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(c) The petition to withdraw consent or relinquishment must be in writing, signed by the person seeking to withdraw the consent or relinquishment, dated, and signed by two witnesses.
(d) In adjudicating a petition to withdraw a consent or relinquishment, the person seeking to withdraw the consent or relinquishment shall establish the facts necessary to withdraw the consent or relinquishment by a preponderance of the evidence.
(2) Leaving the adoptee without provision for his or her identification for a period of 30 days. Notwithstanding the provisions of Section 26-10A-7, the consent or relinquishment of the following persons shall not be required for an adoption: (1) A parent whose rights with reference to the adoptee have been terminated by operation of law in accordance with the Alabama Child Protection Act, Sections 26-18-1 through 26-18-10; (2) A parent who has been adjudged incompetent pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and whose mental disability is likely to continue for so long a period that it would be detrimental to the adoptee to delay adoption until restoration of the parent's competency or capacity. 912, §10.) Section 26-10A-11 Consent or relinquishment.
The adoptive parents and the natural parents unless the rights of the natural parents have been terminated or relinquished for purposes of adoption then the agency that has custody becomes a party in interest. If a court finds by conclusive evidence that a minor father has given implied consent to the adoption, notice and the appointment of a guardian ad litem shall not be necessary. Abandonment includes, but is not limited to, the failure of the father, with reasonable knowledge of the pregnancy, to offer financial and/or emotional support for a period of six months prior to the birth. 1061, §1.) Section 26-10A-10 Persons whose consents or relinquishments are not required.
Giving up the physical custody of a minor for purpose of placement for adoption to a licensed child placing agency or the Department of Human Resources. A child as defined by the federal Adoption Assistance and Child Welfare Act of 1980. (b) Any adult may petition the court to adopt another adult as provided in this chapter. He received the adoptee into his home and openly held out the adoptee as his own child; (4) The agency to which the adoptee has been relinquished or which holds permanent custody and which has placed the adoptee for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interests of the adoptee and there is a finding that the agency has unreasonably withheld its consent; and (5) The putative father if made known by the mother or is otherwise made known to the court provided he complies with Section 26-10C-1 and he responds within 30 days to the notice he receives under Section 26-10A-17(a)(10). Any minor, 14 years of age and beyond, can nominate a guardian ad litem either prior to the birth of the baby or thereafter.
Adopting Families in Alabama Adopting Families in states other than Alabama Code of Alabama Title 26: Infants and Incompetents Chapter 10A: Alabama Adoption Code Sections 1-38 (This page was last updated on 08/02/13.) Section 26-10A-1 Short title. Section 26-10A-14 Withdrawal of consent or relinquishment. (b) When the person sought to be adopted is an adult, only the sworn, written consent of the adult person sought to be adopted shall be required and no order of reference or any home studies need be issued. Any male person as defined in the Alabama Uniform Parentage Act. (c) A minor father may give his implied consent by his actions. (a) A consent or relinquishment required by Section 26-10A-7 may be implied by any of the following acts of a parent: (1) Abandonment of the adoptee. (b) A petition to adopt an adult may be granted only if written consent to adopt has been executed by the adult seeking to adopt and his or her spouse or by the guardian or conservator of the adult sought to be adopted pursuant to the requirements of Sections 26-10A-6 and 26-10A-11. (b) A consent or relinquishment executed by a parent who is a minor shall not be subject to revocation by reason of such minority. 857, §1.) Section 26-10A-9 Implied consent or relinquishment.(3) Upon dismissal of the adoption after a contested hearing as provided in Section 26-10A-24.(b) The withdrawal of consent or relinquishment as provided in Section 26-10A-13(a) shall be effected by the affiant signing and dating the withdrawal form provided pursuant to Section 26-10A-12(c) or other written withdrawal of consent containing the information set forth in Section 26-10A-12(c), and by delivering the withdrawal to the court or having the withdrawal postmarked within five days of the child's birth or of signing the consent or relinquishment, whichever comes last.