Alabama Senate Bill SB94 Introduced / Bill

                    SB94INTRODUCED
Page 0
SB94
G1DA6CC-1
By Senator Orr
RFD: Children and Youth Health
First Read: 05-Feb-25
1
2
3
4
5 G1DA6CC-1 02/04/2025 GP (L)lg 2025-183
Page 1
First Read: 05-Feb-25
SYNOPSIS:
Under existing law, the Alabama Minor Adoption
Code and the Alabama Adult Adoption Code provide for
adoption proceedings.
This bill would further provide for the roles of
the State Department of Human Resources and each county
department of human resources throughout the Minor
Adoption Code and the Adult Adoption Code.
This bill would revise procedures relating to
the service of notice for adoption to certain parties
and the notified parties' responses.
This bill would further provide procedures
relating to the revocation of express consent or
relinquishment for a minor adoption.
This bill would further provide for the
circumstances in which an investigation relating to a
minor adoption must occur and would further provide for
the contents, scope, and distribution of the
investigative report.
This bill would further provide procedures
relating to the adoption of a minor in permanent
custody of the State Department of Human Resources.
This bill would authorize certain parties,
including the adoptee, to petition the court for a copy
of the final judgment of adoption or the interlocutory
order of adoption in certain circumstances.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB94 INTRODUCED
Page 2
order of adoption in certain circumstances.
This bill would define the term "de facto
parent-child relationship" for purposes of an adult
adoption.
This bill would also delete duplicative language
and make nonsubstantive, technical revisions to update
the existing code language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to adoption; to amend Sections 26-10-28,
26-10C-1, 26-10E-2, 26-10E-4, 26-10E-5, 26-10E-7, 26-10E-8,
26-10E-9, 26-10E-10, 26-10E-11, 26-10E-14, 26-10E-15,
26-10E-16, 26-10E-17, 26-10E-18, 26-10E-19, 26-10E-23,
26-10E-24, 26-10E-26, 26-10E-27, 26-10E-29, 26-10E-30,
26-10E-31, 26-10E-32, 26-10E-34, 26-10F-2, 26-10F-5, 26-10F-6,
26-10F-9, 26-10F-10, 26-10F-11, 26-10F-12, 26-10F-13,
26-10F-15, 26-10F-17, 30-3-4.2, Code of Alabama 1975; to
revise the Alabama Minor Adoption Code and the Alabama Adult
Adoption Code; to revise procedures relating to the adoption
of a minor and the availability of records relating to a minor
adoption; to further provide for investigations and
investigative reports related to minor adoptions; to revise
procedures related to service of notice for a minor adoption
and an adult adoption; to further define terms; to further
provide for the role of the State Department of Human
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB94 INTRODUCED
Page 3
provide for the role of the State Department of Human
Resources; to add Section 26-10E-19.1 to the Code of Alabama
1975, relating to investigative reports; and to make
nonsubstantive, technical revisions to update the existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 26-10-28, 26-10C-1, 26-10E-2,
26-10E-4, 26-10E-5, 26-10E-7, 26-10E-8, 26-10E-9, 26-10E-10,
26-10E-11, 26-10E-14, 26-10E-15, 26-10E-16, 26-10E-17,
26-10E-18, 26-10E-19, 26-10E-23, 26-10E-24, 26-10E-26,
26-10E-27, 26-10E-29, 26-10E-30, 26-10E-31, 26-10E-32,
26-10E-34, 26-10F-2, 26-10F-5, 26-10F-6, 26-10F-9, 26-10F-10,
26-10F-11, 26-10F-12, 26-10F-13, 26-10F-15, 26-10F-17, and
30-3-4.2, Code of Alabama 1975, are amended to read as
follows:
"§26-10-28
All records regarding subsidized adoption shall be
confidential and may be disclosed only in accordance with
Sections 26-10A-31, 26-10A-32 26-10E-30, 26-10E-31, 26-10F-15,
26-10F-17, 38-2-6(8), and 38-7-13."
"§26-10C-1
(a) The State Department of Human Resources shall
establish a putative father registry which shall record the
names, Social Security number, date of birth, and addresses of
the following:
(1) Any person individual adjudicated by a court of
this state to be the father of a child born out of wedlock.
(2) Any person individual who has filed with the
registry before or after the birth of a child born out of
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB94 INTRODUCED
Page 4
registry before or after the birth of a child born out of
wedlock, a notice of intent to claim paternity of the child ,
which includes the information required in subsection (c)
below.
(3) Any person individual adjudicated by a court of
another state or territory of the United States to be the
father of a child born out of wedlock, where a certified copy
of the court order has been filed with the registry by the
person individual or any other person individual.
(4) Any person individaul who has filed with the
registry an instrument acknowledging paternity pursuant to
Sections 26-11-1 to 26-11-3, inclusive.
(b) The clerk of the court which that determines a man
to be the father of a child born out of wedlock shall
immediately notify the State Department of Human Resources of
the determination of paternity and include therein the
information required under subsection (c) below.
(c)(1) An individual A person filing a notice of intent
to claim paternity of a child or an acknowledgment of
paternity shall include all of the following:
a.(1) The father's name, Social Security number, date
of birth, and current address.
b.(2) The mother's name, including all other names
known to the putative father that which have been used by the
mother, Social Security number, date of birth, and address, if
known.
c.(3) The father's current income and financial
information by attaching a child support obligation income
statement/affidavit form to be prescribed by regulations rules
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB94 INTRODUCED
Page 5
statement/affidavit form to be prescribed by regulations rules
of the department.
d.(4) The child's name and place of birth, if known.
e.(5) The possible date or dates of sexual intercourse.
(2) The person individual filing shall notify the
registry of any change of address pursuant to the procedures
prescribed by regulation rule of the state department. The
registration must shall be on a form prescribed by the state
department and signed by the putative father and notarized.
(3) The putative father may file his notice of intent
to claim paternity prior to the birth of the child.
(d) A person An individual who has filed a notice of
intent to claim paternity may at any time revoke a notice of
intent to claim paternity previously filed and, upon. Upon
receipt of the notification by the registry, the revoked
notice of intent to claim paternity shall be deemed a nullity
nunc pro tunc.
(e) An unrevoked notice of intent to claim paternity of
a child may be introduced in evidence by any party, other than
the person individual who filed the notice, in any proceeding
in which the fact may be relevant.
(f) The State Department of Human Resources shall, upon
request, provide the names and addresses of persons
individuals listed with the registry to any court. The
information shall may not be divulged to any other person
except upon order of a court for good cause shown. Immediately
after receiving notice pursuant to Section 26-10E-17 of the
pendency of any adoption proceeding wherein the proposed
adoptee is a child born within 300 days of the date of any
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 SB94 INTRODUCED
Page 6
adoptee is a child born within 300 days of the date of any
sexual intercourse listed in the registry and to the same
biological mother listed in the registry, the State The
Department of Human Resources shall further after receiving
notice pursuant to Section 26-10A-17 of the pendency of any
adoption proceeding wherein the proposed adoptee is a child
born within 300 days of the date or dates of sexual
intercourse listed in the registry and to the same biological
mother listed in the registry, immediately send a copy of the
notice of intent to claim paternity to the court handling the
adoption. When the court handling the adoption receives the
notice of the intent to claim paternity, that court shall
forthwith give notice of the pendency of the adoption
proceeding to the putative father listed in such the notice of
intent to claim paternity and at the address therein listed,
and additionally notify the biological mother that the
putative father has registered in conformity with the putative
father registry.
(g) The State Department of Human Resources shall
create a form titled "Notice of Intent to Claim Paternity" to
be used when a person an individual files notice of intent to
claim paternity, and which. The form shall include the
information required under subsection (c), the name of the
mother who has given birth or may give birth to a child born
out of wedlock, and the possible date or dates of sexual
intercourse.
(h) The registry, except as provided by subsection (f),
shall be kept confidential and not open for public inspection.
(i)(1) Any person individual who claims to be the
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB94 INTRODUCED
Page 7
(i)(1) Any person individual who claims to be the
natural father of a child and fails to file his notice of
intent to claim paternity pursuant to subsection (a) prior to
or within 30 days of the birth of a child born out of wedlock	,
shall be deemed to have given an irrevocable implied consent
in any adoption proceeding.
(2) This subsection shall be the exclusive procedure
available for any person individual who claims to be the
natural father of a child born out of wedlock on or after
January 1, 1997, to entitle that person to notice of and the
opportunity to contest any adoption proceeding filed and
pending on or after January 1, 1997.
(j)(1) A person An individual who knowingly or
intentionally registers false information under this section
commits a Class A misdemeanor.
(2) A person An individual who knowingly or
intentionally releases confidential information in violation
of this section commits a Class A misdemeanor. However, it is
a defense under this subsection if the State Department of
Human Resources releases confidential information while
acting:
a. In good faith .; and
b. With reasonable diligence."
"§26-10E-2
For the purposes of this chapter, the following terms
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.
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB94 INTRODUCED
Page 8
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.
(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
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB94 INTRODUCED
Page 9
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 CHILD-PLACING AGENCY. Any
adoption agency that is licensed under the provisions of the
Child Care Act of 1971, Chapter 7 of Title 38, 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
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
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 SB94 INTRODUCED
Page 10
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 child-placing
agency or the State 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) STATE DEPARTMENT OF HUMAN RESOURCES or STATE
DEPARTMENT. The State Department of Human Resources, as
established in Section 38-2-1.
(20) 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-4
(a) A petition for adoption may shall be filed in the
probate court in any of the following counties:
(1) The county in which the adoptee is born, resides,
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280 SB94 INTRODUCED
Page 11
(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 all 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 interest of the adoptee for
the probate court to exercise venue over the adoption case."
"§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 individuals 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.
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308 SB94 INTRODUCED
Page 12
the stepparent alone.
(e) Each petitioner seeking to adopt a minor must shall
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-26 or 26-10E-27.
b. The probate court finds, based on evidence in the
record, that the adoption is in the best interests interest 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 Section 38-7-15 and Section
44-2-20 relating to the Interstate Compact on the Placement of
Children.
(f) No rule or regulation of any state department shall
prevent an adoption by a petitioner solely because the
petitioner is employed outside the home. The State 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 state 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
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336 SB94 INTRODUCED
Page 13
state department shall prevent an adoption solely because the
petitioner is of a certain age, except as provided in
subsection (e).
(h) The State 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-7
(a) Consent to the petitioner's adoption or
relinquishment for adoption to the State Department of Human
Resources or a licensed child placing child-placing agency
shall be required by all of the following:
(1) The adoptee, if 14 years of age or older, except
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
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364 SB94 INTRODUCED
Page 14
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 State Department of Human Resources or the
county 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 State Department of Human Resources or the
county department of human resources if the adoption is in the
best interests interest of the adoptee and there is a finding
by the court finds that the State Department of Human
Resources or the county department of human resources has
unreasonably withheld its consent.
(7) The licensed child placing child-placing agency to
which the child has been relinquished for adoption, except
that the court may grant the adoption without the consent of
the agency if the adoption is in the best interests interest
of the adoptee and there is a finding by the court the agency
has unreasonably withheld its consent.
(b) The Director of the State Department of Human
Resources, the director of the county department of human
resources, or the designee of the either director, and the
executive head of a licensed child placing child-placing
agency may appoint an employee of the department or agency to
give or to deny consent for adoption of the adoptee.
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392 SB94 INTRODUCED
Page 15
give or to deny consent for adoption of the adoptee.
(c) Notwithstanding any law to the contrary, a court
having with 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 shall be appointed to represent the
interests interest 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.
(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:
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420 SB94 INTRODUCED
Page 16
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 of the biological mother 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 or 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
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 individual.
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448 SB94 INTRODUCED
Page 17
not be withdrawn by any individual.
(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 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
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 individuals shall not be required for
an adoption or relinquishment for adoption:
(1) A parent of the adoptee whose rights with reference
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476 SB94 INTRODUCED
Page 18
(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 state 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 shall 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 State Department of Human
Resources, a similar agency of another state, or a licensed
child placing 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 state's or
any other state's law.
(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.
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
501
502
503
504 SB94 INTRODUCED
Page 19
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 date of birth of the individual consenting or
relinquishing and his or her relationship and date of birth of
the individual 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.
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532 SB94 INTRODUCED
Page 20
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
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
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560 SB94 INTRODUCED
Page 21
(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-14
(a) The consent or relinquishment, once signed or
confirmed, may not be withdrawn except in unless the consent
or relinquishment is executed in writing and one of the
following circumstances applies:
(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
561
562
563
564
565
566
567
568
569
570
571
572
573
574
575
576
577
578
579
580
581
582
583
584
585
586
587
588 SB94 INTRODUCED
Page 22
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 Section 26-10E-23 .
(b) For the The withdrawal of express consent or
relinquishment as provided in Section 26-10E-13(b) shall to
become effective by the affiant's signing and dating the :
(1) The individual seeking to withdraw the express
consent or relinquishment must sign and date the withdrawal
form provided pursuant to Section 26-10E-12 and have the
withdrawal form signed by two witnesses or a notary public;
and, or by filing
(2) The individual seeking to withdraw the express
consent or relinquishment shall either:
a. File the withdrawal form with the court within five
business days of the child's birth or within five business
days of signing the express consent or relinquishment,
whichever comes last .; or
b. Mail the withdrawal form to the court bearing a
postmark dated within five business days of the child's birth
or within five business days of the signing of the express
consent or relinquishment, whichever comes last.
(c)(1) A  The petition to withdraw express consent or
relinquishment under subdivision (a)(1) must be filed with the
court in which the consent or relinquishment was listed on the
withdrawal form. The pending adoption shall proceed to a
contest as provided under Section 26-10E-23 must be in
writing, executed by the individual seeking to withdraw the
589
590
591
592
593
594
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616 SB94 INTRODUCED
Page 23
writing, executed by the individual seeking to withdraw the
express consent or relinquishment, dated, and signed by two
witnesses or a notary public .
(2) If a petition for adoption is filed with a court
and includes an express consent or relinquishment with a
different court listed on the withdrawal form, the probate
court in which the adoption proceeding is pending shall
contact the court listed on the withdrawal form to ascertain
whether a withdrawal of the express consent or relinquishment
has been filed. The court listed on the withdrawal form shall
notify the court in which the adoption proceeding is pending
of any subsequent filings.
(d) In adjudicating a petition to withdraw an express
consent or relinquishment under subsection (a) , 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)(1) If an  If the court directs that the express
consent or relinquishment be is properly withdrawn under
subdivision (a)(1) and the probate court has issued an
interlocutory order, the interlocutory order shall be set
aside and, the court shall order the legal custody of the
minor 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,
individual or agency with legal custody of the minor child
prior to the issuing of the interlocutor order. If the court
determines that an attempted withdrawal under subdivision
617
618
619
620
621
622
623
624
625
626
627
628
629
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644 SB94 INTRODUCED
Page 24
determines that an attempted withdrawal under subdivision
(a)(1) fails to comply with the statutory requirements of
subdivision (a)(1), the court shall deny the withdrawal and
declare that the express consent or relinquishment is final
and binding.
(2) If an express consent or relinquishment is filed
under subdivision (a)(2) and the petition to withdraw is filed
prior to the entry of the final judgment of adoption, the
determination of the validity of the withdrawal shall proceed
pursuant to Section 26-10E-23.
(3) An express consent or relinquishment may be
withdrawn under subdivision (a)(3) if the petition for
adoption is denied after a contested case under Section
23-10E-23.
(4) 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, a licensed child
placing child-placing agency, parent, relative by blood or
marriage, or individual having legal custody, unless this
surrender of physical custody 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
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
672 SB94 INTRODUCED
Page 25
(b) A health facility shall report to the county
department of human resources, on forms supplied by the
department State Department of Human Resources , 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 State Department of Human Resources within 48 hours
from the surrendering of physical 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
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
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
699
700 SB94 INTRODUCED
Page 26
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
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
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.
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728 SB94 INTRODUCED
Page 27
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. This subdivision does not
apply when the adoptee is in the permanent custody of the
State Department of Human Resources.
(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
investigative 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, shall sign a verified affidavit setting forth the
following information shall be attached and attach the
affidavit 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	,
or the adoption is a stepparent or relative adoption as
provided under Sections 26-10E-26 or 26-10E-27 :
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756 SB94 INTRODUCED
Page 28
provided under Sections 26-10E-26 or 26-10E-27 :
(1) Whether the mother has declared that she does not
know the identity of the biological father or she refuses to
identify the name of the biological father.
(2) Whether the mother was married at the probable time
of conception of the adoptee, or at a later time, and if so,
the identity and last known address of her husband.
(3)(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.
(4)(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.
(5)(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.
(6)(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.
757
758
759
760
761
762
763
764
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784 SB94 INTRODUCED
Page 29
father of the adoptee.
(7)(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
putative father of the adoptee.
(8)(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.
(9)(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.
(10)(9) That the mother acknowledges she is aware of
the remedies available to her for protection from abuse
pursuant to Chapter 5 of Title 30.
(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
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812 SB94 INTRODUCED
Page 30
petitioners for purposes of adoption unless the adoptee is in
the custody of the State Department of Human Resources , is or
a licensed child placing 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 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 the 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) If no legal father has been determined, the unknown
father.
(4) The putative father of the adoptee, if made known
to the court, provided the putative father has complied with
Section 26-10C-1.
(5)(4) The legal custodian or guardian of the adoptee.
(6)(5) The spouse of a petitioner who is a stepparent
unless express consent is attached to the petition.
(7)(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.
813
814
815
816
817
818
819
820
821
822
823
824
825
826
827
828
829
830
831
832
833
834
835
836
837
838
839
840 SB94 INTRODUCED
Page 31
terminated.
(8)(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.
(9)(8) The agency or individual authorized to
investigate the adoption under Section 26-10E-19.
(10)(9) The Alabama State Department of Human
Resources.
(11)(10) If the adoptee is in foster care, the director
of the county department of human resources awarded Department
of Human Resources with legal custody of the adoptee.
(12)(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 a notified party may appear in the
adoption proceeding shall file a written response within 30
days from the time of proper service of the notice stating if
he or she intends to contest or to support the petition
adoption.
(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 is a party from whom
consent is required and he or she fails to respond file a
written response 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
841
842
843
844
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862
863
864
865
866
867
868 SB94 INTRODUCED
Page 32
adoption and as a waiver of a right to appear and of further
notice of the adoption proceedings.
(4) That if the notified party is a party from whom
consent is not required and he or she fails to file a written
response within 30 days of proper service, the court may
construe that failure as a waiver of the 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 .
(2) If service cannot be perfected in accordance with
the Alabama Rules of Civil Procedure, the court may order, in
its discretion, an alternative method of notice. 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, 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
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
886
887
888
889
890
891
892
893
894
895
896 SB94 INTRODUCED
Page 33
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), and
(a)(11) may appoint an employee to waive notice on its behalf.
(e)(f) Proof of service of the notice on all persons
for whom notice is required by this section must shall 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
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 child-placing agency that held legal
custody at the time of the placement until the entry of final
judgment of adoption.
897
898
899
900
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924 SB94 INTRODUCED
Page 34
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 prescribed in Section 26-10E-9."
"§26-10E-19
(a) Except as provided in Sections 26-10E-19.1,
26-10E-26, and 26-10E-27, all minor adoptions shall include an
investigation as provided under this section. 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 shall
include, but is not limited to, all the following:
(1) Letters of suitability , pursuant to Chapter 13 of
Title 38, for each adult living in the home of the petitioner
or petitioners based on the information available in this
state or and 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
clearances.
(2) Child abuse and neglect clearances pursuant to the
Adam Walsh Child Protection and Safety Act, Public Law
109-248, as amended, for all household members 14 years of age
and older from any state in which any petitioner has resided
925
926
927
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952 SB94 INTRODUCED
Page 35
and older from any state in which any petitioner has resided
in the preceding five years.
(3) A printed copy of the search on the Dru Sjodin
National Sex Offender Public Website for all household members
14 years of age and older.
(4) The anticipated costs and expenses related to the
adoption known or anticipated at the time of the pre-placement
investigation.
(5) Agency(4) Any agency and social worker licenses.
(6)(5) Six reference letters, four of which are from
individuals unrelated to the petitioner or petitioners by
blood or marriage and two. The other two reference letters
shall be from individuals related to the petitioner or
petitioners by blood or marriage. If there are two
petitioners, a member from each petitioner's family shall
submit a reference. one related reference letter shall be
written by a member of each petitioner's family.
(7)(6) Medical reports on all individuals living in the
home, and letters from any prescribing doctors for any
controlled substance prescriptions.
(8)(7) The financial worksheets for each petitioner for
the previous tax year or a copy of the previous year's tax
returns.
(9)(8) Copies of each petitioner's birth certificates
and marriage licenses or marriage certificates .
(9) Copies of current pet vaccinations.
(10) Copies of any divorce decrees and settlement
agreements pursuant to the divorce , if applicable.
(11) Copies of any death certificates, if applicable.
953
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980 SB94 INTRODUCED
Page 36
(11) Copies of any death certificates, if applicable.
(12) Verification The identity of who will do
supervisory visits, if applicable perform the post-placement
investigation.
(13) A written biography of each petitioner, including
medical and social history.
(14) A home safety inspection indicating that the home
of the petitioner or petitioners is safe for the adoptee's
residency.
(15) Any custody orders:
a. Pertaining to the adoptee;
b. Pertaining to the petitioner or petitioners; or
c. Pertaining to both the adoptee and the petitioner or
petitioners.
(16) Any other requirement pursuant to Title 660 of the
Alabama Administrative Code or any other rule adopted by the
State Department of Human Resources.
(17) Any additional information required by the court
in its discretion.
(b)(1) The pre-placement investigative report shall be
filed with the court at the time of the filing of the petition
for adoption. The information to be included in the
pre-placement investigation shall be obtained within 12 months
preceding the filing of the petition for adoption.
(2) Upon completion of the pre-placement investigation,
the person or entity performing the investigation shall send a
copy of the pre-placement investigative report to the
petitioner or petitioners, except that the individual or
entity performing the investigation may omit the reference
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008 SB94 INTRODUCED
Page 37
entity performing the investigation may omit the reference
letters from the copy of the pre-placement investigative
report that is sent to the petitioner or petitioners.
(c) In cases when an adoptee has resided in the
petitioner's home prior to the filing of a petition for
adoption, the information required in the pre-placement
investigative report shall be included in the post-placement
investigative report and cannot be waived.
(d) In every adoption proceeding, after a child has
been placed in the home of the petitioner or petitioners, the
post-placement investigator shall 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. The individual or entity performing the
investigation shall complete and file the post-placement
investigative report with the court within 60 days from
receipt of notice of the proceeding and shall deliver a copy
of the post-placement investigative report to each
petitioner's attorney or to each petitioner appearing pro se.
The post-placement investigative report shall include, but is
not limited to, all of the following:
(1) Full and updated physical medical evaluations of
the adoptee.
(2) Full and updated psychological and mental health
evaluations of the adoptee, if applicable.
(3) The circumstances resulting in the placement of the
adoptee with the petitioners.
(4) The status of adjustment of the adoptee in the
home, including, but not limited to, the following:
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036 SB94 INTRODUCED
Page 38
home, including, but not limited to, the following:
a. The bonding of the adoptee to the household members.
b. The adoptee's academic, social, and medical status.
(5) Any counseling or therapeutic services involving
the adoptee or petitioners, or both.
(6) Any property or assets in which the adoptee has a
financial interest or is otherwise entitled to receive in the
future.
(7) Any current orders issued by another court:
a. Pertaining to the adoptee;
b. Pertaining to the petitioner or petitioners; or
c. Pertaining to both the adoptee and the petitioner or
petitioners.
(8) Updated letters of suitability, pursuant to Chapter
13 of Title 38, 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.
(9) Child abuse and neglect clearances pursuant to the
Adam Walsh Child Protection and Safety Act, Public Law
109-248, as amended, for all household members 14 years of age
and older from any state in which any petitioner has resided
in the preceding five years.
(10) A printed copy of the search on the Dru Sjodin
National Sex Offender Public Website for all household members
14 years of age and older from any state in which any
petitioners have resided.
(11) Any additional information required by the court
in its discretion.
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064 SB94 INTRODUCED
Page 39
in its discretion.
(e)(1) An individual or entity authorized to perform an
investigation under subsection (h) who has not already
performed an investigation for the pending adoption shall
perform an investigation on any legal or putative parent of
the adoptee in an adoption that is not a stepparent or
relative adoption under Sections 26-10E-26 and 26-10E-27. This
investigation shall include, but is not limited to, the
medical and social history of the legal or putative parents as
required by the form developed by the Alabama Probate Judges
Association the Alabama Law Institute.
(2) The individual or entity performing an
investigation required by subdivision (1) shall submit the
investigative report to the court within 60 days of the filing
of the petition, and the individual or entity performing the
investigation shall also deliver a nonidentifying copy of the
report to the petitioner or petitioners.
(3) Notwithstanding subdivisions (1) and (2), the court
may require additional information or accept the required
information provided in a different format.
(f) Any prospective petitioner or petitioners may
directly request an individual or entity listed under
subsection (h) to initiate a pre-placement investigation.
(g) Upon a showing of good cause and after notice to
the petitioners, the court may grant extensions of time to the
individual or entity performing any investigation under this
section to file an investigative report. The final judgment of
adoption shall not be rendered until such time as all required
investigative reports are completed, filed, and determined by
1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092 SB94 INTRODUCED
Page 40
investigative reports are completed, filed, and determined by
the court to be sufficient. An individual or married couple
may initiate a pre-placement investigation by request through
either of the following individuals:
(1) An individual authorized in the jurisdiction in
which the petitioner or petitioners reside.
(2) An individual 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
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.
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120 SB94 INTRODUCED
Page 41
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.
(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.
1121
1122
1123
1124
1125
1126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
1144
1145
1146
1147
1148 SB94 INTRODUCED
Page 42
Placement of Children Request Form.
(h) Any investigation required under this section
shall(f) The required pre-placement and post-placement
investigations must be performed by one of the following:
(1) The State Department of Human Resources.
(2) A licensed child placing child-placing agency.
(3) A social worker licensed by the Alabama Board of
Social Work Examiners who is also certified by the Alabama
Board of Social Work Examiners for private independent
practice in the social casework specialty, as provided in
Section 34-30-3.
(4) An individual or agency in the petitioner's
residential state that is authorized by that state to perform
such investigations.
(i)(g) Notwithstanding subdivision (f) subsection (h),
the court on its own motion may order the post-placement any
investigation under this section 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
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
1161
1162
1163
1164
1165
1166
1167
1168
1169
1170
1171
1172
1173
1174
1175
1176 SB94 INTRODUCED
Page 43
within 60 days from receipt of notice of the proceeding and
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 VIII of Section 44-2-20.
(j)(l) When an investigation has been conducted, the
investigatory investigative report shall not be conclusive but
may be considered along with other evidence.
1177
1178
1179
1180
1181
1182
1183
1184
1185
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204 SB94 INTRODUCED
Page 44
may be considered along with other evidence.
(k)(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 interest of the adoptee
(l) If applicable to the adoption, the court shall
ensure compliance with the Interstate Compact on the Placement
of Children, Article 2, Chapter 2 of Title 44. 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 ."
"§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 interest 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
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
1205
1206
1207
1208
1209
1210
1211
1212
1213
1214
1215
1216
1217
1218
1219
1220
1221
1222
1223
1224
1225
1226
1227
1228
1229
1230
1231
1232 SB94 INTRODUCED
Page 45
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
interest of the adoptee. Any contestant who is an individual
with a developmental disability 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 individual entitled to notice of the
proceeding.
(d) After hearing evidence at a At the conclusion of
the 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 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
1233
1234
1235
1236
1237
1238
1239
1240
1241
1242
1243
1244
1245
1246
1247
1248
1249
1250
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260 SB94 INTRODUCED
Page 46
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 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
a petition for adoption, the court shall enter a temporary
custody order determining each of the following:
a. Whether it is in the best interests interest 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
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
1261
1262
1263
1264
1265
1266
1267
1268
1269
1270
1271
1272
1273
1274
1275
1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
1287
1288 SB94 INTRODUCED
Page 47
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 or 26-10E-19.1, where applicable, has been filed
with the court, unless excluded under 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
1289
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313
1314
1315
1316 SB94 INTRODUCED
Page 48
(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 interest of the adoptee are
is served by the adoption.
(8) That each petitioner has been cleared through each
of the following background checks:
a. Letters of suitability, pursuant to Chapter 13 of
Title 38, for each adult living in the home of the petitioner
or petitioners based on the information available in this
state.
b. Child abuse and neglect clearances pursuant to the
Adam Walsh Child Protection and Safety Act, Public Law
109-248, as amended, for all household members 14 years of age
and older from any state in which any petitioners have resided
in the preceding five years.
c. A printed copy of the search on the Dru Sjodin
National Sex Offender Public Website for all household members
14 years of age and older. The Adam Walsh Child Protection and
Safety 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) That the petitioner has no known history of failure
to pay child support.
1317
1318
1319
1320
1321
1322
1323
1324
1325
1326
1327
1328
1329
1330
1331
1332
1333
1334
1335
1336
1337
1338
1339
1340
1341
1342
1343
1344 SB94 INTRODUCED
Page 49
to pay child support.
(10) A sworn statement of full accounting of
disbursements pursuant to Section 26-10E-23 26-10E-22, if
applicable, has been filed.
(11)(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:
(1) Shall also include the new name of the adoptee
after adoption, except: (i) in cases of relative adoption
under Section 26-10E-27 where the adoptee shares the
relative's same last name; or (ii) in cases where an adoptee
is 14 years of age or older and does not want to change his or
her name as provided in Section 26-10E-28, provided that the
final judgment may and shall not include any other name by
which the adoptee has been known or any names of the former
parent.;
(2) Shall 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 ; and
(3) Shall include any other information required by
federal law or federal regulation ."
"§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
1345
1346
1347
1348
1349
1350
1351
1352
1353
1354
1355
1356
1357
1358
1359
1360
1361
1362
1363
1364
1365
1366
1367
1368
1369
1370
1371
1372 SB94 INTRODUCED
Page 50
must have resided for a period of one year with the stepparent
petitioner.
(2)a. A limited An investigation shall be conducted to
determine the suitability of the stepparent petitioner and the
home in which the adoptee will reside resides, and the report
of the investigation, which shall include the information
required by subdivisions 26-10E-19(a)(1), (a)(2), and (a)(14)	,
but is not limited to, all of the following:
1. Excluding the legal parent of the adoptee, letters
of suitability pursuant to Chapter 13 of Title 38, for each
adult living in the home of the petitioner or petitioners
based on the information available in this state.
2. Excluding the legal parent of the adoptee, child
abuse and neglect clearances pursuant to the Adam Walsh Child
Protection and Safety Act, Public Law 109-248, as amended, for
all household members 14 years of age and older from any state
in which any petitioners have resided in the preceding five
years.
3. Excluding the legal parent of the adoptee, a printed
copy of the search on the Dru Sjodin National Sex Offender
Public Website for all household members 14 years of age and
older.
4. A home safety inspection indicating that the home of
the petitioner or petitioners is safe for adoptee's residency.
b. The limited investigation and which may also include
other information required by Section 26-10E-19 (a) as directed
by the court,. The limited investigation shall be filed with
the court no later than within 30 days of the date of the
filing of the petition.
1373
1374
1375
1376
1377
1378
1379
1380
1381
1382
1383
1384
1385
1386
1387
1388
1389
1390
1391
1392
1393
1394
1395
1396
1397
1398
1399
1400 SB94 INTRODUCED
Page 51
filing of the petition.
(3) The court, in its discretion, may require
additional information.
(4) The investigative report shall be submitted in a
form developed by the Alabama Probate Judges Association and
the Alabama Law Institute. The investigative report shall
contain information obtained within 12 months preceding the
hearing on the final judgment of adoption.
(5) The investigation shall be performed by one of the
following:
a. The State Department of Human Resources.
b. A licensed child-placing agency.
c. A social worker licensed by the Alabama Board of
Social Work Examiners who is also certified by the Alabama
Board of Social Work Examiners for private independent
practice in the social casework specialty, as provided in
Section 34-30-3.
(6) Other than those individuals and entities listed in
subdivision (5), the court on its own motion may order the
investigation be performed by an alternative individual or
entity when the court has cause to believe the investigation
is insufficient.
(7) When an investigation has been conducted, the
investigative report shall not be conclusive but may be
considered along with other evidence.
(8) The court may order the appointment of a court
representative to investigate and evaluate any matters
relating to adoption, including the best interest of the
adoptee.
1401
1402
1403
1404
1405
1406
1407
1408
1409
1410
1411
1412
1413
1414
1415
1416
1417
1418
1419
1420
1421
1422
1423
1424
1425
1426
1427
1428 SB94 INTRODUCED
Page 52
adoptee.
(9) 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
niece, in accordance with 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)a. 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), shall include, but is
not limited to, all of the following:
1. Letters of suitability, pursuant to Chapter 13 of
Title 38, for each adult living in the home of the petitioner
or petitioners based on the information available in this
state.
2. Child abuse and neglect clearances pursuant to the
Adam Walsh Child Protection and Safety Act, Public Law
109-248, as amended, for all household members 14 years of age
1429
1430
1431
1432
1433
1434
1435
1436
1437
1438
1439
1440
1441
1442
1443
1444
1445
1446
1447
1448
1449
1450
1451
1452
1453
1454
1455
1456 SB94 INTRODUCED
Page 53
109-248, as amended, for all household members 14 years of age
and older from any state in which any petitioners have resided
in the preceding five years.
3. A printed copy of the search on the Dru Sjodin
National Sex Offender Public Website for all household members
14 years of age and older.
4. A home safety inspection indicating that the home of
the petitioner or petitioners is safe for adoptee's residency.
b. The limited investigation and which may also include
other information required by Section 26-10E-19 (a) as directed
by the court, and shall be filed with the court . The limited
investigation shall be filed with the court within no later
than 30 days of the date of the filing of the petition.
(3) The court may require additional information.
(4) The investigative report shall be submitted in a
form developed by the Alabama Probate Judges Association and
the Alabama Law Institute. The investigative report shall
contain information obtained within 12 months preceding the
hearing on the final judgment of adoption.
(5) The investigation shall be performed by one of the
following:
a. The State Department of Human Resources.
b. A licensed child-placing agency.
c. A social worker licensed by the Alabama Board of
Social Work Examiners who is also certified by the Alabama
Board of Social Work Examiners for private independent
practice in the social casework specialty, as provided in
Section 34-30-3.
(6) Other than those individuals and entities listed in
1457
1458
1459
1460
1461
1462
1463
1464
1465
1466
1467
1468
1469
1470
1471
1472
1473
1474
1475
1476
1477
1478
1479
1480
1481
1482
1483
1484 SB94 INTRODUCED
Page 54
(6) Other than those individuals and entities listed in
subdivision (5), the court on its own motion may order the
investigation be performed by an alternative individual or
entity when the court has cause to believe the investigation
is insufficient.
(7) When an investigation has been conducted, the
investigative report shall not be conclusive but may be
considered along with other evidence.
(8) The court may order the appointment of a court
representative to investigate and evaluate any matters
relating to adoption, including the best interest of the
adoptee.
(9) No report of fees and charges under Section
26-10E-22 shall be made unless ordered by the court."
"§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
interest 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
1485
1486
1487
1488
1489
1490
1491
1492
1493
1494
1495
1496
1497
1498
1499
1500
1501
1502
1503
1504
1505
1506
1507
1508
1509
1510
1511
1512 SB94 INTRODUCED
Page 55
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 interest of
the adoptee.
(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)a. 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
1513
1514
1515
1516
1517
1518
1519
1520
1521
1522
1523
1524
1525
1526
1527
1528
1529
1530
1531
1532
1533
1534
1535
1536
1537
1538
1539
1540 SB94 INTRODUCED
Page 56
entered for good cause shown, except as provided in Section
22-9A-12(c).
b. Notwithstanding paragraph a., the adoptive parents,
their attorney of record, or the adoptee upon reaching the age
of majority as provided in Section 26-1-1 may petition the
court for a hearing to obtain a copy of the final judgment of
adoption or the interlocutory order of adoption.
(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
referred to in subsection (g) in a separate summary sheet to
the State 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
1541
1542
1543
1544
1545
1546
1547
1548
1549
1550
1551
1552
1553
1554
1555
1556
1557
1558
1559
1560
1561
1562
1563
1564
1565
1566
1567
1568 SB94 INTRODUCED
Page 57
(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 State Department of Human Resources and the
investigating agency's adoption records must shall be kept for
a minimum term of 75 years. If a licensed child placing
child-placing agency ceases to operate in Alabama, all
adoption records of the 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 State
Department of Human Resources or the licensed investigating
agency appointed by the court pursuant to Section 26-10E-19(b)
and (c) Section 26-10E-19(f) and (i) , 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.
1569
1570
1571
1572
1573
1574
1575
1576
1577
1578
1579
1580
1581
1582
1583
1584
1585
1586
1587
1588
1589
1590
1591
1592
1593
1594
1595
1596 SB94 INTRODUCED
Page 58
(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
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 	State
Department of Human Resources or a licensed child placing
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
1597
1598
1599
1600
1601
1602
1603
1604
1605
1606
1607
1608
1609
1610
1611
1612
1613
1614
1615
1616
1617
1618
1619
1620
1621
1622
1623
1624 SB94 INTRODUCED
Page 59
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
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 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."
1625
1626
1627
1628
1629
1630
1631
1632
1633
1634
1635
1636
1637
1638
1639
1640
1641
1642
1643
1644
1645
1646
1647
1648
1649
1650
1651
1652 SB94 INTRODUCED
Page 60
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 State 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
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,
upon request, shall 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 shall 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
1653
1654
1655
1656
1657
1658
1659
1660
1661
1662
1663
1664
1665
1666
1667
1668
1669
1670
1671
1672
1673
1674
1675
1676
1677
1678
1679
1680 SB94 INTRODUCED
Page 61
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
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 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 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
1681
1682
1683
1684
1685
1686
1687
1688
1689
1690
1691
1692
1693
1694
1695
1696
1697
1698
1699
1700
1701
1702
1703
1704
1705
1706
1707
1708 SB94 INTRODUCED
Page 62
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-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
26-10E-19, 26-10E-19.1, 26-10E-26, 26-10E-27, and Section
44-2-20."
"§26-10F-2
(a) 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 .
(b) For the purposes of this chapter, a de facto
parent-child relationship is formed when the petitioner or
petitioners have been the primary caregiver for an adoptee and
have provided the primary financial support for that adoptee
during the time that the adoptee resided with that petitioner
or petitioners during the adoptee's minority ."
"§26-10F-5
1709
1710
1711
1712
1713
1714
1715
1716
1717
1718
1719
1720
1721
1722
1723
1724
1725
1726
1727
1728
1729
1730
1731
1732
1733
1734
1735
1736 SB94 INTRODUCED
Page 63
"§26-10F-5
(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 shall 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 State 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.
1737
1738
1739
1740
1741
1742
1743
1744
1745
1746
1747
1748
1749
1750
1751
1752
1753
1754
1755
1756
1757
1758
1759
1760
1761
1762
1763
1764 SB94 INTRODUCED
Page 64
incapacitated person as defined in Section 26-2A-20.
(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 for at least one year 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-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:
(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 State Department of Human Resources.
(7) Any other individual designated by the court.
1765
1766
1767
1768
1769
1770
1771
1772
1773
1774
1775
1776
1777
1778
1779
1780
1781
1782
1783
1784
1785
1786
1787
1788
1789
1790
1791
1792 SB94 INTRODUCED
Page 65
(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 notice cannot be
perfected in accordance with the Alabama Rules of Civil
Procedure, the court may order an alternative method of
notice.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 individual or entity for whom
notice is 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 individual 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 shall be filed
1793
1794
1795
1796
1797
1798
1799
1800
1801
1802
1803
1804
1805
1806
1807
1808
1809
1810
1811
1812
1813
1814
1815
1816
1817
1818
1819
1820 SB94 INTRODUCED
Page 66
whom notice is required by this section must shall be filed
with the court before the dispositional hearing provided in
Section 26-10F-13."
"§26-10F-10
(a) All consents must shall 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 interest 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
interest of the incapacitated person, the court may proceed to
make any other orders it deems necessary for the adult
person's welfare, including 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 interest 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
1821
1822
1823
1824
1825
1826
1827
1828
1829
1830
1831
1832
1833
1834
1835
1836
1837
1838
1839
1840
1841
1842
1843
1844
1845
1846
1847
1848 SB94 INTRODUCED
Page 67
(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 Section Sections
26-10E-19, 26-10E-9.1, 26-10E-26, and 26-10E-27 .
(2) Any other inquiry that the court considers
advisable.
(c) Any investigation ordered by the court shall be
performed by the State 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 interest 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
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 notice of the
1849
1850
1851
1852
1853
1854
1855
1856
1857
1858
1859
1860
1861
1862
1863
1864
1865
1866
1867
1868
1869
1870
1871
1872
1873
1874
1875
1876 SB94 INTRODUCED
Page 68
(b) The court shall give at least 14 days 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
interest 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 At the conclusion of
the 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 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 hearing, the court shall consider
1877
1878
1879
1880
1881
1882
1883
1884
1885
1886
1887
1888
1889
1890
1891
1892
1893
1894
1895
1896
1897
1898
1899
1900
1901
1902
1903
1904 SB94 INTRODUCED
Page 69
(e) At the contested 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.
(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.
1905
1906
1907
1908
1909
1910
1911
1912
1913
1914
1915
1916
1917
1918
1919
1920
1921
1922
1923
1924
1925
1926
1927
1928
1929
1930
1931
1932 SB94 INTRODUCED
Page 70
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
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 interest of the adoptee are
1933
1934
1935
1936
1937
1938
1939
1940
1941
1942
1943
1944
1945
1946
1947
1948
1949
1950
1951
1952
1953
1954
1955
1956
1957
1958
1959
1960 SB94 INTRODUCED
Page 71
(6) That the best interests interest of the adoptee are
is 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) (c) 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 and 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).
(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:
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988 SB94 INTRODUCED
Page 72
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-15
(a) If determined to be in the best interests interest
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 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 State Department of Human Resources in the
manner prescribed by Section 26-10F-17(a)."
"§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 State Department
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016 SB94 INTRODUCED
Page 73
certified final judgment of adoption to the State 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 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 may 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, upon request, shall
create a Certificate of Foreign Birth and sealed file as
provided in Section 22-9A-12(i)."
"§30-3-4.2
(a) For the purposes of this section, the following
words terms have the following meanings:
(1) GRANDPARENT. The parent of a parent, whether the
relationship is created biologically or by adoption.
(2) HARM. A finding by the court, by clear and
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044 SB94 INTRODUCED
Page 74
(2) HARM. A finding by the court, by clear and
convincing evidence, that without court-ordered visitation by
the grandparent, the child's emotional, mental, or physical
well-being has been, could reasonably be, or would be
jeopardized.
(b) A grandparent may : (i) file an original action in a
circuit court where his or her grandchild resides or any other
court exercising jurisdiction with respect to the grandchild	; 
or (ii) file a motion to intervene in any action when any
court in this state has before it any issue concerning custody
of the grandchild, including a domestic relations proceeding
involving the parent or parents of the grandchild, for
reasonable visitation rights with respect to the grandchild if
any of the following circumstances exist:
(1) An action for a divorce or legal separation of the
parents has been filed , or the marital relationship between
the parents of the child has been severed by death or divorce.
(2) The child was born out of wedlock and the
petitioner is a maternal grandparent of the child.
(3) The child was born out of wedlock, the petitioner
is a paternal grandparent of the child, and paternity has been
legally established.
(4) An action to terminate the parental rights of a
parent or parents has been filed or the parental rights of a
parent has been terminated by court order; provided, however,
the right of the grandparent to seek visitation terminates if
the court approves a petition for adoption by an adoptive
parent, unless the visitation rights are allowed pursuant to
Section 26-10A-30. 26-10E-29.
2045
2046
2047
2048
2049
2050
2051
2052
2053
2054
2055
2056
2057
2058
2059
2060
2061
2062
2063
2064
2065
2066
2067
2068
2069
2070
2071
2072 SB94 INTRODUCED
Page 75
Section 26-10A-30. 26-10E-29.
(c)(1) There is a rebuttable presumption that a fit
parent's decision to deny or limit visitation to the
petitioner is in the best interest of the child.
(2) To rebut the presumption, the petitioner shall
prove both of the following by clear and convincing evidence ,
both of the following :
a. The petitioner has established a significant and
viable relationship with the child for whom he or she is
requesting visitation.
b. Visitation with the petitioner is in the best
interest of the child.
(d) To establish a significant and viable relationship
with the child, the petitioner shall prove any of the
following by clear and convincing evidence any of the
following:
(1)a. The child resided with the petitioner for at
least six consecutive months with or without a parent present
within the three years preceding the filing of the petition.
b. The petitioner was the caregiver to the child on a
regular basis for at least six consecutive months within the
three years preceding the filing of the petition.
c. The petitioner had frequent or regular contact with
the child for at least 12 consecutive months that which
resulted in a strong and meaningful relationship with the
child within the three years preceding the filing of the
petition.
(2) Any other facts that establish the loss of the
relationship between the petitioner and the child is likely to
2073
2074
2075
2076
2077
2078
2079
2080
2081
2082
2083
2084
2085
2086
2087
2088
2089
2090
2091
2092
2093
2094
2095
2096
2097
2098
2099
2100 SB94 INTRODUCED
Page 76
relationship between the petitioner and the child is likely to
harm the child.
(e) To establish that visitation with the petitioner is
in the best interest of the child, the petitioner shall prove
by clear and convincing evidence all of the following by clear
and convincing evidence :
(1) The petitioner has the capacity to give the child
love, affection, and guidance.
(2) The loss of an opportunity to maintain a
significant and viable relationship between the petitioner and
the child has caused or is reasonably likely to cause harm to
the child.
(3) The petitioner is willing to cooperate with the
parent or parents if visitation with the child is allowed.
(f) The court shall make specific written findings of
fact in support of its rulings.
(g)(1) A grandparent or grandparents who are married to
each other may not file a petition seeking an order for
visitation more than once every 24 months absent a showing of
good cause. The fact that a grandparent or grandparents who
are married to each other have petitioned for visitation shall
not preclude another grandparent from subsequently petitioning
for visitation within the 24-month period. After an order for
grandparent visitation has been granted, the parent, guardian,
or legal custodian of the child may file a petition requesting
the court to modify or terminate a grandparent's visitation
time with a grandchild.
(2) The court may modify or terminate visitation upon
proof that a material change in circumstances has occurred
2101
2102
2103
2104
2105
2106
2107
2108
2109
2110
2111
2112
2113
2114
2115
2116
2117
2118
2119
2120
2121
2122
2123
2124
2125
2126
2127
2128 SB94 INTRODUCED
Page 77
proof that a material change in circumstances has occurred
since the award of grandparent visitation was made and a
finding by the court that the modification or termination of
the grandparent visitation rights is in the best interest of
the child.
(h) The court may award any party reasonable expenses
incurred by or on behalf of the party, including costs,
communication expenses, attorney's attorney fees, guardian ad
litem fees, investigative fees, expenses for court-appointed
witnesses, travel expenses, and child care during the course
of the proceedings.
(i)(1) Notwithstanding any provisions of this section
to the contrary, a:
(1) A petition filed by a grandparent having standing
under Chapter 10A 10E of Title 26, seeking visitation shall be
filed in probate court and is governed by Section 26-10A-30
26-10E-29, rather than by this section if either of the
following circumstances exists:
a. The grandchild has been the subject of an adoption
proceeding other than the one creating the grandparent
relationship.
b. The grandchild is the subject of a pending or
finalized adoption proceeding.
(2) Notwithstanding any provisions of this section to
the contrary, a A grandparent seeking visitation pursuant to
Section 12-15-314 shall be governed by that section rather
than by this section ; and.
(3) Notwithstanding any provisions of this section to
the contrary, a A parent of a parent whose parental rights
2129
2130
2131
2132
2133
2134
2135
2136
2137
2138
2139
2140
2141
2142
2143
2144
2145
2146
2147
2148
2149
2150
2151
2152
2153
2154
2155
2156 SB94 INTRODUCED
Page 78
the contrary, a A parent of a parent whose parental rights
have been terminated by a court order in which the petitioner
was the State Department of Human Resources, shall not be
awarded any visitation rights pursuant to this section.
(j) The right of a grandparent to maintain visitation
rights pursuant to this section terminates upon the adoption
of the child except as provided by Section 26-10A-30
26-10E-29.
(k) All of the following are necessary parties to any
action filed under this section:
(1) Unless parental rights have been terminated, the
parent or parents of the child.
(2) Every other person who has been awarded custody or
visitation with the child pursuant to court order.
(3) Any agency having custody of the child pursuant to
court order.
(l) In addition, upon filing of the action, notice
shall be given to all other grandparents of the child. The
petition shall affirmatively state the name and address upon
whom notice has been given.
(m) Service and notice shall be made in the following
manner:
(1) Service of process on necessary parties shall be
made in accordance with the Alabama Rules of Civil Procedure.
(2) As to any other person to whom notice is required
to be given under subsection (l), notice shall be given by
first class mail to the last known address of the person or
persons entitled to notice. Notice shall be effective on the
third day following mailing.
2157
2158
2159
2160
2161
2162
2163
2164
2165
2166
2167
2168
2169
2170
2171
2172
2173
2174
2175
2176
2177
2178
2179
2180
2181
2182
2183
2184 SB94 INTRODUCED
Page 79
third day following mailing.
(n) Notwithstanding the foregoing, the notice
requirements provided by this section may be limited or waived
by the court to the extent necessary to protect the
confidentiality and the health, safety, or liberty of a person
or a child.
(o) Upon filing an action under this section , and after
giving special weight to the fundamental right of a fit parent
to decide which associations are in the best interest of his
or her child, the court may, after a hearing, may enter a
pendente lite order granting temporary visitation rights to a
grandparent, pending a final order, if the court determines
from the evidence that : (i) the petitioner has established a
significant and viable relationship with the child for whom he
or she is requesting visitation ,; (ii) visitation would be in
the best interest of the child ,; and (iii) any of the
following circumstances exist:
(1) The child resided with the grandparent for at least
six consecutive months within the three years preceding the
filing of the petition.
(2) The grandparent was the caregiver of the child on a
regular basis for at least six consecutive months within the
three years preceding the filing of the petition.
(3) The grandparent provided significant financial
support for the child for at least six consecutive months
within the three years preceding the filing of the petition.
(4) The grandparent had frequent or regular contact
with the child for at least 12 consecutive months within the
three years preceding the filing of the petition.
2185
2186
2187
2188
2189
2190
2191
2192
2193
2194
2195
2196
2197
2198
2199
2200
2201
2202
2203
2204
2205
2206
2207
2208
2209
2210
2211
2212 SB94 INTRODUCED
Page 80
three years preceding the filing of the petition.
(p) As a matter of public policy, this section
recognizes the importance of family and the fundamental rights
of parents and children. In the context of grandparent
visitation under this section, a fit parent's decision
regarding whether to permit grandparent visitation is entitled
to special weight due to a parent's fundamental right to make
decisions concerning the rearing of his or her child.
Nonetheless, a parent's interest in a child must shall be
balanced against the long-recognized interests of the state as
parens patriae. Thus, as applied to grandparent visitation
under this section, this section balances the constitutional
rights of parents and children by imposing an enhanced
standard of review and consideration of the harm to a child
caused by the parent's limitation or termination of a prior
relationship of a child to his or her grandparent."
Section 2. Section 26-10E-19.1 is added to the Code of
Alabama 1975, to read as follows:
§26-10E-19.1
(a) If an adoptee is in the permanent custody of the
State Department of Human Resources, no judgment for adoption
of the adoptee may be entered until the investigative report
under this section has been completed and filed with the
court. The investigation shall include, but is not limited to,
all of the following:
(1) Letters of suitability pursuant to Chapter 13 of
Title 38 for each adult living in the home of the petitioner
or petitioners based on the information available in this
state and the petitioner's place of residence if other than
2213
2214
2215
2216
2217
2218
2219
2220
2221
2222
2223
2224
2225
2226
2227
2228
2229
2230
2231
2232
2233
2234
2235
2236
2237
2238
2239
2240 SB94 INTRODUCED
Page 81
state and the petitioner's place of residence if other than
this state. 
(2) Child abuse and neglect clearances pursuant to the
Adam Walsh Child Protection and Safety Act, Public Law
109-248, as amended, for all household members 14 years of age
and older from any state in which any petitioner has resided
in the preceding five years.
(3) A printed copy of the search on the Dru Sjodin
National Sex Offender Public Website for all household members
14 years of age and older.
(4) Six reference letters, four of which are from
individuals unrelated to the petitioner or petitioners by
blood or marriage. The other two reference letters shall be
from individuals related to the petitioner by blood or
marriage. If there are two petitioners, a member from each
petitioner's family shall submit a reference letter.
(5) Medical reports on all individuals living in the
home and letters from prescribing doctors for any controlled
substance prescriptions.
(6) The financial worksheets for each petitioner for
the previous tax year or a copy of the previous year's tax
returns.
(7) Copies of each petitioner's birth certificate and
marriage license or marriage certificate.
(8) Copies of any divorce decrees and settlement
agreements pursuant to the divorce, if applicable.
(9) Copies of any death certificates, if applicable.
(10) A written biography of each petitioner, including
medical and social history.
2241
2242
2243
2244
2245
2246
2247
2248
2249
2250
2251
2252
2253
2254
2255
2256
2257
2258
2259
2260
2261
2262
2263
2264
2265
2266
2267
2268 SB94 INTRODUCED
Page 82
medical and social history.
(11) A home safety inspection indicating that the home
of the petitioner or petitioners is safe for the adoptee's
residency.
(12) Any custody orders:
a. Pertaining to the adoptee;
b. Pertaining to the petitioner or petitioners; or
c. Pertaining to both the adoptee and the petitioner or
petitioners.
(13) The updated medical and mental health histories of
the adoptee. This information shall also be provided to the
petitioner or petitioners prior to the final judgment of
adoption being entered.
(14) The medical and mental health histories of the
adoptee's biological parents, if their identities are known. A
nonidentifying copy of this information shall be delivered to
the petitioner or petitioners.
(15) Any property or assets in which the adoptee has a
financial interest or is otherwise entitled to receive in the
future.
(16) Any other circumstances that may be relevant to
the placement of the adoptee with the petitioner or
petitioners.
(17) Any other requirement pursuant to Title 660 of the
Alabama Administrative Code or any other rule adopted by the
State Department of Human Resources.
(18) Any additional information required by the court
in its discretion.
(b) The investigative report shall be submitted in a
2269
2270
2271
2272
2273
2274
2275
2276
2277
2278
2279
2280
2281
2282
2283
2284
2285
2286
2287
2288
2289
2290
2291
2292
2293
2294
2295
2296 SB94 INTRODUCED
Page 83
(b) The investigative report shall be submitted in a
form developed by the State Department of Human Resources in
conjunction with the Alabama Probate Judges Association and
the Alabama Law Institute. The investigative report shall be
filed with the court prior to the hearing on the final
judgment of adoption. The investigative report shall contain
information obtained within 12 months preceding the hearing on
the final judgment of adoption. 
(c) No report of fees and charges under Section
26-10E-22 shall be made unless ordered by the court.
(d) The required investigation shall be performed by
the State Department of Human Resources.
(e) When an investigation has been conducted, the
investigative report shall not be conclusive but may be
considered along with other evidence.
(f) The court may order the appointment of a court
representative to investigate and evaluate any matters
relating to adoption, including the best interest of the
adoptee.
(g) If applicable to the adoption, the court shall
ensure compliance with the Interstate Compact on the Placement
of Children, Article 2, Chapter 2 of Title 44. 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.  
Section 3. This act shall become effective on January
1, 2026.
2297
2298
2299
2300
2301
2302
2303
2304
2305
2306
2307
2308
2309
2310
2311
2312
2313
2314
2315
2316
2317
2318
2319
2320
2321
2322