Adoptions

Thinking of adopting? The laws of Alabama provide that any adult person may adopt a minor child. A husband and wife may adopt a child if they do so jointly. Statutory law provides that the Department of Human Resources (DHR) cannot prevent an adoption of a child solely because the petitioner in unmarried or because he or she is of a certain age.

A petition for adoption requires that certain individuals consent to the adoption or make certain relinquishments to DHR or a licensed child placement agency for adoption in specific situations provided for by the Alabama Code. The adoptee much consent to said adoption if the adoptee is 14 years old or older, unless the court determines that the adoptee does not have the mental capacity to give consent. The adoptee’s biological mother must consent or relinquish consent for the adoption and the adoptee’s presumed biological father must also consent to the adoption or relinquish such consent, regardless of paternity, if he was married to the woman at the time of the child’s birth or the child was born within 300 days after the termination of the marriage, or the mother and presumed biological father attempted to enter into a solemnized marriage even if the marriage was invalid. The adoptee’s presumed biological father must also consent if he and the adoptee’s mother married or attempted to marry after the birth of the child even if the marriage is invalid, or if he consented to be names as the father on the birth certificate, or is obligated to pay child support by agreement or court order or he openly held the child out as his own and received the child into his home.

If the adoptee’s parent is a minor, a guardian ad litem must be appointed by the court to represent the minor’s interest in the adoption action is the parent’s consent is required for a petition to adopt. If the minor parent is 14 or older, the parent may nominate a guardian ad litem either before or after the birth of the child. Consent or relinquishment of consent by a minor may not be revoked by reason of the minor reaching the age of majority. A minor father may imply his consent by his actions; if the court finds by conclusive evidence that the minor father has implied consent y his actions, notice and appointment of a guardian ad litem for the minor father is not necessary. If you or someone close to you needs legal advice regarding adoptions, it is important that call Richard DeWeese Attorney at Law today to set up a consultation with one of our experienced, knowledgeable attorneys.

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