chapter, a copy of the pre-placement investigation~~
1296		-	~~report.~~
1297		-	~~(8) An accounting of all anticipated costs~~ and ~~expenses~~
1298		-	~~for the adoption~~.
1299		-	(c) In the ~~case~~ of ~~an unknown father,~~ ~~a verified~~
1300		-	~~affidavit signed by~~ the ~~biological mother,~~ ~~under penalty~~ of
1301		-	~~perjury, setting forth~~ the ~~following information shall be~~
1302		-	~~attached to the petition~~, ~~unless the whereabouts of the mother~~
1303		-	~~are unknown, she is deceased, or the parental rights~~ of ~~the~~
1304		-	~~mother have been previously terminated as to the adoptee:~~
1305		-	(1) ~~Whether~~ the ~~mother was married at the probable time~~
	1274	+	department, the name and address of any individual and, in the
	1275	+	case of an individual acting as an agent for an organization,
	1276	+	the name and address of the organization to whose physical
	1277	+	custody an adoptee is surrendered. This report shall be
	1278	+	transmitted to the department within 48 hours from the
	1279	+	surrendering of custody.
	1280	+	§26-10E-16
	1281	+	(a) A petition for adoption of an adoptee shall bear
	1282	+	the caption "In the Matter of the Adoption Petition of [each
	1283	+	named petitioner.]" The completed petition shall be signed and
	1284	+	verified by each petitioner and shall set forth each of the
	1285	+	following:
	1286	+	(1) The full name, date of birth, place of residence,
	1287	+	and relationship to the adoptee of each petitioner, and, if
	1288	+	the petitioners are married, the place and date of their
	1289	+	marriage.
	1290	+	(2) The date and place of birth of the adoptee, if
	1291	+	known.
	1292	+	(3) The birth name of the adoptee, any other names by
	1293	+	which the adoptee has been known, and the name by which the
	1294	+	adoptee shall be known.
	1295	+	(4) That the physical custody of the adoptee has been
	1296	+	placed with the petitioner or petitioners for the purpose of
	1297	+	adoption and that the adoptee has been residing with the
	1298	+	petitioner or petitioners since a specified date, or a
	1299	+	statement of good cause as to why placement and physical
	1300	+	custody is not required or should be excused or waived.
	1301	+	(5) That the petitioner or petitioners desire to
1306	1302		617
1307	1303		618
1308	1304		619
1309	1305		620
1310	1306		621
1311	1307		622
1312	1308		623
1313	1309		624
1314	1310		625
1315	1311		626
1316	1312		627
1317	1313		628
1318	1314		629
1319	1315		630
1320	1316		631
1321	1317		632
1322	1318		633
1323	1319		634
1324	1320		635
1325	1321		636
1326	1322		637
1327	1323		638
1328	1324		639
1329	1325		640
1330	1326		641
1331	1327		642
1332	1328		643
1333		-	644 HB101 ~~EnrolledHB101 Enrolled~~
	1329	+	644 HB101 INTRODUCEDHB101 INTRODUCED
1334	1330		Page 24
1335		-	~~of conception of the adoptee, or at~~ a ~~later time,~~ and ~~if so,~~
1336		-	~~the identity~~ and ~~last known address of her husband.~~
1337		-	~~(2) Whether~~ the ~~mother was cohabitating with a man at~~
1338		-	~~the probable time of conception of the adoptee, and, if so,~~
1339		-	the ~~identity~~ of ~~the man,~~ ~~his last known address, and why the~~
1340		-	~~mother contends~~ the ~~man is not the legal father~~ or ~~putative~~
1341		-	~~father of~~ the ~~adoptee.~~
1342		-	~~(3) Whether the mother has received payments or promise~~
1343		-	~~of support from any man with respect to~~ the ~~adoptee or her~~
1344		-	~~pregnancy, and~~, if ~~so, the identity of the man, his last known~~
1345		-	~~address,~~ and ~~why the mother contends the man is not the legal~~
1346		-	~~father~~ or ~~putative father of~~ the ~~adoptee.~~
1347		-	~~(4) Whether~~ the ~~mother has named any man as the father~~
1348		-	on the ~~birth certificate of the adoptee~~ or ~~in connection with~~
1349		-	~~applying for~~ or ~~receiving public assistance, and if so,~~ the
1350		-	~~identity~~ of ~~the man,~~ ~~his last known address, and why the~~
1351		-	~~mother contends~~ the ~~man is not the legal father~~ or ~~putative~~
1352		-	~~father~~ of the ~~adoptee.~~
1353		-	~~(5) Whether the mother identified any man as the legal~~
1354		-	~~father~~ or ~~putative father~~ of ~~the adoptee to any hospital~~
1355		-	~~personnel, and,~~ ~~if so,~~ the ~~identity of the man, his last known~~
1356		-	~~address, the name and address of the hospital, and why the~~
1357		-	~~mother contends the man is not the legal father or putative~~
1358		-	~~father of~~ the ~~adoptee.~~
1359		-	~~(6) Whether the mother has informed any man that he may~~
1360		-	~~be the legal father or putative father of the adoptee, and, if~~
1361		-	~~so, the identity~~ of the ~~man, his last known address, and why~~
1362		-	~~the mother contends~~ the ~~man is not~~ the ~~legal father or~~
	1331	+	establish a parent and child relationship between himself or
	1332	+	herself and the adoptee and that he or she is a fit and proper
	1333	+	individual able to care for and provide for the adoptee's
	1334	+	welfare.
	1335	+	(6) The existence and nature of any prior or pending
	1336	+	judicial proceedings known to the petitioner or petitioners
	1337	+	that affect the custody, visitation with, or parentage of, the
	1338	+	adoptee.
	1339	+	(7) The name and address of the licensed child placing
	1340	+	agency, if any.
	1341	+	(8) The names and addresses of all individuals or
	1342	+	agencies known to the petitioner or petitioners at the time of
	1343	+	filing from whom consents or relinquishments to the adoption
	1344	+	are required and whether the individuals or agencies have
	1345	+	given express or implied consent to the adoption.
	1346	+	(9) The names and addresses of all other individuals or
	1347	+	agencies known to the petitioner or petitioners who are
	1348	+	entitled to notice of the adoption proceedings under Section
	1349	+	26-10E-17.
	1350	+	(b) The petitioner or petitioners shall attach each of
	1351	+	the following to the petition:
	1352	+	(1) A government-issued document bearing photographic
	1353	+	identification of each petitioner.
	1354	+	(2) If the petitioners are married, a certified
	1355	+	document establishing proof of marriage or an affidavit of
	1356	+	their common law marriage.
	1357	+	(3) A certified copy of the adoptee's birth certificate
	1358	+	issued within six months of the date of the filing of the
1363	1359		645
1364	1360		646
1365	1361		647
1366	1362		648
1367	1363		649
1368	1364		650
1369	1365		651
1370	1366		652
1371	1367		653
1372	1368		654
1373	1369		655
1374	1370		656
1375	1371		657
1376	1372		658
1377	1373		659
1378	1374		660
1379	1375		661
1380	1376		662
1381	1377		663
1382	1378		664
1383	1379		665
1384	1380		666
1385	1381		667
1386	1382		668
1387	1383		669
1388	1384		670
1389	1385		671
1390		-	672 HB101 ~~EnrolledHB101 Enrolled~~
	1386	+	672 HB101 INTRODUCEDHB101 INTRODUCED
1391	1387		Page 25
1392		-	~~putative father of~~ the ~~adoptee.~~
1393		-	~~(7) Whether any man~~ has ~~formally or informally~~
1394		-	~~acknowledged or claimed paternity of~~ the adoptee ~~in any~~
1395		-	~~jurisdiction at~~ the ~~time~~ of the ~~inquiry, and if so, the~~
1396		-	~~identity~~ of the ~~man~~, ~~his last known address, and why the~~
1397		-	~~mother contends~~ the ~~man is not the legal father or putative~~
1398		-	~~father of~~ the ~~adoptee~~.
1399		-	(8) ~~That the mother has been informed that her~~
1400		-	~~statement concerning~~ the ~~identity of the legal father~~ or
1401		-	~~putative father will be used only~~ for the ~~limited purpose of~~
1402		-	~~adoption and,~~ ~~once the adoption~~ is ~~complete, that such~~
1403		-	~~identity will be sealed.~~
1404		-	~~(9) That the mother acknowledges she is aware of the~~
1405		-	~~remedies available to her for protection from abuse pursuant~~
1406		-	~~to Alabama law, commencing with Section 30-5-1~~.
1407		-	(d) The ~~petition~~, ~~the various documents attached~~
1408		-	~~thereto as required by this section, or an appendix~~ signed by
1409		-	~~counsel or other credible individuals~~ shall ~~fully disclose all~~
1410		-	~~that is known about~~ the ~~biological parentage~~ of the ~~adoptee.~~
1411		-	~~(e) Except in cases governed by Section 26-10E-26~~ or
1412		-	~~Section 26-10E-27, the petition for adoption shall be filed~~
1413		-	~~with~~ the ~~clerk of the probate court within 60 days after the~~
1414		-	~~adoptee is physically placed with~~ the ~~petitioner or~~
1415		-	~~petitioners for purposes~~ of ~~adoption unless~~ the adoptee ~~is in~~
1416		-	the ~~custody~~ of ~~the Department of Human Resources, a licensed~~
1417		-	~~child placing agency,~~ ~~or is currently receiving care in~~ a
1418		-	~~medical facility~~, ~~except that~~, ~~for good cause shown~~, a
1419		-	~~petition may be filed beyond~~ the ~~60-day period.~~ ~~In cases~~
	1388	+	petition or an affidavit stating that application for the
	1389	+	birth certificate has been made.
	1390	+	(4) Any written authorization allowing the adoptee to
	1391	+	be placed in the home of the petitioner or petitioners.
	1392	+	(5) A copy of any court orders affecting the custody,
	1393	+	visitation with, or parentage of, the adoptee accessible to
	1394	+	the petitioner or petitioners.
	1395	+	(6) Any and all existing express consents and
	1396	+	relinquishments upon which the petitioner or petitioners rely
	1397	+	for the adoption.
	1398	+	(7) If a pre-placement investigation is required under
	1399	+	this chapter, a copy of the pre-placement investigation
	1400	+	report.
	1401	+	(8) An accounting of all anticipated costs and expenses
	1402	+	for the adoption.
	1403	+	(c) In the case of an unknown father, a verified
	1404	+	affidavit signed by the biological mother, under penalty of
	1405	+	perjury, setting forth the following information shall be
	1406	+	attached to the petition, unless the whereabouts of the mother
	1407	+	are unknown, she is deceased, or the parental rights of the
	1408	+	mother and unknown father have been previously terminated as
	1409	+	to the adoptee:
	1410	+	(1) Whether the mother was married at the probable time
	1411	+	of conception of the adoptee, or at a later time, and if so,
	1412	+	the identity and last known address of her husband.
	1413	+	(2) Whether the mother was cohabitating with a man at
	1414	+	the probable time of conception of the adoptee, and, if so,
	1415	+	the identity of the man, his last known address, and why the
1420	1416		673
1421	1417		674
1422	1418		675
1423	1419		676
1424	1420		677
1425	1421		678
1426	1422		679
1427	1423		680
1428	1424		681
1429	1425		682
1430	1426		683
1431	1427		684
1432	1428		685
1433	1429		686
1434	1430		687
1435	1431		688
1436	1432		689
1437	1433		690
1438	1434		691
1439	1435		692
1440	1436		693
1441	1437		694
1442	1438		695
1443	1439		696
1444	1440		697
1445	1441		698
1446	1442		699
1447		-	700 HB101 ~~EnrolledHB101 Enrolled~~
	1443	+	700 HB101 INTRODUCEDHB101 INTRODUCED
1448	1444		Page 26
1449		-	~~governed by Sections 26-10E-26~~ or ~~26-10E-27, the petition may~~
1450		-	~~be filed at any time~~.
1451		-	~~§26-10E-17~~
1452		-	~~(a) Unless notice has been previously waived as~~
1453		-	~~provided in subsection (d)~~, ~~notice~~ of ~~pendency of an adoption~~
1454		-	~~proceeding shall be served by~~ the ~~petitioner on each of~~ the
1455		-	~~following:~~
1456		-	(1) Any ~~individual, agency,~~ ~~or institution whose~~
1457		-	~~consent~~ or ~~relinquishment is required.~~
1458		-	~~(2)~~ The ~~legal father of the adoptee.~~
1459		-	~~(3) The putative father~~ of the ~~adoptee~~, ~~if made~~ known
1460		-	to the ~~court, provided~~ the ~~putative~~ father ~~has complied with~~
1461		-	~~Section 26-10C-1~~.
1462		-	(4) The legal ~~custodian or guardian of the adoptee.~~
1463		-	~~(5)~~ The ~~spouse of a petitioner who is a stepparent~~
1464		-	~~unless express consent is attached to~~ the ~~petition.~~
1465		-	~~(6) A grandparent~~ of the ~~adoptee if~~ the ~~grandparent's~~
1466		-	~~child~~ is ~~a deceased parent of~~ the ~~adoptee and, before his~~ or
1467		-	~~her death,~~ the ~~deceased parent had not executed an express~~
1468		-	~~consent or relinquishment or~~ the ~~deceased parent's parental~~
1469		-	~~relationship to~~ the adoptee ~~had not been otherwise terminated.~~
1470		-	~~(7) Any person~~ known ~~to the petitioner or petitioners~~
1471		-	~~as currently having physical custody of~~ the ~~adoptee~~ or ~~having~~
1472		-	~~visitation rights with~~ the adoptee ~~under an existing court~~
1473		-	~~order.~~
1474		-	~~(8)~~ The ~~agency or individual authorized to investigate~~
1475		-	the ~~adoption under Section 26-10E-19.~~
1476		-	~~(9)~~ The ~~Alabama Department of Human Resources.~~
	1445	+	mother contends the man is not the legal father or putative
	1446	+	father of the adoptee.
	1447	+	(3) Whether the mother has received payments or promise
	1448	+	of support from any man with respect to the adoptee or her
	1449	+	pregnancy, and, if so, the identity of the man, his last known
	1450	+	address, and why the mother contends the man is not the legal
	1451	+	father or putative father of the adoptee.
	1452	+	(4) Whether the mother has named any man as the father
	1453	+	on the birth certificate of the adoptee or in connection with
	1454	+	applying for or receiving public assistance, and if so, the
	1455	+	identity of the man, his last known address, and why the
	1456	+	mother contends the man is not the legal father or putative
	1457	+	father of the adoptee.
	1458	+	(5) Whether the mother identified any man as the legal
	1459	+	father or putative father of the adoptee to any hospital
	1460	+	personnel, and, if so, the identity of the man, his last known
	1461	+	address, the name and address of the hospital, and why the
	1462	+	mother contends the man is not the legal father or putative
	1463	+	father of the adoptee.
	1464	+	(6) Whether the mother has informed any man that he may
	1465	+	be the legal father or putative father of the adoptee, and, if
	1466	+	so, the identity of the man, his last known address, and why
	1467	+	the mother contends the man is not the legal father or
	1468	+	putative father of the adoptee.
	1469	+	(7) Whether any man has formally or informally
	1470	+	acknowledged or claimed paternity of the adoptee in any
	1471	+	jurisdiction at the time of the inquiry, and if so, the
	1472	+	identity of the man, his last known address, and why the
1477	1473		701
1478	1474		702
1479	1475		703
1480	1476		704
1481	1477		705
1482	1478		706
1483	1479		707
1484	1480		708
1485	1481		709
1486	1482		710
1487	1483		711
1488	1484		712
1489	1485		713
1490	1486		714
1491	1487		715
1492	1488		716
1493	1489		717
1494	1490		718
1495	1491		719
1496	1492		720
1497	1493		721
1498	1494		722
1499	1495		723
1500	1496		724
1501	1497		725
1502	1498		726
1503	1499		727
1504		-	728 HB101 ~~EnrolledHB101 Enrolled~~
	1500	+	728 HB101 INTRODUCEDHB101 INTRODUCED
1505	1501		Page 27
1506		-	~~(10) If~~ the ~~adoptee~~ is ~~in foster care,~~ the ~~director of~~
1507		-	~~the county Department~~ of ~~Human Resources with legal custody of~~
1508		-	the ~~adoptee.~~
1509		-	~~(11) Any other person designated by~~ the ~~court.~~
1510		-	~~(b)~~ The ~~notice shall contain all~~ of ~~the following~~
1511		-	~~information:~~
1512		-	~~(1) That a petition for adoption of the adoptee has~~
1513		-	~~been filed in~~ the ~~probate court.~~
1514		-	~~(2) That the notified party may appear in the adoption~~
1515		-	~~proceeding~~ to ~~contest or to support the petition~~.
1516		-	(3) ~~That~~ the ~~notified party has 30 days from~~ the ~~time~~
1517		-	~~of proper service of the notice to respond to the notice.~~
1518		-	~~(4) That,~~ ~~if the notified party fails to respond within~~
1519		-	~~30 days~~ of ~~proper service,~~ the ~~court may construe that failure~~
1520		-	~~as an implied consent to the adoption and as a waiver of a~~
1521		-	~~right to appear and of further notice of~~ the adoption
1522		-	~~proceedings.~~
1523		-	~~(5) That,~~ if the ~~adoption is approved, the parental~~
1524		-	~~rights~~ of the ~~notified party,~~ ~~if any, will be considered~~
1525		-	~~terminated.~~
1526		-	~~(c) Service of the notice shall be made~~ in ~~the~~
1527		-	~~following manner:~~
1528		-	~~(1) Service of process shall~~ be ~~made~~ in ~~accordance with~~
1529		-	the ~~Alabama Rules of Civil Procedure unless otherwise provided~~
1530		-	~~herein~~. ~~Service on the parties designated in subdivisions~~
1531		-	~~(a)(8), (a)(9), and (a)(10) shall be by certified mail. As to~~
1532		-	~~any other individual, agency, or institution for whom~~ notice
1533		-	~~is required under~~ subsection (a), ~~service by certified mail,~~
	1502	+	mother contends the man is not the legal father or putative
	1503	+	father of the adoptee.
	1504	+	(8) That the mother has been informed that her
	1505	+	statement concerning the identity of the legal father or
	1506	+	putative father will be used only for the limited purpose of
	1507	+	adoption and, once the adoption is complete, that such
	1508	+	identity will be sealed.
	1509	+	(9) That the mother acknowledges she is aware of the
	1510	+	remedies available to her for protection from abuse pursuant
	1511	+	to Alabama law, commencing with Section 30-5-1.
	1512	+	(d) The petition, the various documents attached
	1513	+	thereto as required by this section, or an appendix signed by
	1514	+	counsel or other credible individuals shall fully disclose all
	1515	+	that is known about the biological parentage of the adoptee.
	1516	+	(e) Except in cases governed by Section 26-10E-26 or
	1517	+	Section 26-10E-27, the petition for adoption shall be filed
	1518	+	with the clerk of the probate court within 60 days after the
	1519	+	adoptee is physically placed with the petitioner or
	1520	+	petitioners for purposes of adoption unless the adoptee is in
	1521	+	the custody of the Department of Human Resources, a licensed
	1522	+	child placing agency, or is currently receiving care in a
	1523	+	medical facility, except that, for good cause shown, a
	1524	+	petition may be filed beyond the 60-day period. In cases
	1525	+	governed by Sections 26-10E-26 or 26-10E-27, the petition may
	1526	+	be filed at any time.
	1527	+	§26-10E-17
	1528	+	(a) Unless notice has been previously waived as
	1529	+	provided in subsection (d), notice of pendency of an adoption
1534	1530		729
1535	1531		730
1536	1532		731
1537	1533		732
1538	1534		733
1539	1535		734
1540	1536		735
1541	1537		736
1542	1538		737
1543	1539		738
1544	1540		739
1545	1541		740
1546	1542		741
1547	1543		742
1548	1544		743
1549	1545		744
1550	1546		745
1551	1547		746
1552	1548		747
1553	1549		748
1554	1550		749
1555	1551		750
1556	1552		751
1557	1553		752
1558	1554		753
1559	1555		754
1560	1556		755
1561		-	756 HB101 ~~EnrolledHB101 Enrolled~~
	1557	+	756 HB101 INTRODUCEDHB101 INTRODUCED
1562	1558		Page 28
1563		-	~~return receipt requested,~~ shall be ~~sufficient. If this service~~
1564		-	~~cannot be completed after two attempts, upon motion and~~
1565		-	~~affidavit~~, ~~the court shall issue an order providing for one of~~
1566		-	~~the following:~~
1567		-	a. ~~Service by publication.~~
1568		-	~~b. Posting notice in~~ the ~~courthouse~~ of the ~~court~~
1569		-	~~exercising jurisdiction over~~ the ~~adoption proceedings and in~~
1570		-	~~the courthouse of the probate court of the county of the~~
1571		-	~~biological parents'~~ ~~last known address~~.
1572		-	~~c. Any other substituted service as determined by~~ the
1573		-	~~court~~.
1574		-	(d) ~~Service by publication shall be made in~~ the ~~county~~
1575		-	~~of the last known address~~ of the ~~mother~~ and ~~the legal~~ or
1576		-	~~putative father unless no newspaper of general circulation~~
1577		-	~~exists in~~ the ~~county, in which case service by publication~~
1578		-	~~shall be made in a newspaper with general circulation in that~~
1579		-	~~county.~~
1580		-	~~(e)~~ The ~~notice required by this section may be waived~~
1581		-	~~in writing by~~ the ~~person entitled to receive notice. A party~~
1582		-	~~listed in subdivisions (a)(8), (a)(9), and (a)(10) may appoint~~
1583		-	~~an employee~~ to ~~waive notice on its behalf.~~
1584		-	~~(f) Proof of service of~~ the ~~notice on all persons for~~
1585		-	~~whom notice is required by this section must be filed with~~ the
1586		-	~~court before~~ the ~~adjudicatory hearing~~ of ~~a contested case~~
1587		-	~~provided for in Section 26-10E-23.~~
1588		-	~~§26-10E-18~~
1589		-	(a) ~~Once a petitioner or petitioners has received an~~
1590		-	~~adoptee into his or her home for~~ the ~~purposes~~ of ~~adoption and~~
	1559	+	proceeding shall be served by the petitioner on each of the
	1560	+	following:
	1561	+	(1) Any individual, agency, or institution whose
	1562	+	consent or relinquishment is required.
	1563	+	(2) The legal father of the adoptee.
	1564	+	(3) The putative father of the adoptee, if made known
	1565	+	to the court, provided the putative father has complied with
	1566	+	Section 26-10C-1.
	1567	+	(4) The legal custodian or guardian of the adoptee.
	1568	+	(5) The spouse of a petitioner who is a stepparent
	1569	+	unless express consent is attached to the petition.
	1570	+	(6) A grandparent of the adoptee if the grandparent's
	1571	+	child is a deceased parent of the adoptee and, before his or
	1572	+	her death, the deceased parent had not executed an express
	1573	+	consent or relinquishment or the deceased parent's parental
	1574	+	relationship to the adoptee had not been otherwise terminated.
	1575	+	(7) Any person known to the petitioner or petitioners
	1576	+	as currently having physical custody of the adoptee or having
	1577	+	visitation rights with the adoptee under an existing court
	1578	+	order.
	1579	+	(8) The agency or individual authorized to investigate
	1580	+	the adoption under Section 26-10E-19.
	1581	+	(9) The Alabama Department of Human Resources.
	1582	+	(10) If the adoptee is in foster care, the director of
	1583	+	the county Department of Human Resources with legal custody of
	1584	+	the adoptee.
	1585	+	(11) Any other person designated by the court.
	1586	+	(b) The notice shall contain all of the following
1591	1587		757
1592	1588		758
1593	1589		759
1594	1590		760
1595	1591		761
1596	1592		762
1597	1593		763
1598	1594		764
1599	1595		765
1600	1596		766
1601	1597		767
1602	1598		768
1603	1599		769
1604	1600		770
1605	1601		771
1606	1602		772
1607	1603		773
1608	1604		774
1609	1605		775
1610	1606		776
1611	1607		777
1612	1608		778
1613	1609		779
1614	1610		780
1615	1611		781
1616	1612		782
1617	1613		783
1618		-	784 HB101 ~~EnrolledHB101 Enrolled~~
	1614	+	784 HB101 INTRODUCEDHB101 INTRODUCED
1619	1615		Page 29
1620		-	~~a petition for adoption has been filed, an interlocutory order~~
1621		-	~~may be entered delegating to~~ the ~~petitioner or petitioners~~
1622		-	~~both of~~ the ~~following:~~
1623		-	(1) ~~Physical custody,~~ ~~except legal custody shall be~~
1624		-	~~retained by~~ the ~~county Department of Human Resources or the~~
1625		-	~~licensed child placing agency which held legal custody at~~ the
1626		-	~~time~~ of the ~~placement until~~ the ~~entry of final judgment of~~
1627		-	~~adoption.~~
1628		-	~~(2)~~ The ~~responsibility for the care,~~ ~~maintenance, and~~
1629		-	~~support~~ of ~~the adoptee, including any necessary medical or~~
1630		-	~~surgical treatment,~~ ~~pending~~ further ~~order~~ of the ~~court.~~
1631		-	~~(b) This interlocutory order shall not stop the running~~
1632		-	of the ~~time periods proscribed in Section 26-10E-9.~~
1633		-	~~§26-10E-19~~
1634		-	~~(a) A pre-placement investigation shall be completed to~~
1635		-	~~determine~~ the ~~suitability of each petitioner and~~ the ~~home in~~
1636		-	~~which the adoptee will be placed. The pre-placement~~
1637		-	~~investigation~~ shall ~~include a criminal background~~
1638		-	~~investigation and any other circumstances which might be~~
1639		-	~~relevant to~~ the ~~placement of an adoptee with the petitioner or~~
1640		-	~~petitioners~~. ~~The investigation must include, but is not~~
1641		-	~~limited to~~, ~~all the following:~~
1642		-	(1) ~~Letters of suitability for each adult living in the~~
1643		-	~~home of the petitioner or petitioners based on the information~~
1644		-	~~available in this state or the petitioner's place of residence~~
1645		-	~~if other than this state.~~ For ~~the purposes~~ of ~~this section,~~
1646		-	the ~~term "letters of suitability" refers to the Federal Bureau~~
1647		-	~~of Investigation and the State Bureau of Investigation~~
	1616	+	information:
	1617	+	(1) That a petition for adoption of the adoptee has
	1618	+	been filed in the probate court.
	1619	+	(2) That the notified party may appear in the adoption
	1620	+	proceeding to contest or to support the petition.
	1621	+	(3) That the notified party has 30 days from the time
	1622	+	of proper service of the notice to respond to the notice.
	1623	+	(4) That, if the notified party fails to respond within
	1624	+	30 days of proper service, the court may construe that failure
	1625	+	as an implied consent to the adoption and as a waiver of a
	1626	+	right to appear and of further notice of the adoption
	1627	+	proceedings.
	1628	+	(5) That, if the adoption is approved, the parental
	1629	+	rights of the notified party, if any, will be considered
	1630	+	terminated.
	1631	+	(c) Service of the notice shall be made in the
	1632	+	following manner:
	1633	+	(1) Service of process shall be made in accordance with
	1634	+	the Alabama Rules of Civil Procedure unless otherwise provided
	1635	+	herein. Service on the parties designated in subdivisions
	1636	+	(a)(8), (a)(9), and (a)(10) shall be by certified mail. As to
	1637	+	any other individual, agency, or institution for whom notice
	1638	+	is required under subsection (a), service by certified mail,
	1639	+	return receipt requested, shall be sufficient. If this service
	1640	+	cannot be completed after two attempts, upon motion and
	1641	+	affidavit, the court shall issue an order providing for one of
	1642	+	the following:
	1643	+	a. Service by publication.
1648	1644		785
1649	1645		786
1650	1646		787
1651	1647		788
1652	1648		789
1653	1649		790
1654	1650		791
1655	1651		792
1656	1652		793
1657	1653		794
1658	1654		795
1659	1655		796
1660	1656		797
1661	1657		798
1662	1658		799
1663	1659		800
1664	1660		801
1665	1661		802
1666	1662		803
1667	1663		804
1668	1664		805
1669	1665		806
1670	1666		807
1671	1667		808
1672	1668		809
1673	1669		810
1674	1670		811
1675		-	812 HB101 ~~EnrolledHB101 Enrolled~~
	1671	+	812 HB101 INTRODUCEDHB101 INTRODUCED
1676	1672		Page 30
1677		-	~~clearances~~.
1678		-	~~(2) Child abuse~~ and ~~neglect clearances pursuant to the~~
1679		-	~~Adam Walsh Act,~~ ~~Public Law 109-248, for all household members~~
1680		-	~~14 years of age and older from any state in which any~~
1681		-	~~petitioner has resided for five years or more.~~
1682		-	~~(3) The anticipated costs and expenses related to the~~
1683		-	~~adoption.~~
1684		-	~~(4) Any agency~~ and ~~social worker licenses.~~
1685		-	~~(5) Six reference letters,~~ ~~four unrelated to the~~
1686		-	~~petitioner or petitioners~~ by ~~blood or marriage and two related~~
1687		-	~~to the petitioner or petitioners by blood or marriage.~~ If
1688		-	~~there are two petitioners, one related reference letter shall~~
1689		-	~~be written~~ by ~~a member of each petitioner's family.~~
1690		-	~~(6) Medical reports on all individuals living~~ in the
1691		-	~~home~~, and ~~letters from any prescribing doctors for any~~
1692		-	~~controlled substance prescriptions~~.
1693		-	(7) The ~~financial worksheets~~ for ~~each petitioner for~~
1694		-	~~the previous tax year or a copy of~~ the ~~previous year's tax~~
1695		-	~~returns.~~
1696		-	~~(8) Copies of each petitioner's birth certificates and~~
1697		-	~~marriage licenses.~~
1698		-	(9) ~~Copies of current pet vaccinations.~~
1699		-	~~(10) Copies~~ of ~~any divorce decrees, if applicable.~~
1700		-	~~(11) Copies of any death certificates~~, ~~if applicable.~~
1701		-	~~(12) Verification of who will do supervisory visits,~~ if
1702		-	~~applicable.~~
1703		-	(13) ~~A written biography of each petitioner~~, ~~including~~
1704		-	~~medical and social history.~~
	1673	+	b. Posting notice in the courthouse of the court
	1674	+	exercising jurisdiction over the adoption proceedings and in
	1675	+	the courthouse of the probate court of the county of the
	1676	+	biological parents' last known address.
	1677	+	c. Any other substituted service as determined by the
	1678	+	court.
	1679	+	(d) Service by publication shall be made in the county
	1680	+	of the last known address of the mother and the legal or
	1681	+	putative father unless no newspaper of general circulation
	1682	+	exists in the county, in which case service by publication
	1683	+	shall be made in a newspaper with general circulation in that
	1684	+	county.
	1685	+	(e) The notice required by this section may be waived
	1686	+	in writing by the person entitled to receive notice. A party
	1687	+	listed in subdivisions (a)(8), (a)(9), and (a)(10) may appoint
	1688	+	an employee to waive notice on its behalf.
	1689	+	(f) Proof of service of the notice on all persons for
	1690	+	whom notice is required by this section must be filed with the
	1691	+	court before the adjudicatory hearing of a contested case
	1692	+	provided for in Section 26-10E-23.
	1693	+	§26-10E-18
	1694	+	(a) Once a petitioner or petitioners has received an
	1695	+	adoptee into his or her home for the purposes of adoption and
	1696	+	a petition for adoption has been filed, an interlocutory order
	1697	+	may be entered delegating to the petitioner or petitioners
	1698	+	both of the following:
	1699	+	(1) Physical custody, except legal custody shall be
	1700	+	retained by the county Department of Human Resources or the
1705	1701		813
1706	1702		814
1707	1703		815
1708	1704		816
1709	1705		817
1710	1706		818
1711	1707		819
1712	1708		820
1713	1709		821
1714	1710		822
1715	1711		823
1716	1712		824
1717	1713		825
1718	1714		826
1719	1715		827
1720	1716		828
1721	1717		829
1722	1718		830
1723	1719		831
1724	1720		832
1725	1721		833
1726	1722		834
1727	1723		835
1728	1724		836
1729	1725		837
1730	1726		838
1731	1727		839
1732		-	840 HB101 ~~EnrolledHB101 Enrolled~~
	1728	+	840 HB101 INTRODUCEDHB101 INTRODUCED
1733	1729		Page 31
1734		-	~~(14) A home safety inspection indicating that~~ the ~~home~~
1735		-	of the ~~petitioner or petitioners is safe for~~ the ~~adoptee's~~
1736		-	~~residency~~.
1737		-	(15) ~~Any other requirement pursuant to Title 660 of~~ the
1738		-	~~Alabama Administrative Code or~~ any ~~other rule adopted by the~~
1739		-	~~Department~~ of ~~Human Resources~~.
1740		-	(b) ~~An individual or married couple may initiate a~~
1741		-	~~pre-placement investigation by request through either~~ of the
1742		-	~~following individuals:~~
1743		-	(1) ~~Anyone authorized in the jurisdiction in which the~~
1744		-	petitioner ~~or petitioners reside.~~
1745		-	~~(2) Anyone approved by~~ the ~~probate court under~~ the
1746		-	~~qualifications of subsection (f) to perform the pre-placement~~
1747		-	investigation.
1748		-	~~(c) Notwithstanding subdivision (b)(1),~~ the ~~court on~~
1749		-	~~its own motion may order~~ the ~~pre-placement~~ investigation be
1750		-	~~performed by an agency or individual other than~~ the ~~agency~~
1751		-	~~placing~~ the ~~adoptee.~~
1752		-	~~(d) Upon completion~~ of the ~~pre-placement investigation,~~
1753		-	~~a copy~~ of ~~the pre-placement investigative report shall be sent~~
1754		-	to the ~~petitioner or petitioners.~~ ~~The pre-placement~~
1755		-	~~investigative report is~~ to ~~be filed with~~ the ~~court at the time~~
1756		-	of the ~~filing~~ of ~~the petition for adoption unless the court~~
1757		-	~~grants leave to file the report after the filing of the~~
1758		-	~~petition for good cause shown on~~ the ~~record. The pre-placement~~
1759		-	~~investigation must be performed within 12 months of the filing~~
1760		-	of ~~the petition for adoption.~~
1761		-	~~(e) No judgment~~ for ~~the adoption of any adoptee shall~~
	1730	+	licensed child placing agency which held legal custody at the
	1731	+	time of the placement until the entry of final judgment of
	1732	+	adoption.
	1733	+	(2) The responsibility for the care, maintenance, and
	1734	+	support of the adoptee, including any necessary medical or
	1735	+	surgical treatment, pending further order of the court.
	1736	+	(b) This interlocutory order shall not stop the running
	1737	+	of the time periods proscribed in Section 26-10E-9.
	1738	+	§26-10E-19
	1739	+	(a) A pre-placement investigation shall be completed to
	1740	+	determine the suitability of each petitioner and the home in
	1741	+	which the adoptee will be placed. The pre-placement
	1742	+	investigation shall include a criminal background
	1743	+	investigation and any other circumstances which might be
	1744	+	relevant to the placement of an adoptee with the petitioner or
	1745	+	petitioners. The investigation must include, but is not
	1746	+	limited to, all the following:
	1747	+	(1) Letters of suitability for each adult living in the
	1748	+	home of the petitioner or petitioners based on the information
	1749	+	available in this state or the petitioner's place of residence
	1750	+	if other than this state. For the purposes of this section,
	1751	+	the term "letters of suitability" refers to the Federal Bureau
	1752	+	of Investigation and the State Bureau of Investigation
	1753	+	clearances.
	1754	+	(2) Child abuse and neglect clearances pursuant to the
	1755	+	Adam Walsh Act, Public Law 109-248, for all household members
	1756	+	14 years of age and older from any state in which any
	1757	+	petitioner has resided for five years or more.
1762	1758		841
1763	1759		842
1764	1760		843
1765	1761		844
1766	1762		845
1767	1763		846
1768	1764		847
1769	1765		848
1770	1766		849
1771	1767		850
1772	1768		851
1773	1769		852
1774	1770		853
1775	1771		854
1776	1772		855
1777	1773		856
1778	1774		857
1779	1775		858
1780	1776		859
1781	1777		860
1782	1778		861
1783	1779		862
1784	1780		863
1785	1781		864
1786	1782		865
1787	1783		866
1788	1784		867
1789		-	868 HB101 ~~EnrolledHB101 Enrolled~~
	1785	+	868 HB101 INTRODUCEDHB101 INTRODUCED
1790	1786		Page 32
1791		-	~~be entered until a full post-placement~~ ~~investigative report~~
1792		-	~~has been completed and filed with the court concerning all of~~
1793		-	~~the following:~~
1794		-	(1) ~~Why~~ the ~~biological parents or legal parents, if~~
1795		-	~~living, desire to be relieved of the care, support,~~ and
1796		-	~~guardianship of~~ the ~~adoptee~~.
1797		-	~~(2) Whether the biological parents or legal parents~~
1798		-	~~have abandoned the adoptee or are otherwise unsuited to have~~
1799		-	~~custody of~~ the ~~adoptee.~~
1800		-	~~(3)~~ Any ~~orders, judgments,~~ ~~or decrees affecting the~~
1801		-	~~custody of the adoptee or any children of any petitioner as~~
1802		-	~~can be determined by a due diligence search.~~
1803		-	~~(4) Any property owned by~~ the ~~adoptee.~~
1804		-	~~(5) The updated medical and mental health histories of~~
1805		-	~~the adoptee.~~ ~~These documents shall also be provided to the~~
1806		-	~~petitioner or petitioners in writing before the final decree~~
1807		-	~~is entered~~.
1808		-	(6) ~~The updated medical and mental health histories~~ of
1809		-	~~the adoptee's biological parents~~.
1810		-	(7) ~~Any other circumstances which may be relevant to~~
1811		-	~~the placement of the adoptee with the petitioner or~~
1812		-	~~petitioners.~~
1813		-	~~(8) The updated letters of suitability, the updated~~
1814		-	~~Child Abuse and Neglect Clearances,~~ ~~updated criminal records~~
1815		-	~~from the county in which~~ the petitioner or petitioners ~~have~~
1816		-	~~resided for the two years prior to the finalization of the~~
1817		-	~~adoption, and updated results from~~ the ~~National Sex Offender~~
1818		-	~~Public Registry.~~
	1787	+	(3) The anticipated costs and expenses related to the
	1788	+	adoption.
	1789	+	(4) Any agency and social worker licenses.
	1790	+	(5) Six reference letters, four unrelated to the
	1791	+	petitioner or petitioners by blood or marriage and two related
	1792	+	to the petitioner or petitioners by blood or marriage. If
	1793	+	there are two petitioners, one related reference letter shall
	1794	+	be written by a member of each petitioner's family.
	1795	+	(6) Medical reports on all individuals living in the
	1796	+	home, and letters from any prescribing doctors for any
	1797	+	controlled substance prescriptions.
	1798	+	(7) The financial worksheets for each petitioner for
	1799	+	the previous tax year or a copy of the previous year's tax
	1800	+	returns.
	1801	+	(8) Copies of each petitioner's birth certificates and
	1802	+	marriage licenses.
	1803	+	(9) Copies of current pet vaccinations.
	1804	+	(10) Copies of any divorce decrees, if applicable.
	1805	+	(11) Copies of any death certificates, if applicable.
	1806	+	(12) Verification of who will do supervisory visits, if
	1807	+	applicable.
	1808	+	(13) A written biography of each petitioner, including
	1809	+	medical and social history.
	1810	+	(14) A home safety inspection indicating that the home
	1811	+	of the petitioner or petitioners is safe for the adoptee's
	1812	+	residency.
	1813	+	(15) Any other requirement pursuant to Title 660 of the
	1814	+	Alabama Administrative Code or any other rule adopted by the
1819	1815		869
1820	1816		870
1821	1817		871
1822	1818		872
1823	1819		873
1824	1820		874
1825	1821		875
1826	1822		876
1827	1823		877
1828	1824		878
1829	1825		879
1830	1826		880
1831	1827		881
1832	1828		882
1833	1829		883
1834	1830		884
1835	1831		885
1836	1832		886
1837	1833		887
1838	1834		888
1839	1835		889
1840	1836		890
1841	1837		891
1842	1838		892
1843	1839		893
1844	1840		894
1845	1841		895
1846		-	896 HB101 ~~EnrolledHB101 Enrolled~~
	1842	+	896 HB101 INTRODUCEDHB101 INTRODUCED
1847	1843		Page 33
1848		-	(9) If applicable to the adoption, the court shall
1849		-	ensure compliance with the Interstate Compact for the
1850		-	Placement of Children, codified as Section 44-2-20. Proof of
1851		-	compliance is determined by the authorized signatures of the
1852		-	sending and receiving states on the Interstate Compact on the
1853		-	Placement of Children Request Form.
1854		-	(f) The required pre-placement and post-placement
1855		-	investigations must be performed by one of the following:
1856		-	(1) The Department of Human Resources.
1857		-	(2) A licensed child placing agency.
1858		-	(3) A social worker licensed by the State Board of
1859		-	Social Work Examiners who is also certified by the State Board
1860		-	of Social Work Examiners for private independent practice in
1861		-	the social casework specialty, as provided in Section 34-30-3.
1862		-	(g) Notwithstanding subdivision (f), the court on its
1863		-	own motion may order the post-placement investigation be
	1844	+	Department of Human Resources.
	1845	+	(b) An individual or married couple may initiate a
	1846	+	pre-placement investigation by request through either of the
	1847	+	following individuals:
	1848	+	(1) Anyone authorized in the jurisdiction in which the
	1849	+	petitioner or petitioners reside.
	1850	+	(2) Anyone approved by the probate court under the
	1851	+	qualifications of subsection (f) to perform the pre-placement
	1852	+	investigation.
	1853	+	(c) Notwithstanding subdivision (b)(1), the court on
	1854	+	its own motion may order the pre-placement investigation be
1864	1855		performed by an agency or individual other than the agency
1865		-	placing the adoptee when the court has cause to believe the
1866		-	post-placement investigation is insufficient.
1867		-	(h) In every adoption proceeding, after a child has
1868		-	been placed in the home of the petitioner or petitioners, the
1869		-	post-placement investigator must observe the adoptee and
1870		-	interview each petitioner in his or her home as soon as
1871		-	possible after notice of the placement but within 45 days
1872		-	after the placement.
1873		-	(i) The investigator shall complete and file the
1874		-	pre-placement written investigative report with the court
1875		-	within 60 days from receipt of notice of the proceeding and
	1856	+	placing the adoptee.
	1857	+	(d) Upon completion of the pre-placement investigation,
	1858	+	a copy of the pre-placement investigative report shall be sent
	1859	+	to the petitioner or petitioners. The pre-placement
	1860	+	investigative report is to be filed with the court at the time
	1861	+	of the filing of the petition for adoption unless the court
	1862	+	grants leave to file the report after the filing of the
	1863	+	petition for good cause shown on the record. The pre-placement
	1864	+	investigation must be performed within 12 months of the filing
	1865	+	of the petition for adoption.
	1866	+	(e) No judgment for the adoption of any adoptee shall
	1867	+	be entered until a full post-placement investigative report
	1868	+	has been completed and filed with the court concerning all of
	1869	+	the following:
	1870	+	(1) Why the biological parents or legal parents, if
	1871	+	living, desire to be relieved of the care, support, and
1876	1872		897
1877	1873		898
1878	1874		899
1879	1875		900
1880	1876		901
1881	1877		902
1882	1878		903
1883	1879		904
1884	1880		905
1885	1881		906
1886	1882		907
1887	1883		908
1888	1884		909
1889	1885		910
1890	1886		911
1891	1887		912
1892	1888		913
1893	1889		914
1894	1890		915
1895	1891		916
1896	1892		917
1897	1893		918
1898	1894		919
1899	1895		920
1900	1896		921
1901	1897		922
1902	1898		923
1903		-	924 HB101 ~~EnrolledHB101 Enrolled~~
	1899	+	924 HB101 INTRODUCEDHB101 INTRODUCED
1904	1900		Page 34
1905		-	~~shall deliver a copy~~ of the ~~pre-placement investigative report~~
1906		-	~~to each petitioner's attorney~~ or ~~to each petitioner appearing~~
1907		-	~~pro se.~~ The ~~pre-placement investigative report shall include a~~
1908		-	~~verification of all allegations~~ of the ~~petition~~. ~~The~~
1909		-	~~pre-placement investigative report shall include sufficient~~
1910		-	~~facts for~~ the ~~court to determine whether there has been~~
1911		-	~~compliance with consent or relinquishment provisions of this~~
1912		-	~~chapter.~~ The ~~post-placement investigative report shall include~~
1913		-	~~all~~ the ~~information enumerated within subdivisions (a)(1)~~
1914		-	~~through (a)(10) that was not obtained in~~ the ~~pre-placement~~
1915		-	~~investigation required under subsection (a).~~ The
1916		-	~~post-placement investigative report shall be submitted in a~~
1917		-	~~form developed by~~ the ~~Department~~ of ~~Human Resources in~~
1918		-	~~conjunction with~~ the ~~Alabama Probate Judges Association and~~
1919		-	~~the Alabama Law Institute.~~
1920		-	~~(j) Upon a showing~~ of ~~good cause and after notice to~~
1921		-	~~the~~ petitioners~~, the court may grant extensions of time to the~~
1922		-	~~investigator to file an investigative report.~~ ~~Notwithstanding~~
1923		-	~~this extension of time, the pre-placement~~ and ~~post-placement~~
1924		-	~~investigative reports must be filed prior to~~ the ~~entry of~~ the
1925		-	~~final judgment.~~
1926		-	~~(k) Notwithstanding this section~~, ~~no investigations~~
1927		-	~~shall be required for those adoptions under Sections 26-10E-26~~
1928		-	~~and 26-10E-27 unless ordered by~~ the court ~~or otherwise~~
1929		-	~~required by Article 8 of Section 44-2-20.~~
1930		-	~~(l) When an investigation has been conducted~~, ~~the~~
1931		-	~~investigatory report shall not be conclusive but may be~~
1932		-	~~considered along with other evidence.~~
	1901	+	guardianship of the adoptee.
	1902	+	(2) Whether the biological parents or legal parents
	1903	+	have abandoned the adoptee or are otherwise unsuited to have
	1904	+	custody of the adoptee.
	1905	+	(3) Any orders, judgments, or decrees affecting the
	1906	+	custody of the adoptee or any children of any petitioner as
	1907	+	can be determined by a due diligence search.
	1908	+	(4) Any property owned by the adoptee.
	1909	+	(5) The updated medical and mental health histories of
	1910	+	the adoptee. These documents shall also be provided to the
	1911	+	petitioner or petitioners in writing before the final decree
	1912	+	is entered.
	1913	+	(6) The updated medical and mental health histories of
	1914	+	the adoptee's biological parents.
	1915	+	(7) Any other circumstances which may be relevant to
	1916	+	the placement of the adoptee with the petitioner or
	1917	+	petitioners.
	1918	+	(8) The updated letters of suitability, the updated
	1919	+	Child Abuse and Neglect Clearances, updated criminal records
	1920	+	from the county in which the petitioner or petitioners have
	1921	+	resided for the two years prior to the finalization of the
	1922	+	adoption, and updated results from the National Sex Offender
	1923	+	Public Registry.
	1924	+	(9) If applicable to the adoption, the court shall
	1925	+	ensure compliance with the Interstate Compact for the
	1926	+	Placement of Children, codified as Section 44-2-20. Proof of
	1927	+	compliance is determined by the authorized signatures of the
	1928	+	sending and receiving states on the Interstate Compact on the
1933	1929		925
1934	1930		926
1935	1931		927
1936	1932		928
1937	1933		929
1938	1934		930
1939	1935		931
1940	1936		932
1941	1937		933
1942	1938		934
1943	1939		935
1944	1940		936
1945	1941		937
1946	1942		938
1947	1943		939
1948	1944		940
1949	1945		941
1950	1946		942
1951	1947		943
1952	1948		944
1953	1949		945
1954	1950		946
1955	1951		947
1956	1952		948
1957	1953		949
1958	1954		950
1959	1955		951
1960		-	952 HB101 ~~EnrolledHB101 Enrolled~~
	1956	+	952 HB101 INTRODUCEDHB101 INTRODUCED
1961	1957		Page 35
1962		-	~~(m) The court may,~~ ~~in its discretion, order the~~
1963		-	~~appointment of a court representative to investigate~~ and
1964		-	~~evaluate any matters relating to adoption,~~ ~~including~~ the ~~best~~
1965		-	~~interests~~ of ~~the adoptee~~.
1966		-	~~§26-10E-20~~
1967		-	~~After~~ the ~~petitioner or petitioners have received the~~
1968		-	~~adoptee into his,~~ ~~her, or their home,~~ the ~~adoptee shall not be~~
1969		-	~~removed from the county~~ in ~~which the petitioner or petitioners~~
1970		-	~~reside until~~ the ~~final judgment has been entered for a period~~
1971		-	~~of longer than 15 consecutive days~~, ~~unless notice is given to~~
1972		-	the ~~investigative agency or individual.~~
1973		-	~~§26-10E-21~~
1974		-	~~(a) In making adoption arrangements,~~ ~~potential adoptive~~
1975		-	~~parents and biological parents may obtain counsel to provide~~
1976		-	~~legal advice and assistance.~~
1977		-	~~(b) When required by this chapter~~, the ~~court may~~
1978		-	~~appoint a guardian ad litem for~~ the adoptee~~, any mentally~~
1979		-	~~incapacitated person,~~ or ~~a minor.~~ ~~In cases in which a guardian~~
1980		-	~~ad litem is not required by this chapter, upon a motion~~ of a
1981		-	~~party or on its own motion,~~ the ~~court may appoint a guardian~~
1982		-	~~ad litem for good cause shown.~~
1983		-	~~(c)~~ The ~~fees of the guardian ad litem shall be assessed~~
1984		-	by the ~~court~~ and ~~taxed as costs upon the conclusion of~~
1985		-	~~services provided by~~ the ~~guardian ad litem; provided, however,~~
1986		-	~~that in contested cases under Section 26-10E-23, the court~~
1987		-	~~shall assess and award~~ the ~~guardian ad litem~~ a ~~fee at the time~~
1988		-	of ~~appointment based on~~ the ~~reasonable amount of fees expected~~
1989		-	~~to be incurred. The fees~~ shall ~~be payable by the contestant~~
	1958	+	Placement of Children Request Form.
	1959	+	(f) The required pre-placement and post-placement
	1960	+	investigations must be performed by one of the following:
	1961	+	(1) The Department of Human Resources.
	1962	+	(2) A licensed child placing agency.
	1963	+	(3) A social worker licensed by the State Board of
	1964	+	Social Work Examiners who is also certified by the State Board
	1965	+	of Social Work Examiners for private independent practice in
	1966	+	the social casework specialty, as provided in Section 34-30-3.
	1967	+	(g) Notwithstanding subdivision (f), the court on its
	1968	+	own motion may order the post-placement investigation be
	1969	+	performed by an agency or individual other than the agency
	1970	+	placing the adoptee when the court has cause to believe the
	1971	+	post-placement investigation is insufficient.
	1972	+	(h) In every adoption proceeding, after a child has
	1973	+	been placed in the home of the petitioner or petitioners, the
	1974	+	post-placement investigator must observe the adoptee and
	1975	+	interview each petitioner in his or her home as soon as
	1976	+	possible after notice of the placement but within 45 days
	1977	+	after the placement.
	1978	+	(i) The investigator shall complete and file the
	1979	+	pre-placement written investigative report with the court
	1980	+	within 60 days from receipt of notice of the proceeding and
	1981	+	shall deliver a copy of the pre-placement investigative report
	1982	+	to each petitioner's attorney or to each petitioner appearing
	1983	+	pro se. The pre-placement investigative report shall include a
	1984	+	verification of all allegations of the petition. The
	1985	+	pre-placement investigative report shall include sufficient
1990	1986		953
1991	1987		954
1992	1988		955
1993	1989		956
1994	1990		957
1995	1991		958
1996	1992		959
1997	1993		960
1998	1994		961
1999	1995		962
2000	1996		963
2001	1997		964
2002	1998		965
2003	1999		966
2004	2000		967
2005	2001		968
2006	2002		969
2007	2003		970
2008	2004		971
2009	2005		972
2010	2006		973
2011	2007		974
2012	2008		975
2013	2009		976
2014	2010		977
2015	2011		978
2016	2012		979
2017		-	980 HB101 ~~EnrolledHB101 Enrolled~~
	2013	+	980 HB101 INTRODUCEDHB101 INTRODUCED
2018	2014		Page 36
2019		-	~~and the petitioner proportionately as determined by~~ the court,
2020		-	~~subject to the authority~~ of ~~the court to revise the amount or~~
2021		-	~~proportionate responsibility for~~ the ~~fees upon entry of the~~
2022		-	~~final judgment adjudicating~~ the ~~contest.~~
2023		-	(d) The ~~court shall have the power to enforce any award~~
2024		-	~~of fees to~~ the ~~guardian ad litem through contempt or other~~
2025		-	~~enforcement proceedings.~~
2026		-	~~§26-10E-22~~
2027		-	~~(a) No individual,~~ ~~organization, group,~~ ~~agency, or any~~
2028		-	~~legal entity may accept any fee whatsoever for bringing any~~
2029		-	~~petitioner together with the adoptee or the parents~~ of ~~the~~
2030		-	~~adoptee.~~
2031		-	~~(2) A violation of this section is a Class A~~
2032		-	~~misdemeanor~~, ~~except that a second or subsequent conviction is~~
2033		-	~~a Class C felony.~~
2034		-	~~(b)(1) The petitioner or petitioners may provide~~
2035		-	~~payment for maternity-connected~~ ~~expenses~~, ~~medical or hospital~~
2036		-	~~expenses, and necessary living expenses of the mother~~
2037		-	~~preceding~~ and ~~during pregnancy-related~~ ~~incapacity, provided~~
2038		-	~~that the payment is not contingent upon the placement~~ of ~~the~~
2039		-	~~minor child for adoption~~, ~~consent to~~ the ~~adoption, or~~
2040		-	~~cooperation in the completion of the adoption.~~
2041		-	~~(2) Prior to any payment pursuant to this subsection,~~
2042		-	~~the petitioner or petitioners must file with~~ the court ~~a full~~
2043		-	~~accounting~~ of ~~all charges for expenses,~~ ~~fees, or services they~~
2044		-	~~or individuals acting on their behalf will be paying~~ relating
2045		-	to the ~~adoption~~. ~~Payment may be made only with court approval~~
2046		-	~~except that fees may be placed in an escrow account prior to~~
	2015	+	facts for the court to determine whether there has been
	2016	+	compliance with consent or relinquishment provisions of this
	2017	+	chapter. The post-placement investigative report shall include
	2018	+	all the information enumerated within subdivisions (a)(1)
	2019	+	through (a)(10) that was not obtained in the pre-placement
	2020	+	investigation required under subsection (a). The
	2021	+	post-placement investigative report shall be submitted in a
	2022	+	form developed by the Department of Human Resources in
	2023	+	conjunction with the Alabama Probate Judges Association and
	2024	+	the Alabama Law Institute.
	2025	+	(j) Upon a showing of good cause and after notice to
	2026	+	the petitioners, the court may grant extensions of time to the
	2027	+	investigator to file an investigative report. Notwithstanding
	2028	+	this extension of time, the pre-placement and post-placement
	2029	+	investigative reports must be filed prior to the entry of the
	2030	+	final judgment.
	2031	+	(k) Notwithstanding this section, no investigations
	2032	+	shall be required for those adoptions under Sections 26-10E-26
	2033	+	and 26-10E-27 unless ordered by the court or otherwise
	2034	+	required by Article 8 of Section 44-2-20.
	2035	+	(l) When an investigation has been conducted, the
	2036	+	investigatory report shall not be conclusive but may be
	2037	+	considered along with other evidence.
	2038	+	(m) The court may, in its discretion, order the
	2039	+	appointment of a court representative to investigate and
	2040	+	evaluate any matters relating to adoption, including the best
	2041	+	interests of the adoptee.
	2042	+	§26-10E-20
2047	2043		981
2048	2044		982
2049	2045		983
2050	2046		984
2051	2047		985
2052	2048		986
2053	2049		987
2054	2050		988
2055	2051		989
2056	2052		990
2057	2053		991
2058	2054		992
2059	2055		993
2060	2056		994
2061	2057		995
2062	2058		996
2063	2059		997
2064	2060		998
2065	2061		999
2066	2062		1000
2067	2063		1001
2068	2064		1002
2069	2065		1003
2070	2066		1004
2071	2067		1005
2072	2068		1006
2073	2069		1007
2074		-	1008 HB101 ~~EnrolledHB101 Enrolled~~
	2070	+	1008 HB101 INTRODUCEDHB101 INTRODUCED
2075	2071		Page 37
2076		-	~~court approval.~~ The ~~court may not refuse to approve a fee for~~
2077		-	~~documented services on~~ the ~~sole basis that a prospective~~
2078		-	~~adoptee has not been placed.~~ The ~~court shall approve all~~
2079		-	~~reasonable fees and expenses unless determined by~~ the ~~court to~~
2080		-	~~be unreasonable based upon specific written findings~~ of ~~fact.~~
2081		-	~~(c) Unless otherwise provided in this chapter, the~~
2082		-	~~petitioner or petitioners must also file a sworn statement~~
2083		-	~~that is~~ a ~~full accounting of all disbursements paid~~ in ~~the~~
2084		-	~~adoption.~~
2085		-	~~(d) Under penalty of perjury, the adoptive parents~~ and
2086		-	~~the parent or parents surrendering~~ the ~~adoptee for adoption,~~
2087		-	~~prior to~~ the ~~entry of the final judgment of adoption~~, ~~shall~~
2088		-	~~sign affidavits stating that no monies~~ or ~~other things of~~
2089		-	~~value have been paid or received in exchange for the consent~~
2090		-	or ~~relinquishment of~~ the ~~minor for adoption.~~ ~~In addition to~~
2091		-	~~any penalties~~ for ~~perjury, the payment or receipt of money in~~
2092		-	~~violation~~ of ~~this section~~ shall be ~~punished as set forth in~~
2093		-	~~Section 26-10E-33.~~
2094		-	~~§26-10E-23~~
2095		-	~~(a) Upon~~ the ~~filing of a pleading or a motion by a~~
2096		-	~~party contesting~~ the ~~adoption, or upon transfer of~~ a ~~contested~~
2097		-	~~case pursuant to Section 26-10E-3,~~ the ~~court shall forthwith~~
2098		-	~~set~~ the ~~matter for a contested hearing to determine each of~~
2099		-	the ~~following:~~
2100		-	~~(1) Whether~~ the ~~best interests~~ of the ~~adoptee will be~~
2101		-	~~served by~~ the ~~adoption.~~
2102		-	~~(2) Whether~~ the ~~adoptee is available for adoption by~~
2103		-	~~each petitioner and whether each petitioner qualifies~~ to ~~adopt~~
	2072	+	After the petitioner or petitioners have received the
	2073	+	adoptee into his, her, or their home, the adoptee shall not be
	2074	+	removed from the county in which the petitioner or petitioners
	2075	+	reside until the final judgment has been entered for a period
	2076	+	of longer than 15 consecutive days, unless notice is given to
	2077	+	the investigative agency or individual.
	2078	+	§26-10E-21
	2079	+	(a) In making adoption arrangements, potential adoptive
	2080	+	parents and biological parents may obtain counsel to provide
	2081	+	legal advice and assistance.
	2082	+	(b) When required by this chapter, the court may
	2083	+	appoint a guardian ad litem for the adoptee, any mentally
	2084	+	incapacitated person, or a minor. In cases in which a guardian
	2085	+	ad litem is not required by this chapter, upon a motion of a
	2086	+	party or on its own motion, the court may appoint a guardian
	2087	+	ad litem for good cause shown.
	2088	+	(c) The fees of the guardian ad litem shall be assessed
	2089	+	by the court and taxed as costs upon the conclusion of
	2090	+	services provided by the guardian ad litem; provided, however,
	2091	+	that in contested cases under Section 26-10E-23, the court
	2092	+	shall assess and award the guardian ad litem a fee at the time
	2093	+	of appointment based on the reasonable amount of fees expected
	2094	+	to be incurred. The fees shall be payable by the contestant
	2095	+	and the petitioner proportionately as determined by the court,
	2096	+	subject to the authority of the court to revise the amount or
	2097	+	proportionate responsibility for the fees upon entry of the
	2098	+	final judgment adjudicating the contest.
	2099	+	(d) The court shall have the power to enforce any award
2104	2100		1009
2105	2101		1010
2106	2102		1011
2107	2103		1012
2108	2104		1013
2109	2105		1014
2110	2106		1015
2111	2107		1016
2112	2108		1017
2113	2109		1018
2114	2110		1019
2115	2111		1020
2116	2112		1021
2117	2113		1022
2118	2114		1023
2119	2115		1024
2120	2116		1025
2121	2117		1026
2122	2118		1027
2123	2119		1028
2124	2120		1029
2125	2121		1030
2126	2122		1031
2127	2123		1032
2128	2124		1033
2129	2125		1034
2130	2126		1035
2131		-	1036 HB101 ~~EnrolledHB101 Enrolled~~
	2127	+	1036 HB101 INTRODUCEDHB101 INTRODUCED
2132	2128		Page 38
2133		-	~~an adoptee within~~ the ~~requirements of this chapter.~~
2134		-	~~(3) Whether all necessary express consent, implied~~
2135		-	~~consent, or relinquishment to the adoption have been given~~
2136		-	~~and~~, ~~if so~~, ~~are valid.~~
2137		-	~~(4) Whether an express consent or relinquishment has~~
2138		-	~~been~~ or ~~may be withdrawn.~~
2139		-	~~(b) The court shall give at least 14 days of notice of~~
2140		-	~~the contested hearing by United States mail to all parties who~~
2141		-	~~have appeared before the court~~, ~~unless notice has been waived~~
2142		-	~~in writing~~. ~~The party contesting the adoption and each~~
2143		-	~~petitioner shall be present at~~ the ~~contested hearing.~~ A
2144		-	~~guardian ad litem shall appear and represent the interests of~~
2145		-	the ~~adoptee. Any contestant who is a mentally incapacitated~~
2146		-	~~person or a minor shall also be represented by a guardian ad~~
2147		-	~~litem in addition to any counsel retained by~~ the ~~contestant.~~
2148		-	~~(c)~~ The ~~court may continue the hearing from time to~~
2149		-	~~time to permit notice to all parties, or to permit further~~
2150		-	~~discovery, observation,~~ ~~investigation, or consideration of~~ any
2151		-	~~fact~~ or ~~circumstance affecting~~ the ~~granting or denial of the~~
2152		-	~~adoption petition.~~ ~~The court may order the investigator~~
2153		-	~~appointed under Section 26-10E-19,~~ or ~~a court representative~~
2154		-	to ~~investigate allegations underlying~~ the ~~contest or the~~
2155		-	~~whereabouts of any person entitled~~ to ~~notice of the~~
2156		-	~~proceeding~~.
2157		-	~~(d) After hearing evidence at~~ a ~~contested hearing, the~~
2158		-	court shall ~~decide the contest as soon as practicable. If it~~
2159		-	is determined by the court ~~that the adoption petition should~~
2160		-	be ~~denied, the court shall either transfer the case to the~~
	2129	+	of fees to the guardian ad litem through contempt or other
	2130	+	enforcement proceedings.
	2131	+	§26-10E-22
	2132	+	(a) No individual, organization, group, agency, or any
	2133	+	legal entity may accept any fee whatsoever for bringing any
	2134	+	petitioner together with the adoptee or the parents of the
	2135	+	adoptee.
	2136	+	(2) A violation of this section is a Class A
	2137	+	misdemeanor, except that a second or subsequent conviction is
	2138	+	a Class C felony.
	2139	+	(b)(1) The petitioner or petitioners may provide
	2140	+	payment for maternity-connected expenses, medical or hospital
	2141	+	expenses, and necessary living expenses of the mother
	2142	+	preceding and during pregnancy-related incapacity, provided
	2143	+	that the payment is not contingent upon the placement of the
	2144	+	minor child for adoption, consent to the adoption, or
	2145	+	cooperation in the completion of the adoption.
	2146	+	(2) Prior to any payment pursuant to this subsection,
	2147	+	the petitioner or petitioners must file with the court a full
	2148	+	accounting of all charges for expenses, fees, or services they
	2149	+	or individuals acting on their behalf will be paying relating
	2150	+	to the adoption. Payment may be made only with court approval
	2151	+	except that fees may be placed in an escrow account prior to
	2152	+	court approval. The court may not refuse to approve a fee for
	2153	+	documented services on the sole basis that a prospective
	2154	+	adoptee has not been placed. The court shall approve all
	2155	+	reasonable fees and expenses unless determined by the court to
	2156	+	be unreasonable based upon specific written findings of fact.
2161	2157		1037
2162	2158		1038
2163	2159		1039
2164	2160		1040
2165	2161		1041
2166	2162		1042
2167	2163		1043
2168	2164		1044
2169	2165		1045
2170	2166		1046
2171	2167		1047
2172	2168		1048
2173	2169		1049
2174	2170		1050
2175	2171		1051
2176	2172		1052
2177	2173		1053
2178	2174		1054
2179	2175		1055
2180	2176		1056
2181	2177		1057
2182	2178		1058
2183	2179		1059
2184	2180		1060
2185	2181		1061
2186	2182		1062
2187	2183		1063
2188		-	1064 HB101 ~~EnrolledHB101 Enrolled~~
	2184	+	1064 HB101 INTRODUCEDHB101 INTRODUCED
2189	2185		Page 39
2190		-	~~appropriate juvenile court pursuant to Section 26-10E-3 for~~
2191		-	~~the limited purpose of considering termination of parental~~
2192		-	~~rights or it shall enter~~ a ~~final judgment denying~~ the
2193		-	adoption. ~~Otherwise, the court shall enter a final judgment~~
2194		-	~~denying~~ the ~~contest~~ and~~, subject to any post judgment motions~~
2195		-	~~and appellate proceedings,~~ the ~~probate court shall proceed as~~
2196		-	~~provided in Section 26-10E-24.~~ The entry of a final judgment
2197		-	~~denying a contest terminates the status~~ of ~~the contestant as a~~
2198		-	~~party to~~ the ~~adoption proceedings and terminates the~~
2199		-	~~contestant's right to notice~~ of ~~further~~ adoption ~~proceedings.~~
2200		-	~~(e) At the contested-case hearing~~, the ~~court shall~~
2201		-	~~consider any motion~~ of ~~the petitioner or petitioners to obtain~~
2202		-	~~reimbursement for all reasonable medical and living expenses~~
2203		-	~~incidental to the care and well-being of the adoptee for the~~
2204		-	~~time~~ the ~~adoptee resided with the petitioner~~ or ~~petitioners.~~
2205		-	If the adoption ~~is denied~~, ~~the probate court,~~ ~~unless just~~
2206		-	~~cause is shown otherwise by~~ the ~~contestant,~~ shall ~~order such~~
2207		-	~~reimbursement.~~
2208		-	~~(f)(1)~~ Following ~~the entry of a final judgment denying~~
2209		-	~~an adoption contest,~~ the ~~court shall enter a temporary custody~~
2210		-	~~order determining each of~~ the ~~following:~~
2211		-	a. Whether it is ~~in the best interests of the minor~~
2212		-	~~child for the~~ petitioner ~~or petitioners~~ to ~~retain custody of~~
2213		-	~~the minor child or for~~ the ~~minor child to be returned to the~~
2214		-	~~person or agency with legal custody of the minor child prior~~
2215		-	to the ~~filing of the petition.~~
2216		-	b. ~~Whether a written report should be sent to the~~
2217		-	~~county Department of Human Resources pursuant to Chapter 14 of~~
	2186	+	(c) Unless otherwise provided in this chapter, the
	2187	+	petitioner or petitioners must also file a sworn statement
	2188	+	that is a full accounting of all disbursements paid in the
	2189	+	adoption.
	2190	+	(d) Under penalty of perjury, the adoptive parents and
	2191	+	the parent or parents surrendering the adoptee for adoption,
	2192	+	prior to the entry of the final judgment of adoption, shall
	2193	+	sign affidavits stating that no monies or other things of
	2194	+	value have been paid or received in exchange for the consent
	2195	+	or relinquishment of the minor for adoption. In addition to
	2196	+	any penalties for perjury, the payment or receipt of money in
	2197	+	violation of this section shall be punished as set forth in
	2198	+	Section 26-10E-33.
	2199	+	§26-10E-23
	2200	+	(a) Upon the filing of a pleading or a motion by a
	2201	+	party contesting the adoption, or upon transfer of a contested
	2202	+	case pursuant to Section 26-10E-3, the court shall forthwith
	2203	+	set the matter for a contested hearing to determine each of
	2204	+	the following:
	2205	+	(1) Whether the best interests of the adoptee will be
	2206	+	served by the adoption.
	2207	+	(2) Whether the adoptee is available for adoption by
	2208	+	each petitioner and whether each petitioner qualifies to adopt
	2209	+	an adoptee within the requirements of this chapter.
	2210	+	(3) Whether all necessary express consent, implied
	2211	+	consent, or relinquishment to the adoption have been given
	2212	+	and, if so, are valid.
	2213	+	(4) Whether an express consent or relinquishment has
2218	2214		1065
2219	2215		1066
2220	2216		1067
2221	2217		1068
2222	2218		1069
2223	2219		1070
2224	2220		1071
2225	2221		1072
2226	2222		1073
2227	2223		1074
2228	2224		1075
2229	2225		1076
2230	2226		1077
2231	2227		1078
2232	2228		1079
2233	2229		1080
2234	2230		1081
2235	2231		1082
2236	2232		1083
2237	2233		1084
2238	2234		1085
2239	2235		1086
2240	2236		1087
2241	2237		1088
2242	2238		1089
2243	2239		1090
2244	2240		1091
2245		-	1092 HB101 ~~EnrolledHB101 Enrolled~~
	2241	+	1092 HB101 INTRODUCEDHB101 INTRODUCED
2246	2242		Page 40
2247		-	~~Title 26 for a further determination concerning custody~~.
2248		-	(2) The ~~custody determination~~ shall ~~remain in effect~~
2249		-	~~only until another court of competent jurisdiction enters a~~
2250		-	~~custodial order regarding~~ the ~~minor child.~~
2251		-	~~(g) Upon denial of a contest,~~ the ~~court, unless just~~
2252		-	~~cause is shown otherwise by~~ the ~~contestant, shall issue an~~
2253		-	~~order for reimbursement to~~ the ~~petitioner or petitioners~~ of
2254		-	the ~~legal costs incurred by each petitioner incidental to the~~
2255		-	~~contest.~~
2256		-	~~§26-10E-24~~
2257		-	(a) ~~Once~~ the ~~petition for adoption and any necessary~~
2258		-	~~accompanying documentation has been filed~~, ~~the court shall set~~
2259		-	~~a dispositional hearing to take place as soon as practicable,~~
2260		-	~~but no later than 120 days after~~ the ~~filing. Upon good cause~~
2261		-	~~shown,~~ the court may ~~extend~~ the ~~time for the dispositional~~
2262		-	~~hearing.~~
2263		-	~~(b) At~~ the ~~dispositional hearing,~~ the ~~court shall~~
2264		-	~~approve~~ the ~~adoption if it finds, based on clear and~~
2265		-	~~convincing evidence, all of the following:~~
2266		-	(1) ~~The adoptee has been in~~ the ~~actual physical custody~~
2267		-	of the ~~petitioner or petitioners for a period of 60 days,~~
2268		-	~~unless for good cause shown, this requirement~~ is ~~waived~~ by the
2269		-	court.
2270		-	~~(2) All necessary consents,~~ ~~relinquishments,~~
2271		-	~~terminations, or waivers have been obtained and,~~ if
2272		-	~~appropriate, filed with~~ the ~~court.~~
2273		-	~~(3) All documentation required pursuant to Section~~
2274		-	~~26-10E-19 has been filed with~~ the ~~court~~, ~~unless excluded under~~
	2243	+	been or may be withdrawn.
	2244	+	(b) The court shall give at least 14 days of notice of
	2245	+	the contested hearing by United States mail to all parties who
	2246	+	have appeared before the court, unless notice has been waived
	2247	+	in writing. The party contesting the adoption and each
	2248	+	petitioner shall be present at the contested hearing. A
	2249	+	guardian ad litem shall appear and represent the interests of
	2250	+	the adoptee. Any contestant who is a mentally incapacitated
	2251	+	person or a minor shall also be represented by a guardian ad
	2252	+	litem in addition to any counsel retained by the contestant.
	2253	+	(c) The court may continue the hearing from time to
	2254	+	time to permit notice to all parties, or to permit further
	2255	+	discovery, observation, investigation, or consideration of any
	2256	+	fact or circumstance affecting the granting or denial of the
	2257	+	adoption petition. The court may order the investigator
	2258	+	appointed under Section 26-10E-19, or a court representative
	2259	+	to investigate allegations underlying the contest or the
	2260	+	whereabouts of any person entitled to notice of the
	2261	+	proceeding.
	2262	+	(d) After hearing evidence at a contested hearing, the
	2263	+	court shall decide the contest as soon as practicable. If it
	2264	+	is determined by the court that the adoption petition should
	2265	+	be denied, the court shall either transfer the case to the
	2266	+	appropriate juvenile court pursuant to Section 26-10E-3 for
	2267	+	the limited purpose of considering termination of parental
	2268	+	rights or it shall enter a final judgment denying the
	2269	+	adoption. Otherwise, the court shall enter a final judgment
	2270	+	denying the contest and, subject to any post judgment motions
2275	2271		1093
2276	2272		1094
2277	2273		1095
2278	2274		1096
2279	2275		1097
2280	2276		1098
2281	2277		1099
2282	2278		1100
2283	2279		1101
2284	2280		1102
2285	2281		1103
2286	2282		1104
2287	2283		1105
2288	2284		1106
2289	2285		1107
2290	2286		1108
2291	2287		1109
2292	2288		1110
2293	2289		1111
2294	2290		1112
2295	2291		1113
2296	2292		1114
2297	2293		1115
2298	2294		1116
2299	2295		1117
2300	2296		1118
2301	2297		1119
2302		-	1120 HB101 ~~EnrolledHB101 Enrolled~~
	2298	+	1120 HB101 INTRODUCEDHB101 INTRODUCED
2303	2299		Page 41
2304		-	~~Sections 26-10E-26~~ and ~~26-10E-27.~~
2305		-	~~(4) Service~~ of ~~the notice of pendency of the adoption~~
2306		-	~~proceeding has been made or dispensed with~~ as ~~to all persons~~
2307		-	~~entitled~~ to ~~receive notice under Section 26-10E-17.~~
2308		-	~~(5) All contests brought under Section 26-10E-23 have~~
2309		-	~~been resolved in favor of~~ the ~~petitioner or petitioners.~~
2310		-	~~(6) Each~~ petitioner ~~is a suitable adoptive parent and~~
2311		-	~~desires to establish a parent~~ and ~~child relationship between~~
2312		-	~~himself or herself~~ and the adoptee.
2313		-	~~(7) That the best interests of~~ the adoptee ~~are served~~
2314		-	by the adoption.
2315		-	~~(8) That each petitioner has been cleared through each~~
2316		-	~~of the following background checks:~~
2317		-	a. The ~~Adam Walsh Act,~~ ~~U.S. Public Law 109-248,~~
2318		-	~~including each of~~ the ~~following:~~
2319		-	~~1. State and federal criminal history.~~
2320		-	2. ~~Child abuse and neglect history.~~
2321		-	~~3. Sex Offender Registry history.~~
2322		-	b. Child ~~support payment history.~~
2323		-	~~(9) A sworn statement~~ of ~~full accounting of~~
2324		-	~~disbursements pursuant~~ to ~~Section 26-10E-23, if applicable,~~
2325		-	~~has been filed.~~
2326		-	~~(10) All other requirements~~ of ~~this~~ chapter ~~have been~~
2327		-	~~met~~.
2328		-	(c) The ~~court~~ shall ~~enter its finding~~ in ~~a written~~
2329		-	~~final judgment~~ of ~~adoption, which shall also include the new~~
2330		-	~~name of~~ the ~~adoptee after adoption and shall not include any~~
2331		-	~~other name by which~~ the ~~adoptee has been known or any names of~~
	2300	+	and appellate proceedings, the probate court shall proceed as
	2301	+	provided in Section 26-10E-24. The entry of a final judgment
	2302	+	denying a contest terminates the status of the contestant as a
	2303	+	party to the adoption proceedings and terminates the
	2304	+	contestant's right to notice of further adoption proceedings.
	2305	+	(e) At the contested-case hearing, the court shall
	2306	+	consider any motion of the petitioner or petitioners to obtain
	2307	+	reimbursement for all reasonable medical and living expenses
	2308	+	incidental to the care and well-being of the adoptee for the
	2309	+	time the adoptee resided with the petitioner or petitioners.
	2310	+	If the adoption is denied, the probate court, unless just
	2311	+	cause is shown otherwise by the contestant, shall order such
	2312	+	reimbursement.
	2313	+	(f)(1) Following the entry of a final judgment denying
	2314	+	an adoption contest, the court shall enter a temporary custody
	2315	+	order determining each of the following:
	2316	+	a. Whether it is in the best interests of the minor
	2317	+	child for the petitioner or petitioners to retain custody of
	2318	+	the minor child or for the minor child to be returned to the
	2319	+	person or agency with legal custody of the minor child prior
	2320	+	to the filing of the petition.
	2321	+	b. Whether a written report should be sent to the
	2322	+	county Department of Human Resources pursuant to Chapter 14 of
	2323	+	Title 26 for a further determination concerning custody.
	2324	+	(2) The custody determination shall remain in effect
	2325	+	only until another court of competent jurisdiction enters a
	2326	+	custodial order regarding the minor child.
	2327	+	(g) Upon denial of a contest, the court, unless just
2332	2328		1121
2333	2329		1122
2334	2330		1123
2335	2331		1124
2336	2332		1125
2337	2333		1126
2338	2334		1127
2339	2335		1128
2340	2336		1129
2341	2337		1130
2342	2338		1131
2343	2339		1132
2344	2340		1133
2345	2341		1134
2346	2342		1135
2347	2343		1136
2348	2344		1137
2349	2345		1138
2350	2346		1139
2351	2347		1140
2352	2348		1141
2353	2349		1142
2354	2350		1143
2355	2351		1144
2356	2352		1145
2357	2353		1146
2358	2354		1147
2359		-	1148 HB101 ~~EnrolledHB101 Enrolled~~
	2355	+	1148 HB101 INTRODUCEDHB101 INTRODUCED
2360	2356		Page 42
2361		-	~~the former parent.~~ The ~~final judgment of adoption~~ shall
2362		-	~~further~~ order ~~that, from~~ the ~~date~~ of ~~the entry of judgment,~~
2363		-	the ~~adoptee shall be the child of the~~ petitioner or
2364		-	~~petitioners, and that the adoptee shall be accorded the status~~
2365		-	~~set forth in Section~~ 26-10E-~~28.~~
2366		-	~~§26-10E-25~~
2367		-	~~(a)(1) For~~ the ~~purposes of this chapter, a "final~~
2368		-	~~judgment" is~~ a ~~judgment in which one of the following is true:~~
2369		-	a. The ~~court adjudicates whether an express consent or~~
2370		-	~~relinquishment has been withdrawn pursuant to Section~~
2371		-	~~26-10E-14~~.
2372		-	b. The court ~~adjudicates a contest to an adoption~~
2373		-	~~pursuant to Section 26-10E-3 or Section 26-10E-23.~~
2374		-	~~c. A juvenile court terminates~~ the ~~parental rights of a~~
2375		-	~~parent to~~ the adoptee ~~pursuant to Section 26-10E-3 and Section~~
2376		-	~~26-10E-23(d).~~
2377		-	d. The ~~court grants or denies the petition for~~
2378		-	~~adoption~~.
2379		-	(2) ~~A final judgment under this chapter shall be~~
2380		-	~~entered in accordance with Rule 58 of the Alabama Rules of~~
2381		-	~~Civil Procedure~~.
2382		-	(b) ~~A party may file a post judgment motion challenging~~
2383		-	~~any final judgment entered~~ under ~~this chapter. Any post~~
2384		-	~~judgment motion must be filed within 14 days of the entry of~~
2385		-	~~final judgment and no post judgment motion may remain pending~~
2386		-	~~for more than 14 days,~~ ~~at which time it shall be deemed denied~~
2387		-	~~by operation of law~~.
2388		-	(c) ~~A party may appeal any final judgment entered by a~~
	2357	+	cause is shown otherwise by the contestant, shall issue an
	2358	+	order for reimbursement to the petitioner or petitioners of
	2359	+	the legal costs incurred by each petitioner incidental to the
	2360	+	contest.
	2361	+	§26-10E-24
	2362	+	(a) Once the petition for adoption and any necessary
	2363	+	accompanying documentation has been filed, the court shall set
	2364	+	a dispositional hearing to take place as soon as practicable,
	2365	+	but no later than 120 days after the filing. Upon good cause
	2366	+	shown, the court may extend the time for the dispositional
	2367	+	hearing.
	2368	+	(b) At the dispositional hearing, the court shall
	2369	+	approve the adoption if it finds, based on clear and
	2370	+	convincing evidence, all of the following:
	2371	+	(1) The adoptee has been in the actual physical custody
	2372	+	of the petitioner or petitioners for a period of 60 days,
	2373	+	unless for good cause shown, this requirement is waived by the
	2374	+	court.
	2375	+	(2) All necessary consents, relinquishments,
	2376	+	terminations, or waivers have been obtained and, if
	2377	+	appropriate, filed with the court.
	2378	+	(3) All documentation required pursuant to Section
	2379	+	26-10E-19 has been filed with the court, unless excluded under
	2380	+	Sections 26-10E-26 and 26-10E-27.
	2381	+	(4) Service of the notice of pendency of the adoption
	2382	+	proceeding has been made or dispensed with as to all persons
	2383	+	entitled to receive notice under Section 26-10E-17.
	2384	+	(5) All contests brought under Section 26-10E-23 have
2389	2385		1149
2390	2386		1150
2391	2387		1151
2392	2388		1152
2393	2389		1153
2394	2390		1154
2395	2391		1155
2396	2392		1156
2397	2393		1157
2398	2394		1158
2399	2395		1159
2400	2396		1160
2401	2397		1161
2402	2398		1162
2403	2399		1163
2404	2400		1164
2405	2401		1165
2406	2402		1166
2407	2403		1167
2408	2404		1168
2409	2405		1169
2410	2406		1170
2411	2407		1171
2412	2408		1172
2413	2409		1173
2414	2410		1174
2415	2411		1175
2416		-	1176 HB101 ~~EnrolledHB101 Enrolled~~
	2412	+	1176 HB101 INTRODUCEDHB101 INTRODUCED
2417	2413		Page 43
2418		-	~~court under this chapter.~~ ~~An appeal may be made to~~ the ~~Alabama~~
2419		-	~~Court of Civil Appeals by the proper filing of~~ a ~~notice of~~
2420		-	~~appeal with the clerk of the court entering the final judgment~~
2421		-	~~within 14 days of~~ the ~~entry of the final judgment, subject to~~
2422		-	~~Rule 4(a)(3)~~ of the ~~Alabama Rules of Appellate Procedure and~~
2423		-	~~Rule 77(d) of~~ the ~~Alabama Rules of Civil Procedure~~.
2424		-	(d) ~~An appeal from any judgment of adoption entered~~
2425		-	~~under this chapter shall have priority in all courts and shall~~
2426		-	~~have precedence over all other matters~~, ~~except for other~~
2427		-	~~matters that have been given priority by specific statutory~~
2428		-	~~provision or rule of court~~. ~~All appeals shall comply with the~~
2429		-	~~Alabama Rules of Appellate Procedure~~.
2430		-	~~(e) The court from which the appeal is taken shall~~
2431		-	~~enter an order concerning the custody of the adoptee pending~~
2432		-	~~appeal. Once the certificate~~ of ~~judgment has been issued by~~
2433		-	~~the appellate court~~, ~~the custody of the adoptee shall remain~~
2434		-	~~subject to the custody determination made by the court unless~~
2435		-	~~vacated or modified by the appellate court on appeal or unless~~
2436		-	~~vacated or modified by the court that made the determination~~
2437		-	or the court ~~that assumed jurisdiction over the custody of the~~
2438		-	~~adoptee pursuant to Section 26-10E-24.~~
2439		-	~~(f) A final judgment~~ of adoption ~~may~~ not be
2440		-	~~collaterally attacked more than one year after~~ the ~~entry~~ of
2441		-	final judgment of adoption~~, except for in the following~~
2442		-	~~situations:~~
2443		-	~~(1) Fraud relating to~~ the ~~adoption proceedings.~~
2444		-	~~(2)~~ The adoptee ~~has been kidnapped.~~
2445		-	~~(3) An adoptive parent subsequent to the final judgment~~
	2414	+	been resolved in favor of the petitioner or petitioners.
	2415	+	(6) Each petitioner is a suitable adoptive parent and
	2416	+	desires to establish a parent and child relationship between
	2417	+	himself or herself and the adoptee.
	2418	+	(7) That the best interests of the adoptee are served
	2419	+	by the adoption.
	2420	+	(8) That each petitioner has been cleared through each
	2421	+	of the following background checks:
	2422	+	a. The Adam Walsh Act, U.S. Public Law 109-248,
	2423	+	including each of the following:
	2424	+	1. State and federal criminal history.
	2425	+	2. Child abuse and neglect history.
	2426	+	3. Sex Offender Registry history.
	2427	+	b. Child support payment history.
	2428	+	(9) A sworn statement of full accounting of
	2429	+	disbursements pursuant to Section 26-10E-23, if applicable,
	2430	+	has been filed.
	2431	+	(10) All other requirements of this chapter have been
	2432	+	met.
	2433	+	(c) The court shall enter its finding in a written
	2434	+	final judgment of adoption, which shall also include the new
	2435	+	name of the adoptee after adoption and shall not include any
	2436	+	other name by which the adoptee has been known or any names of
	2437	+	the former parent. The final judgment of adoption shall
	2438	+	further order that, from the date of the entry of judgment,
	2439	+	the adoptee shall be the child of the petitioner or
	2440	+	petitioners, and that the adoptee shall be accorded the status
	2441	+	set forth in Section 26-10E-28.
2446	2442		1177
2447	2443		1178
2448	2444		1179
2449	2445		1180
2450	2446		1181
2451	2447		1182
2452	2448		1183
2453	2449		1184
2454	2450		1185
2455	2451		1186
2456	2452		1187
2457	2453		1188
2458	2454		1189
2459	2455		1190
2460	2456		1191
2461	2457		1192
2462	2458		1193
2463	2459		1194
2464	2460		1195
2465	2461		1196
2466	2462		1197
2467	2463		1198
2468	2464		1199
2469	2465		1200
2470	2466		1201
2471	2467		1202
2472	2468		1203
2473		-	1204 HB101 ~~EnrolledHB101 Enrolled~~
	2469	+	1204 HB101 INTRODUCEDHB101 INTRODUCED
2474	2470		Page 44
2475		-	~~of adoption has been convicted of a sexual offense, as~~
2476		-	~~provided in Section 15-20A-5, involving~~ the ~~adoptee.~~
2477		-	~~§26-10E-26~~
2478		-	A ~~stepparent of~~ the ~~adoptee may petition for adoption~~
2479		-	~~of an adoptee under this chapter,~~ ~~except that:~~
2480		-	~~(1) Before the entry of the final judgment, the adoptee~~
2481		-	~~must have resided for~~ a ~~period of one year with the stepparent~~
2482		-	~~petitioner~~.
2483		-	~~(2) An investigation shall be conducted to determine~~
2484		-	~~the suitability of~~ the ~~stepparent petitioner~~ and ~~the home in~~
2485		-	~~which the adoptee will reside, and the report of the~~
2486		-	~~investigation, which shall include~~ the ~~information required by~~
2487		-	~~subdivisions 26-10E-19(a)(1), (a)(2), and (a)(14), and which~~
2488		-	~~may include other information required by Section 26-10E-19(a)~~
2489		-	~~as directed by~~ the ~~court, shall be filed with the court no~~
2490		-	~~later than within 30 days of the date of the filing of the~~
2491		-	~~petition.~~
2492		-	~~(3) No report of fees and charges~~ under ~~Section~~
2493		-	~~26-10E-22 shall~~ be ~~made unless ordered by~~ the ~~court.~~
2494		-	~~§26-10E-27~~
2495		-	~~Subject to Section 26-10E-5~~, ~~a grandfather,~~ a
2496		-	~~grandmother, a great-grandfather, a great-grandmother, a~~
2497		-	~~great-uncle,~~ a ~~great-aunt,~~ a ~~brother, a half-brother, a~~
2498		-	~~sister, a half-sister,~~ an ~~aunt, or an uncle of~~ the ~~first~~
2499		-	~~degree and their respective spouses,~~ ~~if any,~~ ~~may adopt~~ a ~~minor~~
2500		-	~~grandchild, a minor great-grandchild, a minor great-niece, a~~
2501		-	~~minor great-nephew~~, ~~a minor brother, a minor half-brother, a~~
2502		-	~~minor sister,~~ ~~a minor half-sister, a minor nephew,~~ ~~a minor~~
	2471	+	§26-10E-25
	2472	+	(a)(1) For the purposes of this chapter, a "final
	2473	+	judgment" is a judgment in which one of the following is true:
	2474	+	a. The court adjudicates whether an express consent or
	2475	+	relinquishment has been withdrawn pursuant to Section
	2476	+	26-10E-14.
	2477	+	b. The court adjudicates a contest to an adoption
	2478	+	pursuant to Section 26-10E-3 or Section 26-10E-23.
	2479	+	c. A juvenile court terminates the parental rights of a
	2480	+	parent to the adoptee pursuant to Section 26-10E-3 and Section
	2481	+	26-10E-23(d).
	2482	+	d. The court grants or denies the petition for
	2483	+	adoption.
	2484	+	(2) A final judgment under this chapter shall be
	2485	+	entered in accordance with Rule 58 of the Alabama Rules of
	2486	+	Civil Procedure.
	2487	+	(b) A party may file a post judgment motion challenging
	2488	+	any final judgment entered under this chapter. Any post
	2489	+	judgment motion must be filed within 14 days of the entry of
	2490	+	final judgment and no post judgment motion may remain pending
	2491	+	for more than 14 days, at which time it shall be deemed denied
	2492	+	by operation of law.
	2493	+	(c) A party may appeal any final judgment entered by a
	2494	+	court under this chapter. An appeal may be made to the Alabama
	2495	+	Court of Civil Appeals by the proper filing of a notice of
	2496	+	appeal with the clerk of the court entering the final judgment
	2497	+	within 14 days of the entry of the final judgment, subject to
	2498	+	Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and
2503	2499		1205
2504	2500		1206
2505	2501		1207
2506	2502		1208
2507	2503		1209
2508	2504		1210
2509	2505		1211
2510	2506		1212
2511	2507		1213
2512	2508		1214
2513	2509		1215
2514	2510		1216
2515	2511		1217
2516	2512		1218
2517	2513		1219
2518	2514		1220
2519	2515		1221
2520	2516		1222
2521	2517		1223
2522	2518		1224
2523	2519		1225
2524	2520		1226
2525	2521		1227
2526	2522		1228
2527	2523		1229
2528	2524		1230
2529	2525		1231
2530		-	1232 HB101 ~~EnrolledHB101 Enrolled~~
	2526	+	1232 HB101 INTRODUCEDHB101 INTRODUCED
2531	2527		Page 45
2532		-	~~niece, according to~~ the ~~provisions~~ of ~~this chapter, except~~
2533		-	~~that:~~
2534		-	~~(1) Before the final judgment of adoption is entered,~~
2535		-	~~the adoptee must~~ have ~~resided~~ for ~~a period of one year with~~
2536		-	~~the petitioner or petitioners.~~
2537		-	~~(2) An investigation~~ shall ~~be conducted to determine~~
2538		-	~~the suitability~~ of ~~each petitioner and the home in which the~~
2539		-	~~adoptee will reside, and~~ the ~~report of~~ the ~~investigation,~~
2540		-	~~which shall include~~ the ~~information required by subdivisions~~
2541		-	~~26-10E-19(a)(1), (a)(2), and (a)(14), and which may include~~
2542		-	~~other information required by Section 26-10E-19(a) as directed~~
2543		-	by the court~~, shall be filed with the court no later than 30~~
2544		-	~~days of~~ the ~~date of the filing of the petition.~~
2545		-	~~(3) No report of fees and charges under Section~~
2546		-	~~26-10E-22 shall be made unless ordered by~~ the court.
2547		-	§26-10E-28
2548		-	(a) ~~The adoptee shall take the name designated by the~~
2549		-	~~petitioner or petitioners;~~ ~~provided, however,~~ ~~that if~~ the
2550		-	~~adoptee is 14 years~~ of ~~age or older,~~ the ~~adoptee may elect to~~
2551		-	~~retain his or her current legal name, unless the court~~
2552		-	~~determines that~~ the ~~adoptee lacks the mental capacity to~~
2553		-	~~consent. After entry of~~ the ~~final judgment of adoption, the~~
2554		-	~~adoptee shall be treated as~~ the ~~legal child of the adoptive~~
2555		-	~~parent or parents and shall have all rights and be subject to~~
2556		-	~~all~~ the ~~duties arising from that relation, including the~~
2557		-	~~rights of inheritance through the intestacy laws of the state~~
2558		-	~~pursuant to Section 43-8-48.~~
2559		-	~~(b) Upon the entry~~ of ~~the final judgment of adoption~~,
	2528	+	Rule 77(d) of the Alabama Rules of Civil Procedure.
	2529	+	(d) An appeal from any judgment of adoption entered
	2530	+	under this chapter shall have priority in all courts and shall
	2531	+	have precedence over all other matters, except for other
	2532	+	matters that have been given priority by specific statutory
	2533	+	provision or rule of court. All appeals shall comply with the
	2534	+	Alabama Rules of Appellate Procedure.
	2535	+	(e) The court from which the appeal is taken shall
	2536	+	enter an order concerning the custody of the adoptee pending
	2537	+	appeal. Once the certificate of judgment has been issued by
	2538	+	the appellate court, the custody of the adoptee shall remain
	2539	+	subject to the custody determination made by the court unless
	2540	+	vacated or modified by the appellate court on appeal or unless
	2541	+	vacated or modified by the court that made the determination
	2542	+	or the court that assumed jurisdiction over the custody of the
	2543	+	adoptee pursuant to Section 26-10E-24.
	2544	+	(f) A final judgment of adoption may not be
	2545	+	collaterally attacked more than one year after the entry of
	2546	+	final judgment of adoption, except for in the following
	2547	+	situations:
	2548	+	(1) Fraud relating to the adoption proceedings.
	2549	+	(2) The adoptee has been kidnapped.
	2550	+	(3) An adoptive parent subsequent to the final judgment
	2551	+	of adoption has been convicted of a sexual offense, as
	2552	+	provided in Section 15-20A-5, involving the adoptee.
	2553	+	§26-10E-26
	2554	+	A stepparent of the adoptee may petition for adoption
	2555	+	of an adoptee under this chapter, except that:
2560	2556		1233
2561	2557		1234
2562	2558		1235
2563	2559		1236
2564	2560		1237
2565	2561		1238
2566	2562		1239
2567	2563		1240
2568	2564		1241
2569	2565		1242
2570	2566		1243
2571	2567		1244
2572	2568		1245
2573	2569		1246
2574	2570		1247
2575	2571		1248
2576	2572		1249
2577	2573		1250
2578	2574		1251
2579	2575		1252
2580	2576		1253
2581	2577		1254
2582	2578		1255
2583	2579		1256
2584	2580		1257
2585	2581		1258
2586	2582		1259
2587		-	1260 HB101 ~~EnrolledHB101 Enrolled~~
	2583	+	1260 HB101 INTRODUCEDHB101 INTRODUCED
2588	2584		Page 46
2589		-	the ~~biological or legal parents~~ of the ~~adoptee~~, ~~except for the~~
2590		-	~~spouse~~ of ~~an adoptive~~ stepparent~~, are relieved of all parental~~
2591		-	~~rights and responsibility for the adoptee and will have no~~
2592		-	~~parental rights over the adoptee.~~ ~~Upon the final judgment of~~
2593		-	~~adoption,~~ the ~~adoptee loses all rights of inheritance under~~
2594		-	the ~~laws~~ of ~~intestacy pursuant to Section 43-8-48, from or~~
2595		-	~~through~~ the ~~biological or legal parents of the adoptee, except~~
2596		-	~~for~~ a ~~biological or legal parent who is the spouse of the~~
2597		-	~~adopting parent.~~
2598		-	~~§26-10E-29~~
2599		-	~~(a) A final judgment~~ of ~~adoption automatically vacates~~
2600		-	~~any judgment or order providing a grandparent visitation with~~
2601		-	~~an adoptee,~~ ~~unless the adoptee has been adopted pursuant to~~
2602		-	~~Section~~ 26-10E-~~26 or Section 26-10E-27~~.
2603		-	~~(b) In an adoption case proceeding under Section~~
2604		-	~~26-10E-26 or~~ Section 26-10E-27, ~~pre-adoption or post-adoption~~
2605		-	~~grandparent visitation rights may be granted~~, ~~maintained~~, or
2606		-	~~modified by the court at any time before or after the final~~
2607		-	~~judgment~~ of ~~adoption is entered if it is in~~ the ~~best interests~~
2608		-	~~of the adoptee.~~
2609		-	~~(c) In the case of~~ a ~~stepparent adoption under Section~~
2610		-	~~26-10E-26~~, ~~no grandparent visitation rights may be granted,~~
2611		-	~~maintained~~, ~~or modified over the objection of the spouse of~~
2612		-	the ~~adoptive stepparent absent compliance with Section~~
2613		-	~~30-3-4.2. Otherwise, Section 30-3-4.2 shall not apply in a~~
2614		-	~~case involving an adoptee but grandparent visitation rights~~
2615		-	~~shall be determined based upon~~ the ~~best interests~~ of ~~the~~
2616		-	~~adoptee~~.
	2585	+	(1) Before the entry of the final judgment, the adoptee
	2586	+	must have resided for a period of one year with the stepparent
	2587	+	petitioner.
	2588	+	(2) An investigation shall be conducted to determine
	2589	+	the suitability of the stepparent petitioner and the home in
	2590	+	which the adoptee will reside, and the report of the
	2591	+	investigation, which shall include the information required by
	2592	+	subdivisions 26-10E-19(a)(1), (a)(2), and (a)(14), and which
	2593	+	may include other information required by Section 26-10E-19(a)
	2594	+	as directed by the court, shall be filed with the court no
	2595	+	later than within 30 days of the date of the filing of the
	2596	+	petition.
	2597	+	(3) No report of fees and charges under Section
	2598	+	26-10E-22 shall be made unless ordered by the court.
	2599	+	§26-10E-27
	2600	+	Subject to Section 26-10E-5, a grandfather, a
	2601	+	grandmother, a great-grandfather, a great-grandmother, a
	2602	+	great-uncle, a great-aunt, a brother, a half-brother, a
	2603	+	sister, a half-sister, an aunt, or an uncle of the first
	2604	+	degree and their respective spouses, if any, may adopt a minor
	2605	+	grandchild, a minor great-grandchild, a minor great-niece, a
	2606	+	minor great-nephew, a minor brother, a minor half-brother, a
	2607	+	minor sister, a minor half-sister, a minor nephew, a minor
	2608	+	niece, according to the provisions of this chapter, except
	2609	+	that:
	2610	+	(1) Before the final judgment of adoption is entered,
	2611	+	the adoptee must have resided for a period of one year with
	2612	+	the petitioner or petitioners.
2617	2613		1261
2618	2614		1262
2619	2615		1263
2620	2616		1264
2621	2617		1265
2622	2618		1266
2623	2619		1267
2624	2620		1268
2625	2621		1269
2626	2622		1270
2627	2623		1271
2628	2624		1272
2629	2625		1273
2630	2626		1274
2631	2627		1275
2632	2628		1276
2633	2629		1277
2634	2630		1278
2635	2631		1279
2636	2632		1280
2637	2633		1281
2638	2634		1282
2639	2635		1283
2640	2636		1284
2641	2637		1285
2642	2638		1286
2643	2639		1287
2644		-	1288 HB101 ~~EnrolledHB101 Enrolled~~
	2640	+	1288 HB101 INTRODUCEDHB101 INTRODUCED
2645	2641		Page 47
2646		-	(d) An ~~order or judgment regarding grandparent~~
2647		-	~~visitation made~~ in ~~a case under this section may only be~~
2648		-	~~vacated or modified by~~ the ~~court that entered~~ the ~~order or~~
2649		-	~~judgment.~~
2650		-	§26-10E-30
2651		-	(a) ~~The records in adoption proceedings shall be open~~
2652		-	~~to inspection only to each petitioner or his or her attorney,~~
2653		-	the ~~investigator appointed under Section 26-10E-19, any~~
2654		-	~~guardian ad litem appointed for the adoptee~~ under Section
2655		-	26-10E-~~21, and any attorney retained~~ by ~~or appointed to~~
2656		-	~~represent the adoptee. These records shall be open to other~~
2657		-	~~persons only upon order of court for good cause shown.~~
2658		-	~~(b) All hearings in adoption proceedings shall be~~
2659		-	~~confidential and shall be held in closed court without~~
2660		-	~~admittance of any individual other than~~ the ~~parties and their~~
2661		-	~~counsel, except with leave of court.~~
2662		-	~~(c) Upon~~ entry of the final judgment of adoption, ~~all~~
2663		-	~~papers, pleadings,~~ ~~and other documents pertaining to~~ the
2664		-	~~adoption~~ shall be ~~sealed, kept as a permanent record of the~~
2665		-	~~court, and withheld~~ from ~~inspection~~, ~~except as otherwise~~
2666		-	~~provided in this section and in Section 22-9A-12(c). No~~
2667		-	~~individual shall have access~~ to ~~such records except upon order~~
2668		-	of the ~~court in which~~ the final judgment of adoption ~~was~~
2669		-	~~entered for good cause shown~~, except ~~as provided in Section~~
2670		-	~~22-9A-12(c).~~
2671		-	~~(d) When~~ the ~~court enters a final judgment of adoption,~~
2672		-	~~all licensed agencies or individuals shall send a sealed~~
2673		-	~~information summary sheet and~~ the ~~non-identifying information~~
	2642	+	(2) An investigation shall be conducted to determine
	2643	+	the suitability of each petitioner and the home in which the
	2644	+	adoptee will reside, and the report of the investigation,
	2645	+	which shall include the information required by subdivisions
	2646	+	26-10E-19(a)(1), (a)(2), and (a)(14), and which may include
	2647	+	other information required by Section 26-10E-19(a) as directed
	2648	+	by the court, shall be filed with the court no later than 30
	2649	+	days of the date of the filing of the petition.
	2650	+	(3) No report of fees and charges under Section
	2651	+	26-10E-22 shall be made unless ordered by the court.
	2652	+	§26-10E-28
	2653	+	(a) The adoptee shall take the name designated by the
	2654	+	petitioner or petitioners; provided, however, that if the
	2655	+	adoptee is 14 years of age or older, the adoptee may elect to
	2656	+	retain his or her current legal name, unless the court
	2657	+	determines that the adoptee lacks the mental capacity to
	2658	+	consent. After entry of the final judgment of adoption, the
	2659	+	adoptee shall be treated as the legal child of the adoptive
	2660	+	parent or parents and shall have all rights and be subject to
	2661	+	all the duties arising from that relation, including the
	2662	+	rights of inheritance through the intestacy laws of the state
	2663	+	pursuant to Section 43-8-48.
	2664	+	(b) Upon the entry of the final judgment of adoption,
	2665	+	the biological or legal parents of the adoptee, except for the
	2666	+	spouse of an adoptive stepparent, are relieved of all parental
	2667	+	rights and responsibility for the adoptee and will have no
	2668	+	parental rights over the adoptee. Upon the final judgment of
	2669	+	adoption, the adoptee loses all rights of inheritance under
2674	2670		1289
2675	2671		1290
2676	2672		1291
2677	2673		1292
2678	2674		1293
2679	2675		1294
2680	2676		1295
2681	2677		1296
2682	2678		1297
2683	2679		1298
2684	2680		1299
2685	2681		1300
2686	2682		1301
2687	2683		1302
2688	2684		1303
2689	2685		1304
2690	2686		1305
2691	2687		1306
2692	2688		1307
2693	2689		1308
2694	2690		1309
2695	2691		1310
2696	2692		1311
2697	2693		1312
2698	2694		1313
2699	2695		1314
2700	2696		1315
2701		-	1316 HB101 ~~EnrolledHB101 Enrolled~~
	2697	+	1316 HB101 INTRODUCEDHB101 INTRODUCED
2702	2698		Page 48
2703		-	~~referred~~ to ~~in subsection (g) in a separate summary sheet to~~
2704		-	the ~~Department of Human Resources. All~~ of the ~~following~~
2705		-	~~information shall be included:~~
2706		-	~~(1) The birth name and adoptive name of the adoptee~~.
2707		-	~~(2) The date and place of birth of the adoptee, except~~
2708		-	~~in the case~~ of ~~abandonment.~~
2709		-	~~(3) The circumstances under which the adoptee came to~~
2710		-	~~be placed for adoption.~~
2711		-	~~(4) The physical and mental condition of the adoptee,~~
2712		-	~~insofar as this can be determined by the aid of competent~~
2713		-	~~medical authority.~~
2714		-	~~(5) The name and last known address~~, ~~dates of birth,~~
2715		-	~~and Social Security numbers,~~ ~~if known,~~ of the ~~biological~~
2716		-	~~parents~~ of the ~~adoptee.~~
2717		-	~~(6) The age of the biological parents at the~~ adoptee's
2718		-	~~birth.~~
2719		-	~~(7) The nationality~~, ~~ethnic background~~, ~~race~~, ~~and~~
2720		-	~~religious preference~~ of the ~~biological parents~~ of the ~~adoptee.~~
2721		-	~~(8) The educational level of the biological parents of~~
2722		-	~~the adoptee~~.
2723		-	~~(9) Any pre-adoptive~~ ~~brother or sister relationships of~~
2724		-	the adoptee.
2725		-	(10) ~~Whether the identity and location of the~~
2726		-	~~biological father of the adoptee is known or ascertainable.~~
2727		-	~~(e)~~ The ~~Department of Human Resources and~~ the
2728		-	~~investigating agency's adoption records must be kept for a~~
2729		-	~~minimum term of 75 years. If a licensed child placing agency~~
2730		-	~~ceases to operate~~ in ~~Alabama, all~~ adoption ~~records of the~~
	2699	+	the laws of intestacy pursuant to Section 43-8-48, from or
	2700	+	through the biological or legal parents of the adoptee, except
	2701	+	for a biological or legal parent who is the spouse of the
	2702	+	adopting parent.
	2703	+	§26-10E-29
	2704	+	(a) A final judgment of adoption automatically vacates
	2705	+	any judgment or order providing a grandparent visitation with
	2706	+	an adoptee, unless the adoptee has been adopted pursuant to
	2707	+	Section 26-10E-26 or Section 26-10E-27.
	2708	+	(b) In an adoption case proceeding under Section
	2709	+	26-10E-26 or Section 26-10E-27, pre-adoption or post-adoption
	2710	+	visitation rights may be granted, maintained, or modified by
	2711	+	the court at any time before or after the final judgment of
	2712	+	adoption is entered if it is in the best interests of the
	2713	+	adoptee.
	2714	+	(c) In the case of a stepparent adoption under Section
	2715	+	26-10E-26, no visitation rights may be granted, maintained, or
	2716	+	modified over the objection of the spouse of the adoptive
	2717	+	stepparent absent compliance with Section 30-3-4.2. Otherwise,
	2718	+	Section 30-3-4.2 shall not apply in a case involving an
	2719	+	adoptee but shall be determined based upon the best interests
	2720	+	of the adoptee.
	2721	+	(d) An order or judgment regarding grandparent
	2722	+	visitation made in a case under this section may only be
	2723	+	vacated or modified by the court that entered the order or
	2724	+	judgment.
	2725	+	§26-10E-30
	2726	+	(a) The records in adoption proceedings shall be open
2731	2727		1317
2732	2728		1318
2733	2729		1319
2734	2730		1320
2735	2731		1321
2736	2732		1322
2737	2733		1323
2738	2734		1324
2739	2735		1325
2740	2736		1326
2741	2737		1327
2742	2738		1328
2743	2739		1329
2744	2740		1330
2745	2741		1331
2746	2742		1332
2747	2743		1333
2748	2744		1334
2749	2745		1335
2750	2746		1336
2751	2747		1337
2752	2748		1338
2753	2749		1339
2754	2750		1340
2755	2751		1341
2756	2752		1342
2757	2753		1343
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	2754	+	1344 HB101 INTRODUCEDHB101 INTRODUCED
2759	2755		Page 49
2760		-	~~agency~~, ~~including those of the adoptee, the biological family,~~
2761		-	~~and~~ the ~~adoptive family~~, ~~shall be transferred to the~~
2762		-	~~department.~~
2763		-	~~(f) Except as otherwise provided in this section~~ and in
2764		-	~~Section 22-9A-12(c), all files of~~ the ~~investigating office or~~
2765		-	~~agency appointed by the~~ court ~~under Section 26-10E-19 shall be~~
2766		-	~~confidential and~~ shall be ~~withheld from inspection except upon~~
2767		-	~~order of the~~ court ~~for good cause shown.~~
2768		-	~~(g) Notwithstanding subsection (f),~~ the ~~Department of~~
2769		-	~~Human Resources or the licensed investigating agency appointed~~
2770		-	by the ~~court pursuant to Section 26-10E-19(b) and (c)~~, ~~shall~~
2771		-	~~furnish~~, ~~upon request,~~ to the ~~petitioner or petitioners, the~~
2772		-	~~biological parents~~, ~~or an adoptee 19 years~~ of ~~age or older,~~
2773		-	~~non-identifying information which shall be limited to the~~
2774		-	~~following:~~
2775		-	~~(1) The health and medical histories of the adoptee's~~
2776		-	~~biological parents.~~
2777		-	~~(2) The health and medical history of the adoptee.~~
2778		-	(3) ~~The adoptee's general family background, including~~
2779		-	~~ancestral information~~, ~~without name references or geographical~~
2780		-	~~designations.~~
2781		-	~~(4) Physical descriptions of~~ the ~~adoptee's biological~~
2782		-	~~parents.~~
2783		-	~~(5)~~ The ~~length of time the adoptee was in the care and~~
2784		-	~~custody of anyone other than the petitioner.~~
2785		-	(6) The ~~circumstances under which~~ the adoptee ~~came to~~
2786		-	~~be placed for adoption.~~
2787		-	~~(h) Notwithstanding any other provision herein, if~~
	2756	+	to inspection only to each petitioner or his or her attorney,
	2757	+	the investigator appointed under Section 26-10E-19, any
	2758	+	guardian ad litem appointed for the adoptee under Section
	2759	+	26-10E-21, and any attorney retained by or appointed to
	2760	+	represent the adoptee. These records shall be open to other
	2761	+	persons only upon order of court for good cause shown.
	2762	+	(b) All hearings in adoption proceedings shall be
	2763	+	confidential and shall be held in closed court without
	2764	+	admittance of any individual other than the parties and their
	2765	+	counsel, except with leave of court.
	2766	+	(c) Upon entry of the final judgment of adoption, all
	2767	+	papers, pleadings, and other documents pertaining to the
	2768	+	adoption shall be sealed, kept as a permanent record of the
	2769	+	court, and withheld from inspection, except as otherwise
	2770	+	provided in this section and in Section 22-9A-12(c). No
	2771	+	individual shall have access to such records except upon order
	2772	+	of the court in which the final judgment of adoption was
	2773	+	entered for good cause shown, except as provided in Section
	2774	+	22-9A-12(c).
	2775	+	(d) When the court enters a final judgment of adoption,
	2776	+	all licensed agencies or individuals shall send a sealed
	2777	+	information summary sheet and the non-identifying information
	2778	+	referred to in subsection (g) in a separate summary sheet to
	2779	+	the Department of Human Resources. All of the following
	2780	+	information shall be included:
	2781	+	(1) The birth name and adoptive name of the adoptee.
	2782	+	(2) The date and place of birth of the adoptee, except
	2783	+	in the case of abandonment.
2788	2784		1345
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2790	2786		1347
2791	2787		1348
2792	2788		1349
2793	2789		1350
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2795	2791		1352
2796	2792		1353
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2798	2794		1355
2799	2795		1356
2800	2796		1357
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2802	2798		1359
2803	2799		1360
2804	2800		1361
2805	2801		1362
2806	2802		1363
2807	2803		1364
2808	2804		1365
2809	2805		1366
2810	2806		1367
2811	2807		1368
2812	2808		1369
2813	2809		1370
2814	2810		1371
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	2811	+	1372 HB101 INTRODUCEDHB101 INTRODUCED
2816	2812		Page 50
2817		-	~~either~~ the ~~legal mother or~~ the ~~putative or legal father before~~
2818		-	~~the~~ adoption ~~has given written consent under oath to~~
2819		-	~~disclosure~~ of ~~identifying information that is not otherwise~~
2820		-	~~provided in~~ this ~~section and in Section 22-9A-12(c),~~ the
2821		-	~~Department of Human Resources or a licensed child placing~~
2822		-	~~agency shall release~~ the ~~identifying information.~~
2823		-	~~(i)~~ If the ~~court finds that any person has a compelling~~
2824		-	~~need for non-identifying~~ ~~information not otherwise available~~
2825		-	~~under subsection~~ (e) ~~which can only be obtained through~~
2826		-	~~contact with the adoptee, the adoptee's parents, the putative~~
2827		-	~~father or~~ the ~~legal father of the adoptee before the adoption,~~
2828		-	or the adoptee~~'s adoptive parents, the court shall direct the~~
2829		-	~~agency or a mutually agreed upon intermediary, to furnish~~ the
2830		-	~~information or to establish contact with~~ the adoptee~~, the~~
2831		-	~~adoptee's biological parents,~~ ~~the putative~~ or ~~legal father~~ of
2832		-	the adoptee ~~before the adoption, or the adoptive parents of~~
2833		-	~~the adoptee in order to obtain~~ the ~~information needed without~~
2834		-	~~disclosure~~ of ~~identifying information to~~ or ~~about the~~
2835		-	~~applicant.~~ The ~~information then shall be filed with~~ the ~~court~~
2836		-	~~and released to the applicant within the discretion of the~~
2837		-	~~court. However, the identity and whereabouts~~ of ~~any~~
2838		-	~~individuals contacted shall remain confidential.~~
2839		-	~~(j) Notwithstanding any subsection~~ of ~~this section to~~
2840		-	the ~~contrary~~, ~~when an adoptee reaches 19 years of age, he or~~
2841		-	~~she may petition the court for the disclosure of identifying~~
2842		-	~~information which is not~~ otherwise provided ~~for~~ in this
2843		-	~~section or in~~ Section 22-9A-12(c) ~~if a former parent has not~~
2844		-	~~previously given consent under subsection (h).~~ The court shall
	2813	+	(3) The circumstances under which the adoptee came to
	2814	+	be placed for adoption.
	2815	+	(4) The physical and mental condition of the adoptee,
	2816	+	insofar as this can be determined by the aid of competent
	2817	+	medical authority.
	2818	+	(5) The name and last known address, dates of birth,
	2819	+	and Social Security numbers, if known, of the biological
	2820	+	parents of the adoptee.
	2821	+	(6) The age of the biological parents at the adoptee's
	2822	+	birth.
	2823	+	(7) The nationality, ethnic background, race, and
	2824	+	religious preference of the biological parents of the adoptee.
	2825	+	(8) The educational level of the biological parents of
	2826	+	the adoptee.
	2827	+	(9) Any pre-adoptive brother or sister relationships of
	2828	+	the adoptee.
	2829	+	(10) Whether the identity and location of the
	2830	+	biological father of the adoptee is known or ascertainable.
	2831	+	(e) The Department of Human Resources and the
	2832	+	investigating agency's adoption records must be kept for a
	2833	+	minimum term of 75 years. If a licensed child placing agency
	2834	+	ceases to operate in Alabama, all adoption records of the
	2835	+	agency, including those of the adoptee, the biological family,
	2836	+	and the adoptive family, shall be transferred to the
	2837	+	department.
	2838	+	(f) Except as otherwise provided in this section and in
	2839	+	Section 22-9A-12(c), all files of the investigating office or
	2840	+	agency appointed by the court under Section 26-10E-19 shall be
2845	2841		1373
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2848	2844		1376
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2852	2848		1380
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2856	2852		1384
2857	2853		1385
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2860	2856		1388
2861	2857		1389
2862	2858		1390
2863	2859		1391
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2865	2861		1393
2866	2862		1394
2867	2863		1395
2868	2864		1396
2869	2865		1397
2870	2866		1398
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2873	2869		Page 51
2874		-	~~direct an intermediary to contact the former parents to~~
2875		-	~~determine if they will consent to~~ the ~~release of identifying~~
2876		-	~~information. If~~ the ~~former parent or parents consent to the~~
2877		-	~~release of identifying information~~ the ~~court shall so direct.~~
2878		-	If the ~~former parent or parents are deceased~~, ~~cannot be found,~~
2879		-	~~or do not consent~~ to the ~~release of identifying information,~~
2880		-	~~the court shall weigh the interest and rights~~ of ~~all the~~
2881		-	~~parties and determine if the~~ identifying information ~~should~~ be
2882		-	~~released without the consent of the former parent.~~
2883		-	(k) The ~~court shall have~~ the ~~jurisdiction to issue any~~
2884		-	~~orders deemed necessary to protect the confidentiality of the~~
2885		-	~~adoption or adoption proceedings,~~ ~~including, but not limited~~
2886		-	to, ~~any protective order or injunction to prevent or limit the~~
2887		-	~~dissemination of any~~ information ~~contained in confidential~~ or
2888		-	~~sealed records or any other information identifying the~~
2889		-	~~adoptee,~~ the ~~parties, or the witnesses in an adoption~~
2890		-	~~proceeding~~.
2891		-	~~§26-10E-31~~
2892		-	~~(a) Within 10 days~~ of the ~~final judgment being entered,~~
2893		-	~~the judge or~~ the ~~clerk of~~ the ~~court shall send a copy of the~~
2894		-	~~certified final judgment of~~ adoption ~~to the Department of~~
2895		-	~~Human Resources electronically or by United States mail and~~
2896		-	~~shall send a copy of~~ the ~~certified final judgment of adoption~~
2897		-	to the ~~Office of Vital Statistics electronically or by United~~
2898		-	~~States mail with the report~~ of ~~adoption in the format~~
2899		-	~~developed by~~ the ~~Office of Vital Statistics.~~
2900		-	~~(b) Upon receipt~~ of ~~a copy of~~ a ~~certified final~~
2901		-	~~judgment of adoption from~~ the ~~judge or the clerk of the court~~
	2870	+	confidential and shall be withheld from inspection except upon
	2871	+	order of the court for good cause shown.
	2872	+	(g) Notwithstanding subsection (f), the Department of
	2873	+	Human Resources or the licensed investigating agency appointed
	2874	+	by the court pursuant to Section 26-10E-19(b) and (c), shall
	2875	+	furnish, upon request, to the petitioner or petitioners, the
	2876	+	biological parents, or an adoptee 19 years of age or older,
	2877	+	non-identifying information which shall be limited to the
	2878	+	following:
	2879	+	(1) The health and medical histories of the adoptee's
	2880	+	biological parents.
	2881	+	(2) The health and medical history of the adoptee.
	2882	+	(3) The adoptee's general family background, including
	2883	+	ancestral information, without name references or geographical
	2884	+	designations.
	2885	+	(4) Physical descriptions of the adoptee's biological
	2886	+	parents.
	2887	+	(5) The length of time the adoptee was in the care and
	2888	+	custody of anyone other than the petitioner.
	2889	+	(6) The circumstances under which the adoptee came to
	2890	+	be placed for adoption.
	2891	+	(h) Notwithstanding any other provision herein, if
	2892	+	either the legal mother or the putative or legal father before
	2893	+	the adoption has given written consent under oath to
	2894	+	disclosure of identifying information that is not otherwise
	2895	+	provided in this section and in Section 22-9A-12(c), the
	2896	+	Department of Human Resources or a licensed child placing
	2897	+	agency shall release the identifying information.
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2930	2926		Page 52
2931		-	~~for an individual born in this state,~~ the ~~Office of Vital~~
2932		-	~~Statistics shall prepare a new record of birth reflecting the~~
2933		-	~~registrant's new name and the name of each adoptive parent as~~
2934		-	~~contained in~~ the ~~final judgment and report of adoption.~~ The
2935		-	~~Office~~ of ~~Vital Statistics shall then place~~ the ~~evidence of~~
2936		-	~~adoption along with~~ the ~~original certificate of birth in a~~
2937		-	~~sealed file.~~ A ~~Certificate of Foreign Birth and sealed file~~
2938		-	~~shall~~, ~~upon request, be created for a foreign-born individual~~
2939		-	~~adopted in a court in this state as provided in Section~~
2940		-	~~22-9A-12(i).~~
2941		-	~~(c)~~ The ~~new certificate of birth will be prepared on~~
2942		-	~~the form~~ or in the ~~format prescribed by the Office of Vital~~
2943		-	~~Statistics following~~ the ~~requirements in Section 22-9A-12,~~
2944		-	~~Section 22-9A-19,~~ and ~~Title 420~~ of the ~~Alabama Administrative~~
2945		-	~~Code~~, ~~or any other rule adopted by~~ the ~~State Board~~ of ~~Health.~~
2946		-	~~(d) There~~ shall ~~be no more than two parents listed on a~~
2947		-	~~new or amended birth certificate.~~ ~~If two parents are~~
2948		-	~~designated in~~ the ~~final judgment~~ of ~~adoption~~, ~~those~~
2949		-	~~individuals are required to be married to each other at~~ the
2950		-	~~time the final judgment of adoption~~ is ~~entered.~~
2951		-	(e) A ~~new certificate of birth shall be prepared by the~~
2952		-	~~Office of Vital Statistics in accordance with~~ the ~~current laws~~
2953		-	~~and rules of this state following a final judgment of adoption~~
2954		-	~~being entered in another state,~~ the ~~District~~ of ~~Columbia, a~~
2955		-	~~territory of~~ the ~~United States,~~ or ~~a foreign country.~~
2956		-	~~(f) Except as otherwise provided by Section~~
2957		-	~~22-9A-12(c), after~~ the ~~new birth certificate has been filed~~,
2958		-	~~the original birth certificate and~~ the ~~evidence~~ of ~~adoption~~
	2927	+	(i) If the court finds that any person has a compelling
	2928	+	need for non-identifying information not otherwise available
	2929	+	under subsection (e) which can only be obtained through
	2930	+	contact with the adoptee, the adoptee's parents, the putative
	2931	+	father or the legal father of the adoptee before the adoption,
	2932	+	or the adoptee's adoptive parents, the court shall direct the
	2933	+	agency or a mutually agreed upon intermediary, to furnish the
	2934	+	information or to establish contact with the adoptee, the
	2935	+	adoptee's biological parents, the putative or legal father of
	2936	+	the adoptee before the adoption, or the adoptive parents of
	2937	+	the adoptee in order to obtain the information needed without
	2938	+	disclosure of identifying information to or about the
	2939	+	applicant. The information then shall be filed with the court
	2940	+	and released to the applicant within the discretion of the
	2941	+	court. However, the identity and whereabouts of any
	2942	+	individuals contacted shall remain confidential.
	2943	+	(j) Notwithstanding any subsection of this section to
	2944	+	the contrary, when an adoptee reaches 19 years of age, he or
	2945	+	she may petition the court for the disclosure of identifying
	2946	+	information which is not otherwise provided for in this
	2947	+	section or in Section 22-9A-12(c) if a former parent has not
	2948	+	previously given consent under subsection (h). The court shall
	2949	+	direct an intermediary to contact the former parents to
	2950	+	determine if they will consent to the release of identifying
	2951	+	information. If the former parent or parents consent to the
	2952	+	release of identifying information the court shall so direct.
	2953	+	If the former parent or parents are deceased, cannot be found,
	2954	+	or do not consent to the release of identifying information,
2959	2955		1429
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2975	2971		1445
2976	2972		1446
2977	2973		1447
2978	2974		1448
2979	2975		1449
2980	2976		1450
2981	2977		1451
2982	2978		1452
2983	2979		1453
2984	2980		1454
2985	2981		1455
2986		-	1456 HB101 ~~EnrolledHB101 Enrolled~~
	2982	+	1456 HB101 INTRODUCEDHB101 INTRODUCED
2987	2983		Page 53
2988		-	~~are not subject to inspection except upon order~~ of ~~a court of~~
2989		-	~~competent jurisdiction for good cause shown.~~
2990		-	~~§26-10E-32~~
2991		-	~~Only a parent,~~ ~~a parent of a deceased parent,~~ ~~or a~~
2992		-	~~relative~~ of the ~~degree of relationship specified in Section~~
2993		-	~~26-10E-27~~, ~~the State Department of Human Resources~~, ~~a licensed~~
2994		-	~~child placing agency,~~ or ~~an agency approved by~~ the ~~department~~
2995		-	~~may place,~~ or ~~facilitate the placement of, a minor for~~
2996		-	~~adoption. No person~~ or ~~entity~~ other ~~than~~ the ~~department or a~~
2997		-	~~licensed child placing agency shall engage~~ in ~~the business of~~
2998		-	~~placing, or facilitating the placement of, minors for~~
2999		-	~~adoption. Any individual or entity making more than two~~
3000		-	~~separate and distinctive placements~~ of ~~minors who are~~
3001		-	~~unrelated to~~ the ~~petitioner or petitioners for adoption within~~
3002		-	~~the preceding 12-month~~ ~~period shall be deemed~~ to ~~be in the~~
3003		-	~~business of placing minors for adoption.~~ ~~Any other person who~~
3004		-	~~places, or facilitates~~ the ~~placement~~ of~~, a minor for~~ adoption
3005		-	~~is, upon~~ the ~~first conviction, guilty~~ of ~~a Class A misdemeanor~~
3006		-	~~and, upon subsequent convictions,~~ ~~is guilty~~ of ~~a Class C~~
3007		-	~~felony~~. ~~This section does not intend to make it unlawful for~~
3008		-	~~any person not engaged in the business~~ of ~~placing, or~~
3009		-	~~facilitating~~ the ~~placement~~ of~~, minors for adoption to give~~
3010		-	~~advice and assistance to a biological parent~~ in ~~an adoption.~~
3011		-	~~In making adoption arrangements,~~ ~~potential adopting parents~~
3012		-	and ~~biological parents are entitled to~~ the ~~advice and~~
3013		-	~~assistance~~ of ~~legal counsel~~. ~~Surrogate motherhood is not~~
3014		-	~~intended to be covered by this section.~~
3015		-	~~§26-10E-33~~
	2984	+	the court shall weigh the interest and rights of all the
	2985	+	parties and determine if the identifying information should be
	2986	+	released without the consent of the former parent.
	2987	+	(k) The court shall have the jurisdiction to issue any
	2988	+	orders deemed necessary to protect the confidentiality of the
	2989	+	adoption or adoption proceedings, including, but not limited
	2990	+	to, any protective order or injunction to prevent or limit the
	2991	+	dissemination of any information contained in confidential or
	2992	+	sealed records or any other information identifying the
	2993	+	adoptee, the parties, or the witnesses in an adoption
	2994	+	proceeding.
	2995	+	§26-10E-31
	2996	+	(a) Within 10 days of the final judgment being entered,
	2997	+	the judge or the clerk of the court shall send a copy of the
	2998	+	certified final judgment of adoption to the Department of
	2999	+	Human Resources electronically or by United States mail and
	3000	+	shall send a copy of the certified final judgment of adoption
	3001	+	to the Office of Vital Statistics electronically or by United
	3002	+	States mail with the report of adoption in the format
	3003	+	developed by the Office of Vital Statistics.
	3004	+	(b) Upon receipt of a copy of a certified final
	3005	+	judgment of adoption from the judge or the clerk of the court
	3006	+	for an individual born in this state, the Office of Vital
	3007	+	Statistics shall prepare a new record of birth reflecting the
	3008	+	registrant's new name and the name of each adoptive parent as
	3009	+	contained in the final judgment and report of adoption. The
	3010	+	Office of Vital Statistics shall then place the evidence of
	3011	+	adoption along with the original certificate of birth in a
3016	3012		1457
3017	3013		1458
3018	3014		1459
3019	3015		1460
3020	3016		1461
3021	3017		1462
3022	3018		1463
3023	3019		1464
3024	3020		1465
3025	3021		1466
3026	3022		1467
3027	3023		1468
3028	3024		1469
3029	3025		1470
3030	3026		1471
3031	3027		1472
3032	3028		1473
3033	3029		1474
3034	3030		1475
3035	3031		1476
3036	3032		1477
3037	3033		1478
3038	3034		1479
3039	3035		1480
3040	3036		1481
3041	3037		1482
3042	3038		1483
3043		-	1484 HB101 ~~EnrolledHB101 Enrolled~~
	3039	+	1484 HB101 INTRODUCEDHB101 INTRODUCED
3044	3040		Page 54
3045		-	~~(a) It shall be~~ a ~~Class A misdemeanor for any~~
3046		-	individual ~~or agency to offer to pay money or anything of~~
3047		-	~~value to~~ a ~~parent for the placement for adoption,~~ ~~for the~~
3048		-	~~consent to an adoption, or for cooperation in the completion~~
3049		-	~~of an adoption~~ of ~~his or her minor child. It shall~~ be ~~a Class~~
3050		-	~~C felony for any individual~~ or ~~agency to pay money or anything~~
3051		-	~~of value to a parent for~~ the ~~placement of a child for~~
3052		-	~~adoption~~, ~~for~~ the ~~consent to an adoption, or for cooperation~~
3053		-	in the ~~completion~~ of ~~an adoption of his or her minor child~~.
3054		-	~~This section does not make it unlawful,~~ ~~as provided in Section~~
3055		-	~~26-10E-22, to pay the maternity-connected expenses, medical~~ or
3056		-	~~hospital expenses,~~ ~~and necessary living expenses~~ of ~~the mother~~
3057		-	~~preceding and during pregnancy-related~~ ~~incapacity, as long as~~
3058		-	the ~~payment~~ is ~~not contingent upon placement of the minor~~
3059		-	~~child for adoption,~~ ~~consent to~~ the ~~adoption, or cooperation in~~
3060		-	~~the completion~~ of the ~~adoption.~~
3061		-	~~(b) It shall be~~ a ~~Class C felony for any individual or~~
3062		-	~~agency to receive any money or other thing~~ of ~~value for~~
3063		-	~~placing, assisting~~, or ~~arranging for the placement of~~ a ~~minor~~
3064		-	~~for adoption.~~ ~~This~~ section ~~is not intended to prohibit~~
3065		-	~~legitimate charges for medical~~, ~~legal~~, ~~prenatal, or other~~
3066		-	~~professional services.~~
3067		-	~~(c) Surrogate motherhood is~~ not ~~intended~~ to ~~be covered~~
3068		-	~~by this section~~.
3069		-	§26-10E-34
3070		-	~~Minors may be brought into Alabama for the purpose~~ of
3071		-	~~adoption as provided~~ in ~~Sections 38-7-15 and 44-2-20, except~~
3072		-	~~that investigations shall be made as provided in Sections~~
	3041	+	sealed file. A Certificate of Foreign Birth and sealed file
	3042	+	shall, upon request, be created for a foreign-born individual
	3043	+	adopted in a court in this state as provided in Section
	3044	+	22-9A-12(i).
	3045	+	(c) The new certificate of birth will be prepared on
	3046	+	the form or in the format prescribed by the Office of Vital
	3047	+	Statistics following the requirements in Section 22-9A-12,
	3048	+	Section 22-9A-19, and Title 420 of the Alabama Administrative
	3049	+	Code, or any other rule adopted by the State Board of Health.
	3050	+	(d) There shall be no more than two parents listed on a
	3051	+	new or amended birth certificate. If two parents are
	3052	+	designated in the final judgment of adoption, those
	3053	+	individuals are required to be married to each other at the
	3054	+	time the final judgment of adoption is entered.
	3055	+	(e) A new certificate of birth shall be prepared by the
	3056	+	Office of Vital Statistics in accordance with the current laws
	3057	+	and rules of this state following a final judgment of adoption
	3058	+	being entered in another state, the District of Columbia, a
	3059	+	territory of the United States, or a foreign country.
	3060	+	(f) Except as otherwise provided by Section
	3061	+	22-9A-12(c), after the new birth certificate has been filed,
	3062	+	the original birth certificate and the evidence of adoption
	3063	+	are not subject to inspection except upon order of a court of
	3064	+	competent jurisdiction for good cause shown.
	3065	+	§26-10E-32
	3066	+	Only a parent, a parent of a deceased parent, or a
	3067	+	relative of the degree of relationship specified in Section
	3068	+	26-10E-27, the State Department of Human Resources, a licensed
3073	3069		1485
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3084	3080		1496
3085	3081		1497
3086	3082		1498
3087	3083		1499
3088	3084		1500
3089	3085		1501
3090	3086		1502
3091	3087		1503
3092	3088		1504
3093	3089		1505
3094	3090		1506
3095	3091		1507
3096	3092		1508
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3098	3094		1510
3099	3095		1511
3100		-	1512 HB101 ~~EnrolledHB101 Enrolled~~
	3096	+	1512 HB101 INTRODUCEDHB101 INTRODUCED
3101	3097		Page 55
3102		-	~~26-10E-19 and Section 44-2-20.~~
3103		-	~~§26-10E-35~~
3104		-	(a~~) It shall be unlawful for any individual,~~
3105		-	~~organization, corporation,~~ ~~partnership, hospital,~~ ~~association,~~
3106		-	~~any other business entity~~, or ~~agency to advertise by word~~ of
3107		-	~~mouth~~ or ~~through print,~~ ~~electronic media,~~ ~~including social~~
3108		-	~~media, telephonically,~~ ~~or otherwise that they will take any~~ of
3109		-	the ~~following actions:~~
3110		-	~~(1) Adopt minors or assist~~ in the ~~adoption of minors in~~
3111		-	~~violation~~ of ~~this chapter~~.
3112		-	~~(2) Place~~ or ~~assist in~~ the placement of ~~minors in~~
3113		-	~~foster homes~~, ~~group homes~~, ~~or institutions in violation~~ of
3114		-	~~this chapter.~~
3115		-	~~(3) Pay or offer money or anything of value~~ to ~~the~~
3116		-	~~parent or parents~~ of ~~a minor in violation of Sections~~
3117		-	~~26-10E-32 or 26-10E-33.~~
3118		-	~~(b) Any violation of this section shall be punished as~~
3119		-	~~a Class A misdemeanor.~~
3120		-	~~§26-10E-36~~
3121		-	~~Except as expressly provided within this chapter,~~ ~~the~~
3122		-	~~Alabama Rules of Civil Procedure and the Alabama Rules of~~
3123		-	~~Evidence apply in any case brought under this chapter,~~
3124		-	~~including cases transferred to~~ a ~~juvenile court.~~
3125		-	~~§26-10E-37~~
3126		-	(a~~) Final judgments of adoptions entered into before~~
3127		-	~~January 1~~, ~~2024, are valid and remain~~ in ~~effect as they~~
3128		-	~~existed prior to the enactment~~ of ~~this chapter except that~~
3129		-	~~proceedings after final judgments of adoption entered into~~
	3098	+	child placing agency, or an agency approved by the department
	3099	+	may place, or facilitate the placement of, a minor for
	3100	+	adoption. No person or entity other than the department or a
	3101	+	licensed child placing agency shall engage in the business of
	3102	+	placing, or facilitating the placement of, minors for
	3103	+	adoption. Any individual or entity making more than two
	3104	+	separate and distinctive placements of minors who are
	3105	+	unrelated to the petitioner or petitioners for adoption within
	3106	+	the preceding 12-month period shall be deemed to be in the
	3107	+	business of placing minors for adoption. Any other person who
	3108	+	places, or facilitates the placement of, a minor for adoption
	3109	+	is, upon the first conviction, guilty of a Class A misdemeanor
	3110	+	and, upon subsequent convictions, is guilty of a Class C
	3111	+	felony. This section does not intend to make it unlawful for
	3112	+	any person not engaged in the business of placing, or
	3113	+	facilitating the placement of, minors for adoption to give
	3114	+	advice and assistance to a biological parent in an adoption.
	3115	+	In making adoption arrangements, potential adopting parents
	3116	+	and biological parents are entitled to the advice and
	3117	+	assistance of legal counsel. Surrogate motherhood is not
	3118	+	intended to be covered by this section.
	3119	+	§26-10E-33
	3120	+	(a) It shall be a Class A misdemeanor for any
	3121	+	individual or agency to offer to pay money or anything of
	3122	+	value to a parent for the placement for adoption, for the
	3123	+	consent to an adoption, or for cooperation in the completion
	3124	+	of an adoption of his or her minor child. It shall be a Class
	3125	+	C felony for any individual or agency to pay money or anything
3130	3126		1513
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3148	3144		1531
3149	3145		1532
3150	3146		1533
3151	3147		1534
3152	3148		1535
3153	3149		1536
3154	3150		1537
3155	3151		1538
3156	3152		1539
3157		-	1540 HB101 ~~EnrolledHB101 Enrolled~~
	3153	+	1540 HB101 INTRODUCEDHB101 INTRODUCED
3158	3154		Page 56
3159		-	~~before~~ the ~~enactment~~ of ~~this chapter will be governed under~~
3160		-	~~this chapter.~~
3161		-	~~(b) This chapter shall apply to all proceedings related~~
3162		-	~~to minor adoptions that have~~ not ~~been commenced~~ as ~~of December~~
3163		-	31, ~~2023.~~
3164		-	~~Section 2.~~ ~~Chapter 10F is added to Title 26~~ of the ~~Code~~
3165		-	~~of Alabama 1975~~, ~~to read~~ as ~~follows:~~
3166		-	~~§26-10F-1~~
3167		-	~~This chapter shall be known and may be cited as~~ the
3168		-	~~Alabama Adult~~ Adoption ~~Code~~.
3169		-	~~§26-10F-2~~
3170		-	~~The definitions in the Alabama Minor Adoption Code,~~
3171		-	~~provided in Section 26-10E-2~~, ~~are applicable~~ for ~~this chapter~~
3172		-	~~and have the same meaning whenever used in~~ this ~~chapter except~~
3173		-	~~where the context clearly indicates a different meaning.~~
3174		-	~~§26-10F-3~~
3175		-	~~The probate court shall have original and exclusive~~
3176		-	~~jurisdiction over proceedings brought under~~ this ~~chapter~~.
3177		-	§26-~~10F-4~~
3178		-	~~(a)~~ The ~~petitioner or petitioners, or the adoptee, must~~
3179		-	~~be a resident of the State of Alabama.~~
3180		-	~~(b) All petitions must~~ be ~~filed~~ in ~~the probate court of~~
3181		-	~~either of the following counties:~~
3182		-	~~(1) The county in which the adoptee resides, or is in~~
3183		-	~~military service.~~
3184		-	~~(2) The county in which the petitioner or petitioners~~
3185		-	~~resides~~ or ~~is in military service.~~
3186		-	~~§26-10F-5~~
	3155	+	of value to a parent for the placement of a child for
	3156	+	adoption, for the consent to an adoption, or for cooperation
	3157	+	in the completion of an adoption of his or her minor child.
	3158	+	This section does not make it unlawful, as provided in Section
	3159	+	26-10E-22, to pay the maternity-connected expenses, medical or
	3160	+	hospital expenses, and necessary living expenses of the mother
	3161	+	preceding and during pregnancy-related incapacity, as long as
	3162	+	the payment is not contingent upon placement of the minor
	3163	+	child for adoption, consent to the adoption, or cooperation in
	3164	+	the completion of the adoption.
	3165	+	(b) It shall be a Class C felony for any individual or
	3166	+	agency to receive any money or other thing of value for
	3167	+	placing, assisting, or arranging for the placement of a minor
	3168	+	for adoption. This section is not intended to prohibit
	3169	+	legitimate charges for medical, legal, prenatal, or other
	3170	+	professional services.
	3171	+	(c) Surrogate motherhood is not intended to be covered
	3172	+	by this section.
	3173	+	§26-10E-34
	3174	+	Minors may be brought into Alabama for the purpose of
	3175	+	adoption as provided in Sections 38-7-15 and 44-2-20, except
	3176	+	that investigations shall be made as provided in Sections
	3177	+	26-10E-19 and Section 44-2-20.
	3178	+	§26-10E-35
	3179	+	(a) It shall be unlawful for any individual,
	3180	+	organization, corporation, partnership, hospital, association,
	3181	+	any other business entity, or agency to advertise by word of
	3182	+	mouth or through print, electronic media, including social
3187	3183		1541
3188	3184		1542
3189	3185		1543
3190	3186		1544
3191	3187		1545
3192	3188		1546
3193	3189		1547
3194	3190		1548
3195	3191		1549
3196	3192		1550
3197	3193		1551
3198	3194		1552
3199	3195		1553
3200	3196		1554
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3203	3199		1557
3204	3200		1558
3205	3201		1559
3206	3202		1560
3207	3203		1561
3208	3204		1562
3209	3205		1563
3210	3206		1564
3211	3207		1565
3212	3208		1566
3213	3209		1567
3214		-	1568 HB101 ~~EnrolledHB101 Enrolled~~
	3210	+	1568 HB101 INTRODUCEDHB101 INTRODUCED
3215	3211		Page 57
3216		-	~~(a)~~ Any ~~adult individual may petition the court to~~
3217		-	~~adopt an adult as provided in this chapter.~~
3218		-	(b) ~~Any married couple,~~ ~~both~~ of ~~whom are adults, may~~
3219		-	~~jointly petition the court to adopt an adult as provided in~~
3220		-	~~this chapter.~~ ~~An adult who is married may not petition to~~
3221		-	~~adopt another adult unless the petition for adoption is filed~~
3222		-	~~jointly by his or her spouse, unless that spouse is the~~
3223		-	~~biological~~ or ~~legal parent~~ of ~~the adult sought~~ to ~~be adopted.~~
3224		-	~~(c) Unless the adoptee is biologically related to the~~
3225		-	~~petitioner~~ or ~~petitioners, any petitioner seeking to adopt~~
3226		-	~~another adult must~~ be ~~at least 10 years older than the~~
3227		-	~~adoptee, unless waived by the court for good cause shown~~.
3228		-	~~(d) An adult may only be adopted as provided in this~~
3229		-	chapter ~~and for~~ the ~~establishment of a legal parent-child~~
3230		-	~~relationship.~~
3231		-	~~(e) The Department of Human Resources shall provide by~~
3232		-	~~rule the process through which an individual seeking~~ to
3233		-	~~participate in foster care or adoption may apply for an~~
3234		-	~~exemption from any vaccination requirement for religious or~~
3235		-	~~other appropriate reason for himself~~, ~~herself~~, ~~or any other~~
3236		-	~~individual in his or her household.~~
3237		-	~~§26-10F-6~~
3238		-	~~An adult may~~ be ~~adopted~~ under ~~any of the following~~
3239		-	~~conditions:~~
3240		-	(1) ~~He or she is an individual with a total and~~
3241		-	~~permanent disability.~~
3242		-	~~(2) He or she has been determined to be an~~
3243		-	~~incapacitated person as defined in~~ Section ~~26-2A-20~~.
	3212	+	media, telephonically, or otherwise that they will take any of
	3213	+	the following actions:
	3214	+	(1) Adopt minors or assist in the adoption of minors in
	3215	+	violation of this chapter.
	3216	+	(2) Place or assist in the placement of minors in
	3217	+	foster homes, group homes, or institutions in violation of
	3218	+	this chapter.
	3219	+	(3) Pay or offer money or anything of value to the
	3220	+	parent or parents of a minor in violation of Sections
	3221	+	26-10E-32 or 26-10E-33.
	3222	+	(b) Any violation of this section shall be punished as
	3223	+	a Class A misdemeanor.
	3224	+	§26-10E-36
	3225	+	Except as expressly provided within this chapter, the
	3226	+	Alabama Rules of Civil Procedure and the Alabama Rules of
	3227	+	Evidence apply in any case brought under this chapter,
	3228	+	including cases transferred to a juvenile court.
	3229	+	§26-10E-37
	3230	+	(a) Final judgments of adoptions entered into before
	3231	+	January 1, 2024, are valid and remain in effect as they
	3232	+	existed prior to the enactment of this chapter except that
	3233	+	proceedings after final judgments of adoption entered into
	3234	+	before the enactment of this chapter will be governed under
	3235	+	this chapter.
	3236	+	(b) This chapter shall apply to all proceedings related
	3237	+	to minor adoptions that have not been commenced as of December
	3238	+	31, 2023.
	3239	+	Section 2. Chapter 10F is added to Title 26 of the Code
3244	3240		1569
3245	3241		1570
3246	3242		1571
3247	3243		1572
3248	3244		1573
3249	3245		1574
3250	3246		1575
3251	3247		1576
3252	3248		1577
3253	3249		1578
3254	3250		1579
3255	3251		1580
3256	3252		1581
3257	3253		1582
3258	3254		1583
3259	3255		1584
3260	3256		1585
3261	3257		1586
3262	3258		1587
3263	3259		1588
3264	3260		1589
3265	3261		1590
3266	3262		1591
3267	3263		1592
3268	3264		1593
3269	3265		1594
3270	3266		1595
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3273		-	~~(3) He or she consents in writing~~ to ~~be adopted and is~~
3274		-	~~related in any degree of kinship to the petitioner or~~
3275		-	~~petitioners,~~ as ~~defined by~~ the ~~intestacy laws of Alabama, or~~
3276		-	~~is a stepchild or former stepchild by marriage~~.
3277		-	~~(4) He or she had been in a de facto parent-child~~
3278		-	~~relationship with each petitioner during~~ the ~~minority of the~~
3279		-	~~adoptee~~ for ~~at least one year preceding the filing of the~~
3280		-	~~petition~~ and ~~each petitioner has maintained a continuous~~
3281		-	~~familial relationship with~~ the ~~adoptee~~. ~~This provision shall~~
3282		-	~~include, but is not limited to, a foster parent relationship~~
3283		-	~~with~~ the ~~adoptee.~~
3284		-	~~§26-10F-7~~
3285		-	~~(a) A consent shall be in a sworn writing and signed by~~
3286		-	the ~~person consenting.~~
3287		-	~~(1) Only~~ the ~~sworn, written consent~~ of ~~a legally~~
3288		-	~~competent adoptee shall~~ be ~~required.~~
3289		-	~~(2) If~~ the ~~adoptee has been adjudicated incompetent or~~
3290		-	~~declared to be an incapacitated person as defined~~ in ~~Section~~
3291		-	~~26-2A-20, the sworn written consent of any legal guardian or~~
3292		-	~~conservator of~~ the ~~adoptee and a court appointed guardian ad~~
3293		-	~~litem shall be required~~. ~~The decision to withhold consent by~~
3294		-	~~the guardian ad litem may be overruled by the court as~~
3295		-	~~provided in Section 26-10F-10.~~
3296		-	~~(3) If the court has reason to believe that the adoptee~~
3297		-	~~may be unable to give consent~~, ~~the court shall appoint a~~
3298		-	~~guardian ad litem who shall investigate~~ the ~~adoptee's~~
3299		-	~~circumstances and that guardian ad litem shall give or~~
3300		-	~~withhold consent.~~ The ~~decision to withhold consent by the~~
	3269	+	of Alabama 1975, to read as follows:
	3270	+	§26-10F-1
	3271	+	This chapter shall be known and may be cited as the
	3272	+	Alabama Adult Adoption Code.
	3273	+	§26-10F-2
	3274	+	The definitions in the Alabama Minor Adoption Code,
	3275	+	provided in Section 26-10E-2, are applicable for this chapter
	3276	+	and have the same meaning whenever used in this chapter except
	3277	+	where the context clearly indicates a different meaning.
	3278	+	§26-10F-3
	3279	+	The probate court shall have original and exclusive
	3280	+	jurisdiction over proceedings brought under this chapter.
	3281	+	§26-10F-4
	3282	+	(a) The petitioner or petitioners, or the adoptee, must
	3283	+	be a resident of the State of Alabama.
	3284	+	(b) All petitions must be filed in the probate court of
	3285	+	either of the following counties:
	3286	+	(1) The county in which the adoptee resides, or is in
	3287	+	military service.
	3288	+	(2) The county in which the petitioner or petitioners
	3289	+	resides or is in military service.
	3290	+	§26-10F-5
	3291	+	(a) Any adult individual may petition the court to
	3292	+	adopt an adult as provided in this chapter.
	3293	+	(b) Any married couple, both of whom are adults, may
	3294	+	jointly petition the court to adopt an adult as provided in
	3295	+	this chapter. An adult who is married may not petition to
	3296	+	adopt another adult unless the petition for adoption is filed
3301	3297		1597
3302	3298		1598
3303	3299		1599
3304	3300		1600
3305	3301		1601
3306	3302		1602
3307	3303		1603
3308	3304		1604
3309	3305		1605
3310	3306		1606
3311	3307		1607
3312	3308		1608
3313	3309		1609
3314	3310		1610
3315	3311		1611
3316	3312		1612
3317	3313		1613
3318	3314		1614
3319	3315		1615
3320	3316		1616
3321	3317		1617
3322	3318		1618
3323	3319		1619
3324	3320		1620
3325	3321		1621
3326	3322		1622
3327	3323		1623
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3330		-	~~guardian ad litem may be overruled~~ by the ~~court as provided in~~
3331		-	~~Section 26-10F-10~~.
3332		-	(4) If the adoptee is ~~married and is incapacitated or~~
3333		-	~~otherwise unable~~ to ~~consent, the sworn written consent of his~~
3334		-	~~or her spouse is also required.~~
3335		-	~~(b) A motion to withdraw consent may be filed at any~~
3336		-	~~time before the dispositional hearing on the adoption~~
3337		-	~~petition.~~
3338		-	~~§26-10F-8~~
3339		-	~~(a) A petition for adoption shall be filed with the~~
3340		-	~~clerk~~ of the ~~court. The petition shall be signed and verified~~
3341		-	~~by each petitioner and shall allege all of the following~~:
3342		-	(1) ~~The full name,~~ ~~date~~ and ~~place of birth, and place~~
3343		-	~~of residence of each petitioner and, if married, the place and~~
3344		-	~~date of their marriage.~~
3345		-	~~(2) The date and place of birth of the adoptee.~~
3346		-	(3) ~~The birth name of the adoptee,~~ ~~any other names by~~
3347		-	~~which~~ the ~~adoptee has been known, and the adoptee's proposed~~
3348		-	~~new name.~~
3349		-	~~(4) Where the adoptee~~ is ~~residing at the time of the~~
3350		-	~~filing of the petition.~~
3351		-	~~(5) That~~ each petitioner ~~desires to establish a legal~~
3352		-	~~parent and child relationship between himself or herself and~~
3353		-	~~the adoptee~~ and ~~that he or she is~~ a ~~fit and proper person able~~
3354		-	~~to care for and provide for~~ the adoptee~~'s welfare.~~
3355		-	~~(6) The existence and nature of any prior court orders~~
3356		-	~~known to~~ the ~~petitioner which could affect the adoption of the~~
3357		-	~~adoptee.~~
	3326	+	jointly by his or her spouse, unless that spouse is the
	3327	+	biological or legal parent of the adult sought to be adopted.
	3328	+	(c) Unless the adoptee is biologically related to the
	3329	+	petitioner or petitioners, any petitioner seeking to adopt
	3330	+	another adult must be at least 10 years older than the
	3331	+	adoptee, unless waived by the court for good cause shown.
	3332	+	(d) An adult may only be adopted as provided in this
	3333	+	chapter and for the establishment of a legal parent-child
	3334	+	relationship.
	3335	+	§26-10F-6
	3336	+	An adult may be adopted under any of the following
	3337	+	conditions:
	3338	+	(1) He or she is an individual with a total and
	3339	+	permanent disability.
	3340	+	(2) He or she has been determined to be an
	3341	+	incapacitated person as defined in Section 26-2A-20.
	3342	+	(3) He or she consents in writing to be adopted and is
	3343	+	related in any degree of kinship to the petitioner or
	3344	+	petitioners, as defined by the intestacy laws of Alabama, or
	3345	+	is a stepchild or former stepchild by marriage.
	3346	+	(4) He or she had been in a de facto parent-child
	3347	+	relationship with each petitioner during the minority of the
	3348	+	adoptee for at least one year preceding the filing of the
	3349	+	petition and each petitioner has maintained a continuous
	3350	+	familial relationship with the adoptee. This provision shall
	3351	+	include, but is not limited to, a foster parent relationship
	3352	+	with the adoptee.
	3353	+	§26-10F-7
3358	3354		1625
3359	3355		1626
3360	3356		1627
3361	3357		1628
3362	3358		1629
3363	3359		1630
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3365	3361		1632
3366	3362		1633
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3368	3364		1635
3369	3365		1636
3370	3366		1637
3371	3367		1638
3372	3368		1639
3373	3369		1640
3374	3370		1641
3375	3371		1642
3376	3372		1643
3377	3373		1644
3378	3374		1645
3379	3375		1646
3380	3376		1647
3381	3377		1648
3382	3378		1649
3383	3379		1650
3384	3380		1651
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3387		-	(7) ~~The relationship,~~ ~~if any,~~ ~~of each petitioner to the~~
3388		-	~~adoptee~~.
3389		-	(8) The ~~name and address~~ of ~~any agency, if any,~~
3390		-	~~providing care for the~~ adoptee.
3391		-	(9) The ~~names and addresses of all individuals known to~~
3392		-	~~the petitioner at the time of filing from whom consents or~~
3393		-	~~notice to~~ the ~~adoption are required.~~
3394		-	~~(10) The name and address of the spouse~~ of the adoptee,
3395		-	~~if any~~.
3396		-	~~(b)~~ The ~~caption of a petition for adult adoption shall~~
3397		-	~~be styled "~~In ~~the Matter of the Adoption Petition of _____~~."
3398		-	~~Each petitioner shall be designated in~~ the ~~caption. There~~
3399		-	~~shall~~ be ~~no more than two petitioners.~~
3400		-	~~(c)~~ The ~~petition shall be accompanied by each of the~~
3401		-	~~following:~~
3402		-	~~(1) A certified copy of~~ the ~~adoptee's birth~~
3403		-	~~certificate.~~
3404		-	~~(2) Certified documentation which establishes proof of~~
3405		-	~~a marriage of~~ the adoptee~~, if applicable.~~
3406		-	~~(3) Certified documentation which establishes proof~~ of
3407		-	~~a marriage of the petitioners,~~ ~~if applicable~~.
3408		-	(4) ~~Should common law marriage~~ be ~~alleged,~~ any
3409		-	~~documentation upon which~~ the ~~petitioners rely to prove~~ the
3410		-	~~existence of the common law marriage~~.
3411		-	§26-10F-9
3412		-	(a) ~~Unless service has been previously waived,~~ ~~notice~~
3413		-	~~of pendency~~ of the ~~adoption proceeding~~ shall be ~~served by the~~
3414		-	petitioner ~~on each~~ of the following:
	3383	+	(a) A consent shall be in a sworn writing and signed by
	3384	+	the person consenting.
	3385	+	(1) Only the sworn, written consent of a legally
	3386	+	competent adoptee shall be required.
	3387	+	(2) If the adoptee has been adjudicated incompetent or
	3388	+	declared to be an incapacitated person as defined in Section
	3389	+	26-2A-20, the sworn written consent of any legal guardian or
	3390	+	conservator of the adoptee and a court appointed guardian ad
	3391	+	litem shall be required. The decision to withhold consent by
	3392	+	the guardian ad litem may be overruled by the court as
	3393	+	provided in Section 26-10F-10.
	3394	+	(3) If the court has reason to believe that the adoptee
	3395	+	may be unable to give consent, the court shall appoint a
	3396	+	guardian ad litem who shall investigate the adoptee's
	3397	+	circumstances and that guardian ad litem shall give or
	3398	+	withhold consent. The decision to withhold consent by the
	3399	+	guardian ad litem may be overruled by the court as provided in
	3400	+	Section 26-10F-10.
	3401	+	(4) If the adoptee is married and is incapacitated or
	3402	+	otherwise unable to consent, the sworn written consent of his
	3403	+	or her spouse is also required.
	3404	+	(b) A motion to withdraw consent may be filed at any
	3405	+	time before the dispositional hearing on the adoption
	3406	+	petition.
	3407	+	§26-10F-8
	3408	+	(a) A petition for adoption shall be filed with the
	3409	+	clerk of the court. The petition shall be signed and verified
	3410	+	by each petitioner and shall allege all of the following:
3415	3411		1653
3416	3412		1654
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3419	3415		1657
3420	3416		1658
3421	3417		1659
3422	3418		1660
3423	3419		1661
3424	3420		1662
3425	3421		1663
3426	3422		1664
3427	3423		1665
3428	3424		1666
3429	3425		1667
3430	3426		1668
3431	3427		1669
3432	3428		1670
3433	3429		1671
3434	3430		1672
3435	3431		1673
3436	3432		1674
3437	3433		1675
3438	3434		1676
3439	3435		1677
3440	3436		1678
3441	3437		1679
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3444		-	(1) Any individual whose consent is required by Section
3445		-	26-10F-7.
3446		-	(2) Any legally appointed custodian or guardian of the
	3440	+	(1) The full name, date and place of birth, and place
	3441	+	of residence of each petitioner and, if married, the place and
	3442	+	date of their marriage.
	3443	+	(2) The date and place of birth of the adoptee.
	3444	+	(3) The birth name of the adoptee, any other names by
	3445	+	which the adoptee has been known, and the adoptee's proposed
	3446	+	new name.
	3447	+	(4) Where the adoptee is residing at the time of the
	3448	+	filing of the petition.
	3449	+	(5) That each petitioner desires to establish a legal
	3450	+	parent and child relationship between himself or herself and
	3451	+	the adoptee and that he or she is a fit and proper person able
	3452	+	to care for and provide for the adoptee's welfare.
	3453	+	(6) The existence and nature of any prior court orders
	3454	+	known to the petitioner which could affect the adoption of the
3447	3455		adoptee.
3448		-	(3) The spouse of the adoptee, if the adoptee is
3449		-	married.
3450		-	(4) Any biological or legal parent of the adoptee.
3451		-	(5) Any individual or entity known to any petitioner as
3452		-	currently having physical custody of the adoptee, if the
3453		-	adoptee is alleged to be an individual with a total and
3454		-	permanent disability or alleged to be an incapacitated person.
3455		-	(6) The Department of Human Resources.
3456		-	(7) Any other individual designated by the court.
3457		-	(b) A copy of the notice for adoption shall be served
3458		-	upon those individuals or agencies provided in subsection (a).
3459		-	The form for the notice shall be developed jointly by the
3460		-	Administrative Office of Courts and the Alabama Law Institute.
3461		-	(c) Service of the notice shall be made in the
3462		-	following manner:
3463		-	(1) Service of process shall be made in accordance with
3464		-	the Alabama Rules of Civil Procedure. If the identity or
3465		-	whereabouts of the person whose consent is required under this
3466		-	chapter is unknown, the court shall then issue an order
3467		-	providing for service by publication, by posting, or by any
3468		-	other substituted service.
3469		-	(2) As to the agency or individual referred to in
3470		-	subsection (a)(6), notice shall be by certified mail.
3471		-	(3) As to any other person or entity for whom notice is
	3456	+	(7) The relationship, if any, of each petitioner to the
	3457	+	adoptee.
	3458	+	(8) The name and address of any agency, if any,
	3459	+	providing care for the adoptee.
	3460	+	(9) The names and addresses of all individuals known to
	3461	+	the petitioner at the time of filing from whom consents or
	3462	+	notice to the adoption are required.
	3463	+	(10) The name and address of the spouse of the adoptee,
	3464	+	if any.
	3465	+	(b) The caption of a petition for adult adoption shall
	3466	+	be styled "In the Matter of the Adoption Petition of _____."
	3467	+	Each petitioner shall be designated in the caption. There
3472	3468		1681
3473	3469		1682
3474	3470		1683
3475	3471		1684
3476	3472		1685
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3479	3475		1688
3480	3476		1689
3481	3477		1690
3482	3478		1691
3483	3479		1692
3484	3480		1693
3485	3481		1694
3486	3482		1695
3487	3483		1696
3488	3484		1697
3489	3485		1698
3490	3486		1699
3491	3487		1700
3492	3488		1701
3493	3489		1702
3494	3490		1703
3495	3491		1704
3496	3492		1705
3497	3493		1706
3498	3494		1707
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3501		-	~~required under subsection (a)(7), service by certified mail,~~
3502		-	~~return receipt requested,~~ shall be ~~sufficient. If such service~~
3503		-	~~cannot be completed after two attempts, the court shall issue~~
3504		-	~~an order providing for service by publication,~~ ~~by posting, or~~
3505		-	~~by any other authorized substituted service.~~
3506		-	(d) ~~The notice required by this section may be waived~~
3507		-	~~in writing by~~ the ~~person or entity entitled to receive notice~~.
3508		-	(e) Proof of ~~service of the notice on all persons for~~
3509		-	~~whom notice is required by this section must be filed with~~ the
3510		-	~~court before the dispositional hearing provided in Section~~
3511		-	~~26-10F-13.~~
3512		-	~~§26-10F-10~~
3513		-	~~(a) All consents must be acknowledged in open court,~~
3514		-	unless waived ~~by the court for good cause shown.~~
3515		-	~~(b) If a guardian ad litem has been appointed for~~ the
3516		-	~~adult sought to be adopted,~~ the following ~~procedures apply~~:
3517		-	(1) ~~The guardian ad litem shall file with the court a~~
3518		-	~~written report stating the basis for the decision to give or~~
3519		-	~~withhold consent.~~
3520		-	~~(2) The court shall hold a hearing to allow all parties~~
3521		-	~~to present evidence as to whether it would be in~~ the ~~best~~
3522		-	~~interests of the adult person to be adopted by the petitioner~~
3523		-	or ~~petitioners~~.
3524		-	(c) ~~If the court determines upon clear and convincing~~
3525		-	~~evidence that~~ the ~~decision to withhold consent by~~ the ~~guardian~~
3526		-	~~ad litem~~ is ~~arbitrary~~ and ~~is not in the best interests of the~~
3527		-	incapacitated person~~, it may proceed to make any other orders~~
3528		-	~~it deems necessary for~~ the ~~adult person's welfare,~~ ~~including~~
	3497	+	shall be no more than two petitioners.
	3498	+	(c) The petition shall be accompanied by each of the
	3499	+	following:
	3500	+	(1) A certified copy of the adoptee's birth
	3501	+	certificate.
	3502	+	(2) Certified documentation which establishes proof of
	3503	+	a marriage of the adoptee, if applicable.
	3504	+	(3) Certified documentation which establishes proof of
	3505	+	a marriage of the petitioners, if applicable.
	3506	+	(4) Should common law marriage be alleged, any
	3507	+	documentation upon which the petitioners rely to prove the
	3508	+	existence of the common law marriage.
	3509	+	§26-10F-9
	3510	+	(a) Unless service has been previously waived, notice
	3511	+	of pendency of the adoption proceeding shall be served by the
	3512	+	petitioner on each of the following:
	3513	+	(1) Any individual whose consent is required by Section
	3514	+	26-10F-7.
	3515	+	(2) Any legally appointed custodian or guardian of the
	3516	+	adoptee.
	3517	+	(3) The spouse of the adoptee, if the adoptee is
	3518	+	married.
	3519	+	(4) Any biological or legal parent of the adoptee.
	3520	+	(5) Any individual or entity known to any petitioner as
	3521	+	currently having physical custody of the adoptee, if the
	3522	+	adoptee is alleged to be an individual with a total and
	3523	+	permanent disability or alleged to be an incapacitated person.
	3524	+	(6) The Department of Human Resources.
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3558		-	~~granting~~ the ~~petition for adoption~~.
3559		-	~~§26-10F-11~~
3560		-	(a) ~~No investigation shall be required in any adult~~
3561		-	~~adoption unless ordered~~ by the ~~court to determine if the best~~
3562		-	~~interests~~ of the ~~adoptee will be served by granting the~~
3563		-	~~petition for adoption.~~ The ~~court~~ shall ~~determine~~ the ~~scope of~~
3564		-	~~the investigation.~~
3565		-	(b) ~~If the probate court~~ in ~~which a petition for the~~
3566		-	~~adoption~~ of ~~an adult is filed considers an investigation to be~~
3567		-	~~a necessity, the probate court may order either~~ of the
3568		-	~~following:~~
3569		-	~~(1) The type of investigation that is conducted in an~~
3570		-	~~adoption of a minor adoptee, pursuant to 26-10E-19~~.
3571		-	(2) ~~Any other inquiry which~~ the ~~court considers~~
3572		-	~~advisable~~.
3573		-	(c) Any ~~investigation ordered by the court will be~~
3574		-	~~performed~~ by ~~the Department of Human Resources or anyone~~
3575		-	~~appointed by the court who the court deems as qualified and~~
3576		-	~~appropriate based on~~ the ~~scope of the investigation.~~
3577		-	~~§26-10F-12~~
3578		-	~~(a) Upon the filing of a pleading or a motion~~ by a
3579		-	~~party contesting~~ the ~~adoption, the probate court~~ may ~~not~~
3580		-	~~transfer~~ the ~~case~~ or ~~any part of the case~~ to ~~another court of~~
3581		-	~~this state,~~ ~~and shall forthwith set~~ the ~~matter~~ for ~~a contested~~
3582		-	~~hearing to determine each of~~ the ~~following:~~
3583		-	~~(1) Whether~~ the ~~best interests of the adoptee will be~~
3584		-	~~served by the adoption~~.
3585		-	~~(2) Whether the adoptee is available for adoption by~~
	3554	+	(7) Any other individual designated by the court.
	3555	+	(b) A copy of the notice for adoption shall be served
	3556	+	upon those individuals or agencies provided in subsection (a).
	3557	+	The form for the notice shall be developed jointly by the
	3558	+	Administrative Office of Courts and the Alabama Law Institute.
	3559	+	(c) Service of the notice shall be made in the
	3560	+	following manner:
	3561	+	(1) Service of process shall be made in accordance with
	3562	+	the Alabama Rules of Civil Procedure. If the identity or
	3563	+	whereabouts of the person whose consent is required under this
	3564	+	chapter is unknown, the court shall then issue an order
	3565	+	providing for service by publication, by posting, or by any
	3566	+	other substituted service.
	3567	+	(2) As to the agency or individual referred to in
	3568	+	subsection (a)(6), notice shall be by certified mail.
	3569	+	(3) As to any other person or entity for whom notice is
	3570	+	required under subsection (a)(7), service by certified mail,
	3571	+	return receipt requested, shall be sufficient. If such service
	3572	+	cannot be completed after two attempts, the court shall issue
	3573	+	an order providing for service by publication, by posting, or
	3574	+	by any other authorized substituted service.
	3575	+	(d) The notice required by this section may be waived
	3576	+	in writing by the person or entity entitled to receive notice.
	3577	+	(e) Proof of service of the notice on all persons for
	3578	+	whom notice is required by this section must be filed with the
	3579	+	court before the dispositional hearing provided in Section
	3580	+	26-10F-13.
	3581	+	§26-10F-10
3586	3582		1737
3587	3583		1738
3588	3584		1739
3589	3585		1740
3590	3586		1741
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3600	3596		1751
3601	3597		1752
3602	3598		1753
3603	3599		1754
3604	3600		1755
3605	3601		1756
3606	3602		1757
3607	3603		1758
3608	3604		1759
3609	3605		1760
3610	3606		1761
3611	3607		1762
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3615		-	~~each petitioner and whether each petitioner qualifies to adopt~~
3616		-	~~the adoptee within~~ the ~~requirements of this chapter~~.
3617		-	(3) ~~Whether all necessary consent~~ has been ~~given and,~~
3618		-	~~if so~~, the ~~validity of each consent.~~
3619		-	(4) ~~Whether an express consent has been or may be~~
3620		-	~~withdrawn.~~
3621		-	~~(b) The court shall give at least 14 days of notice of~~
3622		-	the ~~contested~~ hearing ~~by United States mail to~~ all parties ~~who~~
3623		-	~~have appeared before~~ the ~~court unless notice has been waived~~
3624		-	~~in writing.~~ The ~~party contesting~~ the ~~adoption and each~~
3625		-	~~petitioner shall be present at the contested hearing~~. A
3626		-	~~guardian ad litem shall appear~~ and ~~represent the interests of~~
3627		-	the ~~adoptee. Any contestant who is an incapacitated person~~
3628		-	~~shall also be represented by a guardian~~ ad litem in ~~addition~~
3629		-	to any ~~counsel retained by the contestant.~~
3630		-	~~(c)~~ The ~~court may continue the hearing from time to~~
3631		-	~~time to permit notice to all parties, or to permit further~~
3632		-	~~discovery, observation, investigation, or consideration of any~~
3633		-	~~fact or circumstance affecting the granting or denial of the~~
3634		-	adoption ~~petition.~~ The court ~~may order~~ the ~~investigator~~
3635		-	~~appointed under Section 26-10F-11, or a court representative~~
3636		-	~~to investigate allegations underlying~~ the ~~contest or~~ the
3637		-	~~whereabouts of any person entitled to notice of the~~
3638		-	~~proceeding.~~
3639		-	~~(d) After hearing evidence at a contested hearing,~~ ~~the~~
3640		-	~~court shall decide~~ the ~~contest as soon as practicable.~~ ~~If it~~
3641		-	~~is determined by the court that the adoption petition should~~
3642		-	~~be denied,~~ the ~~court shall enter a final judgment denying the~~
	3611	+	(a) All consents must be acknowledged in open court,
	3612	+	unless waived by the court for good cause shown.
	3613	+	(b) If a guardian ad litem has been appointed for the
	3614	+	adult sought to be adopted, the following procedures apply:
	3615	+	(1) The guardian ad litem shall file with the court a
	3616	+	written report stating the basis for the decision to give or
	3617	+	withhold consent.
	3618	+	(2) The court shall hold a hearing to allow all parties
	3619	+	to present evidence as to whether it would be in the best
	3620	+	interests of the adult person to be adopted by the petitioner
	3621	+	or petitioners.
	3622	+	(c) If the court determines upon clear and convincing
	3623	+	evidence that the decision to withhold consent by the guardian
	3624	+	ad litem is arbitrary and is not in the best interests of the
	3625	+	incapacitated person, it may proceed to make any other orders
	3626	+	it deems necessary for the adult person's welfare, including
	3627	+	granting the petition for adoption.
	3628	+	§26-10F-11
	3629	+	(a) No investigation shall be required in any adult
	3630	+	adoption unless ordered by the court to determine if the best
	3631	+	interests of the adoptee will be served by granting the
	3632	+	petition for adoption. The court shall determine the scope of
	3633	+	the investigation.
	3634	+	(b) If the probate court in which a petition for the
	3635	+	adoption of an adult is filed considers an investigation to be
	3636	+	a necessity, the probate court may order either of the
	3637	+	following:
	3638	+	(1) The type of investigation that is conducted in an
3643	3639		1765
3644	3640		1766
3645	3641		1767
3646	3642		1768
3647	3643		1769
3648	3644		1770
3649	3645		1771
3650	3646		1772
3651	3647		1773
3652	3648		1774
3653	3649		1775
3654	3650		1776
3655	3651		1777
3656	3652		1778
3657	3653		1779
3658	3654		1780
3659	3655		1781
3660	3656		1782
3661	3657		1783
3662	3658		1784
3663	3659		1785
3664	3660		1786
3665	3661		1787
3666	3662		1788
3667	3663		1789
3668	3664		1790
3669	3665		1791
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3671	3667		Page 65
3672		-	~~contest. The entry~~ of a ~~final judgment denying a contest~~
3673		-	~~terminates~~ the ~~status of the contestant as a party to the~~
3674		-	~~adoption proceedings and terminates the contestant's right to~~
3675		-	~~notice of further adoption proceedings.~~
3676		-	~~(e) At~~ the ~~contested-case hearing,~~ ~~the court shall~~
3677		-	~~consider any motion of~~ the ~~petitioner or petitioners to obtain~~
3678		-	~~reimbursement for all reasonable medical and living expenses~~
3679		-	~~incidental to the care and well-being of the adoptee for the~~
3680		-	~~time~~ the ~~adoptee resided with the petitioner~~ or ~~petitioners~~
3681		-	~~where the adoptee is an incapacitated adult. If~~ the adoption
3682		-	~~is denied,~~ the ~~probate~~ court ~~shall, unless just cause is shown~~
3683		-	~~otherwise by~~ the ~~contestant, order such reimbursement.~~
3684		-	~~(f) Upon denial~~ of ~~a contest,~~ the ~~court, unless just~~
3685		-	~~cause is shown otherwise by~~ the ~~contestant, shall issue an~~
3686		-	~~order for reimbursement to~~ the ~~petitioner or petitioners of~~
3687		-	the ~~legal costs incurred~~ by ~~each petitioner incidental to the~~
3688		-	~~contest.~~
3689		-	~~§26-10F-13~~
3690		-	(a) ~~The petition for adoption shall be set for a~~
3691		-	~~dispositional hearing within a reasonable period after~~ the
3692		-	~~filing of the petition and all necessary documents,~~ ~~including~~
3693		-	~~an investigative report if ordered by the court~~.
3694		-	(b) The court shall ~~enter an order establishing a date,~~
3695		-	~~time, and place for the~~ hearing ~~on the petition,~~ ~~and each~~
3696		-	~~petitioner and~~ the ~~individual to be adopted shall appear at~~
3697		-	~~the hearing~~ in ~~person~~. If the ~~court determines that such~~
3698		-	~~appearance is impossible or impractical, appearance may~~ be
3699		-	~~made by electronic means,~~ ~~upon good cause shown to~~ the ~~court.~~
	3668	+	adoption of a minor adoptee, pursuant to 26-10E-19.
	3669	+	(2) Any other inquiry which the court considers
	3670	+	advisable.
	3671	+	(c) Any investigation ordered by the court will be
	3672	+	performed by the Department of Human Resources or anyone
	3673	+	appointed by the court who the court deems as qualified and
	3674	+	appropriate based on the scope of the investigation.
	3675	+	§26-10F-12
	3676	+	(a) Upon the filing of a pleading or a motion by a
	3677	+	party contesting the adoption, the probate court may not
	3678	+	transfer the case or any part of the case to another court of
	3679	+	this state, and shall forthwith set the matter for a contested
	3680	+	hearing to determine each of the following:
	3681	+	(1) Whether the best interests of the adoptee will be
	3682	+	served by the adoption.
	3683	+	(2) Whether the adoptee is available for adoption by
	3684	+	each petitioner and whether each petitioner qualifies to adopt
	3685	+	the adoptee within the requirements of this chapter.
	3686	+	(3) Whether all necessary consent has been given and,
	3687	+	if so, the validity of each consent.
	3688	+	(4) Whether an express consent has been or may be
	3689	+	withdrawn.
	3690	+	(b) The court shall give at least 14 days of notice of
	3691	+	the contested hearing by United States mail to all parties who
	3692	+	have appeared before the court unless notice has been waived
	3693	+	in writing. The party contesting the adoption and each
	3694	+	petitioner shall be present at the contested hearing. A
	3695	+	guardian ad litem shall appear and represent the interests of
3700	3696		1793
3701	3697		1794
3702	3698		1795
3703	3699		1796
3704	3700		1797
3705	3701		1798
3706	3702		1799
3707	3703		1800
3708	3704		1801
3709	3705		1802
3710	3706		1803
3711	3707		1804
3712	3708		1805
3713	3709		1806
3714	3710		1807
3715	3711		1808
3716	3712		1809
3717	3713		1810
3718	3714		1811
3719	3715		1812
3720	3716		1813
3721	3717		1814
3722	3718		1815
3723	3719		1816
3724	3720		1817
3725	3721		1818
3726	3722		1819
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3728	3724		Page 66
3729		-	~~(c) At~~ the ~~dispositional hearing,~~ ~~the court shall grant~~
3730		-	a ~~final judgment of adoption if it finds each of the following~~
3731		-	~~based on clear and convincing evidence:~~
3732		-	(1) The ~~adoptee meets one of~~ the ~~qualifications under~~
3733		-	~~Section 26-10F-6.~~
3734		-	~~(2) The required consents and all other necessary~~
3735		-	~~documents have been properly executed and have been filed with~~
3736		-	~~the court~~. The ~~necessary documents shall include,~~ ~~but are not~~
3737		-	~~limited to~~, ~~each of the following:~~
3738		-	a. The ~~petition for adoption.~~
3739		-	~~b. All required consents.~~
3740		-	c. ~~Proof of service of notice on all persons required~~
3741		-	~~to receive notice.~~
3742		-	~~d. Marriage certificates of~~ the ~~petitioners and~~
3743		-	~~adoptee, if applicable.~~
3744		-	~~e. Copies of certified birth certificates or~~ the
3745		-	~~equivalent thereof~~ of ~~each petitioner and adoptee,~~ ~~issued~~
3746		-	~~within six months~~ of the ~~filing of~~ the ~~petition.~~
3747		-	f. The ~~Alabama Report of Adoption Form.~~
3748		-	~~g. Proof~~ of ~~incapacity or total and permanent~~
3749		-	~~disability~~, ~~if applicable.~~
3750		-	~~h. Proof~~ of ~~kinship~~ or ~~a de facto parent and child~~
3751		-	~~relationship pursuant to Section 26-10F-6, if applicable.~~
3752		-	~~i. Any other documentation required by~~ the ~~court.~~
3753		-	~~(3) Any contests have been resolved in favor of~~ the
3754		-	~~petitioner or petitioners~~.
3755		-	~~(4) That each petitioner~~ is ~~a suitable adopting parent~~
3756		-	~~and desires to establish a legal parent and child relationship~~
	3725	+	the adoptee. Any contestant who is an incapacitated person
	3726	+	shall also be represented by a guardian ad litem in addition
	3727	+	to any counsel retained by the contestant.
	3728	+	(c) The court may continue the hearing from time to
	3729	+	time to permit notice to all parties, or to permit further
	3730	+	discovery, observation, investigation, or consideration of any
	3731	+	fact or circumstance affecting the granting or denial of the
	3732	+	adoption petition. The court may order the investigator
	3733	+	appointed under Section 26-10F-11, or a court representative
	3734	+	to investigate allegations underlying the contest or the
	3735	+	whereabouts of any person entitled to notice of the
	3736	+	proceeding.
	3737	+	(d) After hearing evidence at a contested hearing, the
	3738	+	court shall decide the contest as soon as practicable. If it
	3739	+	is determined by the court that the adoption petition should
	3740	+	be denied, the court shall enter a final judgment denying the
	3741	+	contest. The entry of a final judgment denying a contest
	3742	+	terminates the status of the contestant as a party to the
	3743	+	adoption proceedings and terminates the contestant's right to
	3744	+	notice of further adoption proceedings.
	3745	+	(e) At the contested-case hearing, the court shall
	3746	+	consider any motion of the petitioner or petitioners to obtain
	3747	+	reimbursement for all reasonable medical and living expenses
	3748	+	incidental to the care and well-being of the adoptee for the
	3749	+	time the adoptee resided with the petitioner or petitioners
	3750	+	where the adoptee is an incapacitated adult. If the adoption
	3751	+	is denied, the probate court shall, unless just cause is shown
	3752	+	otherwise by the contestant, order such reimbursement.
3757	3753		1821
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3760	3756		1824
3761	3757		1825
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3771	3767		1835
3772	3768		1836
3773	3769		1837
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3775	3771		1839
3776	3772		1840
3777	3773		1841
3778	3774		1842
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3786		-	~~between himself or herself and~~ the ~~adoptee.~~
3787		-	~~(5) That all parties,~~ to the ~~best of their ability,~~
3788		-	~~understand~~ the ~~significance and ramifications~~ of ~~the adoption~~
3789		-	~~and are not acting under duress,~~ ~~coercion, or undue influence.~~
3790		-	~~(6) That the best interests of the adoptee are served~~
3791		-	~~by the adoption and that there is no reason in the public~~
3792		-	~~interest or otherwise why~~ the petition ~~should not~~ be ~~granted.~~
3793		-	~~(7) That all other requirements of this chapter have~~
3794		-	~~been met.~~
3795		-	~~(d)~~ If ~~all~~ the ~~requirements of subsection (b) are met,~~
3796		-	the court ~~may~~ enter ~~its finding in~~ a ~~written final judgment of~~
3797		-	~~adoption~~, ~~granting~~ the petition ~~for adoption.~~
3798		-	~~(e)~~ The ~~final judgment of adoption~~ shall ~~terminate the~~
3799		-	~~parent child relationship of one or both of~~ the ~~legal parents~~
3800		-	~~of the adoptee and shall order the substitution of the name of~~
3801		-	~~each legal parent whose relationship has been terminated on~~
3802		-	~~the amended birth certificate with~~ the ~~name of each~~
3803		-	~~petitioner. There shall be no more than two individuals named~~
3804		-	~~as petitioner.~~
3805		-	(f) ~~If the court grants~~ the adoptee~~'s request for a new~~
3806		-	~~name, the adoptee's new name shall be included in the final~~
3807		-	~~judgment of adoption~~ and ~~placed on the amended birth~~
3808		-	~~certificate.~~
3809		-	~~(g)~~ The ~~final judgment of adoption~~ shall ~~further order~~
3810		-	~~that from the date~~ of the ~~judgment of adoption, the adoptee~~
3811		-	~~shall be~~ the ~~child of the petitioner or petitioners, and that~~
3812		-	~~the adoptee shall be accorded the status set forth in Section~~
3813		-	~~26-10F-16(b)~~.
	3782	+	(f) Upon denial of a contest, the court, unless just
	3783	+	cause is shown otherwise by the contestant, shall issue an
	3784	+	order for reimbursement to the petitioner or petitioners of
	3785	+	the legal costs incurred by each petitioner incidental to the
	3786	+	contest.
	3787	+	§26-10F-13
	3788	+	(a) The petition for adoption shall be set for a
	3789	+	dispositional hearing within a reasonable period after the
	3790	+	filing of the petition and all necessary documents, including
	3791	+	an investigative report if ordered by the court.
	3792	+	(b) The court shall enter an order establishing a date,
	3793	+	time, and place for the hearing on the petition, and each
	3794	+	petitioner and the individual to be adopted shall appear at
	3795	+	the hearing in person. If the court determines that such
	3796	+	appearance is impossible or impractical, appearance may be
	3797	+	made by electronic means, upon good cause shown to the court.
	3798	+	(c) At the dispositional hearing, the court shall grant
	3799	+	a final judgment of adoption if it finds each of the following
	3800	+	based on clear and convincing evidence:
	3801	+	(1) The adoptee meets one of the qualifications under
	3802	+	Section 26-10F-6.
	3803	+	(2) The required consents and all other necessary
	3804	+	documents have been properly executed and have been filed with
	3805	+	the court. The necessary documents shall include, but are not
	3806	+	limited to, each of the following:
	3807	+	a. The petition for adoption.
	3808	+	b. All required consents.
	3809	+	c. Proof of service of notice on all persons required
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3835	3831		1870
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3843		-	~~(h) A final judgment of adoption may not be~~
3844		-	~~collaterally attacked after~~ the ~~expiration of one year from~~
3845		-	~~the entry of the final judgment of adoption~~, ~~and after all~~
3846		-	~~appeals, if any, except in each~~ of the ~~following situations:~~
3847		-	~~(1) Fraud relating to the adoption proceedings.~~
3848		-	~~(2)~~ The ~~adoptee has been kidnapped~~.
3849		-	~~(3) An adoptive parent subsequent to~~ the ~~final judgment~~
3850		-	~~of adoption has been convicted~~ of ~~a sexual offense,~~ as
3851		-	~~provided in Section 15-20A-5~~, ~~involving the adoptee~~.
3852		-	~~§26-10F-14~~
3853		-	~~(a)(1) For the purposes of this chapter~~, ~~a final~~
3854		-	~~judgment is one of~~ the ~~following:~~
3855		-	a. The ~~court adjudicates whether a consent has been~~
3856		-	~~withdrawn~~.
3857		-	~~b. The court adjudicates~~ a ~~contest to an adoption~~
3858		-	~~pursuant~~ to ~~Section 26-10F-12.~~
3859		-	c. The ~~court grants or denies the petition for~~
3860		-	~~adoption.~~
3861		-	~~(2) A final judgment under this chapter shall be~~
3862		-	~~entered in accordance with Rule 58 of the Alabama Rules of~~
3863		-	~~Civil Procedure.~~
3864		-	~~(b) A party may file a post judgment motion challenging~~
3865		-	~~any final judgment entered under this chapter~~. ~~Any post~~
3866		-	~~judgment motion must be filed within 14 days~~ of ~~the entry of~~
3867		-	~~final judgment and no post judgment motion may remain pending~~
3868		-	~~for more than 14 days~~, ~~at which time it shall be deemed denied~~
3869		-	~~by operation~~ of ~~law.~~
3870		-	~~(c) A party may appeal any final judgment entered by a~~
	3839	+	to receive notice.
	3840	+	d. Marriage certificates of the petitioners and
	3841	+	adoptee, if applicable.
	3842	+	e. Copies of certified birth certificates or the
	3843	+	equivalent thereof of each petitioner and adoptee, issued
	3844	+	within six months of the filing of the petition.
	3845	+	f. The Alabama Report of Adoption Form.
	3846	+	g. Proof of incapacity or total and permanent
	3847	+	disability, if applicable.
	3848	+	h. Proof of kinship or a de facto parent and child
	3849	+	relationship pursuant to Section 26-10F-6, if applicable.
	3850	+	i. Any other documentation required by the court.
	3851	+	(3) Any contests have been resolved in favor of the
	3852	+	petitioner or petitioners.
	3853	+	(4) That each petitioner is a suitable adopting parent
	3854	+	and desires to establish a legal parent and child relationship
	3855	+	between himself or herself and the adoptee.
	3856	+	(5) That all parties, to the best of their ability,
	3857	+	understand the significance and ramifications of the adoption
	3858	+	and are not acting under duress, coercion, or undue influence.
	3859	+	(6) That the best interests of the adoptee are served
	3860	+	by the adoption and that there is no reason in the public
	3861	+	interest or otherwise why the petition should not be granted.
	3862	+	(7) That all other requirements of this chapter have
	3863	+	been met.
	3864	+	(d) If all the requirements of subsection (b) are met,
	3865	+	the court may enter its finding in a written final judgment of
	3866	+	adoption, granting the petition for adoption.
3871	3867		1877
3872	3868		1878
3873	3869		1879
3874	3870		1880
3875	3871		1881
3876	3872		1882
3877	3873		1883
3878	3874		1884
3879	3875		1885
3880	3876		1886
3881	3877		1887
3882	3878		1888
3883	3879		1889
3884	3880		1890
3885	3881		1891
3886	3882		1892
3887	3883		1893
3888	3884		1894
3889	3885		1895
3890	3886		1896
3891	3887		1897
3892	3888		1898
3893	3889		1899
3894	3890		1900
3895	3891		1901
3896	3892		1902
3897	3893		1903
3898		-	1904 HB101 ~~EnrolledHB101 Enrolled~~
	3894	+	1904 HB101 INTRODUCEDHB101 INTRODUCED
3899	3895		Page 69
3900		-	~~court under this chapter. An appeal may be made to~~ the ~~Alabama~~
3901		-	~~Court~~ of ~~Civil Appeals by~~ the ~~proper filing of a notice of~~
3902		-	~~appeal with~~ the ~~clerk~~ of the ~~court entering the final judgment~~
3903		-	~~within 14 days of the entry of the final judgment, subject to~~
3904		-	~~Rule 4(a)(3)~~ of ~~the Alabama Rules of Appellate Procedure and~~
3905		-	~~Rule 77(d) of the Alabama Rules of Civil Procedure.~~
3906		-	~~§26-10F-15~~
3907		-	(a) If ~~determined to be in~~ the ~~best interests of the~~
3908		-	~~adoptee or parties~~, the ~~court may determine a hearing~~ shall be
3909		-	~~closed.~~
3910		-	~~(b) Upon motion by the adoptee or parties and for good~~
3911		-	~~cause shown,~~ the ~~court~~ shall ~~have the jurisdiction to issue~~
3912		-	~~any orders deemed necessary to protect~~ the ~~confidentiality~~ of
3913		-	the ~~adoption~~ or ~~adoption proceedings~~, ~~including, but not~~
3914		-	~~limited to,~~ ~~any protective order or injunction to prevent or~~
3915		-	~~limit the dissemination of any information contained in~~
3916		-	~~confidential or sealed records or any other information~~
3917		-	~~identifying~~ the ~~adoptee, the parties,~~ ~~or the witnesses in an~~
3918		-	~~adoption proceeding. Part or all~~ of the ~~record may also be~~
3919		-	~~sealed pursuant to procedure established by applicable~~
3920		-	~~statute, rule,~~ ~~and existing case law~~.
3921		-	(c) ~~When~~ the ~~court enters a final judgment of adoption,~~
3922		-	~~the court shall send a copy of~~ the ~~certified~~ final judgment of
3923		-	adoption ~~to the Department~~ of ~~Human Resources in the manner~~
3924		-	~~prescribed by~~ Section ~~26-10F-17(a)~~.
3925		-	§26-10F-16
3926		-	(a) A ~~judgment granting a petition for adoption of an~~
3927		-	~~adult may order a change in the name~~ of the ~~adoptee unless the~~
	3896	+	(e) The final judgment of adoption shall terminate the
	3897	+	parent child relationship of one or both of the legal parents
	3898	+	of the adoptee and shall order the substitution of the name of
	3899	+	each legal parent whose relationship has been terminated on
	3900	+	the amended birth certificate with the name of each
	3901	+	petitioner. There shall be no more than two individuals named
	3902	+	as petitioner.
	3903	+	(f) If the court grants the adoptee's request for a new
	3904	+	name, the adoptee's new name shall be included in the final
	3905	+	judgment of adoption and placed on the amended birth
	3906	+	certificate.
	3907	+	(g) The final judgment of adoption shall further order
	3908	+	that from the date of the judgment of adoption, the adoptee
	3909	+	shall be the child of the petitioner or petitioners, and that
	3910	+	the adoptee shall be accorded the status set forth in Section
	3911	+	26-10F-16(b).
	3912	+	(h) A final judgment of adoption may not be
	3913	+	collaterally attacked after the expiration of one year from
	3914	+	the entry of the final judgment of adoption, and after all
	3915	+	appeals, if any, except in each of the following situations:
	3916	+	(1) Fraud relating to the adoption proceedings.
	3917	+	(2) The adoptee has been kidnapped.
	3918	+	(3) An adoptive parent subsequent to the final judgment
	3919	+	of adoption has been convicted of a sexual offense, as
	3920	+	provided in Section 15-20A-5, involving the adoptee.
	3921	+	§26-10F-14
	3922	+	(a)(1) For the purposes of this chapter, a final
	3923	+	judgment is one of the following:
3928	3924		1905
3929	3925		1906
3930	3926		1907
3931	3927		1908
3932	3928		1909
3933	3929		1910
3934	3930		1911
3935	3931		1912
3936	3932		1913
3937	3933		1914
3938	3934		1915
3939	3935		1916
3940	3936		1917
3941	3937		1918
3942	3938		1919
3943	3939		1920
3944	3940		1921
3945	3941		1922
3946	3942		1923
3947	3943		1924
3948	3944		1925
3949	3945		1926
3950	3946		1927
3951	3947		1928
3952	3948		1929
3953	3949		1930
3954	3950		1931
3955		-	1932 HB101 ~~EnrolledHB101 Enrolled~~
	3951	+	1932 HB101 INTRODUCEDHB101 INTRODUCED
3956	3952		Page 70
3957		-	~~court finds that~~ the ~~change of name is requested for~~
3958		-	~~fraudulent or criminal purposes; provided, however, that the~~
3959		-	~~court may not change~~ the ~~name of~~ an ~~adoptee who is a sex~~
3960		-	~~offender as provided in~~ Section ~~15-20A-36~~.
3961		-	~~(b) After~~ the ~~final judgment of adoption,~~ the ~~adoptee~~
3962		-	~~shall be treated as the legal child of each adopting parent~~
3963		-	~~and~~ shall ~~have all rights and~~ be ~~subject to all the duties~~
3964		-	~~arising from that relation,~~ ~~including~~ the ~~right~~ of ~~inheritance~~
3965		-	~~under the intestacy laws of the state pursuant to Section~~
3966		-	~~43-8-48.~~
3967		-	~~(c) Upon the~~ final judgment ~~of adoption,~~ ~~the biological~~
3968		-	~~or legal parents~~ of the ~~adoptee, except for a biological or~~
3969		-	~~legal parent who is the spouse of the adopting parent, are~~
3970		-	~~relieved of all parental rights and responsibilities~~ for ~~the~~
3971		-	~~adoptee. Upon the final judgment~~ of ~~adoption, the adoptee~~
3972		-	~~loses all rights of inheritance under the laws of intestacy~~
3973		-	~~pursuant~~ to ~~Section 48-8-48, from or through~~ the ~~biological or~~
3974		-	~~legal parents~~ of the ~~adoptee, except for~~ a ~~biological or legal~~
3975		-	~~parent who is~~ the ~~spouse~~ of the ~~adopting parent.~~
3976		-	~~§26-10F-17~~
3977		-	(a) ~~Within 10 days~~ of the ~~final judgment being entered,~~
3978		-	~~the judge or the clerk~~ of the ~~court shall send a copy~~ of ~~the~~
3979		-	~~certified final judgment of adoption to the Department of~~
3980		-	~~Human Resources electronically or by United States mail and~~
3981		-	~~shall send~~ a ~~copy of the certified final judgment of adoption~~
3982		-	~~to the Office of Vital Statistics electronically or by United~~
3983		-	~~States mail with~~ the ~~report of adoption in the format~~
3984		-	~~developed by~~ the ~~Office of Vital Statistics.~~
	3953	+	a. The court adjudicates whether a consent has been
	3954	+	withdrawn.
	3955	+	b. The court adjudicates a contest to an adoption
	3956	+	pursuant to Section 26-10F-12.
	3957	+	c. The court grants or denies the petition for
	3958	+	adoption.
	3959	+	(2) A final judgment under this chapter shall be
	3960	+	entered in accordance with Rule 58 of the Alabama Rules of
	3961	+	Civil Procedure.
	3962	+	(b) A party may file a post judgment motion challenging
	3963	+	any final judgment entered under this chapter. Any post
	3964	+	judgment motion must be filed within 14 days of the entry of
	3965	+	final judgment and no post judgment motion may remain pending
	3966	+	for more than 14 days, at which time it shall be deemed denied
	3967	+	by operation of law.
	3968	+	(c) A party may appeal any final judgment entered by a
	3969	+	court under this chapter. An appeal may be made to the Alabama
	3970	+	Court of Civil Appeals by the proper filing of a notice of
	3971	+	appeal with the clerk of the court entering the final judgment
	3972	+	within 14 days of the entry of the final judgment, subject to
	3973	+	Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and
	3974	+	Rule 77(d) of the Alabama Rules of Civil Procedure.
	3975	+	§26-10F-15
	3976	+	(a) If determined to be in the best interests of the
	3977	+	adoptee or parties, the court may determine a hearing shall be
	3978	+	closed.
	3979	+	(b) Upon motion by the adoptee or parties and for good
	3980	+	cause shown, the court shall have the jurisdiction to issue
3985	3981		1933
3986	3982		1934
3987	3983		1935
3988	3984		1936
3989	3985		1937
3990	3986		1938
3991	3987		1939
3992	3988		1940
3993	3989		1941
3994	3990		1942
3995	3991		1943
3996	3992		1944
3997	3993		1945
3998	3994		1946
3999	3995		1947
4000	3996		1948
4001	3997		1949
4002	3998		1950
4003	3999		1951
4004	4000		1952
4005	4001		1953
4006	4002		1954
4007	4003		1955
4008	4004		1956
4009	4005		1957
4010	4006		1958
4011	4007		1959
4012		-	1960 HB101 ~~EnrolledHB101 Enrolled~~
	4008	+	1960 HB101 INTRODUCEDHB101 INTRODUCED
4013	4009		Page 71
4014		-	~~(b) Upon receipt~~ of ~~a copy of any certified final~~
4015		-	~~judgment of~~ adoption ~~from the judge~~ or ~~the clerk of the court~~
4016		-	~~for an individual born in this state~~, ~~the Office of Vital~~
4017		-	~~Statistics shall prepare an amended record~~ of ~~birth reflecting~~
4018		-	~~the registrant's new name and the name of each adopting parent~~
4019		-	~~as contained~~ in ~~the final judgment and report of adoption. The~~
4020		-	~~original birth certificate~~ or ~~evidence~~ of ~~adoption will not~~ be
4021		-	sealed ~~unless otherwise ordered~~ by ~~the court granting the~~
4022		-	~~adoption. If the court orders the documents to be sealed~~, ~~the~~
4023		-	~~adoptee may request~~ the ~~original birth certificate and~~
4024		-	~~evidence~~ of ~~adoption as provided by Section 22-9A-12(c).~~
4025		-	~~(c) Upon receipt~~ of ~~a copy of a certified final~~
4026		-	~~judgment of adoption from the judge or the clerk of the court~~
4027		-	~~for a foreign-born individual adopted in a court in this~~
4028		-	~~state, the Office~~ of ~~Vital Statistics, shall, upon request,~~
4029		-	~~create~~ a ~~Certificate~~ of ~~Foreign Birth and sealed file as~~
4030		-	~~provided in Section 22-9A-12(i).~~
4031		-	~~§26-10F-18~~
4032		-	~~Except as expressly provided within this chapter,~~ the
4033		-	~~Alabama Rules of Civil Procedure and the Alabama Rules of~~
4034		-	~~Evidence apply in any case brought under this chapter.~~
4035		-	~~§26-10F-19~~
4036		-	~~(a) Final judgments of adoptions entered into before~~
4037		-	~~January 1~~, ~~2024, are valid and remain in effect as they~~
4038		-	~~existed prior~~ to ~~the enactment of this chapter except that~~
4039		-	~~proceedings after final judgments of adoption entered into~~
4040		-	~~before~~ the ~~enactment~~ of ~~this chapter will be governed under~~
4041		-	~~this chapter.~~
	4010	+	any orders deemed necessary to protect the confidentiality of
	4011	+	the adoption or adoption proceedings, including, but not
	4012	+	limited to, any protective order or injunction to prevent or
	4013	+	limit the dissemination of any information contained in
	4014	+	confidential or sealed records or any other information
	4015	+	identifying the adoptee, the parties, or the witnesses in an
	4016	+	adoption proceeding. Part or all of the record may also be
	4017	+	sealed pursuant to procedure established by applicable
	4018	+	statute, rule, and existing case law.
	4019	+	(c) When the court enters a final judgment of adoption,
	4020	+	the court shall send a copy of the certified final judgment of
	4021	+	adoption to the Department of Human Resources in the manner
	4022	+	prescribed by Section 26-10F-17(a).
	4023	+	§26-10F-16
	4024	+	(a) A judgment granting a petition for adoption of an
	4025	+	adult may order a change in the name of the adoptee unless the
	4026	+	court finds that the change of name is requested for
	4027	+	fraudulent or criminal purposes; provided, however, that the
	4028	+	court may not change the name of an adoptee who is a sex
	4029	+	offender as provided in Section 15-20A-36.
	4030	+	(b) After the final judgment of adoption, the adoptee
	4031	+	shall be treated as the legal child of each adopting parent
	4032	+	and shall have all rights and be subject to all the duties
	4033	+	arising from that relation, including the right of inheritance
	4034	+	under the intestacy laws of the state pursuant to Section
	4035	+	43-8-48.
	4036	+	(c) Upon the final judgment of adoption, the biological
	4037	+	or legal parents of the adoptee, except for a biological or
4042	4038		1961
4043	4039		1962
4044	4040		1963
4045	4041		1964
4046	4042		1965
4047	4043		1966
4048	4044		1967
4049	4045		1968
4050	4046		1969
4051	4047		1970
4052	4048		1971
4053	4049		1972
4054	4050		1973
4055	4051		1974
4056	4052		1975
4057	4053		1976
4058	4054		1977
4059	4055		1978
4060	4056		1979
4061	4057		1980
4062	4058		1981
4063	4059		1982
4064	4060		1983
4065	4061		1984
4066	4062		1985
4067	4063		1986
4068	4064		1987
4069		-	1988 HB101 ~~EnrolledHB101 Enrolled~~
	4065	+	1988 HB101 INTRODUCEDHB101 INTRODUCED
4070	4066		Page 72
4071		-	(b) This chapter shall apply to all proceedings related
4072		-	to adult adoptions that have not been commenced as of December
4073		-	31, 2023.
4074		-	Section 3. Section 12-15-115.1 is added to the Code of
4075		-	Alabama 1975, to read as follows:
4076		-	§12-15-115.1
4077		-	Once an adoption proceeding in the juvenile court has
4078		-	been completed, a copy of all the juvenile court records,
4079		-	including filings and documents originally sent upon transfer
4080		-	by the probate court, shall be forwarded to the probate court
4081		-	from which the case was transferred. All other filings and
4082		-	documents that are retained by the juvenile court pertaining
4083		-	to the adoption proceeding shall be sealed, kept as a
4084		-	permanent record of the court, and withheld from inspection
4085		-	except as otherwise ordered by the court for good cause shown.
4086		-	Section 4. Section 12-15-133, Code of Alabama 1975, is
4087		-	amended to read as follows:
4088		-	"§12-15-133
4089		-	(a) The following records, reports, and information
4090		-	acquired or generated in juvenile courts concerning children
4091		-	shall be confidential and shall not be released to any person
4092		-	individual, department, agency, or entity, except as provided
4093		-	elsewhere in this section:
4094		-	(1) Juvenile legal files (,including formal documents
4095		-	as petitions, notices, motions, legal memoranda, orders, and
4096		-	decrees).
	4067	+	legal parent who is the spouse of the adopting parent, are
	4068	+	relieved of all parental rights and responsibilities for the
	4069	+	adoptee. Upon the final judgment of adoption, the adoptee
	4070	+	loses all rights of inheritance under the laws of intestacy
	4071	+	pursuant to Section 48-8-48, from or through the biological or
	4072	+	legal parents of the adoptee, except for a biological or legal
	4073	+	parent who is the spouse of the adopting parent.
	4074	+	§26-10F-17
	4075	+	(a) Within 10 days of the final judgment being entered,
	4076	+	the judge or the clerk of the court shall send a copy of the
	4077	+	certified final judgment of adoption to the Department of
	4078	+	Human Resources electronically or by United States mail and
	4079	+	shall send a copy of the certified final judgment of adoption
	4080	+	to the Office of Vital Statistics electronically or by United
	4081	+	States mail with the report of adoption in the format
	4082	+	developed by the Office of Vital Statistics.
	4083	+	(b) Upon receipt of a copy of any certified final
	4084	+	judgment of adoption from the judge or the clerk of the court
	4085	+	for an individual born in this state, the Office of Vital
	4086	+	Statistics shall prepare an amended record of birth reflecting
	4087	+	the registrant's new name and the name of each adopting parent
	4088	+	as contained in the final judgment and report of adoption. The
	4089	+	original birth certificate or evidence of adoption will not be
	4090	+	sealed unless otherwise ordered by the court granting the
	4091	+	adoption. If the court orders the documents to be sealed, the
	4092	+	adoptee may request the original birth certificate and
	4093	+	evidence of adoption as provided by Section 22-9A-12(c).
	4094	+	(c) Upon receipt of a copy of a certified final
4097	4095		1989
4098	4096		1990
4099	4097		1991
4100	4098		1992
4101	4099		1993
4102	4100		1994
4103	4101		1995
4104	4102		1996
4105	4103		1997
4106	4104		1998
4107	4105		1999
4108	4106		2000
4109	4107		2001
4110	4108		2002
4111	4109		2003
4112	4110		2004
4113	4111		2005
4114	4112		2006
4115	4113		2007
4116	4114		2008
4117	4115		2009
4118	4116		2010
4119	4117		2011
4120	4118		2012
4121	4119		2013
4122		-	2014 HB101 EnrolledHB101 Enrolled
	4120	+	2014
	4121	+	2015
	4122	+	2016 HB101 INTRODUCEDHB101 INTRODUCED
4123	4123		Page 73
4124		-	(2) Social records, including but not limited to:
4125		-	a. Records of juvenile probation officers.
4126		-	b. Records of the Department of Human Resources.
4127		-	c. Records of the Department of Youth Services.
4128		-	d. Medical records.
4129		-	e. Psychiatric or psychological records.
4130		-	f. Reports of preliminary inquiries and predisposition
4131		-	studies.
4132		-	g. Supervision records.
4133		-	h. Birth certificates.
4134		-	i. Individualized service plans.
4135		-	j. Education records, including, but not limited to,
4136		-	individualized education plans.
4137		-	k. Detention records.
4138		-	l. Demographic information that identifies a child or
4139		-	the family of a child.
4140		-	(3) State Criminal Justice Information System records.
4141		-	(4) Juvenile criminal sex offender notification
4142		-	records.
4143		-	(b) The records, reports, and information described in
4144		-	subsection (a) shall be filed separately from other files and
4145		-	records of the court. The juvenile legal files described in
4146		-	subdivision (1) of subsection (a)(1) shall be maintained in a
4147		-	separate file from all other juvenile records, reports, and
4148		-	2015
4149		-	2016
	4124	+	judgment of adoption from the judge or the clerk of the court
	4125	+	for a foreign-born individual adopted in a court in this
	4126	+	state, the Office of Vital Statistics, shall, upon request,
	4127	+	create a Certificate of Foreign Birth and sealed file as
	4128	+	provided in Section 22-9A-12(i).
	4129	+	§26-10F-18
	4130	+	Except as expressly provided within this chapter, the
	4131	+	Alabama Rules of Civil Procedure and the Alabama Rules of
	4132	+	Evidence apply in any case brought under this chapter.
	4133	+	§26-10F-19
	4134	+	(a) Final judgments of adoptions entered into before
	4135	+	January 1, 2024, are valid and remain in effect as they
	4136	+	existed prior to the enactment of this chapter except that
	4137	+	proceedings after final judgments of adoption entered into
	4138	+	before the enactment of this chapter will be governed under
	4139	+	this chapter.
	4140	+	(b) This chapter shall apply to all proceedings related
	4141	+	to adult adoptions that have not been commenced as of December
	4142	+	31, 2023.
	4143	+	Section 3. Section 12-15-115.1 is added to the Code of
	4144	+	Alabama 1975, to read as follows:
	4145	+	§12-15-115.1
	4146	+	Once an adoption proceeding in the juvenile court has
	4147	+	been completed, a copy of all the juvenile court records,
	4148	+	including filings and documents originally sent upon transfer
	4149	+	by the probate court, shall be forwarded to the probate court
	4150	+	from which the case was transferred. All other filings and
	4151	+	documents that are retained by the juvenile court pertaining
4150	4152		2017
4151	4153		2018
4152	4154		2019
4153	4155		2020
4154	4156		2021
4155	4157		2022
4156	4158		2023
4157	4159		2024
4158	4160		2025
4159	4161		2026
4160	4162		2027
4161	4163		2028
4162	4164		2029
4163	4165		2030
4164	4166		2031
4165	4167		2032
4166	4168		2033
4167	4169		2034
4168	4170		2035
4169	4171		2036
4170	4172		2037
4171		-	2038 HB101 EnrolledHB101 Enrolled
4172		-	Page 74
4173		-	information.
4174		-	(c) Subject to applicable federal law, the records,
4175		-	reports, and information described in subsection (a) shall be
4176		-	open to inspection and copying only by the following, under
4177		-	the specified circumstances:
4178		-	(1) The judge, juvenile probation officers, and
4179		-	professional staff assigned to serve or contracted for service
4180		-	to the juvenile court.
4181		-	(2) Representatives of a public or private agency or
4182		-	department providing supervision or having legal custody of
4183		-	the child.
4184		-	(3) The parent (,except when parental rights have been
4185		-	terminated), the legal guardian of the child, and the legal
4186		-	custodian of the child.
4187		-	(4) The subject of the proceedings and his or her
4188		-	counsel and guardian ad litem. As used in this section, the
4189		-	term "counsel" means a child's attorney and an attorney for a
4190		-	criminal defendant who was formerly a child subject to
4191		-	proceedings in juvenile court.
4192		-	(5) The judge, probation, prosecutor, and other
4193		-	professional staff serving a court handling criminal cases for
4194		-	investigating or considering youthful offender applications
4195		-	for an individual, who, prior thereto, had been the subject of
4196		-	proceedings in juvenile court.
	4173	+	2038
4197	4174		2039
4198	4175		2040
4199	4176		2041
4200	4177		2042
4201	4178		2043
4202		-	2044
	4179	+	2044 HB101 INTRODUCEDHB101 INTRODUCED
	4180	+	Page 74
	4181	+	to the adoption proceeding shall be sealed, kept as a
	4182	+	permanent record of the court, and withheld from inspection
	4183	+	except as otherwise ordered by the court for good cause shown.
	4184	+	Section 4. Section 12-15-133, Code of Alabama 1975, is
	4185	+	amended to read as follows:
	4186	+	"§12-15-133
	4187	+	(a) The following records, reports, and information
	4188	+	acquired or generated in juvenile courts concerning children
	4189	+	shall be confidential and shall not be released to any person
	4190	+	individual, department, agency, or entity, except as provided
	4191	+	elsewhere in this section:
	4192	+	(1) Juvenile legal files (,including formal documents
	4193	+	as petitions, notices, motions, legal memoranda, orders, and
	4194	+	decrees).
	4195	+	(2) Social records, including but not limited to:
	4196	+	a. Records of juvenile probation officers.
	4197	+	b. Records of the Department of Human Resources.
	4198	+	c. Records of the Department of Youth Services.
	4199	+	d. Medical records.
	4200	+	e. Psychiatric or psychological records.
	4201	+	f. Reports of preliminary inquiries and predisposition
	4202	+	studies.
	4203	+	g. Supervision records.
	4204	+	h. Birth certificates.
	4205	+	i. Individualized service plans.
4203	4206		2045
4204	4207		2046
4205	4208		2047
4206	4209		2048
4207	4210		2049
4208	4211		2050
4209	4212		2051
4210	4213		2052
4211	4214		2053
4212	4215		2054
4213	4216		2055
4214	4217		2056
4215	4218		2057
4216	4219		2058
4217	4220		2059
4218	4221		2060
4219	4222		2061
4220		-	2062 HB101 EnrolledHB101 Enrolled
4221		-	Page 75
4222		-	(6) The judge, probation, and other professional staff,
4223		-	including the prosecutor and the attorney for the defendant,
4224		-	serving a court handling criminal cases for completing
4225		-	sentencing standards worksheets and considering the sentence
4226		-	upon a person an individual charged with a criminal offense
4227		-	who, prior thereto, had been the subject of proceedings in
4228		-	juvenile court.
4229		-	(7) The principal of the school in which the child is
4230		-	enrolled, or the representative of the principal, upon written
4231		-	petition to the juvenile court setting forth the reasons why
4232		-	the safety or welfare, or both, of the school, its students,
4233		-	or personnel, necessitate production of the information and
4234		-	without which the safety and welfare of the school, its
4235		-	students, and personnel, would be threatened; provided,
4236		-	however, certain information concerning children adjudicated
4237		-	delinquent of certain offenses shall be provided as set forth
4238		-	in Section 12-15-217.
4239		-	(8) The Alabama Sentencing Commission, as set forth in
4240		-	Section 12-25-11.
4241		-	(9) In any criminal proceeding, including a criminal
4242		-	proceeding in which a person an individual is adjudicated a
4243		-	youthful offender, as well as any juvenile proceeding pursuant
4244		-	to Section 12-15-105, the prosecutor representing the State of
4245		-	Alabama shall have access to all juvenile legal files
	4223	+	2062
4246	4224		2063
4247	4225		2064
4248	4226		2065
4249	4227		2066
4250	4228		2067
4251	4229		2068
4252		-	2069
	4230	+	2069 HB101 INTRODUCEDHB101 INTRODUCED
	4231	+	Page 75
	4232	+	j. Education records, including, but not limited to,
	4233	+	individualized education plans.
	4234	+	k. Detention records.
	4235	+	l. Demographic information that identifies a child or
	4236	+	the family of a child.
	4237	+	(3) State Criminal Justice Information System records.
	4238	+	(4) Juvenile criminal sex offender notification
	4239	+	records.
	4240	+	(b) The records, reports, and information described in
	4241	+	subsection (a) shall be filed separately from other files and
	4242	+	records of the court. The juvenile legal files described in
	4243	+	subdivision (1) of subsection (a)(1) shall be maintained in a
	4244	+	separate file from all other juvenile records, reports, and
	4245	+	information.
	4246	+	(c) Subject to applicable federal law, the records,
	4247	+	reports, and information described in subsection (a) shall be
	4248	+	open to inspection and copying only by the following, under
	4249	+	the specified circumstances:
	4250	+	(1) The judge, juvenile probation officers, and
	4251	+	professional staff assigned to serve or contracted for service
	4252	+	to the juvenile court.
	4253	+	(2) Representatives of a public or private agency or
	4254	+	department providing supervision or having legal custody of
	4255	+	the child.
4253	4256		2070
4254	4257		2071
4255	4258		2072
4256	4259		2073
4257	4260		2074
4258	4261		2075
4259	4262		2076
4260	4263		2077
4261	4264		2078
4262	4265		2079
4263	4266		2080
4264	4267		2081
4265	4268		2082
4266	4269		2083
4267	4270		2084
4268	4271		2085
4269		-	2086 HB101 EnrolledHB101 Enrolled
4270		-	Page 76
4271		-	specified in subdivision (a)(1) on that person individual
4272		-	regardless of the jurisdiction from which the files originate.
4273		-	(d) Upon determining a legitimate need for access, and
4274		-	subject to applicable federal law, the juvenile court may also
4275		-	grant access to specific records, reports, and information to
4276		-	a prosecutor representing the State of Alabama, department,
4277		-	entity, or agency. The determination of legitimate need by the
4278		-	juvenile court shall be based upon a written request filed
4279		-	with the juvenile court stating the following:
4280		-	(1) The reason the person individual, department,
4281		-	entity, or agency is requesting the information.
4282		-	(2) The use to be made of the information.
4283		-	(3) The names of those persons individuals or entities
4284		-	that will have access to the information.
4285		-	(e) Petitions, motions, juvenile court notices, or
4286		-	dispositions shall be open to inspection and copying by the
4287		-	victim.
4288		-	(f) Subject to applicable confidentiality disclosure
4289		-	and case restrictions imposed by federal or state law,
4290		-	confidential juvenile legal files, as described in subdivision
4291		-	(1) of subsection (a)(1), may be placed on an automated
4292		-	information sharing system to be shared with the child's
4293		-	counsel and guardian ad litem, prosecutors, departments,
4294		-	agencies, or entities who are entitled to access pursuant to
	4272	+	2086
4295	4273		2087
4296	4274		2088
4297	4275		2089
4298	4276		2090
4299	4277		2091
4300	4278		2092
4301		-	2093
	4279	+	2093 HB101 INTRODUCEDHB101 INTRODUCED
	4280	+	Page 76
	4281	+	(3) The parent (,except when parental rights have been
	4282	+	terminated), the legal guardian of the child, and the legal
	4283	+	custodian of the child.
	4284	+	(4) The subject of the proceedings and his or her
	4285	+	counsel and guardian ad litem. As used in this section, the
	4286	+	term "counsel" means a child's attorney and an attorney for a
	4287	+	criminal defendant who was formerly a child subject to
	4288	+	proceedings in juvenile court.
	4289	+	(5) The judge, probation, prosecutor, and other
	4290	+	professional staff serving a court handling criminal cases for
	4291	+	investigating or considering youthful offender applications
	4292	+	for an individual, who, prior thereto, had been the subject of
	4293	+	proceedings in juvenile court.
	4294	+	(6) The judge, probation, and other professional staff,
	4295	+	including the prosecutor and the attorney for the defendant,
	4296	+	serving a court handling criminal cases for completing
	4297	+	sentencing standards worksheets and considering the sentence
	4298	+	upon a person an individual charged with a criminal offense
	4299	+	who, prior thereto, had been the subject of proceedings in
	4300	+	juvenile court.
	4301	+	(7) The principal of the school in which the child is
	4302	+	enrolled, or the representative of the principal, upon written
	4303	+	petition to the juvenile court setting forth the reasons why
	4304	+	the safety or welfare, or both, of the school, its students,
4302	4305		2094
4303	4306		2095
4304	4307		2096
4305	4308		2097
4306	4309		2098
4307	4310		2099
4308	4311		2100
4309	4312		2101
4310	4313		2102
4311	4314		2103
4312	4315		2104
4313	4316		2105
4314	4317		2106
4315	4318		2107
4316	4319		2108
4317	4320		2109
4318		-	2110 HB101 EnrolledHB101 Enrolled
4319		-	Page 77
4320		-	this section.
4321		-	(g) Except for the purposes permitted and in the manner
4322		-	provided by this section, whoever discloses or makes use of or
4323		-	knowingly permits the use of information identifying a child,
4324		-	or the family of a child, who is or was under the jurisdiction
4325		-	of the juvenile court, where this information is directly or
4326		-	indirectly derived from the records of the juvenile court or
4327		-	acquired in the course of official duties, upon conviction
4328		-	thereof, shall be guilty of a Class A misdemeanor under the
4329		-	jurisdiction of the juvenile court and also may be subject to
4330		-	civil sanctions. Provided, however, that nothing in this
4331		-	section shall be construed to prohibit or otherwise limit
4332		-	counsel from disclosing confidential information obtained from
4333		-	the juvenile court file of the child as needed to investigate
4334		-	the case of the client or prepare a defense for that client,
4335		-	provided that the disclosure is in furtherance of counsel's
4336		-	representation of the party.
4337		-	(h) Anytime that a child commits a violent offense and
4338		-	is adjudicated delinquent, if that child as an adult commits
4339		-	the same or a similar offense, the court records pertaining to
4340		-	the juvenile offense may be used in the prosecution of the
4341		-	adult offense.
4342		-	(i) This section does not prohibit juvenile courts from
4343		-	communicating with and sharing otherwise confidential
	4321	+	2110
4344	4322		2111
4345	4323		2112
4346	4324		2113
4347	4325		2114
4348	4326		2115
4349	4327		2116
4350		-	2117
	4328	+	2117 HB101 INTRODUCEDHB101 INTRODUCED
	4329	+	Page 77
	4330	+	or personnel, necessitate production of the information and
	4331	+	without which the safety and welfare of the school, its
	4332	+	students, and personnel, would be threatened; provided,
	4333	+	however, certain information concerning children adjudicated
	4334	+	delinquent of certain offenses shall be provided as set forth
	4335	+	in Section 12-15-217.
	4336	+	(8) The Alabama Sentencing Commission, as set forth in
	4337	+	Section 12-25-11.
	4338	+	(9) In any criminal proceeding, including a criminal
	4339	+	proceeding in which a person an individual is adjudicated a
	4340	+	youthful offender, as well as any juvenile proceeding pursuant
	4341	+	to Section 12-15-105, the prosecutor representing the State of
	4342	+	Alabama shall have access to all juvenile legal files
	4343	+	specified in subdivision (a)(1) on that person individual
	4344	+	regardless of the jurisdiction from which the files originate.
	4345	+	(d) Upon determining a legitimate need for access, and
	4346	+	subject to applicable federal law, the juvenile court may also
	4347	+	grant access to specific records, reports, and information to
	4348	+	a prosecutor representing the State of Alabama, department,
	4349	+	entity, or agency. The determination of legitimate need by the
	4350	+	juvenile court shall be based upon a written request filed
	4351	+	with the juvenile court stating the following:
	4352	+	(1) The reason the person individual, department,
	4353	+	entity, or agency is requesting the information.
4351	4354		2118
4352	4355		2119
4353	4356		2120
4354	4357		2121
4355	4358		2122
4356	4359		2123
4357	4360		2124
4358	4361		2125
4359	4362		2126
4360	4363		2127
4361	4364		2128
4362	4365		2129
4363	4366		2130
4364	4367		2131
4365	4368		2132
4366	4369		2133
4367		-	2134 HB101 EnrolledHB101 Enrolled
	4370	+	2134
	4371	+	2135
	4372	+	2136
	4373	+	2137
	4374	+	2138
	4375	+	2139
	4376	+	2140
	4377	+	2141 HB101 INTRODUCEDHB101 INTRODUCED
4368	4378		Page 78
	4379	+	(2) The use to be made of the information.
	4380	+	(3) The names of those persons individuals or entities
	4381	+	that will have access to the information.
	4382	+	(e) Petitions, motions, juvenile court notices, or
	4383	+	dispositions shall be open to inspection and copying by the
	4384	+	victim.
	4385	+	(f) Subject to applicable confidentiality disclosure
	4386	+	and case restrictions imposed by federal or state law,
	4387	+	confidential juvenile legal files, as described in subdivision
	4388	+	(1) of subsection (a)(1), may be placed on an automated
	4389	+	information sharing system to be shared with the child's
	4390	+	counsel and guardian ad litem, prosecutors, departments,
	4391	+	agencies, or entities who are entitled to access pursuant to
	4392	+	this section.
	4393	+	(g) Except for the purposes permitted and in the manner
	4394	+	provided by this section, whoever discloses or makes use of or
	4395	+	knowingly permits the use of information identifying a child,
	4396	+	or the family of a child, who is or was under the jurisdiction
	4397	+	of the juvenile court, where this information is directly or
	4398	+	indirectly derived from the records of the juvenile court or
	4399	+	acquired in the course of official duties, upon conviction
	4400	+	thereof, shall be guilty of a Class A misdemeanor under the
	4401	+	jurisdiction of the juvenile court and also may be subject to
	4402	+	civil sanctions. Provided, however, that nothing in this
	4403	+	2142
	4404	+	2143
	4405	+	2144
	4406	+	2145
	4407	+	2146
	4408	+	2147
	4409	+	2148
	4410	+	2149
	4411	+	2150
	4412	+	2151
	4413	+	2152
	4414	+	2153
	4415	+	2154
	4416	+	2155
	4417	+	2156
	4418	+	2157
	4419	+	2158
	4420	+	2159
	4421	+	2160
	4422	+	2161
	4423	+	2162
	4424	+	2163
	4425	+	2164
	4426	+	2165 HB101 INTRODUCEDHB101 INTRODUCED
	4427	+	Page 79
	4428	+	section shall be construed to prohibit or otherwise limit
	4429	+	counsel from disclosing confidential information obtained from
	4430	+	the juvenile court file of the child as needed to investigate
	4431	+	the case of the client or prepare a defense for that client,
	4432	+	provided that the disclosure is in furtherance of counsel's
	4433	+	representation of the party.
	4434	+	(h) Anytime that a child commits a violent offense and
	4435	+	is adjudicated delinquent, if that child as an adult commits
	4436	+	the same or a similar offense, the court records pertaining to
	4437	+	the juvenile offense may be used in the prosecution of the
	4438	+	adult offense.
	4439	+	(i) This section does not prohibit juvenile courts from
	4440	+	communicating with and sharing otherwise confidential
4369	4441		information with any court of this state in accordance with
4370	4442		Section 26-10E-30 that is currently handling an adoption
4371	4443		matter or has entered a final adoption judgment regarding a
4372	4444		juvenile. All records shared between the courts are to remain
4373	4445		under seal and shall not be shared with the parties or
4374	4446		released to the public. "
4375	4447		Section 5. Section 12-12-35, Code of Alabama 1975,
4376	4448		relating to the transfer of adoption proceedings, and Chapter
4377	4449		10A of Title 26, Code of Alabama 1975, commencing with Section
4378	4450		26-10A-1, relating to adoption, are repealed.
4379	4451		Section 6. Although this bill would have as its purpose
4380	4452		or effect the requirement of a new or increased expenditure of
4381		-	local funds, the bill is excluded from further requirements
4382		-	and application under Section 111.05 of the Constitution of
4383		-	Alabama of 2022, because the bill defines a new crime or
4384		-	amends the definition of an existing crime.
4385		-	Section 7. This act shall become effective on January
4386		-	1, 2024, following its passage and approval by the Governor,
4387		-	or its otherwise becoming law.
4388		-	2135
4389		-	2136
4390		-	2137
4391		-	2138
4392		-	2139
4393		-	2140
4394		-	2141
4395		-	2142
4396		-	2143
4397		-	2144
4398		-	2145
4399		-	2146
4400		-	2147
4401		-	2148
4402		-	2149
4403		-	2150
4404		-	2151
4405		-	2152
4406		-	2153 HB101 EnrolledHB101 Enrolled
4407		-	Page 79
4408		-	________________________________________________
4409		-	Speaker of the House of Representatives
4410		-	________________________________________________
4411		-	President and Presiding Officer of the Senate
4412		-	House of Representatives
4413		-	I hereby certify that the within Act originated in and
4414		-	was passed by the House 23-Mar-23, as amended.
4415		-	John Treadwell
4416		-	Clerk
4417		-	Senate 13-APR-23 P assed and Amended
4418		-	House 18-APR-23 Concurred in Senate
4419		-	Amendment
4420		-	2154
4421		-	2155
4422		-	2156
4423		-	2157
4424		-	2158
4425		-	2159
4426		-	2160
4427		-	2161
4428		-	2162
4429		-	2163
4430		-	2164
4431		-	2165
4432	4453		2166
4433	4454		2167
4434	4455		2168
4435	4456		2169
4436	4457		2170
4437	4458		2171
4438	4459		2172
4439	4460		2173
4440	4461		2174
4441	4462		2175
4442	4463		2176
4443	4464		2177
4444	4465		2178
4445	4466		2179
4446	4467		2180
4447	4468		2181
4448	4469		2182
4449	4470		2183
4450	4471		2184
4451	4472		2185
4452	4473		2186
4453	4474		2187
4454	4475		2188
4455	4476		2189
	4477	+	2190 HB101 INTRODUCEDHB101 INTRODUCED
	4478	+	Page 80
	4479	+	local funds, the bill is excluded from further requirements
	4480	+	and application under Section 111.05 of the Constitution of
	4481	+	Alabama of 2022, because the bill defines a new crime or
	4482	+	amends the definition of an existing crime.
	4483	+	Section 7. This act shall become effective on January
	4484	+	1, 2024, following its passage and approval by the Governor,
	4485	+	or its otherwise becoming law.
	4486	+	2191
	4487	+	2192
	4488	+	2193
	4489	+	2194
	4490	+	2195
	4491	+	2196
	4492	+	2197