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Who may adopt?
Who may be adopted?
Are consents required?
(1) the adoptee who is fourteen (14) years or older;
(2) the adoptee's mother;
(3) the adoptee's presumed father if he meets one of the conditions under § 26-10A-6(3) of the Alabama Code (1975);
(4) the adoption placement agency unless consent is waived by the court pursuant to § 26-10A-6(4) of the Alabama Code (1975).; and
(5) the putative father if he complies with § 26-10C-1 of the Alabama Code (1975) and he responds to the notice within thirty (30) days.
Can consent be implied?
(1) "prebirth abandonment" of the adoptee;
(2) leaving the adoptee without provision for his or her identification for a period of thirty (30) days;
(3) knowingly leaving the adoptee with others without provision for support and with communication for a period of six (6) months;
(4) receiving notification of the pendency of the adoption proceedings and failing to answer or respond within thirty (30) days;
(5) failing to comply with the putative father registry, section 26-10C-1.
Alabama adoption law is purely statutory in nature. If you fail to comply with the statutory provisions, you run the risk of having your adoption petition being denied by the probate court or worse, being reversed on appeal. Hays v. Hays, 946 So. 2d 867, 870 (Ala. Civ. App. 2006) (reversing the probate court's order granting the adoption because the daughter was not a "stepchild by marriage" at the time of the purported adoption). If you are seeking to adopt, it is important that you retain an attorney who has experience in succesfully navigating the adoption code.