BASICS OF ADOPTION LAW IN ALABAMA:
Consent
When dealing with consent to an adoption the law can become tricky. The following outlines the consent requirements of Adoption in Alabama. [1] WHOSE CONSENT TO THE ADOPTION IS REQUIRED? a. The adoptee, if 14 years or older unless mentally incapable of giving consent b. The adoptee’s mother c. The adoptee’s presumed father if he meets the requirements set forth by the law d. The agency to whom the adoptee has been relinquished or which holds permanent custody, except that a court may grant an adoption without the agency’s consent when it would be in the child’s best interest and the agency’s withholding of consent is unreasonable. e. The putative father if known, provided that he responds within 30 days after receiving notice of the adoption. f. Others as required by Alabama law. CAN A MINOR CONSENT TO THE ADOPTION OF HIS OR HER CHILD? Yes, however, prior to such consent the court must appoint the minor parent a guardian ad litem to represent the minor’s interests. A minor who is 14 years of age or older can nominate a guardian ad litem to protect his or her interests. WHEN, WHERE AND IN WHAT FORM MUST A CONSENT OR RELINQUISHMENT FOR ADOPTION BE GIVEN? A consent or relinquishment for adoption may be given at any time. The pre-birth consent of the mother must be signed or confirmed before a Probate Judge. All other pre-birth or post-birth consents or relinquishments must be signed or confirmed before the Probate Judge or clerk of the Probate Court, or someone appointed by that Court to do such, a person appointed by the agency conducting the investigation, or a notary public. The consent or relinquishment must be in substantially the same form as provided in the adoption code and must be in writing and signed by the person consenting or relinquishing. WHEN MAY A CONSENT OR RELINQUISHMENT BE WITHDRAWN? A consent or relinquishment may be withdrawn for any reason five days after the birth of the adoptee or five days after the signing of the consent or relinquishment, whichever occurs later. The time to withdraw the consent or relinquish-ment can be extended to 14 days if the court finds that such delay is reasonable under the circumstances and is in the best interest of the child. Article by Corey Colbert Photo by libertygrace0. Corey Colbert is a third-year law student at Faulkner University’s Thomas Goode Jones School of Law. Corey is a member of Fannin Road Baptist Church, where he is currently serving as the temporary Music Director. Corey lives in Montgomery.
