Alabama’s current adoption code was ratified in 1991 and has served the State and its families and its children well. But, it’s days are numbered. On December 31, 2023, it will be retired and the new and improved adoption code will go live on January 1, 2024.
There are trainings being held across the State to help adoptive parents, attorneys, social workers, and judges understand the new adoption code. In addition to in-person trainings, The Adoption Law Firm will try to provide a steady drip of the more impactful changes.
One of the most interesting editions to the new adoption code is the probate court’s power to adjudicate paternity. Section 26-10E-7(c) states that
Notwithstanding any law to the contrary, a court having jurisdiction over a case under this chapter shall have the power to determine the biological or legal parentage of a minor to ascertain whose consent shall be required or to adjudicate any other claim or issue in the case.
The probate court has never had the power to adjudicate paternity. In bygone eras, only the child support court, juvenile court, or family court would have authority to change a man’s status from alleged to legal father. I anticipate that this provision will definitely get airtime with the Court of Civil Appeals.
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