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?1. Mother2. Presumed father3. Putative father who is on father’s

registry4. Agency with custody5. Adoptee 14 or older6. 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 Parties1. Adopting parties2. Birth parents3. Child4. Probate Judge5. Lawyer 6. Guardian ad Litem7. Department of Human Services or

Licensed Child Placing Agency

Birth Records• Birth certificate

• Non-identifying records

• 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

1. Pre-placement DHR investigation <24 months2. Fees held in escrow until approved3. Petition filled in Probate Office4. Consent of parents5. G.A.L. appointed6. Health facility release (if child leaves hospital with

non parent))7. Parent affidavit concerning receiving funds8. Adopting parents affidavit concerning any funds paid.9. Interlocutory decree10. Post placement DHR investigation <45 days11. Report of adoption12. Final decree13. Adoption records

IdentifyingNon identifying

Step Parent Adoption1. Petition of stepparent

2. Must have lived with child one year

3. Pre-placement investigation not required

4. 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.