Adoption

Who can Adopt? Adults Is there an age limit? May singles adopt?

Who may be adopted? Minors Adults Totally or permanently disabled Mentally retarded Adult consents in writing must be related by marriage. Adopting parents are husband and wife.

Who must Consent? Mother Presumed father Putative father who is on father’s registry Agency with custody Adoptee 14 or older Adult adoptee under special statute

Implied Consent Abandonment for 6 months Leaving child without identification 30 days. Leaving child with others without maintaining parental relationship 6 months. Failure to answer adoption petition Minor father by his actions

Prebirth Consent Mother must go before Probate Judge Consent must be on special form Fathers consent may be notarized Minor mother must have G.A.L. 14 and older may nominate G.A.L.

Withdrawal of release Anytime before birth or Within 5 days after birth Within 14 days afterbirth with cause

Investigation of Adopting Parents Pre-placement- Up to 24 months before adoption Post placement within 45 days after placement May be waived (rare)

Necessary Parties Adopting parties Birth parents Child Probate Judge Lawyer Guardian ad Litem Department of Human Services or Licensed Child Placing Agency

Birth Records Birth certificate Non-identifying records Intermediary Court release

Putative Father Registry Man may request DHR to be placed on Registry Before birth Within 30 days after birth

Adoption Process/ Sample Forms Pre-placement DHR investigation <24 months Fees held in escrow until approved Petition filled in Probate Office Consent of parents G.A.L. appointed Health facility release (if child leaves hospital with non parent)) Parent affidavit concerning receiving funds Adopting parents affidavit concerning any funds paid. Interlocutory decree Post placement DHR investigation <45 days Report of adoption Final decree Adoption records Identifying Non identifying

Step Parent Adoption Petition of stepparent Must have lived with child one year Pre-placement investigation not required Consent of Parent unless parental rights Terminated Adoption/biological parent

Step Parent Adoption Petition Consent Adoption order Report of Adoption

Solo and Small Firm Section of the Alabama Bar.