The consent may be signed any time before or after birth. If the expectant mother is under the age of 19, Alabama state law requires the appointment of a guardian to represent her best interests.This guardian is usually an attorney.
Pre-consents are allowed in the state of Alabama.
Revocation Time Frame in Alabama
The consent may be revoked five days after signing or five days after the birth, if the consent was prebirth. The birth parents have an additional nine days after that to submit a form to the court showing misrepresentation or duress.The consent may also be withdrawn within one year if it was obtained by fraud, duress, mistake or undue influence.
You may wish to review this introductory text to better understand the
information contained in your State's statute. To see how your State addresses
this issue, visit the State Statutes Search
(www.naic.acf.hhs.gov/general/legal/statutes/search/).
In order for an adoption to take place, a person available to be adopted must
be placed in the home of a person or persons eligible to adopt. All States, the
District of Columbia, and the U.S. territories of American Samoa, Guam, Puerto
Rico, the Northern Mariana Islands, and the Virgin Islands have laws that
specify which persons are eligible as adopting parents and which persons can be
adopted. In addition, most States, the District of Columbia, and the territories
have laws that designate which persons or entities have the authority to make
adoptive placements.
Who May Adopt
In general, any single adult or a husband and wife jointly can be eligible to
adopt. In addition, a stepparent can adopt the birth child of his or her
spouse.1 In
approximately2 17
States3 and the
District of Columbia, there are no additional conditions specified. In some
States, married persons may adopt singly if they are legally separated from
their spouse or if their spouse is legally incompetent.
In approximately six States (Kentucky, Louisiana, Montana, New Jersey,
Tennessee, and Washington), the age of adulthood for purposes of adoption is 18;
three States (Colorado, Delaware, and Oklahoma) and American Samoa set the age
at 21; and Georgia and Idaho specify age 25. A few States allow minors to adopt
under certain circumstances, such as when the minor is the spouse of an adult
adoptive parent, or when the minor is the unmarried birth parent of the child to
be adopted.
In approximately six States (California, Georgia, Nevada, New Jersey, South
Dakota, and Utah) and the Northern Mariana Islands, the adopting parents must be
at least 10 years older than the person to be adopted. In Puerto Rico, the
adopting parent must be at least 14 years older; in Idaho, the parent must be at
least 15 years older.
Approximately 17 States4, Guam, the Northern Mariana Islands, Puerto Rico, and the
Virgin Islands require that petitioners for adoption be State residents. The
required period of residency ranges from 60 days to 1 year. There are exceptions
to the residency requirement in some States. For example, in South Carolina and
Indiana, a nonresident can adopt a special needs child; in Illinois,
Mississippi, New Mexico, and Rhode Island, a nonresident may adopt through an
agency.
Gay and Lesbian Adoption
The statutory laws in most States are largely silent on the issue of adoption
by gay and lesbian persons. At this time, only two States, Florida and
Mississippi, explicitly prohibit adoption by homosexuals in their statutes. Utah
bars adoption by persons who are cohabiting but not legally married; this
language could be interpreted to encompass gay and lesbian adoptions. In
Connecticut, the sexual orientation of the prospective adoptive parent may be
considered, notwithstanding provisions in the State's laws prohibiting
discrimination based on sexual orientation.
Who May Be Adopted
All States, the District of Columbia, and the U.S. territories permit the
adoption of a child. Three States (Colorado, Indiana, and Rhode Island),
American Samoa, and the Northern Mariana Islands specify that the child must be
under age 18. Four States (Connecticut, Delaware, Montana, and Wisconsin),
American Samoa, and Guam specify in statute that the child must be legally free
for adoption. Six States (Arizona, Colorado, South Carolina, Texas, Wisconsin,
and Wyoming), American Samoa, and the Virgin Islands require that the child to
be adopted must be present in the State at the time the petition is filed. Iowa
requires that the child must have resided for a minimum period of 180 days in
the home of the prospective adoptive parents.
Approximately 26 States5 and the District of Columbia allow the adoption of any
person, regardless of age. Rhode Island, American Samoa, and the Northern
Mariana Islands allow parties to petition the court for the adoption of persons
over age 18 but under age 21. Nevada specifies that the adult to be adopted must
be younger than the adoptive parent, and West Virginia allows a resident of that
State to adopt an adult.
Alabama restricts adoption of adults to persons who are permanently and
totally disabled or mentally retarded. Ohio allows adoption of an adult only
when the person is permanently disabled, mentally retarded, or a stepchild or
foster child with whom the relationship was established while the child was a
minor. Idaho, Illinois, and South Dakota require that the adopting parent be in
a sustained parental relationship for a specified period of time, ranging from 6
months to 2 years, with the adult to be adopted. Virginia allows the adoption of
an adult stepchild, niece, or nephew, as long as the adopted person resided in
the home for at least 3 months prior to reaching adulthood and is at least 15
years younger than the adopting parent.
Who May Place a Child for Adoption
In general, any person or entity who has the right of consent to a child may
place that child for adoption. Such persons include the birth parents or the
child's legal guardian or guardian ad litem; legal entities include State
Departments of Social Services or child-placing agencies. All States (except
Arkansas), the District of Columbia, and all the U.S. territories (excluding the
Northern Mariana Islands) specifically designate which persons or entities hold
the authority to make adoptive placements.
Most States allow "nonagency" placements of children for adoption, often
referred to as "private" or "independent" adoption. One type of private adoption
allowed in most States is the "direct placement" of a child by the birth parent
with an adoptive family. Many States that allow direct placement have detailed
statutory regulation in order to protect the interests of the parties to the
adoption.
Approximately six States (Alaska, Delaware, Illinois, Indiana, Ohio, and West
Virginia) require that all adoptive placements be made by the State Departments
of Human or Social Services or child-placing agencies that are licensed by the
State or meet certain standards. In four States (Florida, Kentucky, Minnesota,
and Rhode Island), parents who wish to make private placements must first obtain
permission from the Department or the court.
A few States allow the use of intermediaries in arranging private placements.
These intermediaries are usually attorneys, and their activities, as well as the
compensation they are allowed to accept, are strictly regulated. 6
To see how your State addresses this issue, visit the State Statutes Search
(www.naic.acf.hhs.gov/general/legal/statutes/search/).
To find information on all of the States and territories, view the complete
PDF, State Statutes Series 2004 Parties to an Adoption: Summary of State Laws
(www.naic.acf.hhs.gov/general/legal/statutes/partiesall.pdf) (PDF - 530 KB).
1 A parent can usually adopt a stepchild without
the spouse (the birth parent) joining in the petition, as long as the spouse
consents to the adoption.back 2 The word approximately is used to stress the
fact that the statutes are constantly being revised and updated. back 3 In Maryland,
North Carolina, Pennsylvania, and Texas, any adult may adopt. In Alabama,
Arizona, Hawaii, Kansas, Louisiana, Maine, Massachusetts, Michigan, Missouri,
Nebraska, and Virginia, a single adult and married couples jointly may adopt. In
Vermont, any adult and a parent's partner may adopt.back 4Arizona,
Delaware, Georgia, Idaho, Illinois, Indiana, Kentucky, Minnesota, Mississippi,
New Mexico, Oregon, Rhode Island, South Carolina, Tennessee, Virginia,
Wisconsin, and Wyoming. back 5Alaska, Arkansas, Florida, Georgia, Hawaii, Kansas,
Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana,
Nebraska, New Hampshire, New York, North Carolina, North Dakota, Oklahoma,
Oregon, Pennsylvania, Tennessee, Utah, Vermont, Washington, and Wyoming. back 6For additional
information about the use of intermediaries, see the NAIC publication Use of
Advertising and Facilitators in Adoptive Placements on the NAIC website.back
The Statutes-at-a-Glance listings summarize specific sections of
each State's code. While every attempt has been made to be as complete as
possible, additional information on these topics may be in other sections of a
State's code as well as in agency regulations, case law, and informal practices
and procedures. Readers interested in interpretation of specific statutory
provisions within an individual jurisdiction should consult with professionals
within the State familiar with the statutes' implementation
It is
permitted to pay maternity-connected medical or hospital and necessary living
expenses of the mother preceding and during pregnancy-related incapacity, as an
act of charity.
Birth Parent Expenses Not Allowed
Not addressed in
statues reviewed
Allowable Payments for Arranging Adoption Statute: §§
26-10A-23(a); 26-10A-34(b)
No person or other
entity may accept a fee for bringing the adopting parent together with the
adoptee or natural parents, or for placing, assisting, or arranging a minor
placement.
Allowable Payments for Relinquishing Child Statute: §§
26-10A-23(d); 26-10A-34
The adoptive
parents and the parents surrendering the child must attest that no money or
other things of value have been paid or received for giving up the child for
adoption.
Allowable Fees Charged by Department/Agency Statute: §
26-10-4.1
The department shall collect a
fee of $300.00 for investigation services they perform in cases involving
adoption except for cases in which a child was placed for adoption as a result
of a court order in which parental rights for the child were terminated.
The department may waive this
fee in the case of an indigent or for good cause shown.
Accounting of Expenses Required by Court Statute: §
26-10A-23(b)-(c)
The petitioners must file a
sworn statement that is a full accounting of all charges, fees, and expenses to
be paid.
If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.
DISCLAIMER
American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.
American Adoptions, a private adoption agency founded on the belief that lives of children can be bettered through adoption, provides safe adoption services to children, birth parents and adoptive families by educating, supporting and coordinating necessary services for adoptions throughout the United States. For more information on American Adoptions please call 1-800-ADOPTION (236-7846).
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