Alabama House Bill HB101 Latest Draft

                            HB101ENROLLED
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IV7IWW-3
By Representatives Shaver, Kitchens, Wood (D), Collins,
Almond, Shirey, Crawford, Estes, Gidley, Simpson, Sorrells,
Marques, Lee, Smith, Standridge, Wadsworth, Brown, Ingram,
Mooney, Moore (P), Butler, Lipscomb, Kirkland, Shaw, Givens,
Colvin, Rigsby, Shedd, Woods, Robertson, Lomax, Stadthagen,
Sells, Hulsey, DuBose, Wilcox, Lamb, Hill, Holk-Jones, Hurst,
Underwood, Cole, Harrison, Ledbetter, Reynolds
RFD: Children and Senior Advocacy
First Read: 07-Mar-23
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Enrolled, An Act,
Relating to adoption; to add Chapter 10E and Chapter
10F to Title 26 of the Code of Alabama 1975, and Section
12-15-115.1 to the Code of Alabama 1975; to amend Section
12-15-133 of the Code of Alabama 1975; to repeal Section
12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title
26 of the Code of Alabama 1975; to create the Alabama Minor
Adoption Code and the Alabama Adult Adoption Code; to provide
for jurisdictional and procedural requirements relating to
adoptions; to provide for the communication of certain courts 
handling adoption-related proceedings; to provide that certain
individuals must consent to an adoption; to provide for the
confidentiality of certain adoption records; to provide for
investigative requirements for the adoption of a minor; to
provide procedures to adopt an adult; and in connection
therewith would have as its purpose or effect the requirement
of a new or increased expenditure of local funds within the
meaning of Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Chapter 10E is added to Title 26 of the Code
of Alabama 1975, to read as follows:
§26-10E-1 
This chapter shall be known as and may be cited as the
Alabama Minor Adoption Code.
§26-10E-2
For the purposes of this chapter, the following terms
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have the following meanings:
(1) ABANDONMENT. Any of the following:
a. The voluntary and intentional failure or refusal,
without good cause or excuse, to claim the rights of a parent.
b. The voluntary and intentional failure or refusal,
without good cause or excuse, to perform the duties of a
parent.
c. The voluntary and intentional relinquishment,
without good cause or excuse, of the custody of a minor by a
parent.
d. The voluntary and intentional withholding from the
minor by the parent, without good cause or excuse, of his or
her presence, care, love, protection, support, maintenance, or
display of filial affection.  
(2) ADOPTEE. The individual being adopted.
(3) ADOPTION. The judicial act of creating the legal
relationship of parent and minor which previously did not
legally exist. 
(4) ADULT. An individual who is 19 years of age or
older, who has reached the majority age in the state in which
he or she resides, or who is otherwise deemed an adult by
statute or by court order.
(5) CONSENT. Voluntarily agreeing to adoption.
(6) COURT REPRESENTATIVE. An individual appointed in an
adoption proceeding trained in law, health care, counseling,
social work, or other specialty, who is an officer, employee,
or special appointee of the court, and has no personal
interest in the proceeding.    
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(7) GRANDPARENT. The parent of a parent, whether the
relationship is created biologically or by adoption. 
(8) LEGAL FATHER. A male individual whose legal status
as the father of the adoptee has been established through
adoption, legitimation, adjudication, acknowledgment,
presumption, or operation of law under the laws of this or any
other state, and whose parental rights have not been
terminated.  
(9) LEGAL MOTHER. A female individual whose legal
status as the mother of the adoptee has been established
through adoption, legitimation, adjudication, acknowledgment,
presumption, or operation of law under the laws of this or any
other state, and whose parental rights have not been
terminated. 
(10) LICENSED CHILD PLACING AGENCY. Any adoption agency
that is licensed under the provisions of the Alabama Child
Care Act of 1971, Chapter 7 of Title 38, Code of Alabama 1975,
or any adoption agency approved by the State Department of
Human Resources. 
(11) MARRIED COUPLE. Two individuals who are currently
lawfully married in accordance with the laws of this state or
any other jurisdiction. 
(12) MINOR. An individual 18 years of age or younger or
an individual who is not an adult under the law in the
jurisdiction where he or she resides. 
(13) MINOR PARENT. An individual 18 years of age or
younger or an individual who is not an adult under the law in
the jurisdiction where he or she resides who is the biological
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or legal parent of the adoptee.  
(14) PARENT. The biological or legal mother or father
of the adopted minor.
(15) PARTY. Any individual who appears before the court
for the purposes of petitioning for adoption, consenting to an
adoption, withdrawing a consent to adoption, contesting an
adoption, securing grandparent visitation rights to an
adoptee, or setting aside all or part of a final judgment of
adoption, or any other person deemed to be a party by the
court. This term does not include the adoptee.
(16) PUTATIVE FATHER. The alleged or reputed biological
father of the adoptee, unless the issue of paternity has been
resolved adversely to that individual by final judgment of a
court of competent jurisdiction.
(17) RELINQUISHMENT. Giving up the legal and physical
custody of a minor to a licensed child placing agency or the
Department of Human Resources for the sole purpose of
placement for adoption.
(18) SPOUSE. The individual who is lawfully married to
the petitioner or the legal father or the legal mother at the
time of the adoption proceedings. 
(19) STEPPARENT. An individual who is the spouse or
surviving spouse of a legal mother or legal father of a minor,
but who is not a legal parent of the minor and who is not a
former spouse by reason of divorce or annulment of the
marriage. 
§26-10E-3
(a) The probate court shall have original jurisdiction
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over cases brought pursuant to this chapter. No other court of
this state shall have jurisdiction over a case brought under
this chapter unless the case, or part of the case, has been
transferred from the probate court to the other court in
accordance with this section.
(b) If any parent whose consent is required fails to
consent or is unable to consent to the adoption of a minor,
upon a motion of a party, the case shall be transferred from
the probate court to the appropriate juvenile court for the
limited purpose of considering the termination of the parental
rights of the non-consenting parent. Upon entry of a final
judgment adjudicating the claim for termination of parental
rights, the juvenile court shall return the case to the
probate court for further dispositional proceedings. The
dispositional proceedings shall be stayed pending any appeal
of the final judgment of the juvenile court.
(c) If, at any time during the pendency of a case under
this chapter concerning the adoption of a minor, an action is
pending in a circuit court or a juvenile court of this state
concerning the custody or parentage of the minor, any party to
the case, or the probate court on its own motion, may move to
stay the case or to transfer the case to the circuit court or
the juvenile court in which the other action is pending. Upon
transfer, the transferee court shall have jurisdiction to
decide all matters relating to the adoption and to enter a
final judgment resolving the adoption case. After entry of the
final judgment by the transferee court, the probate court
shall have limited jurisdiction over the case to assure
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compliance with Sections 26-10E-30 and 26-10E-31.
(d) On motion of either party or of the probate court,
a contest of an adoption under Section 26-10E-23 that is
pending in a probate court shall be transferred to the
juvenile court for the limited purpose of adjudicating the
contest. After entry of a final judgment adjudicating the
contest, the juvenile court shall return the case to the
probate court for further dispositional proceedings, which
dispositional proceedings shall be stayed pending any appeal
of the final judgment.
(e) The provisions of this chapter shall remain
applicable to any case transferred to a juvenile court or a
circuit court pursuant to this section.
(f) Once an adoption proceeding in the juvenile court
has been completed, a copy of all the juvenile court records,
including filings and documents originally sent by the probate
court upon transfer to the juvenile court shall be forwarded
to the original probate court. All other filings and documents
that are retained by the juvenile court pertaining to the
adoption proceeding shall be sealed, kept as a permanent
record of the court, and withheld from inspection except as
otherwise ordered by the court for good cause shown.
(g) Notwithstanding any law regarding the
confidentiality of records and court proceedings involving a
minor or adoptee, a court may communicate with another court
of this state, another state, or another country in the same
manner as provided in Section 30-3B-110, and a court may share
records with another court of this state, another state, or
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another country for the limited purposes of determining any
jurisdictional issues regarding a case involving the adoption
of an adoptee pursuant to this chapter.
§26-10E-3.1
Jurisdiction over a child custody case involving an
adoptee is governed by the Uniform Child Custody Jurisdiction
and Enforcement Act, commencing with Section 30-3B-101.
§26-10E-4
(a) A petition for adoption may be filed in the probate
court in any of the following counties:
(1) The county in which the adoptee is born, resides,
or has a legal domicile.
(2) The county in which a petitioner resides or is in
military service.
(3) The county in which an office of any agency or
institution operating under the laws of this state having
guardianship or custody of an adoptee is located.
(b) Notwithstanding subsection (a), a petition for
adoption may be filed in the probate court in another county
if any of the following apply:
(1) The petitioner shows good cause on the record as to
why the probate court selected should exercise venue over the
adoption case.
(2) No party objects to the probate court selected
within 30 days of service of the petition.
(3) The probate court selected determines in writing
that it is in the best interests of the adoptee for the
probate court to exercise venue over the adoption case.
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§26-10E-5
(a) An unmarried individual or a married couple may
petition to adopt a minor. 
(b) An unmarried couple may not adopt a minor. 
(c) A group of more than two persons may not adopt a
minor.
(d) If a petitioner is married, the petition for
adoption shall be filed jointly by both spouses; provided,
however, that when the minor is a stepchild of the party
seeking to adopt, the petition shall be filed in the name of
the stepparent alone.
(e) Each petitioner seeking to adopt a minor must be
all of the following:
(1) An adult.
(2) At least 10 years older than the adoptee, unless
either of the following are true:
a. The petitioner is a stepparent or relative and files
for adoption pursuant to Sections 26-10E-27 or 26-10E-28.
b. The probate court finds, based on evidence in the
record, that the adoption is in the best interests of the
adoptee.
(3) A bona fide resident of this state at the filing of
the petition for adoption or a bona fide resident of the
receiving state when the adoptee was born in this state and
was placed in compliance with Sections 38-7-15 and 44-2-20
relating to the Interstate Compact on the Placement of
Children.
(f) No rule or regulation of any state department shall
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prevent an adoption by a petitioner solely because the
petitioner is employed outside the home. The Department of
Human Resources may require the petitioner to remain in the
home with an adoptee for a reasonable period of time, not to
exceed 60 calendar days, when the department determines that
the adoptee requires the presence of the petitioner to ensure
his or her adjustment. 
(g) No rule or regulation of any state department shall
prevent an adoption by an unmarried petitioner solely because
the petitioner is unmarried. No rule or regulation of any
state department shall prevent an adoption solely because the
petitioner is of a certain age, except as provided in
subsection (e).
(h) The Department of Human Resources shall provide by
rule the process through which an individual seeking to
participate in foster care or adoption may apply for an
exemption from any vaccination requirement for religious or
other appropriate reason for himself, herself, or any other
individual in his or her household.
§26-10E-6
Any minor who is available for adoption may be adopted
under this chapter.
§26-10E-7
(a) Consent to the petitioner's adoption or
relinquishment for adoption to the Department of Human
Resources or a licensed child placing agency shall be required
by all of the following:
(1) The adoptee, if 14 years of age or older, except
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when the court finds that the adoptee does not have the mental
capacity to give consent.
(2) The adoptee's legal mother or mothers.
(3) The adoptee's legal father or fathers.
(4) If the adoptee has no legal father, the putative
father if made known by the mother or is otherwise made known
to the court, provided he complies with Section 26-10C-1 and
responds within 30 days to the notice received under Section
26-10E-17(a).
(5) Any legal custodian or legal guardian of the
adoptee if both parents are dead or presumed dead, if the
rights of the parents have been terminated by judicial
proceedings, or if the consent of both parents is otherwise
not required pursuant to Section 26-10E-10, and if any legal
custodian or legal guardian has authority by order of the
court to consent to the adoption except that the court may
grant the adoption without the consent of that legal custodian
or legal guardian if the court determines that such consent
was unreasonably withheld.
(6) The Department of Human Resources, if the minor has
been relinquished to it for the purposes of adoption or it
otherwise holds temporary or permanent custody of the minor,
except that the court may grant the adoption without the
consent of the department if the adoption is in the best
interests of the adoptee and there is a finding by the court
the department has unreasonably withheld its consent.
(7) The licensed child placing agency to which the
child has been relinquished for adoption, except that the
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court may grant the adoption without the consent of the agency
if the adoption is in the best interests of the adoptee and
there is a finding by the court the agency has unreasonably
withheld its consent.
(b) The Director of the Department of Human Resources
or the designee of the director and the executive head of a
licensed child placing agency may appoint an employee of the
department or agency to give or to deny consent for adoption
of adoptee.
(c) Notwithstanding any law to the contrary, a court
having jurisdiction over a case under this chapter shall have
the power to determine the biological or legal parentage of a
minor to ascertain whose consent shall be required or to
adjudicate any other claim or issue in the case.
§26-10E-8
(a) Prior to a minor parent's giving express consent to
an adoption or executing a relinquishment for adoption, a
guardian ad litem must be appointed to represent the interests
of the minor parent whose consent is required. Any minor
parent, 14 years of age and older, may nominate a guardian ad
litem either prior to the birth of the adoptee or thereafter.
(b) A minor parent may give his or her implied consent
to an adoption in the same manner as an adult parent under
Section 26-10E-9. If a court finds by clear and convincing
evidence that a minor parent has given implied consent to the
adoption, notice and the appointment of a guardian ad litem
shall not be necessary. The implied consent of a minor parent
may not be withdrawn.
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(c) The express or implied consent of, or
relinquishment by, a minor parent shall not be subject to
revocation by reason of such minority.
§26-10E-9
(a) A rebuttable presumption that a parent has
impliedly consented to the adoption or the relinquishment for
adoption of an adoptee arises when clear and convincing
evidence shows any of the following:
(1) Abandonment of the adoptee by the parent during the
four months immediately preceding the date of the filing of
the petition for adoption.
(2) Abandonment by the legal father or putative father
of the biological mother by failing to offer to the biological
mother financial or emotional support, or both, during the
four months immediately preceding the birth of the adoptee
despite knowing or having reason to know of the pregnancy.
(3) The parent, without good cause of excuse, left the
adoptee without provision for his or her identification for a
period of 30 days.
(4) The parent voluntarily and knowingly, without good
cause or excuse, left the adoptee with another person without
personally providing support for, initiating communication
with, or otherwise maintaining a substantial relationship with
the adoptee for the four consecutive months immediately
preceding the date of the filing of the petition.
(b) A rebuttable presumption that any individual or
agency whose consent is required has impliedly consented to
the adoption, or the relinquishment for adoption, of an
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adoptee arises when clear and convincing evidence shows that
the individual or agency has received notification of the
pendency of the adoption proceedings pursuant to Section
26-10E-17 and has failed to answer or otherwise respond to the
petition within 30 days.
(c) Implied consent under subsections (a) or (b) may
not be withdrawn by any person.
(d) A putative father who fails to file a notice of
intent to claim paternity of an adoptee pursuant to Section
26-10C-1 prior to or within 30 days of the birth of the
adoptee shall be deemed to have given irrevocable implied
consent to, or relinquishment for, the adoption of the
adoptee.
(e) At any time before the birth of the adoptee, a
licensed child placing agency, an attorney representing the
legal mother, or an attorney representing the prospective
adoptive parents may serve a putative father with notice
consistent with Section 26-10E-17 that the legal mother is
considering an adoptive placement of the unborn child in a
form to be developed by the Administrative Office of Courts
and the Alabama Law Institute. The notice shall not obligate
the legal mother to place the child for adoption. A putative
father intending to contest the adoption shall have 30 days
from the date of service of the notice to file an action to
establish his paternity of the unborn child under Section
26-17-611 and to register with the putative father registry
pursuant to Section 26-10C-1. If the notified putative father
fails to file this action and register with the putative
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father registry, his failure shall be deemed an irrevocable
implied consent to the adoption of the child.
§26-10E-10
Notwithstanding the provisions of Section 26-10E-7, the
consent of the following persons shall not be required for an
adoption or relinquishment for adoption:
(1) A parent of the adoptee whose rights with reference
to the adoptee have been terminated by a final judgment of a
court of this or any other state.
(2) A parent of the adoptee who has been adjudged
incompetent or incapacitated pursuant to law or a parent whom
the court finds to be mentally incapable of consenting or
relinquishing and whose mental disability is likely to
continue for so long a period that it would be detrimental to
the adoptee to delay adoption until restoration of the
parent's competency or capacity. The court must appoint
independent counsel or a guardian ad litem for an incompetent
or incapacitated parent for whom there has been no such prior
appointment.
(3) A parent of an adoptee who has voluntarily
relinquished the adoptee to the Department of Human Resources,
a similar agency of another state, or a licensed child placing
agency for an adoption, unless this relinquishment has been
withdrawn in accordance with this chapter or the law of the
state in which the relinquishment was made.
(4) A deceased parent of the adoptee or a parent of the
adoptee who is presumed to be deceased under this or any other
state's law.
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(5) A putative father of the adoptee who has signed a
written statement denying paternity.
(6) A putative father of the adoptee when the mother
swears in an affidavit pursuant to Section 26-10E-16(c) that
the putative father is unknown, unless the putative father is
otherwise made known to the court.
(7) A putative father of the adoptee who fails to prove
his paternity of the adoptee.
(8) A legal father or putative father when clear and
convincing evidence is presented to the court that the adoptee
was conceived by rape, incest, or sexual assault committed by
the legal father or putative father, whose crimes are defined
by the laws of this state or, if the crime occurred not in
this state, the jurisdiction in which the crime occurred.
(9) A parent of the adoptee who has been convicted of
child abuse or other felonious acts against the adoptee as
defined by the laws of this state or, if the crime occurred
not in this state, the jurisdiction in which the crime
occurred. 
§26-10E-11
An express consent or relinquishment shall be in
writing, signed by the individual consenting or relinquishing,
and shall state all of the following:
(1) The date, place, and time of execution.
(2) The date of birth or, if prior to birth, the
expected date of birth of the adoptee and any names by which
the adoptee has been known.
(3) The relationship and date of birth of the person
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consenting or relinquishing to the adoptee.
(4) If the right to know the identity of each
petitioner has not been waived, the legal name of each
petitioner, unless the document is a relinquishment of the
adoptee to an agency.
(5) That the individual executing the document is
voluntarily and unequivocally consenting to the adoption of
the adoptee. If the individual executing the document consents
to the adoption of the adoptee by only a designated individual
or married couple, the express consent shall specify that the
consent applies only to that individual or married couple, as
identified by his, her, or their legal names and that the
express consent shall not be construed to apply to any other
individual seeking to adopt the adoptee. 
(6) That by signing the document, the individual
executing the document understands that, except as otherwise
provided in this chapter, upon the entry of the final judgment
of adoption, he or she forfeits all rights and obligations to
the adoptee and that he or she understands the express consent
or relinquishment and executes it freely and voluntarily. 
(7) That the individual signing the document has been
advised and understands that his or her express consent or
relinquishment may be withdrawn only in the manner, and within
the time periods, as provided in Sections 26-10E-13 and
26-10E-14, and that the adoption may not be collaterally
attacked after the entry of the final judgment of adoption,
except as authorized in this chapter.
(8) That the individual signing the document
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understands that the express consent may become irrevocable,
and that the individual should not execute it if he or she
needs or desires psychological or legal advice, guidance, or
counseling.
(9) The address of the court in which the petition for
adoption has been or will be filed, if known, and if not
known, the name and address of the agency, any petitioner, or
the attorney of any petitioner on whom notice of the
withdrawal or relinquishment of express consent may be served.
(10) In the case of relinquishment, the name and
address of the agency to which the adoptee has been
relinquished.
(11) That the individual executing the document has
received or has been offered a copy of the express consent or
relinquishment and withdrawal form.
(12) That the individual executing a relinquishment
waives further notice of the adoption proceeding.
(13) That the individual executing an express consent
waives further notice of the adoption proceedings unless there
is a contest or appeal of the adoption proceeding.
§26-10E-12
(a) An express consent of the biological mother taken
prior to the birth of an adoptee shall be signed or confirmed
before a judge of probate. At the time of taking the express
consent, the judge shall explain to the consenting parent the
legal effect of signing the document and the time limits and
procedures for withdrawal of the express consent and shall
provide the consenting parent with two copies of the form for
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withdrawing the express consent in accordance with the
requirements of Sections 26-10E-13 and 26-10E-14.
(b) Except as provided in subsection (a), all other
pre-birth or post-birth express consents or relinquishments
regarding the adoptee shall be signed or confirmed before any
of the following:
(1) A judge or clerk of any court that has jurisdiction
over adoption proceedings or a public officer appointed by the
judge for the purpose of taking express consents.
(2) An individual appointed to take express consents
who is appointed by any agency that is authorized to conduct
investigations or home studies provided by Section 26-10E-19,
or, if the express consent is taken out of state, by an
individual appointed to take consents by any agency that is
authorized by that state's law to conduct investigations and
home studies for adoptions.
(3) A notary public.
(c) The Administrative Office of Courts, in
collaboration with the Alabama Law Institute, a division of
the Legislative Services Agency, shall prepare the forms
necessary to meet the requirements of this chapter.
§26-10E-13
(a) All existing express consents or relinquishments
required by this chapter shall be filed with the probate court
along with the petition. Any other express consents or
relinquishments required by this chapter and acquired while
the petition for adoption is pending shall be filed with the
court overseeing the adoption before the final judgment of
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adoption is entered.
(b) An express consent or relinquishment may be taken
at any time, except that, once signed or confirmed, may be
withdrawn for any reason within five business days after the
birth of the adoptee or within five business days after the
signing of the express consent or relinquishment, whichever
comes last.
§26-10E-14
(a) The consent or relinquishment, once signed or
confirmed, may not be withdrawn except in one of the following
circumstances:
(1) As provided in Section 26-10E-13.
(2) When, at any time before entry of the final
judgment of adoption, the court determines that the express
consent or relinquishment was obtained by fraud, duress,
mistake, or undue influence on the part of, or on behalf of,
the petitioner; provided, however, that, after one year from
the date of entry of the final judgment of adoption and after
all appeals, if any, an express consent or relinquishment may
not be challenged on any ground, except in cases of fraud or
cases in which the adoptee has been kidnapped.
(3) Upon denial of a petition for adoption after a
contested case under Section 26-10E-24. 
(b) The withdrawal of express consent or relinquishment
as provided in Section 26-10E-13(b) shall become effective by
the affiant's signing and dating the withdrawal form provided
pursuant to Section 26-10E-12, or by filing the withdrawal
form within five business days of the child's birth or within
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five business days of signing the express consent or
relinquishment, whichever comes last.
(c) The petition to withdraw express consent or
relinquishment must be in writing, executed by the individual
seeking to withdraw the express consent or relinquishment,
dated, and signed by two witnesses or a notary public. 
(d) In adjudicating a petition to withdraw an express
consent or relinquishment, the court shall require that the
individual seeking to withdraw the express consent or
relinquishment shall establish the facts necessary to withdraw
the express consent or relinquishment by a preponderance of
the evidence. 
(e) If the court directs that the express consent or
relinquishment be withdrawn, the court shall order the child
restored to the custody of his or her parent or parents, the
county Department of Human Resources, or a licensed child
placing agency, as the case may be; otherwise, the court shall
deny the withdrawal and declare that the express consent or
relinquishment is final and binding. Any order made by the
court upon a petition to withdraw express consent or
relinquishment under this section shall be deemed a final
judgment for the purpose of filing an appeal under Section
26-10E-25.
§26-10E-15
(a) No health facility shall surrender the physical
custody of an adoptee to any individual or entity other than
the county Department of Human Resources (the department), a
licensed child placing agency, parent, relative by blood or
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marriage, or individual having legal custody, unless this
surrender is authorized in a writing executed after the birth
of the adoptee by one of the adoptee's parents, the agency, or
the individual having legal custody of the adoptee.
(b) A health facility shall report to the county
Department of Human Resources, on forms supplied by the
department, the name and address of any individual and, in the
case of an individual acting as an agent for an organization,
the name and address of the organization to whose physical
custody an adoptee is surrendered. This report shall be
transmitted to the department within 48 hours from the
surrendering of custody.
§26-10E-16
(a) A petition for adoption of an adoptee shall bear
the caption "In the Matter of the Adoption Petition of [each
named petitioner.]" The completed petition shall be signed and
verified by each petitioner and shall set forth each of the
following:
(1) The full name, date of birth, place of residence,
and relationship to the adoptee of each petitioner, and, if
the petitioners are married, the place and date of their
marriage.
(2) The date and place of birth of the adoptee, if
known.
(3) The birth name of the adoptee, any other names by
which the adoptee has been known, and the name by which the
adoptee shall be known.
(4) That the physical custody of the adoptee has been
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placed with the petitioner or petitioners for the purpose of
adoption and that the adoptee has been residing with the
petitioner or petitioners since a specified date, or a
statement of good cause as to why placement and physical
custody is not required or should be excused or waived.
(5) That the petitioner or petitioners desire to
establish a parent and child relationship between himself or
herself and the adoptee and that he or she is a fit and proper
individual able to care for and provide for the adoptee's
welfare.
(6) The existence and nature of any prior or pending
judicial proceedings known to the petitioner or petitioners
that affect the custody, visitation with, or parentage of, the
adoptee.
(7) The name and address of the licensed child placing
agency, if any.
(8) The names and addresses of all individuals or
agencies known to the petitioner or petitioners at the time of
filing from whom consents or relinquishments to the adoption
are required and whether the individuals or agencies have
given express or implied consent to the adoption.
(9) The names and addresses of all other individuals or
agencies known to the petitioner or petitioners who are
entitled to notice of the adoption proceedings under Section
26-10E-17.
(b) The petitioner or petitioners shall attach each of
the following to the petition:
(1) A government-issued document bearing photographic
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identification of each petitioner.
(2) If the petitioners are married, a certified
document establishing proof of marriage or an affidavit of
their common law marriage.
(3) A certified copy of the adoptee's birth certificate
issued within six months of the date of the filing of the
petition or an affidavit stating that application for the
birth certificate has been made.
(4) Any written authorization allowing the adoptee to
be placed in the home of the petitioner or petitioners.
(5) A copy of any court orders affecting the custody,
visitation with, or parentage of, the adoptee accessible to
the petitioner or petitioners.
(6) Any and all existing express consents and
relinquishments upon which the petitioner or petitioners rely
for the adoption.
(7) If a pre-placement investigation is required under
this chapter, a copy of the pre-placement investigation
report.
(8) An accounting of all anticipated costs and expenses
for the adoption.
(c) In the case of an unknown father, a verified
affidavit signed by the biological mother, under penalty of
perjury, setting forth the following information shall be
attached to the petition, unless the whereabouts of the mother
are unknown, she is deceased, or the parental rights of the
mother have been previously terminated as to the adoptee:
(1) Whether the mother was married at the probable time
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of conception of the adoptee, or at a later time, and if so,
the identity and last known address of her husband.
(2) Whether the mother was cohabitating with a man at
the probable time of conception of the adoptee, and, if so,
the identity of the man, his last known address, and why the
mother contends the man is not the legal father or putative
father of the adoptee.
(3) Whether the mother has received payments or promise
of support from any man with respect to the adoptee or her
pregnancy, and, if so, the identity of the man, his last known
address, and why the mother contends the man is not the legal
father or putative father of the adoptee.
(4) Whether the mother has named any man as the father
on the birth certificate of the adoptee or in connection with
applying for or receiving public assistance, and if so, the
identity of the man, his last known address, and why the
mother contends the man is not the legal father or putative
father of the adoptee.
(5) Whether the mother identified any man as the legal
father or putative father of the adoptee to any hospital
personnel, and, if so, the identity of the man, his last known
address, the name and address of the hospital, and why the
mother contends the man is not the legal father or putative
father of the adoptee.
(6) Whether the mother has informed any man that he may
be the legal father or putative father of the adoptee, and, if
so, the identity of the man, his last known address, and why
the mother contends the man is not the legal father or
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putative father of the adoptee.
(7) Whether any man has formally or informally
acknowledged or claimed paternity of the adoptee in any
jurisdiction at the time of the inquiry, and if so, the
identity of the man, his last known address, and why the
mother contends the man is not the legal father or putative
father of the adoptee.
(8) That the mother has been informed that her
statement concerning the identity of the legal father or
putative father will be used only for the limited purpose of
adoption and, once the adoption is complete, that such
identity will be sealed.
(9) That the mother acknowledges she is aware of the
remedies available to her for protection from abuse pursuant
to Alabama law, commencing with Section 30-5-1.
(d) The petition, the various documents attached
thereto as required by this section, or an appendix signed by
counsel or other credible individuals shall fully disclose all
that is known about the biological parentage of the adoptee.
(e) Except in cases governed by Section 26-10E-26 or
Section 26-10E-27, the petition for adoption shall be filed
with the clerk of the probate court within 60 days after the
adoptee is physically placed with the petitioner or
petitioners for purposes of adoption unless the adoptee is in
the custody of the Department of Human Resources, a licensed
child placing agency, or is currently receiving care in a
medical facility, except that, for good cause shown, a
petition may be filed beyond the 60-day period. In cases
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governed by Sections 26-10E-26 or 26-10E-27, the petition may
be filed at any time.
§26-10E-17
(a) Unless notice has been previously waived as
provided in subsection (d), notice of pendency of an adoption
proceeding shall be served by the petitioner on each of the
following:
(1) Any individual, agency, or institution whose
consent or relinquishment is required.
(2) The legal father of the adoptee. 
(3) The putative father of the adoptee, if made known
to the court, provided the putative father has complied with
Section 26-10C-1.
(4) The legal custodian or guardian of the adoptee.
(5) The spouse of a petitioner who is a stepparent
unless express consent is attached to the petition.
(6) A grandparent of the adoptee if the grandparent's
child is a deceased parent of the adoptee and, before his or
her death, the deceased parent had not executed an express
consent or relinquishment or the deceased parent's parental
relationship to the adoptee had not been otherwise terminated.
(7) Any person known to the petitioner or petitioners
as currently having physical custody of the adoptee or having
visitation rights with the adoptee under an existing court
order.
(8) The agency or individual authorized to investigate
the adoption under Section 26-10E-19.
(9) The Alabama Department of Human Resources.
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(10) If the adoptee is in foster care, the director of
the county Department of Human Resources with legal custody of
the adoptee.
(11) Any other person designated by the court. 
(b) The notice shall contain all of the following
information:
(1) That a petition for adoption of the adoptee has
been filed in the probate court.
(2) That the notified party may appear in the adoption
proceeding to contest or to support the petition.
(3) That the notified party has 30 days from the time
of proper service of the notice to respond to the notice.
(4) That, if the notified party fails to respond within
30 days of proper service, the court may construe that failure
as an implied consent to the adoption and as a waiver of a
right to appear and of further notice of the adoption
proceedings.
(5) That, if the adoption is approved, the parental
rights of the notified party, if any, will be considered
terminated.
(c) Service of the notice shall be made in the
following manner:
(1) Service of process shall be made in accordance with
the Alabama Rules of Civil Procedure unless otherwise provided
herein. Service on the parties designated in subdivisions
(a)(8), (a)(9), and (a)(10) shall be by certified mail. As to
any other individual, agency, or institution for whom notice
is required under subsection (a), service by certified mail,
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return receipt requested, shall be sufficient. If this service
cannot be completed after two attempts, upon motion and
affidavit, the court shall issue an order providing for one of
the following:
a. Service by publication. 
b. Posting notice in the courthouse of the court
exercising jurisdiction over the adoption proceedings and in
the courthouse of the probate court of the county of the
biological parents' last known address.
c. Any other substituted service as determined by the
court.
(d) Service by publication shall be made in the county
of the last known address of the mother and the legal or
putative father unless no newspaper of general circulation
exists in the county, in which case service by publication
shall be made in a newspaper with general circulation in that
county.
(e) The notice required by this section may be waived
in writing by the person entitled to receive notice. A party
listed in subdivisions (a)(8), (a)(9), and (a)(10) may appoint
an employee to waive notice on its behalf.
(f) Proof of service of the notice on all persons for
whom notice is required by this section must be filed with the
court before the adjudicatory hearing of a contested case
provided for in Section 26-10E-23.
§26-10E-18
(a) Once a petitioner or petitioners has received an
adoptee into his or her home for the purposes of adoption and
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a petition for adoption has been filed, an interlocutory order
may be entered delegating to the petitioner or petitioners
both of the following:
(1) Physical custody, except legal custody shall be
retained by the county Department of Human Resources or the
licensed child placing agency which held legal custody at the
time of the placement until the entry of final judgment of
adoption.
(2) The responsibility for the care, maintenance, and
support of the adoptee, including any necessary medical or
surgical treatment, pending further order of the court. 
(b) This interlocutory order shall not stop the running
of the time periods proscribed in Section 26-10E-9. 
§26-10E-19
(a) A pre-placement investigation shall be completed to
determine the suitability of each petitioner and the home in
which the adoptee will be placed. The pre-placement
investigation shall include a criminal background
investigation and any other circumstances which might be
relevant to the placement of an adoptee with the petitioner or
petitioners. The investigation must include, but is not
limited to, all the following:
(1) Letters of suitability for each adult living in the
home of the petitioner or petitioners based on the information
available in this state or the petitioner's place of residence
if other than this state. For the purposes of this section,
the term "letters of suitability" refers to the Federal Bureau
of Investigation and the State Bureau of Investigation
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clearances.
(2) Child abuse and neglect clearances pursuant to the
Adam Walsh Act, Public Law 109-248, for all household members
14 years of age and older from any state in which any
petitioner has resided for five years or more.
(3) The anticipated costs and expenses related to the
adoption.
(4) Any agency and social worker licenses.
(5) Six reference letters, four unrelated to the
petitioner or petitioners by blood or marriage and two related
to the petitioner or petitioners by blood or marriage. If
there are two petitioners, one related reference letter shall
be written by a member of each petitioner's family.
(6) Medical reports on all individuals living in the
home, and letters from any prescribing doctors for any
controlled substance prescriptions.
(7) The financial worksheets for each petitioner for
the previous tax year or a copy of the previous year's tax
returns.
(8) Copies of each petitioner's birth certificates and
marriage licenses.
(9) Copies of current pet vaccinations.
(10) Copies of any divorce decrees, if applicable.
(11) Copies of any death certificates, if applicable.
(12) Verification of who will do supervisory visits, if
applicable.
(13) A written biography of each petitioner, including
medical and social history.
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(14) A home safety inspection indicating that the home
of the petitioner or petitioners is safe for the adoptee's
residency.
(15) Any other requirement pursuant to Title 660 of the
Alabama Administrative Code or any other rule adopted by the
Department of Human Resources.
(b) An individual or married couple may initiate a
pre-placement investigation by request through either of the
following individuals:
(1) Anyone authorized in the jurisdiction in which the
petitioner or petitioners reside.
(2) Anyone approved by the probate court under the
qualifications of subsection (f) to perform the pre-placement
investigation. 
(c) Notwithstanding subdivision (b)(1), the court on
its own motion may order the pre-placement investigation be
performed by an agency or individual other than the agency
placing the adoptee.
(d) Upon completion of the pre-placement investigation,
a copy of the pre-placement investigative report shall be sent
to the petitioner or petitioners. The pre-placement
investigative report is to be filed with the court at the time
of the filing of the petition for adoption unless the court
grants leave to file the report after the filing of the
petition for good cause shown on the record. The pre-placement
investigation must be performed within 12 months of the filing
of the petition for adoption.
(e) No judgment for the adoption of any adoptee shall
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be entered until a full post-placement investigative report
has been completed and filed with the court concerning all of
the following:
(1) Why the biological parents or legal parents, if
living, desire to be relieved of the care, support, and
guardianship of the adoptee.
(2) Whether the biological parents or legal parents
have abandoned the adoptee or are otherwise unsuited to have
custody of the adoptee.
(3) Any orders, judgments, or decrees affecting the
custody of the adoptee or any children of any petitioner as
can be determined by a due diligence search.
(4) Any property owned by the adoptee.
(5) The updated medical and mental health histories of
the adoptee. These documents shall also be provided to the
petitioner or petitioners in writing before the final decree
is entered.
(6) The updated medical and mental health histories of
the adoptee's biological parents.
(7) Any other circumstances which may be relevant to
the placement of the adoptee with the petitioner or
petitioners.
(8) The updated letters of suitability, the updated
Child Abuse and Neglect Clearances, updated criminal records
from the county in which the petitioner or petitioners have
resided for the two years prior to the finalization of the
adoption, and updated results from the National Sex Offender
Public Registry.
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(9) If applicable to the adoption, the court shall
ensure compliance with the Interstate Compact for the
Placement of Children, codified as Section 44-2-20. Proof of
compliance is determined by the authorized signatures of the
sending and receiving states on the Interstate Compact on the
Placement of Children Request Form.
(f) The required pre-placement and post-placement
investigations must be performed by one of the following:
(1) The Department of Human Resources.
(2) A licensed child placing agency.
(3) A social worker licensed by the State Board of
Social Work Examiners who is also certified by the State Board
of Social Work Examiners for private independent practice in
the social casework specialty, as provided in Section 34-30-3.
(g) Notwithstanding subdivision (f), the court on its
own motion may order the post-placement investigation be
performed by an agency or individual other than the agency
placing the adoptee when the court has cause to believe the
post-placement investigation is insufficient.
(h) In every adoption proceeding, after a child has
been placed in the home of the petitioner or petitioners, the
post-placement investigator must observe the adoptee and
interview each petitioner in his or her home as soon as
possible after notice of the placement but within 45 days
after the placement.
(i) The investigator shall complete and file the
pre-placement written investigative report with the court
within 60 days from receipt of notice of the proceeding and
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shall deliver a copy of the pre-placement investigative report
to each petitioner's attorney or to each petitioner appearing
pro se. The pre-placement investigative report shall include a
verification of all allegations of the petition. The
pre-placement investigative report shall include sufficient
facts for the court to determine whether there has been
compliance with consent or relinquishment provisions of this
chapter. The post-placement investigative report shall include
all the information enumerated within subdivisions (a)(1)
through (a)(10) that was not obtained in the pre-placement
investigation required under subsection (a). The
post-placement investigative report shall be submitted in a
form developed by the Department of Human Resources in
conjunction with the Alabama Probate Judges Association and
the Alabama Law Institute.
(j) Upon a showing of good cause and after notice to
the petitioners, the court may grant extensions of time to the
investigator to file an investigative report. Notwithstanding
this extension of time, the pre-placement and post-placement
investigative reports must be filed prior to the entry of the
final judgment.
(k) Notwithstanding this section, no investigations
shall be required for those adoptions under Sections 26-10E-26
and 26-10E-27 unless ordered by the court or otherwise
required by Article 8 of Section 44-2-20.
(l) When an investigation has been conducted, the
investigatory report shall not be conclusive but may be
considered along with other evidence.
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(m) The court may, in its discretion, order the
appointment of a court representative to investigate and
evaluate any matters relating to adoption, including the best
interests of the adoptee. 
§26-10E-20
After the petitioner or petitioners have received the
adoptee into his, her, or their home, the adoptee shall not be
removed from the county in which the petitioner or petitioners
reside until the final judgment has been entered for a period
of longer than 15 consecutive days, unless notice is given to
the investigative agency or individual.
§26-10E-21
(a) In making adoption arrangements, potential adoptive
parents and biological parents may obtain counsel to provide
legal advice and assistance.
(b) When required by this chapter, the court may
appoint a guardian ad litem for the adoptee, any mentally
incapacitated person, or a minor. In cases in which a guardian
ad litem is not required by this chapter, upon a motion of a
party or on its own motion, the court may appoint a guardian
ad litem for good cause shown.
(c) The fees of the guardian ad litem shall be assessed
by the court and taxed as costs upon the conclusion of
services provided by the guardian ad litem; provided, however,
that in contested cases under Section 26-10E-23, the court
shall assess and award the guardian ad litem a fee at the time
of appointment based on the reasonable amount of fees expected
to be incurred. The fees shall be payable by the contestant
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and the petitioner proportionately as determined by the court,
subject to the authority of the court to revise the amount or
proportionate responsibility for the fees upon entry of the
final judgment adjudicating the contest.
(d) The court shall have the power to enforce any award
of fees to the guardian ad litem through contempt or other
enforcement proceedings.
§26-10E-22
(a) No individual, organization, group, agency, or any
legal entity may accept any fee whatsoever for bringing any
petitioner together with the adoptee or the parents of the
adoptee. 
(2) A violation of this section is a Class A
misdemeanor, except that a second or subsequent conviction is
a Class C felony.
(b)(1) The petitioner or petitioners may provide
payment for maternity-connected expenses, medical or hospital
expenses, and necessary living expenses of the mother
preceding and during pregnancy-related incapacity, provided
that the payment is not contingent upon the placement of the
minor child for adoption, consent to the adoption, or
cooperation in the completion of the adoption.
(2) Prior to any payment pursuant to this subsection,
the petitioner or petitioners must file with the court a full
accounting of all charges for expenses, fees, or services they
or individuals acting on their behalf will be paying relating
to the adoption. Payment may be made only with court approval
except that fees may be placed in an escrow account prior to
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court approval. The court may not refuse to approve a fee for
documented services on the sole basis that a prospective
adoptee has not been placed. The court shall approve all
reasonable fees and expenses unless determined by the court to
be unreasonable based upon specific written findings of fact.
(c) Unless otherwise provided in this chapter, the
petitioner or petitioners must also file a sworn statement
that is a full accounting of all disbursements paid in the
adoption. 
(d) Under penalty of perjury, the adoptive parents and
the parent or parents surrendering the adoptee for adoption,
prior to the entry of the final judgment of adoption, shall
sign affidavits stating that no monies or other things of
value have been paid or received in exchange for the consent
or relinquishment of the minor for adoption. In addition to
any penalties for perjury, the payment or receipt of money in
violation of this section shall be punished as set forth in
Section 26-10E-33.
§26-10E-23
(a) Upon the filing of a pleading or a motion by a
party contesting the adoption, or upon transfer of a contested
case pursuant to Section 26-10E-3, the court shall forthwith
set the matter for a contested hearing to determine each of
the following:
(1) Whether the best interests of the adoptee will be
served by the adoption. 
(2) Whether the adoptee is available for adoption by
each petitioner and whether each petitioner qualifies to adopt
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an adoptee within the requirements of this chapter.
(3) Whether all necessary express consent, implied
consent, or relinquishment to the adoption have been given
and, if so, are valid.
(4) Whether an express consent or relinquishment has
been or may be withdrawn.
(b) The court shall give at least 14 days of notice of
the contested hearing by United States mail to all parties who
have appeared before the court, unless notice has been waived
in writing. The party contesting the adoption and each
petitioner shall be present at the contested hearing. A
guardian ad litem shall appear and represent the interests of
the adoptee. Any contestant who is a mentally incapacitated
person or a minor shall also be represented by a guardian ad
litem in addition to any counsel retained by the contestant.
(c) The court may continue the hearing from time to
time to permit notice to all parties, or to permit further
discovery, observation, investigation, or consideration of any
fact or circumstance affecting the granting or denial of the
adoption petition. The court may order the investigator
appointed under Section 26-10E-19, or a court representative
to investigate allegations underlying the contest or the
whereabouts of any person entitled to notice of the
proceeding.
 (d) After hearing evidence at a contested hearing, the
court shall decide the contest as soon as practicable. If it
is determined by the court that the adoption petition should
be denied, the court shall either transfer the case to the
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appropriate juvenile court pursuant to Section 26-10E-3 for
the limited purpose of considering termination of parental
rights or it shall enter a final judgment denying the
adoption. Otherwise, the court shall enter a final judgment
denying the contest and, subject to any post judgment motions
and appellate proceedings, the probate court shall proceed as
provided in Section 26-10E-24. The entry of a final judgment
denying a contest terminates the status of the contestant as a
party to the adoption proceedings and terminates the
contestant's right to notice of further adoption proceedings.
(e) At the contested-case hearing, the court shall
consider any motion of the petitioner or petitioners to obtain
reimbursement for all reasonable medical and living expenses
incidental to the care and well-being of the adoptee for the
time the adoptee resided with the petitioner or petitioners.
If the adoption is denied, the probate court, unless just
cause is shown otherwise by the contestant, shall order such
reimbursement.
(f)(1) Following the entry of a final judgment denying
an adoption contest, the court shall enter a temporary custody
order determining each of the following: 
a. Whether it is in the best interests of the minor
child for the petitioner or petitioners to retain custody of
the minor child or for the minor child to be returned to the
person or agency with legal custody of the minor child prior
to the filing of the petition.
b. Whether a written report should be sent to the
county Department of Human Resources pursuant to Chapter 14 of
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Title 26 for a further determination concerning custody.
(2) The custody determination shall remain in effect
only until another court of competent jurisdiction enters a
custodial order regarding the minor child.  
(g) Upon denial of a contest, the court, unless just
cause is shown otherwise by the contestant, shall issue an
order for reimbursement to the petitioner or petitioners of
the legal costs incurred by each petitioner incidental to the
contest.
§26-10E-24
(a) Once the petition for adoption and any necessary
accompanying documentation has been filed, the court shall set
a dispositional hearing to take place as soon as practicable,
but no later than 120 days after the filing. Upon good cause
shown, the court may extend the time for the dispositional
hearing.
(b) At the dispositional hearing, the court shall
approve the adoption if it finds, based on clear and
convincing evidence, all of the following:
(1) The adoptee has been in the actual physical custody
of the petitioner or petitioners for a period of 60 days,
unless for good cause shown, this requirement is waived by the
court.
(2) All necessary consents, relinquishments,
terminations, or waivers have been obtained and, if
appropriate, filed with the court.
(3) All documentation required pursuant to Section
26-10E-19 has been filed with the court, unless excluded under
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Sections 26-10E-26 and 26-10E-27.
(4) Service of the notice of pendency of the adoption
proceeding has been made or dispensed with as to all persons
entitled to receive notice under Section 26-10E-17.
(5) All contests brought under Section 26-10E-23 have
been resolved in favor of the petitioner or petitioners.
(6) Each petitioner is a suitable adoptive parent and
desires to establish a parent and child relationship between
himself or herself and the adoptee.
(7) That the best interests of the adoptee are served
by the adoption.
(8) That each petitioner has been cleared through each
of the following background checks: 
a. The Adam Walsh Act, U.S. Public Law 109-248,
including each of the following:
1. State and federal criminal history.
2. Child abuse and neglect history.
3. Sex Offender Registry history.
b. Child support payment history.
(9) A sworn statement of full accounting of
disbursements pursuant to Section 26-10E-23, if applicable,
has been filed.
(10) All other requirements of this chapter have been
met.
(c) The court shall enter its finding in a written
final judgment of adoption, which shall also include the new
name of the adoptee after adoption and shall not include any
other name by which the adoptee has been known or any names of
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the former parent. The final judgment of adoption shall
further order that, from the date of the entry of judgment,
the adoptee shall be the child of the petitioner or
petitioners, and that the adoptee shall be accorded the status
set forth in Section 26-10E-28.
§26-10E-25
(a)(1) For the purposes of this chapter, a "final
judgment" is a judgment in which one of the following is true:
a. The court adjudicates whether an express consent or
relinquishment has been withdrawn pursuant to Section
26-10E-14.
b. The court adjudicates a contest to an adoption
pursuant to Section 26-10E-3 or Section 26-10E-23.
c. A juvenile court terminates the parental rights of a
parent to the adoptee pursuant to Section 26-10E-3 and Section
26-10E-23(d).
d. The court grants or denies the petition for
adoption.
(2) A final judgment under this chapter shall be
entered in accordance with Rule 58 of the Alabama Rules of
Civil Procedure.
(b) A party may file a post judgment motion challenging
any final judgment entered under this chapter. Any post
judgment motion must be filed within 14 days of the entry of
final judgment and no post judgment motion may remain pending
for more than 14 days, at which time it shall be deemed denied
by operation of law.
(c) A party may appeal any final judgment entered by a
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court under this chapter. An appeal may be made to the Alabama
Court of Civil Appeals by the proper filing of a notice of
appeal with the clerk of the court entering the final judgment
within 14 days of the entry of the final judgment, subject to
Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and
Rule 77(d) of the Alabama Rules of Civil Procedure.
(d) An appeal from any judgment of adoption entered
under this chapter shall have priority in all courts and shall
have precedence over all other matters, except for other
matters that have been given priority by specific statutory
provision or rule of court. All appeals shall comply with the
Alabama Rules of Appellate Procedure. 
(e) The court from which the appeal is taken shall
enter an order concerning the custody of the adoptee pending
appeal. Once the certificate of judgment has been issued by
the appellate court, the custody of the adoptee shall remain
subject to the custody determination made by the court unless
vacated or modified by the appellate court on appeal or unless
vacated or modified by the court that made the determination
or the court that assumed jurisdiction over the custody of the
adoptee pursuant to Section 26-10E-24.
(f) A final judgment of adoption may not be
collaterally attacked more than one year after the entry of
final judgment of adoption, except for in the following
situations:
(1) Fraud relating to the adoption proceedings.
(2) The adoptee has been kidnapped.
(3) An adoptive parent subsequent to the final judgment
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of adoption has been convicted of a sexual offense, as
provided in Section 15-20A-5, involving the adoptee.
§26-10E-26
A stepparent of the adoptee may petition for adoption
of an adoptee under this chapter, except that:
(1) Before the entry of the final judgment, the adoptee
must have resided for a period of one year with the stepparent
petitioner.
(2) An investigation shall be conducted to determine
the suitability of the stepparent petitioner and the home in
which the adoptee will reside, and the report of the
investigation, which shall include the information required by
subdivisions 26-10E-19(a)(1), (a)(2), and (a)(14), and which
may include other information required by Section 26-10E-19(a)
as directed by the court, shall be filed with the court no
later than within 30 days of the date of the filing of the
petition.
(3) No report of fees and charges under Section
26-10E-22 shall be made unless ordered by the court.
§26-10E-27
 Subject to Section 26-10E-5, a grandfather, a
grandmother, a great-grandfather, a great-grandmother, a
great-uncle, a great-aunt, a brother, a half-brother, a
sister, a half-sister, an aunt, or an uncle of the first
degree and their respective spouses, if any, may adopt a minor
grandchild, a minor great-grandchild, a minor great-niece, a
minor great-nephew, a minor brother, a minor half-brother, a
minor sister, a minor half-sister, a minor nephew, a minor
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niece, according to the provisions of this chapter, except
that:
(1) Before the final judgment of adoption is entered,
the adoptee must have resided for a period of one year with
the petitioner or petitioners.
(2) An investigation shall be conducted to determine
the suitability of each petitioner and the home in which the
adoptee will reside, and the report of the investigation,
which shall include the information required by subdivisions
26-10E-19(a)(1), (a)(2), and (a)(14), and which may include
other information required by Section 26-10E-19(a) as directed
by the court, shall be filed with the court no later than 30
days of the date of the filing of the petition.
(3) No report of fees and charges under Section
26-10E-22 shall be made unless ordered by the court.
§26-10E-28
(a) The adoptee shall take the name designated by the
petitioner or petitioners; provided, however, that if the
adoptee is 14 years of age or older, the adoptee may elect to
retain his or her current legal name, unless the court
determines that the adoptee lacks the mental capacity to
consent. After entry of the final judgment of adoption, the
adoptee shall be treated as the legal child of the adoptive
parent or parents and shall have all rights and be subject to
all the duties arising from that relation, including the
rights of inheritance through the intestacy laws of the state
pursuant to Section 43-8-48.
(b) Upon the entry of the final judgment of adoption,
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the biological or legal parents of the adoptee, except for the
spouse of an adoptive stepparent, are relieved of all parental
rights and  responsibility for the adoptee and will have no
parental rights over the adoptee. Upon the final judgment of
adoption, the adoptee loses all rights of inheritance under
the laws of intestacy pursuant to Section 43-8-48, from or
through the biological or legal parents of the adoptee, except
for a biological or legal parent who is the spouse of the
adopting parent.
§26-10E-29
(a) A final judgment of adoption automatically vacates
any judgment or order providing a grandparent visitation with
an adoptee, unless the adoptee has been adopted pursuant to
Section 26-10E-26 or Section 26-10E-27.
(b) In an adoption case proceeding under Section
26-10E-26 or Section 26-10E-27, pre-adoption or post-adoption
grandparent visitation rights may be granted, maintained, or
modified by the court at any time before or after the final
judgment of adoption is entered if it is in the best interests
of the adoptee.
(c) In the case of a stepparent adoption under Section
26-10E-26, no grandparent visitation rights may be granted,
maintained, or modified over the objection of the spouse of
the adoptive stepparent absent compliance with Section
30-3-4.2. Otherwise, Section 30-3-4.2 shall not apply in a
case involving an adoptee but grandparent visitation rights
shall be determined based upon the best interests of the
adoptee.
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(d) An order or judgment regarding grandparent
visitation made in a case under this section may only be
vacated or modified by the court that entered the order or
judgment.
§26-10E-30
(a) The records in adoption proceedings shall be open
to inspection only to each petitioner or his or her attorney,
the investigator appointed under Section 26-10E-19, any
guardian ad litem appointed for the adoptee under Section
26-10E-21, and any attorney retained by or appointed to
represent the adoptee. These records shall be open to other
persons only upon order of court for good cause shown.
(b) All hearings in adoption proceedings shall be
confidential and shall be held in closed court without
admittance of any individual other than the parties and their
counsel, except with leave of court. 
(c) Upon entry of the final judgment of adoption, all
papers, pleadings, and other documents pertaining to the
adoption shall be sealed, kept as a permanent record of the
court, and withheld from inspection, except as otherwise
provided in this section and in Section 22-9A-12(c). No
individual shall have access to such records except upon order
of the court in which the final judgment of adoption was
entered for good cause shown, except as provided in Section
22-9A-12(c).
(d) When the court enters a final judgment of adoption,
all licensed agencies or individuals shall send a sealed
information summary sheet and the non-identifying information
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referred to in subsection (g) in a separate summary sheet to
the Department of Human Resources. All of the following
information shall be included: 
(1) The birth name and adoptive name of the adoptee.
(2) The date and place of birth of the adoptee, except
in the case of abandonment.
(3) The circumstances under which the adoptee came to
be placed for adoption.
(4) The physical and mental condition of the adoptee,
insofar as this can be determined by the aid of competent
medical authority.
(5) The name and last known address, dates of birth,
and Social Security numbers, if known, of the biological
parents of the adoptee.
(6) The age of the biological parents at the adoptee's
birth.
(7) The nationality, ethnic background, race, and
religious preference of the biological parents of the adoptee.
(8) The educational level of the biological parents of
the adoptee.
(9) Any pre-adoptive brother or sister relationships of
the adoptee.
(10) Whether the identity and location of the
biological father of the adoptee is known or ascertainable.
(e) The Department of Human Resources and the
investigating agency's adoption records must be kept for a
minimum term of 75 years. If a licensed child placing agency
ceases to operate in Alabama, all adoption records of the
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agency, including those of the adoptee, the biological family,
and the adoptive family, shall be transferred to the
department.
(f) Except as otherwise provided in this section and in
Section 22-9A-12(c), all files of the investigating office or
agency appointed by the court under Section 26-10E-19 shall be
confidential and shall be withheld from inspection except upon
order of the court for good cause shown.
(g) Notwithstanding subsection (f), the Department of
Human Resources or the licensed investigating agency appointed
by the court pursuant to Section 26-10E-19(b) and (c), shall
furnish, upon request, to the petitioner or petitioners, the
biological parents, or an adoptee 19 years of age or older,
non-identifying information which shall be limited to the
following:
(1) The health and medical histories of the adoptee's
biological parents.
(2) The health and medical history of the adoptee.
(3) The adoptee's general family background, including
ancestral information, without name references or geographical
designations.
(4) Physical descriptions of the adoptee's biological
parents.
(5) The length of time the adoptee was in the care and
custody of anyone other than the petitioner.
(6) The circumstances under which the adoptee came to
be placed for adoption.
(h) Notwithstanding any other provision herein, if
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either the legal mother or the putative or legal father before
the adoption has given written consent under oath to
disclosure of identifying information that is not otherwise
provided in this section and in Section 22-9A-12(c), the
Department of Human Resources or a licensed child placing
agency shall release the identifying information.
(i) If the court finds that any person has a compelling
need for non-identifying information not otherwise available
under subsection (e) which can only be obtained through
contact with the adoptee, the adoptee's parents, the putative
father or the legal father of the adoptee before the adoption,
or the adoptee's adoptive parents, the court shall direct the
agency or a mutually agreed upon intermediary, to furnish the
information or to establish contact with the adoptee, the
adoptee's biological parents, the putative or legal father of
the adoptee before the adoption, or the adoptive parents of
the adoptee in order to obtain the information needed without
disclosure of identifying information to or about the
applicant. The information then shall be filed with the court
and released to the applicant within the discretion of the
court. However, the identity and whereabouts of any
individuals contacted shall remain confidential.
(j) Notwithstanding any subsection of this section to
the contrary, when an adoptee reaches 19 years of age, he or
she may petition the court for the disclosure of identifying
information which is not otherwise provided for in this
section or in Section 22-9A-12(c) if a former parent has not
previously given consent under subsection (h). The court shall
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direct an intermediary to contact the former parents to
determine if they will consent to the release of identifying
information. If the former parent or parents consent to the
release of identifying information the court shall so direct.
If the former parent or parents are deceased, cannot be found,
or do not consent to the release of identifying information,
the court shall weigh the interest and rights of all the
parties and determine if the identifying information should be
released without the consent of the former parent.
(k) The court shall have the jurisdiction to issue any
orders deemed necessary to protect the confidentiality of the
adoption or adoption proceedings, including, but not limited
to, any protective order or injunction to prevent or limit the
dissemination of any information contained in confidential or
sealed records or any other information identifying the
adoptee, the parties, or the witnesses in an adoption
proceeding.
§26-10E-31
(a) Within 10 days of the final judgment being entered,
the judge or the clerk of the court shall send a copy of the
certified final judgment of adoption to the Department of
Human Resources electronically or by United States mail and
shall send a copy of the certified final judgment of adoption
to the Office of Vital Statistics electronically or by United
States mail with the report of adoption in the format
developed by the Office of Vital Statistics. 
(b) Upon receipt of a copy of a certified final
judgment of adoption from the judge or the clerk of the court
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for an individual born in this state, the Office of Vital
Statistics shall prepare a new record of birth reflecting the
registrant's new name and the name of each adoptive parent as
contained in the final judgment and report of adoption. The
Office of Vital Statistics shall then place the evidence of
adoption along with the original certificate of birth in a
sealed file. A Certificate of Foreign Birth and sealed file
shall, upon request, be created for a foreign-born individual
adopted in a court in this state as provided in Section
22-9A-12(i).
(c) The new certificate of birth will be prepared on
the form or in the format prescribed by the Office of Vital
Statistics following the requirements in Section 22-9A-12,
Section 22-9A-19, and Title 420 of the Alabama Administrative
Code, or any other rule adopted by the State Board of Health.
(d) There shall be no more than two parents listed on a
new or amended birth certificate. If two parents are
designated in the final judgment of adoption, those
individuals are required to be married to each other at the
time the final judgment of adoption is entered.
(e) A new certificate of birth shall be prepared by the
Office of Vital Statistics in accordance with the current laws
and rules of this state following a final judgment of adoption
being entered in another state, the District of Columbia, a
territory of the United States, or a foreign country. 
(f) Except as otherwise provided by Section
22-9A-12(c), after the new birth certificate has been filed,
the original birth certificate and the evidence of adoption
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are not subject to inspection except upon order of a court of
competent jurisdiction for good cause shown.
§26-10E-32
Only a parent, a parent of a deceased parent, or a
relative of the degree of relationship specified in Section
26-10E-27, the State Department of Human Resources, a licensed
child placing agency, or an agency approved by the department
may place, or facilitate the placement of, a minor for
adoption. No person or entity other than the department or a
licensed child placing agency shall engage in the business of
placing, or facilitating the placement of, minors for
adoption. Any individual or entity making more than two
separate and distinctive placements of minors who are
unrelated to the petitioner or petitioners for adoption within
the preceding 12-month period shall be deemed to be in the
business of placing minors for adoption. Any other person who
places, or facilitates the placement of, a minor for adoption
is, upon the first conviction, guilty of a Class A misdemeanor
and, upon subsequent convictions, is guilty of a Class C
felony. This section does not intend to make it unlawful for
any person not engaged in the business of placing, or
facilitating the placement of, minors for adoption to give
advice and assistance to a biological parent in an adoption.
In making adoption arrangements, potential adopting parents
and biological parents are entitled to the advice and
assistance of legal counsel. Surrogate motherhood is not
intended to be covered by this section. 
§26-10E-33
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(a) It shall be a Class A misdemeanor for any
individual or agency to offer to pay money or anything of
value to a parent for the placement for adoption, for the
consent to an adoption, or for cooperation in the completion
of an adoption of his or her minor child. It shall be a Class
C felony for any individual or agency to pay money or anything
of value to a parent for the placement of a child for
adoption, for the consent to an adoption, or for cooperation
in the completion of an adoption of his or her minor child.
This section does not make it unlawful, as provided in Section
26-10E-22, to pay the maternity-connected expenses, medical or
hospital expenses, and necessary living expenses of the mother
preceding and during pregnancy-related incapacity, as long as
the payment is not contingent upon placement of the minor
child for adoption, consent to the adoption, or cooperation in
the completion of the adoption.
(b) It shall be a Class C felony for any individual or
agency to receive any money or other thing of value for
placing, assisting, or arranging for the placement of a minor
for adoption. This section is not intended to prohibit
legitimate charges for medical, legal, prenatal, or other
professional services.
(c) Surrogate motherhood is not intended to be covered
by this section.
§26-10E-34
Minors may be brought into Alabama for the purpose of
adoption as provided in Sections 38-7-15 and 44-2-20, except
that investigations shall be made as provided in Sections
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26-10E-19 and Section 44-2-20. 
§26-10E-35
(a) It shall be unlawful for any individual,
organization, corporation, partnership, hospital, association,
any other business entity, or agency to advertise by word of
mouth or through print, electronic media, including social
media, telephonically, or otherwise that they will take any of
the following actions:
(1) Adopt minors or assist in the adoption of minors in
violation of this chapter.
(2) Place or assist in the placement of minors in
foster homes, group homes, or institutions in violation of
this chapter.
(3) Pay or offer money or anything of value to the
parent or parents of a minor in violation of Sections
26-10E-32 or 26-10E-33.
(b) Any violation of this section shall be punished as
a Class A misdemeanor.
§26-10E-36
Except as expressly provided within this chapter, the
Alabama Rules of Civil Procedure and the Alabama Rules of
Evidence apply in any case brought under this chapter,
including cases transferred to a juvenile court.
§26-10E-37
 (a) Final judgments of adoptions entered into before
January 1, 2024, are valid and remain in effect as they
existed prior to the enactment of this chapter except that
proceedings after final judgments of adoption entered into
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before the enactment of this chapter will be governed under
this chapter. 
(b) This chapter shall apply to all proceedings related
to minor adoptions that have not been commenced as of December
31, 2023.
Section 2. Chapter 10F is added to Title 26 of the Code
of Alabama 1975, to read as follows:
§26-10F-1
This chapter shall be known and may be cited as the
Alabama Adult Adoption Code.
§26-10F-2
The definitions in the Alabama Minor Adoption Code,
provided in Section 26-10E-2, are applicable for this chapter
and have the same meaning whenever used in this chapter except
where the context clearly indicates a different meaning. 
§26-10F-3 
The probate court shall have original and exclusive
jurisdiction over proceedings brought under this chapter.
§26-10F-4
(a) The petitioner or petitioners, or the adoptee, must
be a resident of the State of Alabama.
(b) All petitions must be filed in the probate court of
either of the following counties:
(1) The county in which the adoptee resides, or is in
military service.
(2) The county in which the petitioner or petitioners
resides or is in military service.
§26-10F-5
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(a) Any adult individual may petition the court to
adopt an adult as provided in this chapter.
(b) Any married couple, both of whom are adults, may
jointly petition the court to adopt an adult as provided in
this chapter. An adult who is married may not petition to
adopt another adult unless the petition for adoption is filed
jointly by his or her spouse, unless that spouse is the
biological or legal parent of the adult sought to be adopted.
(c) Unless the adoptee is biologically related to the
petitioner or petitioners, any petitioner seeking to adopt
another adult must be at least 10 years older than the
adoptee, unless waived by the court for good cause shown. 
(d) An adult may only be adopted as provided in this
chapter and for the establishment of a legal parent-child
relationship.
(e) The Department of Human Resources shall provide by
rule the process through which an individual seeking to
participate in foster care or adoption may apply for an
exemption from any vaccination requirement for religious or
other appropriate reason for himself, herself, or any other
individual in his or her household.
§26-10F-6
An adult may be adopted under any of the following
conditions:
(1) He or she is an individual with a total and
permanent disability.
(2) He or she has been determined to be an
incapacitated person as defined in Section 26-2A-20. 
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(3) He or she consents in writing to be adopted and is
related in any degree of kinship to the petitioner or
petitioners, as defined by the intestacy laws of Alabama, or
is a stepchild or former stepchild by marriage.
(4) He or she had been in a de facto parent-child
relationship with each petitioner during the minority of the
adoptee for at least one year preceding the filing of the
petition and each petitioner has maintained a continuous
familial relationship with the adoptee. This provision shall
include, but is not limited to, a foster parent relationship
with the adoptee.
§26-10F-7
(a) A consent shall be in a sworn writing and signed by
the person consenting. 
(1) Only the sworn, written consent of a legally
competent adoptee shall be required.
(2) If the adoptee has been adjudicated incompetent or
declared to be an incapacitated person as defined in Section
26-2A-20, the sworn written consent of any legal guardian or
conservator of the adoptee and a court appointed guardian ad
litem shall be required. The decision to withhold consent by
the guardian ad litem may be overruled by the court as
provided in Section 26-10F-10.
(3) If the court has reason to believe that the adoptee
may be unable to give consent, the court shall appoint a
guardian ad litem who shall investigate the adoptee's
circumstances and that guardian ad litem shall give or
withhold consent. The decision to withhold consent by the
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guardian ad litem may be overruled by the court as provided in
Section 26-10F-10.
(4) If the adoptee is married and is incapacitated or
otherwise unable to consent, the sworn written consent of his
or her spouse is also required.
(b) A motion to withdraw consent may be filed at any
time before the dispositional hearing on the adoption
petition.
§26-10F-8
(a) A petition for adoption shall be filed with the
clerk of the court. The petition shall be signed and verified
by each petitioner and shall allege all of the following:
(1) The full name, date and place of birth, and place
of residence of each petitioner and, if married, the place and
date of their marriage.
(2) The date and place of birth of the adoptee.
(3) The birth name of the adoptee, any other names by
which the adoptee has been known, and the adoptee's proposed
new name.
(4) Where the adoptee is residing at the time of the
filing of the petition.
(5) That each petitioner desires to establish a legal
parent and child relationship between himself or herself and
the adoptee and that he or she is a fit and proper person able
to care for and provide for the adoptee's welfare.
(6) The existence and nature of any prior court orders
known to the petitioner which could affect the adoption of the
adoptee.
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(7) The relationship, if any, of each petitioner to the
adoptee.
(8) The name and address of any agency, if any,
providing care for the adoptee. 
(9) The names and addresses of all individuals known to
the petitioner at the time of filing from whom consents or
notice to the adoption are required.
(10) The name and address of the spouse of the adoptee,
if any.
(b) The caption of a petition for adult adoption shall
be styled "In the Matter of the Adoption Petition of _____."
Each petitioner shall be designated in the caption. There
shall be no more than two petitioners.
(c) The petition shall be accompanied by each of the
following:
(1) A certified copy of the adoptee's birth
certificate. 
(2) Certified documentation which establishes proof of
a marriage of the adoptee, if applicable.
(3) Certified documentation which establishes proof of
a marriage of the petitioners, if applicable.
(4) Should common law marriage be alleged, any
documentation upon which the petitioners rely to prove the
existence of the common law marriage. 
§26-10F-9
(a) Unless service has been previously waived, notice
of pendency of the adoption proceeding shall be served by the
petitioner on each of the following:
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(1) Any individual whose consent is required by Section
26-10F-7.
(2) Any legally appointed custodian or guardian of the
adoptee.
(3) The spouse of the adoptee, if the adoptee is
married.
(4) Any biological or legal parent of the adoptee.
(5) Any individual or entity known to any petitioner as
currently having physical custody of the adoptee, if the
adoptee is alleged to be an individual with a total and
permanent disability or alleged to be an incapacitated person.
(6) The Department of Human Resources. 
(7) Any other individual designated by the court.
(b) A copy of the notice for adoption shall be served
upon those individuals or agencies provided in subsection (a).
The form for the notice shall be developed jointly by the
Administrative Office of Courts and the Alabama Law Institute.
(c) Service of the notice shall be made in the
following manner:
(1) Service of process shall be made in accordance with
the Alabama Rules of Civil Procedure. If the identity or
whereabouts of the person whose consent is required under this
chapter is unknown, the court shall then issue an order
providing for service by publication, by posting, or by any
other substituted service.
(2) As to the agency or individual referred to in
subsection (a)(6), notice shall be by certified mail.
(3) As to any other person or entity for whom notice is
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required under subsection (a)(7), service by certified mail,
return receipt requested, shall be sufficient. If such service
cannot be completed after two attempts, the court shall issue
an order providing for service by publication, by posting, or
by any other authorized substituted service.
(d) The notice required by this section may be waived
in writing by the person or entity entitled to receive notice.
(e) Proof of service of the notice on all persons for
whom notice is required by this section must be filed with the
court before the dispositional hearing provided in Section
26-10F-13.
§26-10F-10
(a) All consents must be acknowledged in open court,
unless waived by the court for good cause shown. 
(b) If a guardian ad litem has been appointed for the
adult sought to be adopted, the following procedures apply: 
(1) The guardian ad litem shall file with the court a
written report stating the basis for the decision to give or
withhold consent.
(2) The court shall hold a hearing to allow all parties
to present evidence as to whether it would be in the best
interests of the adult person to be adopted by the petitioner
or petitioners.
(c) If the court determines upon clear and convincing
evidence that the decision to withhold consent by the guardian
ad litem is arbitrary and is not in the best interests of the
incapacitated person, it may proceed to make any other orders
it deems necessary for the adult person's welfare, including
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granting the petition for adoption.
§26-10F-11
(a) No investigation shall be required in any adult
adoption unless ordered by the court to determine if the best
interests of the adoptee will be served by granting the
petition for adoption. The court shall determine the scope of
the investigation.
(b) If the probate court in which a petition for the
adoption of an adult is filed considers an investigation to be
a necessity, the probate court may order either of the
following:
(1) The type of investigation that is conducted in an
adoption of a minor adoptee, pursuant to 26-10E-19.
(2) Any other inquiry which the court considers
advisable.
(c) Any investigation ordered by the court will be
performed by the Department of Human Resources or anyone
appointed by the court who the court deems as qualified and
appropriate based on the scope of the investigation.
§26-10F-12
(a) Upon the filing of a pleading or a motion by a
party contesting the adoption, the probate court may not
transfer the case or any part of the case to another court of
this state, and shall forthwith set the matter for a contested
hearing to determine each of the following:
(1) Whether the best interests of the adoptee will be
served by the adoption. 
(2) Whether the adoptee is available for adoption by
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each petitioner and whether each petitioner qualifies to adopt
the adoptee within the requirements of this chapter.
(3) Whether all necessary consent has been given and,
if so, the validity of each consent.
(4) Whether an express consent has been or may be
withdrawn.
(b) The court shall give at least 14 days of notice of
the contested hearing by United States mail to all parties who
have appeared before the court unless notice has been waived
in writing. The party contesting the adoption and each
petitioner shall be present at the contested hearing. A
guardian ad litem shall appear and represent the interests of
the adoptee. Any contestant who is an incapacitated person
shall also be represented by a guardian ad litem in addition
to any counsel retained by the contestant.
(c) The court may continue the hearing from time to
time to permit notice to all parties, or to permit further
discovery, observation, investigation, or consideration of any
fact or circumstance affecting the granting or denial of the
adoption petition. The court may order the investigator
appointed under Section 26-10F-11, or a court representative
to investigate allegations underlying the contest or the
whereabouts of any person entitled to notice of the
proceeding.
(d) After hearing evidence at a contested hearing, the
court shall decide the contest as soon as practicable. If it
is determined by the court that the adoption petition should
be denied, the court shall enter a final judgment denying the
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contest. The entry of a final judgment denying a contest
terminates the status of the contestant as a party to the
adoption proceedings and terminates the contestant's right to
notice of further adoption proceedings.
(e) At the contested-case hearing, the court shall
consider any motion of the petitioner or petitioners to obtain
reimbursement for all reasonable medical and living expenses
incidental to the care and well-being of the adoptee for the
time the adoptee resided with the petitioner or petitioners
where the adoptee is an incapacitated adult. If the adoption
is denied, the probate court shall, unless just cause is shown
otherwise by the contestant, order such reimbursement. 
(f) Upon denial of a contest, the court, unless just
cause is shown otherwise by the contestant, shall issue an
order for reimbursement to the petitioner or petitioners of
the legal costs incurred by each petitioner incidental to the
contest.
§26-10F-13
(a) The petition for adoption shall be set for a
dispositional hearing within a reasonable period after the
filing of the petition and all necessary documents, including
an investigative report if ordered by the court. 
(b) The court shall enter an order establishing a date,
time, and place for the hearing on the petition, and each
petitioner and the individual to be adopted shall appear at
the hearing in person. If the court determines that such
appearance is impossible or impractical, appearance may be
made by electronic means, upon good cause shown to the court. 
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(c) At the dispositional hearing, the court shall grant
a final judgment of adoption if it finds each of the following
based on clear and convincing evidence:
(1) The adoptee meets one of the qualifications under
Section 26-10F-6.
(2) The required consents and all other necessary
documents have been properly executed and have been filed with
the court. The necessary documents shall include, but are not
limited to, each of the following:
a. The petition for adoption.
b. All required consents. 
c. Proof of service of notice on all persons required
to receive notice.
d. Marriage certificates of the petitioners and
adoptee, if applicable.
e. Copies of certified birth certificates or the
equivalent thereof of each petitioner and adoptee, issued
within six months of the filing of the petition.
f. The Alabama Report of Adoption Form.
g. Proof of incapacity or total and permanent
disability, if applicable.
h. Proof of kinship or a de facto parent and child
relationship pursuant to Section 26-10F-6, if applicable.
i. Any other documentation required by the court.
(3) Any contests have been resolved in favor of the
petitioner or petitioners. 
(4) That each petitioner is a suitable adopting parent
and desires to establish a legal parent and child relationship
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between himself or herself and the adoptee.
(5) That all parties, to the best of their ability,
understand the significance and ramifications of the adoption
and are not acting under duress, coercion, or undue influence.
(6) That the best interests of the adoptee are served
by the adoption and that there is no reason in the public
interest or otherwise why the petition should not be granted.
(7) That all other requirements of this chapter have
been met.
(d) If all the requirements of subsection (b) are met,
the court may enter its finding in a written final judgment of
adoption, granting the petition for adoption. 
(e) The final judgment of adoption shall terminate the
parent child relationship of one or both of the legal parents
of the adoptee and shall order the substitution of the name of
each legal parent whose relationship has been terminated on
the amended birth certificate with the name of each
petitioner. There shall be no more than two individuals named
as petitioner.
(f) If the court grants the adoptee's request for a new
name, the adoptee's new name shall be included in the final
judgment of adoption and placed on the amended birth
certificate.
(g) The final judgment of adoption shall further order
that from the date of the judgment of adoption, the adoptee
shall be the child of the petitioner or petitioners, and that
the adoptee shall be accorded the status set forth in Section
26-10F-16(b).
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(h) A final judgment of adoption may not be
collaterally attacked after the expiration of one year from
the entry of the final judgment of adoption, and after all
appeals, if any, except in each of the following situations:
(1) Fraud relating to the adoption proceedings.
(2) The adoptee has been kidnapped.
(3) An adoptive parent subsequent to the final judgment
of adoption has been convicted of a sexual offense, as
provided in Section 15-20A-5, involving the adoptee. 
§26-10F-14
(a)(1) For the purposes of this chapter, a final
judgment is one of the following:
a. The court adjudicates whether a consent has been
withdrawn.
b. The court adjudicates a contest to an adoption
pursuant to Section 26-10F-12.
c. The court grants or denies the petition for
adoption.
(2) A final judgment under this chapter shall be
entered in accordance with Rule 58 of the Alabama Rules of
Civil Procedure.
(b) A party may file a post judgment motion challenging
any final judgment entered under this chapter. Any post
judgment motion must be filed within 14 days of the entry of
final judgment and no post judgment motion may remain pending
for more than 14 days, at which time it shall be deemed denied
by operation of law.
(c) A party may appeal any final judgment entered by a
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court under this chapter. An appeal may be made to the Alabama
Court of Civil Appeals by the proper filing of a notice of
appeal with the clerk of the court entering the final judgment
within 14 days of the entry of the final judgment, subject to
Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and
Rule 77(d) of the Alabama Rules of Civil Procedure.
§26-10F-15
(a) If determined to be in the best interests of the
adoptee or parties, the court may determine a hearing shall be
closed.
(b) Upon motion by the adoptee or parties and for good
cause shown, the court shall have the jurisdiction to issue
any orders deemed necessary to protect the confidentiality of
the adoption or adoption proceedings, including, but not
limited to, any protective order or injunction to prevent or
limit the dissemination of any information contained in
confidential or sealed records or any other information
identifying the adoptee, the parties, or the witnesses in an
adoption proceeding. Part or all of the record may also be
sealed pursuant to procedure established by applicable
statute, rule, and existing case law.
(c) When the court enters a final judgment of adoption,
the court shall send a copy of the certified final judgment of
adoption to the Department of Human Resources in the manner
prescribed by Section 26-10F-17(a).
§26-10F-16
(a) A judgment granting a petition for adoption of an
adult may order a change in the name of the adoptee unless the
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court finds that the change of name is requested for
fraudulent or criminal purposes; provided, however, that the
court may not change the name of an adoptee who is a sex
offender as provided in Section 15-20A-36. 
(b) After the final judgment of adoption, the adoptee
shall be treated as the legal child of each adopting parent
and shall have all rights and be subject to all the duties
arising from that relation, including the right of inheritance
under the intestacy laws of the state pursuant to Section
43-8-48.
(c) Upon the final judgment of adoption, the biological
or legal parents of the adoptee, except for a biological or
legal parent who is the spouse of the adopting parent, are
relieved of all parental rights and responsibilities for the
adoptee. Upon the final judgment of adoption, the adoptee
loses all rights of inheritance under the laws of intestacy
pursuant to Section 48-8-48, from or through the biological or
legal parents of the adoptee, except for a biological or legal
parent who is the spouse of the adopting parent.
§26-10F-17
(a) Within 10 days of the final judgment being entered,
the judge or the clerk of the court shall send a copy of the
certified final judgment of adoption to the Department of
Human Resources electronically or by United States mail and
shall send a copy of the certified final judgment of adoption
to the Office of Vital Statistics electronically or by United
States mail with the report of adoption in the format
developed by the Office of Vital Statistics. 
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(b) Upon receipt of a copy of any certified final
judgment of adoption from the judge or the clerk of the court
for an individual born in this state, the Office of Vital
Statistics shall prepare an amended record of birth reflecting
the registrant's new name and the name of each adopting parent
as contained in the final judgment and report of adoption. The
original birth certificate or evidence of adoption will not be
sealed unless otherwise ordered by the court granting the
adoption. If the court orders the documents to be sealed, the
adoptee may request the original birth certificate and
evidence of adoption as provided by Section 22-9A-12(c). 
(c) Upon receipt of a copy of a certified final
judgment of adoption from the judge or the clerk of the court
for a foreign-born individual adopted in a court in this
state, the Office of Vital Statistics, shall, upon request,
create a Certificate of Foreign Birth and sealed file as
provided in Section 22-9A-12(i).
§26-10F-18
Except as expressly provided within this chapter, the
Alabama Rules of Civil Procedure and the Alabama Rules of
Evidence apply in any case brought under this chapter.
§26-10F-19
(a) Final judgments of adoptions entered into before
January 1, 2024, are valid and remain in effect as they
existed prior to the enactment of this chapter except that
proceedings after final judgments of adoption entered into
before the enactment of this chapter will be governed under
this chapter. 
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(b) This chapter shall apply to all proceedings related
to adult adoptions that have not been commenced as of December
31, 2023.
Section 3. Section 12-15-115.1 is added to the Code of
Alabama 1975, to read as follows:
§12-15-115.1
Once an adoption proceeding in the juvenile court has
been completed, a copy of all the juvenile court records,
including filings and documents originally sent upon transfer
by the probate court, shall be forwarded to the probate court
from which the case was transferred. All other filings and
documents that are retained by the juvenile court pertaining
to the adoption proceeding shall be sealed, kept as a
permanent record of the court, and withheld from inspection
except as otherwise ordered by the court for good cause shown.
Section 4. Section 12-15-133, Code of Alabama 1975, is
amended to read as follows:
 "§12-15-133
(a) The following records, reports, and information
acquired or generated in juvenile courts concerning children
shall be confidential and shall not be released to any person
individual, department, agency, or entity, except as provided
elsewhere in this section:
(1) Juvenile legal files (,including formal documents
as petitions, notices, motions, legal memoranda, orders, and
decrees).
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(2) Social records, including but not limited to:
a. Records of juvenile probation officers.
b. Records of the Department of Human Resources.
c. Records of the Department of Youth Services.
d. Medical records.
e. Psychiatric or psychological records.
f. Reports of preliminary inquiries and predisposition
studies.
g. Supervision records.
h. Birth certificates.
i. Individualized service plans.
j. Education records, including, but not limited to,
individualized education plans.
k. Detention records.
l. Demographic information that identifies a child or
the family of a child.
(3) State Criminal Justice Information System records.
(4) Juvenile criminal sex offender notification
records.
(b) The records, reports, and information described in
subsection (a) shall be filed separately from other files and
records of the court. The juvenile legal files described in
subdivision (1) of subsection (a)(1) shall be maintained in a
separate file from all other juvenile records, reports, and
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information.
(c) Subject to applicable federal law, the records,
reports, and information described in subsection (a) shall be
open to inspection and copying only by the following, under
the specified circumstances:
(1) The judge, juvenile probation officers, and
professional staff assigned to serve or contracted for service
to the juvenile court.
(2) Representatives of a public or private agency or
department providing supervision or having legal custody of
the child.
(3) The parent (,except when parental rights have been
terminated), the legal guardian of the child, and the legal
custodian of the child.
(4) The subject of the proceedings and his or her
counsel and guardian ad litem. As used in this section, the
term "counsel" means a child's attorney and an attorney for a
criminal defendant who was formerly a child subject to
proceedings in juvenile court.
(5) The judge, probation, prosecutor, and other
professional staff serving a court handling criminal cases for
investigating or considering youthful offender applications
for an individual, who, prior thereto, had been the subject of
proceedings in juvenile court.
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(6) The judge, probation, and other professional staff,
including the prosecutor and the attorney for the defendant,
serving a court handling criminal cases for completing
sentencing standards worksheets and considering the sentence
upon a person an individual charged with a criminal offense
who, prior thereto, had been the subject of proceedings in
juvenile court.
(7) The principal of the school in which the child is
enrolled, or the representative of the principal, upon written
petition to the juvenile court setting forth the reasons why
the safety or welfare, or both, of the school, its students,
or personnel, necessitate production of the information and
without which the safety and welfare of the school, its
students, and personnel, would be threatened; provided,
however, certain information concerning children adjudicated
delinquent of certain offenses shall be provided as set forth
in Section 12-15-217.
(8) The Alabama Sentencing Commission, as set forth in
Section 12-25-11.
(9) In any criminal proceeding, including a criminal
proceeding in which a person an individual is adjudicated a
youthful offender, as well as any juvenile proceeding pursuant
to Section 12-15-105, the prosecutor representing the State of
Alabama shall have access to all juvenile legal files
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specified in subdivision (a)(1) on that person individual
regardless of the jurisdiction from which the files originate.
(d) Upon determining a legitimate need for access, and
subject to applicable federal law, the juvenile court may also
grant access to specific records, reports, and information to
a prosecutor representing the State of Alabama, department,
entity, or agency. The determination of legitimate need by the
juvenile court shall be based upon a written request filed
with the juvenile court stating the following:
(1) The reason the person individual, department,
entity, or agency is requesting the information.
(2) The use to be made of the information.
(3) The names of those persons individuals or entities
that will have access to the information.
(e) Petitions, motions, juvenile court notices, or
dispositions shall be open to inspection and copying by the
victim.
(f) Subject to applicable confidentiality disclosure
and case restrictions imposed by federal or state law,
confidential juvenile legal files, as described in subdivision
(1) of subsection (a)(1), may be placed on an automated
information sharing system to be shared with the child's
counsel and guardian ad litem, prosecutors, departments,
agencies, or entities who are entitled to access pursuant to
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this section.
(g) Except for the purposes permitted and in the manner
provided by this section, whoever discloses or makes use of or
knowingly permits the use of information identifying a child,
or the family of a child, who is or was under the jurisdiction
of the juvenile court, where this information is directly or
indirectly derived from the records of the juvenile court or
acquired in the course of official duties, upon conviction
thereof, shall be guilty of a Class A misdemeanor under the
jurisdiction of the juvenile court and also may be subject to
civil sanctions. Provided, however, that nothing in this
section shall be construed to prohibit or otherwise limit
counsel from disclosing confidential information obtained from
the juvenile court file of the child as needed to investigate
the case of the client or prepare a defense for that client,
provided that the disclosure is in furtherance of counsel's
representation of the party.
(h) Anytime that a child commits a violent offense and
is adjudicated delinquent, if that child as an adult commits
the same or a similar offense, the court records pertaining to
the juvenile offense may be used in the prosecution of the
adult offense.
(i) This section does not prohibit juvenile courts from
communicating with and sharing otherwise confidential
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information with any court of this state in accordance with
Section 26-10E-30 that is currently handling an adoption
matter or has entered a final adoption judgment regarding a
juvenile. All records shared between the courts are to remain
under seal and shall not be shared with the parties or
released to the public. "
Section 5. Section 12-12-35, Code of Alabama 1975,
relating to the transfer of adoption proceedings, and Chapter
10A of Title 26, Code of Alabama 1975, commencing with Section
26-10A-1, relating to adoption, are repealed.
Section 6. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 7. This act shall become effective on January
1, 2024, following its passage and approval by the Governor,
or its otherwise becoming law. 
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 23-Mar-23, as amended.
John Treadwell
Clerk
Senate                13-APR-23          P assed and Amended
House                 18-APR-23          Concurred in Senate
 Amendment
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