Section 26-10A-15 Surrender of custody of minor under age of majority. If the adult person to be adopted has been adjudicated incompetent, the written consent of the adult person's guardian or conservator shall be required. 118, §1.) Section 26-10A-12 Persons who may take consent or relinquishments; forms. A female person who is the biological mother of the minor or is treated by law as the mother. (3) Knowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship with the adoptee for a period of six months. The court must appoint independent counsel or a guardian ad litem for an incompetent parent for whom there has been no such prior appointment; (3) A parent who has relinquished his or her minor child to the department of human resources or a licensed child placing agency for an adoption; (4) A deceased parent or one who is presumed to be deceased under Alabama law; (5) An alleged father who has signed a written statement denying paternity; or (6) The natural father where the natural mother indicates the natural father is unknown, unless the natural father is otherwise made known to the court. (a) A consent or relinquishment shall be in writing, signed by the person consenting or relinquishing, and shall state the following: (1) The date, place, and time of execution. If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited purpose of termination of parental rights. (3) Provided however, in cases, where one who purports to be the biological father marries the biological mother, on petition of the parties, the court shall order paternity tests to determine the true biological father. With his knowledge or consent, he was named as the adoptee's father on the adoptee's birth certificate; or 2. 1061, §1.) Section 26-10A-8 Consent or relinquishment by a minor parent. The probate court shall have original jurisdiction over proceedings brought under the chapter. All petitions may be filed in the probate court in the county in which: (1) The minor or adult resides or has a legal residence; (2) A petitioner resides, or is in military service; or (3) An office of any agency or institution operating under the laws of this state having guardianship or custody of a minor or an adult is located. (2) No rule or regulation of the Department of Human Resources or any agency shall prevent an adoption by a single person solely because such person is single or shall prevent an adoption solely because such person is of a certain age. After the adoptee's birth, he and the adoptee's mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and 1. (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.
(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.(c) All consents or relinquishments required by this act shall be filed with the court in which the petition for adoption is pending before the final decree of adoption is entered. (a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except: (1) As provided in Section 26-10A-13; or (2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of a petitioner or his agent or the agency to whom or for whose benefit it was given.