Alabama Grandparent Adoption

What if Parents Will Not Consent?

The short answer to that question is: you don’t actually need the parent’s express consent.

If you are a Grandparent in Alabama and you are raising your grandchild, chances are you didn’t dream about this when you were raising your own kids. But, here you are. And you’re making the best of it.

If, for whatever reason, your children have not put effort into raising their children for some significant period of time, you are probably starting to think about adoption. You’re probably starting to be concerned that your grandchild is bonding to you as their primary caregiver. And you want to be able to protect your grandchild from the possibility of their parents coming back, willy-nilly, to disrupt your grandchild’s healthy progress in your home.

Express & Implied

There are two kinds of consent in Alabama: express consent and implied consent.

Express consent is where a parent actually signs their name to a document.

Implied consent is where the court finds that because of a parent’s acts or failure to act, the parent has given consent to the adoption.

Implied consent is very common. And it’s really good news for many grandparents in Alabama. In many situations, the parents cannot be found. Or, if they can be found, they lack the maturity to see what’s best for their child.

What qualifies as implied consent?

• If a parent has abandoned the child for 4 months right before an adoption petition is filed;
• If the father fails to support the mother during the last 4 months of pregnancy;
• If a parent didn’t provide financial support or communication (significant parental relationship) for the 4 months right before an adoption petition is filed;
• If a parent does receive notice of the adoption and doesn’t respond within 30 days;
• If a putative father doesn’t sign the putative father registry within 30 days of the birth of the child.

One important thing to keep in mind is that implied consent cannot be later withdrawn by good acts.

To discuss the facts of your individual case, reach out for a consultation at 334-546-2009.