Alabama Relinquishment, Consent, Revocation laws
Alabama
Who Must Consent:
- The mother.
- The presumed father, regardless of paternity if married to the mother.
- The agency to whom the child has been relinquished.
- The putative father if he has responded to notice.
- A guardian ad litem must be appointed for a minor parent.
Consent of Adoptee:
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:
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 Relinquishment Can Be Signed:
Any time prior to or after the birth of the child (see statute), however the termination process does not occur until after birth (see Time for Revocation below).
How Relinquishment Must Be Signed:
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 notary public.
Time for Revocation:
- Can be withdrawn for any reason within 5 days of birth of child or signing of consent, whichever comes later; within 14 days if court finds it consistent with child's best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- Can be withdrawn any time prior to final decree for fraud, duress, undue influence, or mistake.
Adapted from materials prepared by the National Adoption Information Clearinghouse.
