Consent to Adoption
State-Specific Search Results

Alabama

Who May Adopt

Statute:
§§ 26-10A-7; 26-10A-8
The mother.
The presumed father, regardless of paternity.
The agency to whom the child has been relinquished.
The putative father if he has responded to notice.
A minor parent, to whom a guardian ad litem must be appointed.

Age When Consent of Adoptee is Considered or Required

Statute:
§ 26-10A-7
A child 14 years or older must consent to the adoption, except where the court finds that the child does not have the mental capacity to consent.


When Parental Consent is not Needed

Statute:
§§ 26-10A-9; 26-10A-10
Parent has:
Abandoned the child.
Fails to respond to notice.
Has had rights terminated.
Is found to be incompetent.
Has relinquished child to placing agency.
Is deceased
Alleged father signs affidavit denying paternity.
Natural father unknown


When Consent Can Be Executed

Statute:
§ 26-10A-13
Any time prior to or after the birth of the child.


How Consent Must Be Executed

Statute:
§§ 26-10A-11; 26-10A-12
Consent of mother before birth must be signed and confirmed before a probate judge.
Other consents may be executed in presence of judge, court clerk, or any public officer, or a person appointed by an agency authorized to take consents, or notary public.


Revocation of Consent

Statute:
§§ 26-10A-13; 26-10A-14
Can be withdrawn for any reason within 5 days of birth of child or signing of consent; within 14 days if court finds it consistent with child's best interest.
Can be withdrawn any time prior to final decree for fraud, duress, undue influence, or mistake.