Alabama Adoption Laws, Page 3

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Consent to Adoption

Who Must Consent to an Adoption

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 of age 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

• The parent has:
  • Abandoned the child
  • Failed to respond to notice
  • Had his or her rights terminated
  • Been found to be incompetent
  • Relinquished the child to a child-placing agency or the department
  • The parent is deceased.
  • An alleged father signs an affidavit denying paternity.
  • The natural father is 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

• The consent of the mother given before the birth of the child must be signed and confirmed before a probate judge.
  
• Other consents may be executed in the presence of a judge, court clerk, or any public officer, a person appointed by an agency authorized to take consents, or a notary public.

Revocation of Consent

Statute: §§ 26-10A-9; 26-10A-13; 26-10-14

• Consent that is implied by reason of abandonment of the child, as provided in § 26-10A-9(a), may not be withdrawn by any person.
  
• Consent can be withdrawn for any reason within 5 days of the birth of the child or the signing of consent, or within 14 days if the court finds it consistent with the child's best interest.
  
• Consent can be withdrawn any time prior to the final adoption decree for fraud, duress, undue influence, or mistake.
  

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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