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Adoption
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Who can Adopt? Adults Is there an age limit? May singles adopt?
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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.
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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
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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
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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.
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Withdrawal of release Anytime before birth or
Within 5 days after birth Within 14 days afterbirth with cause
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Investigation of Adopting Parents
Pre-placement- Up to 24 months before adoption Post placement within 45 days after placement May be waived (rare)
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Necessary Parties Adopting parties Birth parents Child Probate Judge
Lawyer Guardian ad Litem Department of Human Services or Licensed Child Placing Agency
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Birth Records Birth certificate Non-identifying records
Intermediary Court release
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Putative Father Registry
Man may request DHR to be placed on Registry Before birth Within 30 days after birth
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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
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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
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Step Parent Adoption Petition Consent Adoption order
Report of Adoption
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Solo and Small Firm Section of the Alabama Bar.
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