Alabama

Contact Preference Form. A birth parent may file a contact preference form that sets forth the parent’s preference for any contact. The form provides only the parent’s preference for contact, whether directly, through an intermediary, or no contact at all. The contact preference form does not operate as a disclosure veto or as a tool for removing or redacting identifying information.

It’s True. Alabama law provides that a new certificate of birth after an adoption “shall not be established if so requested by the court decreeing the adoption.” Some states also allow adoptive parents and the adopted person to request that no new amended birth certificate be created. Birthparents ultimately have no control over the issuance of a new amended birth record and the sealing of the original.

Court Records. Court records in adoptions are sealed and may not be released except by court order. Identifying information contained in court or adoption records may be released through a confidential intermediary appointed by the court. See Identifying Information below.

Identifying Information. Identifying information from the state agency or a child placing agency can be released to the adopted person upon consent of a birthparent or by court order. If a birthparent has not previously consented to release of information and the adopted person is at least 19 years of age, the adopted person may petition the court for an intermediary to determine if the birthparents will consent to release. If the birthparent is deceased, cannot be found, or does not consent to the release of identifying information, the court may order release of identifying information after weighing the interest and rights of all of the parties and determining if the identifying information should be released.

Descendant Rights. Descendants and ancestors of an Alabama-born adopted person do not have a right to request and obtain a copy of the adoptee’s original birth certificate. A court order is required.

Adult Adoption. Alabama law provides for the adoption of adults. In general, only the consent of the adult to be adopted is required, unless the adoptee is disabled and unable to provide informed consent. Any adult may adopt another adult, though in cases where the adoptee is not biologically related to any of the adopting parents, the parents must be at least 10 years older than the adoptee. Other limitations may also apply, such as a requirement that the adoptive parent be a US citizen if they do not qualify as an adoptive parent under any other provision.

Alabama Law: Vital Records and Original Birth Certificates

Relevant portions of Alabama’s vital records law. The full Alabama vital records law is available here, under Title 22.

Section 22-9A-8. Registration of infants of unknown parentage
(a) Whoever assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the State Registrar within five days to the Office of Vital Statistics all of the following information:

(1) The date and place of finding.
(2) Sex, race, and approximate birth date of the child.
(3) Name and address of the person or institution with whom the child has been placed for care.
(4) Name given to the child by the custodian of the child.
(5) Other data required by rules of the board.

(b) The place where the child was found shall be entered as the place of birth.

(c) A report registered under this section shall constitute the certificate of birth for the child.

(d) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon an order of a court of competent jurisdiction.

Section 22-9A-11. Court reports of adoption
(a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a report of adoption on a form prescribed and furnished by the State Registrar. The report shall indicate those facts necessary to locate and identify the certificate of birth of the person adopted or in the case of a person who was born in a foreign country, evidence from sources determined to be reliable by the court as to the date and place of birth of the person. The report shall provide information necessary to establish a new certificate of birth of the person adopted, identify the order of adoption, and be certified by the clerk of the court.

(b) Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or his or her attorney. The child-placing agency or any person having knowledge of the facts shall supply the court with additional information as may be necessary to complete the report. The provision of the information shall be prerequisite to the issuance of a final decree in the matter by the court.

(c) Within 10 days of the entry of the final order of adoption, the judge or the clerk of the court shall send to the State Registrar reports of decrees of adoption, annulment of adoption, and amendments of decrees of adoption together with related reports as the State Registrar may require.

(d) When the State Registrar receives a report of adoption, annulment of adoption, or amendment of a decree of adoption for a person born outside this state, he or she shall forward the report to the State Registrar in the state of birth, the District of Columbia, or the territory of the United States, or if the child was born in Canada, to the appropriate registration authority in that country. If the birth occurred in a foreign country, and the child was not a citizen of the United States at the time of birth, the State Registrar shall prepare a “CERTIFICATE OF FOREIGN BIRTH” as provided in Section 22-9A-12.

Section 22-9A-11.1. Issuance of Certificate of Foreign Birth without judicial proceedings
(a) A child who has automatically acquired United States citizenship following a foreign adoption and who possesses a Certificate of Citizenship in accordance with the Child Citizenship Act, CAA, P.L. 106-395, shall be exempt from the provisions of Section 22-9A-11, which require a judicial report to acquire a Certificate of Foreign Birth.

(b) The State Registrar, upon written request, shall prepare a Certificate of Foreign Birth reflecting the actual date and place of birth for a child who was born in a foreign country, adopted by a United States citizen, and who has automatically acquired citizenship in accordance with the federal Child Citizenship Act upon the production of all of the following documents:

(1) The child’s Certificate of Citizenship.

(2) A certified copy of the child’s foreign birth certificate and certified English translation.

(3) The original documents related to the foreign adoption certified by the United States Embassy abroad and certified English translation.

(4) The Social Security card of the child.

(5) A valid government issued picture identification of parent or parents, such as a passport or driver’s license.

(6) Proof of residency of the parent or parents in the State of Alabama.

(c) The State Registrar shall develop any necessary forms for adoptive parents to submit in order to request a Certificate of Foreign Birth.

Section 22-9A-12. New birth certificate upon adoption, legitimation, or paternity determination; availability of original certificate; contact preference form
(a) The State Registrar shall establish a new certificate of birth for a person born in this state upon receipt of any of the following:

(1) A report of adoption as provided in Section 22-9A-11 or a report of adoption prepared and filed in accordance with the laws of another state, the District of Columbia, a territory of the United States, or a foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if so requested by the court decreeing the adoption.

(2) A request that a new certificate be established upon completion of the legitimation procedure specified in Sections 26-11-2 and 26-17-6. If the name of another man is shown as the father of the child on the original certificate, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or following adoption.

(3) A certified copy of a valid court determination of paternity that establishes the name of the father and decrees the name the child is to bear together with the information necessary to identify the original certificate of birth.

(b) The new certificate of birth prepared as a result of subsection (a) shall be on the form in use at the time of its preparation and shall include all of the following items and other information necessary to complete the certificate:

(1) The name of the child.
(2) The actual place and date of birth as shown on the original certificate.
(3) The names and personal particulars of the adoptive parents or of the natural parents, whichever is appropriate.
(4) The name of the attendant.
(5) The birth number assigned to the original birth certificate.
(6) The original filing date.

(c) The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction. Notwithstanding the foregoing, any person 19 years of age or older who was born in the State of Alabama and who has had an original birth certificate removed from the files due to an adoption, legitimation, or paternity determination may, upon written request, receive a copy of that birth certificate and any evidence of the adoption, legitimation, or paternity determination held with the original record. The copy of the original birth certificate shall be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. All procedures, fees, and waiting periods applicable to non-adopted citizens born in the State of Alabama seeking copies of certificates of birth shall apply.

(d) A birth parent may at any time request from the State Registrar of Vital Statistics a contact preference form that shall accompany a birth certificate issued under subsection (c). The contact preference form shall provide the following information to be completed at the option of the birth parent:

(1) I would like to be contacted.
(2) I would prefer to be contacted only through an intermediary.
(3) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the State Registrar of Vital Statistics. I have completed an updated medical history form and have filed it with the State Registrar of Vital Statistics.

The medical history form shall be in a form prescribed by the Department of Vital Statistics and shall be supplied to the birth parent upon request of a contact preference form from the State Registrar of Vital Statistics.

Only those persons who are authorized to process applications made under subsection (c) may process contact preference and medical history forms.

The medical history form and contact preference form are confidential communications from the birth parent to the person named on the sealed birth certificate and shall be placed in a sealed envelope upon receipt from the birth parent. The sealed envelope shall be matched with and placed in the file containing the sealed birth certificate.

The sealed envelope containing the contact preference form and medical history form shall be released to a person requesting his or her own original birth certificate under subsection (c). The contact preference form and medical history form are a private communication from the birth parent to the person named on the sealed birth certificate and no copies of the forms shall be retained by the State Registrar of Vital Statistics.

Alabama Law: Adoption Information and Court Records

Relevant portions of Alabama’s adoption law. The entire Alabama adoption code for minors is available here, under Title 26, Chapter 10E.

Section 26-10E-30 Confidentiality of Records and Hearings; Retention of Records; Release of Information
(a) The records in adoption proceedings shall be open to inspection only to each petitioner or his or her attorney, the investigator appointed under Section 26-10E-19, any guardian ad litem appointed for the adoptee under Section 26-10E-21, and any attorney retained by or appointed to represent the adoptee. These records shall be open to other persons only upon order of court for good cause shown.

(b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any individual other than the parties and their counsel, except with leave of court.

(c)a. Upon entry of the final judgment of adoption, all papers, pleadings, and other documents pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld from inspection, except as otherwise provided in this section and in Section 22-9A-12(c). No individual shall have access to such records except upon order of the court in which the final judgment of adoption was entered for good cause shown, except as provided in Section 22-9A-12(c).

b. Notwithstanding paragraph a., the adoptive parents, their attorney of record, or the adoptee upon reaching the age of majority as provided in Section 26-1-1 may petition the court for a hearing to obtain a copy of the final judgment of adoption or the interlocutory order of adoption.

(d) When the court enters a final judgment of adoption, all licensed agencies or individuals shall send a sealed information summary sheet and the non-identifying information referred to in subsection (g) in a separate summary sheet to the State Department of Human Resources. All of the following information shall be included:

(1) The birth name and adoptive name of the adoptee.
(2) The date and place of birth of the adoptee, except in the case of abandonment.(3) The circumstances under which the adoptee came to be placed for adoption.
(4) The physical and mental condition of the adoptee, insofar as this can be determined by the aid of competent medical authority.
(5) The name and last known address, dates of birth, and Social Security numbers, if known, of the biological parents of the adoptee.
(6) The age of the biological parents at the adoptee’s birth.
(7) The nationality, ethnic background, race, and religious preference of the biological parents of the adoptee.
(8) The educational level of the biological parents of the adoptee.
(9) Any pre-adoptive brother or sister relationships of the adoptee.
(10) Whether the identity and location of the biological father of the adoptee is known or ascertainable.

(e) The State Department of Human Resources and the investigating agency’s adoption records shall be kept for a minimum term of 75 years. If a licensed child-placing agency ceases to operate in Alabama, all adoption records of the agency, including those of the adoptee, the biological family, and the adoptive family, shall be transferred to the state department.

(f) Except as otherwise provided in this section and in Section 22-9A-12(c), all files of the investigating office or agency appointed by the court under Section 26-10E-19 shall be confidential and shall be withheld from inspection except upon order of the court for good cause shown.

(g) Notwithstanding subsection (f), the State Department of Human Resources or the licensed investigating agency appointed by the court pursuant to Section 26-10E-19(f) and (i), shall furnish, upon request, to the petitioner or petitioners, the biological parents, or an adoptee 19 years of age or older, non-identifying information which shall be limited to the following:

(1) The health and medical histories of the adoptee’s biological parents.
(2) The health and medical history of the adoptee.
(3) The adoptee’s general family background, including ancestral information, without name references or geographical designations.
(4) Physical descriptions of the adoptee’s biological parents.
(5) The length of time the adoptee was in the care and custody of anyone other than the petitioner.
(6) The circumstances under which the adoptee came to be placed for adoption.

(h) Notwithstanding any other provision herein, if either the legal mother or the putative or legal father before the adoption has given written consent under oath to disclosure of identifying information that is not otherwise provided in this section and in Section 22-9A-12(c), the State Department of Human Resources or a licensed child-placing agency shall release the identifying information.

(i) If the court finds that any person has a compelling need for non-identifying information not otherwise available under subsection (g) which can only be obtained through contact with the adoptee, the adoptee’s parents, the putative father or the legal father of the adoptee before the adoption, or the adoptee’s adoptive parents, the court shall direct the agency or a mutually agreed upon intermediary to furnish the information or to establish contact with the adoptee, the adoptee’s biological parents, the putative or legal father of the adoptee before the adoption, or the adoptive parents of the adoptee in order to obtain the information needed without disclosure of identifying information to or about the applicant. The information then shall be filed with the court and released to the applicant within the discretion of the court. However, the identity and whereabouts of any individuals contacted shall remain confidential.

(j) Notwithstanding any subsection of this section to the contrary, when an adoptee reaches 19 years of age, he or she may petition the court for the disclosure of identifying information which is not otherwise provided for in this section or in Section 22-9A-12(c) if a former parent has not previously given consent under subsection (h). The court shall direct an intermediary to contact the former parents to determine if they will consent to the release of identifying information. If the former parent or parents consent to the release of identifying information the court shall so direct. If the former parent or parents are deceased, cannot be found, or do not consent to the release of identifying information, the court shall weigh the interest and rights of all the parties and determine if the identifying information should be released without the consent of the former parent.

(k) The court shall have jurisdiction to issue any orders deemed necessary to protect the confidentiality of the adoption or adoption proceedings, including, but not limited to, any protective order or injunction to prevent or limit the dissemination of any information contained in confidential or sealed records or any other information identifying the adoptee, the parties, or the witnesses in an adoption proceeding.

Section 26-10E-31. Birth certificates
(a) Within 10 days of the final judgment being entered, the judge or the clerk of the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources electronically or by United States mail and shall send a copy of the certified final judgment of adoption to the Office of Vital Statistics electronically or by United States mail with the report of adoption in the format developed by the Office of Vital Statistics.

(b) Upon receipt of a copy of a certified final judgment of adoption from the judge or the clerk of the court for an individual born in this state, the Office of Vital Statistics shall prepare a new record of birth reflecting the registrant’s new name and the name of each adoptive parent as contained in the final judgment and report of adoption. The Office of Vital Statistics shall then place the evidence of adoption along with the original certificate of birth in a sealed file. A Certificate of Foreign Birth and sealed file, upon request, shall be created for a foreign-born individual adopted in a court in this state as provided in Section 22-9A-12(i).

(c) The new certificate of birth shall be prepared on the form or in the format prescribed by the Office of Vital Statistics following the requirements in Section 22-9A-12, Section 22-9A-19, and Title 420 of the Alabama Administrative Code, or any other rule adopted by the State Board of Health.

(d) There shall be no more than two parents listed on a new or amended birth certificate. If two parents are designated in the final judgment of adoption, those individuals are required to be married to each other at the time the final judgment of adoption is entered.

(e) A new certificate of birth shall be prepared by the Office of Vital Statistics in accordance with the current laws and rules of this state following a final judgment of adoption being entered in another state, the District of Columbia, a territory of the United States, or a foreign country.

(f) Except as otherwise provided by Section 22-9A-12(c), after the new birth certificate has been filed, the original birth certificate and the evidence of adoption are not subject to inspection except upon order of a court of competent jurisdiction for good cause shown.

Alabama Law: Adoption Generally

Section 26-10E-2. Definitions
For the purposes of this chapter, the following terms have the following meanings:

(1) ABANDONMENT. Any of the following:

a. The voluntary and intentional failure or refusal, without good cause or excuse, to claim the rights of a parent.
b. The voluntary and intentional failure or refusal, without good cause or excuse, to perform the duties of a parent.
c. The voluntary and intentional relinquishment, without good cause or excuse, of the custody of a minor by a parent.
d. The voluntary and intentional withholding from the minor by the parent, without good cause or excuse, of his or her presence, care, love, protection, support, maintenance, or display of filial affection.

(2) ADOPTEE. The individual being adopted.

(3) ADOPTION. The judicial act of creating the legal relationship of parent and minor which previously did not legally exist.

(4) ADULT. An individual who is 19 years of age or older, who has reached the majority age in the state in which he or she resides, or who is otherwise deemed an adult by statute or by court order.

(5) CONSENT. Voluntarily agreeing to adoption.

(6) COURT REPRESENTATIVE. An individual appointed in an adoption proceeding trained in law, health care, counseling, social work, or other specialty, who is an officer, employee, or special appointee of the court and has no personal interest in the proceeding.

(7) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption.

(8) LEGAL FATHER. A male individual whose legal status as the father of the adoptee has been established through adoption, legitimation, adjudication, acknowledgment, presumption, or operation of law under the laws of this or any other state, and whose parental rights have not been terminated.

(9) LEGAL MOTHER. A female individual whose legal status as the mother of the adoptee has been established through adoption, legitimation, adjudication, acknowledgment, presumption, or operation of law under the laws of this or any other state, and whose parental rights have not been terminated.

(10) LICENSED CHILD-PLACING AGENCY. Any adoption agency that is licensed under the provisions of the Child Care Act of 1971, Chapter 7 of Title 38, or any adoption agency approved by the State Department of Human Resources.

(11) MARRIED COUPLE. Two individuals who are currently lawfully married in accordance with the laws of this state or any other jurisdiction.

(12) MINOR. An individual 18 years of age or younger or an individual who is not an adult under the law in the jurisdiction where he or she resides.

(13) MINOR PARENT. An individual 18 years of age or younger or an individual who is not an adult under the law in the jurisdiction where he or she resides who is the biological or legal parent of the adoptee.

(14) PARENT. The biological or legal mother or father of the adopted minor.

(15) PARTY. Any individual who appears before the court for the purposes of petitioning for adoption, consenting to an adoption, withdrawing a consent to adoption, contesting an adoption, securing grandparent visitation rights to an adoptee, or setting aside all or part of a final judgment of adoption, or any other person deemed to be a party by the court. This term does not include the adoptee.

(16) PUTATIVE FATHER. The alleged or reputed biological father of the adoptee, unless the issue of paternity has been resolved adversely to that individual by final judgment of a court of competent jurisdiction.

(17) RELINQUISHMENT. Giving up the legal and physical custody of a minor to a licensed child-placing agency or the State Department of Human Resources for the sole purpose of placement for adoption.

(18) SPOUSE. The individual who is lawfully married to the petitioner or the legal father or the legal mother at the time of the adoption proceedings.

(19) STATE DEPARTMENT OF HUMAN RESOURCES or STATE DEPARTMENT. The State Department of Human Resources, as established in Section 38-2-1.

(20) STEPPARENT. An individual who is the spouse or surviving spouse of a legal mother or legal father of a minor, but who is not a legal parent of the minor and who is not a former spouse by reason of divorce or annulment of the marriage.

Section 26-10E-5. Who May Adopt
(a) An unmarried individual or a married couple may petition to adopt a minor.

(b) An unmarried couple may not adopt a minor.

(c) A group of more than two individuals may not adopt a minor.

(d) If a petitioner is married, the petition for adoption shall be filed jointly by both spouses; provided, however, that when the minor is a stepchild of the party seeking to adopt, the petition shall be filed in the name of the stepparent alone.

(e) Each petitioner seeking to adopt a minor shall be all of the following:

(1) An adult.
(2) At least 10 years older than the adoptee, unless either of the following are true:

a. The petitioner is a stepparent or relative and files for adoption pursuant to Sections 26-10E-26 or 26-10E-27.
b. The probate court finds, based on evidence in the record, that the adoption is in the best interest of the adoptee.

(3) A bona fide resident of this state at the filing of the petition for adoption or a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Section 38-7-15 and Section 44-2-20 relating to the Interstate Compact on the Placement of Children.

(f) No rule of any state department shall prevent an adoption by a petitioner solely because the petitioner is employed outside the home. The State Department of Human Resources may require the petitioner to remain in the home with an adoptee for a reasonable period of time, not to exceed 60 calendar days, when the state department determines that the adoptee requires the presence of the petitioner to ensure his or her adjustment.

(g) No rule of any state department shall prevent an adoption by an unmarried petitioner solely because the petitioner is unmarried. No rule of any state department shall prevent an adoption solely because the petitioner is of a certain age, except as provided in subsection (e).

(h) The State Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.

Section 26-10A-6. Who may be adopted
Any minor who is available for adoption may be adopted under this chapter.

Section 26-10E-7 Consent to Adoption or Relinquishment for Adoption – Persons from Whom Consent Is Required
(a) Consent to the petitioner’s adoption or relinquishment for adoption to the State Department of Human Resources or a licensed child-placing agency shall be required by all of the following:

(1) The adoptee, if 14 years of age or older, except when the court finds that the adoptee does not have the mental capacity to give consent.

(2) The adoptee’s legal mother or mothers.

(3) The adoptee’s legal father or fathers.

(4) If the adoptee has no legal father, 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 responds within 30 days to the notice received under Section 26-10E-17(a).

(5) Any legal custodian or legal guardian of the adoptee if both parents are dead or presumed dead, if the rights of the parents have been terminated by judicial proceedings, or if the consent of both parents is otherwise not required pursuant to Section 26-10E-10, and if any legal custodian or legal guardian has authority by order of the court to consent to the adoption except that the court may grant the adoption without the consent of that legal custodian or legal guardian if the court determines that such consent was unreasonably withheld.

(6) The State Department of Human Resources or the county department of human resources, if the minor has been relinquished to the State Department of Human Resources or county department of human resources for the purposes of adoption or it otherwise holds temporary or permanent custody of the minor, except that the court may grant the adoption without the consent of the State Department of Human Resources or the county department of human resources if the adoption is in the best interest of the adoptee and the court finds that the State Department of Human Resources or the county department of human resources has unreasonably withheld consent.

(7) The licensed child-placing agency to which the child has been relinquished for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interest of the adoptee and there is a finding by the court the agency has unreasonably withheld its consent.

(b) The Director of the State Department of Human Resources, the director of the county department of human resources, or the designee of either director, and the executive head of a licensed child-placing agency may appoint an employee of the department or agency to give or to deny consent for adoption of the adoptee.

(c) Notwithstanding any law to the contrary, a court with jurisdiction over a case under this chapter shall have the power to determine the biological or legal parentage of a minor to ascertain whose consent shall be required or to adjudicate any other claim or issue in the case.

Section 26-10E-8 Consent to Adoption or Relinquishment for Adoption – by a Minor Parent
(a) Prior to a minor parent’s giving express consent to an adoption or executing a relinquishment for adoption, a guardian ad litem shall be appointed to represent the interest of the minor parent whose consent is required. Any minor parent, 14 years of age or older, may nominate a guardian ad litem either prior to the birth of the adoptee or thereafter.

(b) A minor parent may give his or her implied consent to an adoption in the same manner as an adult parent under Section 26-10E-9. If a court finds by clear and convincing evidence that a minor parent has given implied consent to the adoption, the appointment of a guardian ad litem shall not be necessary. The implied consent of a minor parent may not be withdrawn.

(c) The express or implied consent of, or relinquishment by, a minor parent shall not be subject to revocation by reason of such minority.

Section 26-10E-12 Express Consent – Contents
(a) An express consent of the biological mother taken prior to the birth of an adoptee shall be signed or confirmed before a judge of probate. At the time of taking the express consent, the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the express consent and shall provide the consenting parent with two copies of the form for withdrawing the express consent in accordance with the requirements of Sections 26-10E-13 and 26-10E-14.

(b) Except as provided in subsection (a), all other pre-birth or post-birth express consents or relinquishments regarding the adoptee shall be signed or confirmed before any of the following:

(1) A judge or clerk of any court that has jurisdiction over adoption proceedings or a public officer appointed by the judge for the purpose of taking express consents.

(2) An individual appointed to take express consents who is appointed by any agency that is authorized to conduct investigations or home studies provided by Section 26-10E-19, or, if the express consent is taken out of state, by an individual appointed to take consents by any agency that is authorized by that state’s law to conduct investigations and home studies for adoptions.

(3) A notary public.

(c) The Administrative Office of Courts, in collaboration with the Alabama Law Institute, a division of the Legislative Services Agency, shall prepare the forms necessary to meet the requirements of this chapter.

Section 26-10E-24. Dispositional Hearing; Final Judgment
(a) Once the petition for adoption and any necessary accompanying documentation has been filed, the court shall set a dispositional hearing to take place as soon as practicable, but no later than 120 days after the filing. Upon good cause shown, the court may extend the time for the dispositional hearing.

(b) At the dispositional hearing, the court shall approve the adoption if it finds, based on clear and convincing evidence, all of the following:

(1) The adoptee has been in the actual physical custody of the petitioner or petitioners for a period of 60 days, unless for good cause shown, this requirement is waived by the court.

(2) All necessary consents, relinquishments, terminations, or waivers have been obtained and, if appropriate, filed with the court.

(3) All documentation required pursuant to Section 26-10E-19 or 26-10E-19.1, where applicable, has been filed with the court, unless excluded under Sections 26-10E-26 and 26-10E-27.

(4) Service of the notice of pendency of the adoption proceeding has been made or dispensed with as to all persons entitled to receive notice under Section 26-10E-17.

(5) All contests brought under Section 26-10E-23 have been resolved in favor of the petitioner or petitioners.

(6) Each petitioner is a suitable adoptive parent and desires to establish a parent and child relationship between himself or herself and the adoptee.

(7) That the best interest of the adoptee is served by the adoption.

(8) That each petitioner has been cleared through each of the following background checks:

a. Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state.

b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.

c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.

(9) That the petitioner has no known history of failure, to pay child support.

(10) A sworn statement of full accounting of disbursements pursuant to Section 26-10E-22, if applicable, has been filed.

(11) All other requirements of this chapter have been met.

(c) The court shall enter its finding in a written final judgment of adoption, which:

(1) Shall also include the new name of the adoptee after adoption, except: (i) in cases of relative adoption under Section 26-10E-27 where the adoptee shares the relative’s same last name; or (ii) in cases where an adoptee is 14 years of age or older and does not want to change his or her name as provided in Section 26-10E-28, provided that the final judgment may not include any other name by which the adoptee has been known or any names of the former parent;

(2) Shall further order that, from the date of the entry of judgment, the adoptee shall be the child of the petitioner or petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10E-28; and

(3) Shall include any other information required by federal law or federal regulation.

Section 26-10E-25 Challenge of Final Judgment; Appeals
(a)(1) For the purposes of this chapter, a “final judgment” is a judgment in which one of the following is true:

a. The court adjudicates whether an express consent or relinquishment has been withdrawn pursuant to Section 26-10E-14.

b. The court adjudicates a contest to an adoption pursuant to Section 26-10E-3 or Section 26-10E-23.

c. A juvenile court terminates the parental rights of a parent to the adoptee pursuant to Section 26-10E-3 and Section 26-10E-23(d).

d. The court grants or denies the petition for adoption.

(2) A final judgment under this chapter shall be entered in accordance with Rule 58 of the Alabama Rules of Civil Procedure.

(b) A party may file a post judgment motion challenging any final judgment entered under this chapter. Any post judgment motion must be filed within 14 days of the entry of final judgment and no post judgment motion may remain pending for more than 14 days, at which time it shall be deemed denied by operation of law.

(c) A party may appeal any final judgment entered by a court under this chapter. An appeal may be made to the Alabama Court of Civil Appeals by the proper filing of a notice of appeal with the clerk of the court entering the final judgment within 14 days of the entry of the final judgment, subject to Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and Rule 77(d) of the Alabama Rules of Civil Procedure.

(d) An appeal from any judgment of adoption entered under this chapter shall have priority in all courts and shall have precedence over all other matters, except for other matters that have been given priority by specific statutory provision or rule of court. All appeals shall comply with the Alabama Rules of Appellate Procedure.

(e) The court from which the appeal is taken shall enter an order concerning the custody of the adoptee pending appeal. Once the certificate of judgment has been issued by the appellate court, the custody of the adoptee shall remain subject to the custody determination made by the court unless vacated or modified by the appellate court on appeal or unless vacated or modified by the court that made the determination or the court that assumed jurisdiction over the custody of the adoptee pursuant to Section 26-10E-24.

(f) A final judgment of adoption may not be collaterally attacked more than one year after the entry of final judgment of adoption, except for in the following situations:

(1) Fraud relating to the adoption proceedings.

(2) The adoptee has been kidnapped.

(3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.

Section 26-10E-26 Stepparent Adoptions
A stepparent of the adoptee may petition for adoption of an adoptee under this chapter, except that:

(1) Before the entry of the final judgment, the adoptee must have resided for a period of one year with the stepparent petitioner.

(2)a. A limited investigation shall be conducted to determine the suitability of the stepparent petitioner and the home in which the adoptee resides, and the report of the investigation, which shall include, but is not limited to, all of the following:

1. Excluding the legal parent of the adoptee, letters of suitability pursuant to Chapter 13 of Title 38 for each adult living in the home of the petitioner or petitioners based on the information available in this state.

2. Excluding the legal parent of the adoptee, child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.

3. Excluding the legal parent of the adoptee, a printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.

4. A home safety inspection indicating that the home of the petitioner or petitioners is safe for adoptee’s residency.

b. The limited investigation may also include other information required by Section 26-10E-19 as directed by the court. The limited investigation shall be filed with the court within 30 days of the date of the filing of the petition.

(3) The court, in its discretion, may:

a. Require additional information; and

b. Allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.

(4) The investigative report shall be submitted in a form developed by the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.

(5) The investigation shall be performed by one of the following:

a. The State Department of Human Resources.

b. A licensed child-placing agency.

c. A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.

(6) Other than those individuals and entities listed in subdivision (5), the court on its own motion may order the investigation be performed by an alternative individual or entity when the court has cause to believe the investigation is insufficient.

(7) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.

(8) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.

(9) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.

Section 26-10E-27. Adoption by other relatives
Subject to Section 26-10E-5, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a great-uncle, a great-aunt, a brother, a half-brother, a sister, a half-sister, an aunt, or an uncle of the first degree and their respective spouses, if any, may adopt a minor grandchild, a minor great-grandchild, a minor great-niece, a minor great-nephew, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a minor nephew, or a minor niece, in accordance with this chapter, except that:

(1) Before the final judgment of adoption is entered, the adoptee must have resided for a period of one year with the petitioner or petitioners.

(2)a. An investigation shall be conducted to determine the suitability of each petitioner and the home in which the adoptee will reside, and the report of the investigation shall include, but not be limited to, all of the following:

1. Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state.
2. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.
3. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
4. A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency.

b. The limited investigation may also include other information required by Section 26-10E-19 as directed by the court, and shall be filed with the court. The limited investigation shall be filed with the court within 30 days of the date of the filing of the petition.

(3) The court, in its discretion, may:

a. Require additional information; and

b. Allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.

(4) The investigative report shall be submitted in a form developed by the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.

(5) The investigation shall be performed by one of the following:

a. The State Department of Human Resources.

b. A licensed child-placing agency.

c. A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.

(6) Other than those individuals and entities listed in subdivision (5), the court on its own motion may order the investigation be performed by an alternative individual or entity when the court has cause to believe the investigation is insufficient.

(7) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.

(8) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.

(9) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.

Section 26-10E-28. Name and status of adoptee
a) The adoptee shall take the name designated by the petitioner or petitioners; provided, however, that if the adoptee is 14 years of age or older, the adoptee may elect to retain his or her current legal name, unless the court determines that the adoptee lacks the mental capacity to consent. After entry of the final judgment of adoption, the adoptee shall be treated as the legal child of the adoptive parent or parents and shall have all rights and be subject to all the duties arising from that relation.

(b) Upon the entry of the final judgment of adoption, the biological or legal parents of the adoptee, except for the spouse of an adoptive stepparent, are relieved of all parental rights and responsibility for the adoptee and shall have no parental rights over the adoptee.

Section 26-10E-37 Validity and Effect of Prior Adoptions; Application of Chapter
(a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into before the enactment of this chapter shall be governed under this chapter.

(b) This chapter shall apply to all proceedings related to minor adoptions that have not been commenced as of December 31, 2023.

Alabama Law: Adult Adoptions

Section 26-10F-1 Short Title
This chapter shall be known and may be cited as the Alabama Adult Adoption Code.

Section 26-10F-2 Definitions
(a) The definitions in the Alabama Minor Adoption Code, provided in Section 26-10E-2, are applicable for this chapter and have the same meaning whenever used in this chapter except where the context clearly indicates a different meaning.

(b) For the purposes of this chapter, a de facto parent-child relationship is formed when the petitioner or petitioners have been the primary caregiver for an adoptee and have provided the primary financial support for that adoptee during the time that the adoptee resided with that petitioner or petitioners during the adoptee’s minority.

Section 26-10F-3 Jurisdiction Under This Chapter
The probate court shall have original and exclusive jurisdiction over proceedings brought under this chapter.

Section 26-10F-4 Residency of Petitioners; Venue
(a) The petitioner or petitioners, or the adoptee, must be a resident of the State of Alabama.

(b) All petitions must be filed in the probate court of either of the following counties:

(1) The county in which the adoptee resides, or is in military service.

(2) The county in which the petitioner or petitioners resides or is in military service.

Section 26-10F-5 Who May Adopt
(a) Any adult individual may petition the court to adopt an adult as provided in this chapter.

(b) Any married couple, both of whom are adults, may jointly petition the court to adopt an adult as provided in this chapter. An adult who is married may not petition to adopt another adult unless the petition for adoption is filed jointly by his or her spouse, unless that spouse is the biological or legal parent of the adult sought to be adopted.

(c) Unless the adoptee is biologically related to the petitioner or petitioners, any petitioner seeking to adopt another adult shall be at least 10 years older than the adoptee, unless waived by the court for good cause shown.

(d) An adult may only be adopted as provided in this chapter and for the establishment of a legal parent-child relationship.

(e) The State Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.

Section 26-10F-6 Who May Be Adopted
An adult may be adopted under any of the following conditions:

(1) He or she is an individual with a total and permanent disability.

(2) He or she has been determined to be an incapacitated person as defined in Section 26-2A-20.

(3) He or she consents in writing to be adopted and is:

a. Related in any degree of kinship to the petitioner or petitioners, as defined by the intestacy laws of Alabama;

b. A stepchild or former stepchild by marriage; or

c. A United States citizen and the court is satisfied that there exists a multi-year relationship akin to that between a parent and child and the adoption is for a legitimate purpose.

(4) He or she had been in a de facto parent-child relationship with each petitioner for at least one year during the minority of the adoptee, and each petitioner has maintained a continuous familial relationship with the adoptee. This subdivision shall include, but is not limited to, a foster parent relationship with the adoptee.

Section 26-10F-7 Consent to Adoption
(a) A consent shall be in a sworn writing and signed by the person consenting.

(1) Only the sworn, written consent of a legally competent adoptee shall be required.

(2) If the adoptee has been adjudicated incompetent or declared to be an incapacitated person as defined in Section 26-2A-20, the sworn written consent of any legal guardian or conservator of the adoptee and a court appointed guardian ad litem shall be required. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.

(3) If the court has reason to believe that the adoptee may be unable to give consent, the court shall appoint a guardian ad litem who shall investigate the adoptee’s circumstances and that guardian ad litem shall give or withhold consent. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.

(4) If the adoptee is married and is incapacitated or otherwise unable to consent, the sworn written consent of his or her spouse is also required.

(b) A motion to withdraw consent may be filed at any time before the dispositional hearing on the adoption petition.

Section 26-10F-8 Petition for Adoption
(a) A petition for adoption shall be filed with the clerk of the court. The petition shall be signed and verified by each petitioner and shall allege all of the following:

(1) The full name, date and place of birth, and place of residence of each petitioner and, if married, the place and date of their marriage.

(2) The date and place of birth of the adoptee.

(3) The birth name of the adoptee, any other names by which the adoptee has been known, and the adoptee’s proposed new name.

(4) Where the adoptee is residing at the time of the filing of the petition.

(5) That each petitioner desires to establish a legal parent and child relationship between himself or herself and the adoptee and that he or she is a fit and proper individual able to care for and provide for the adoptee’s welfare.

(6) The existence and nature of any prior court orders known to the petitioner which could affect the adoption of the adoptee.

(7) The relationship, if any, of each petitioner to the adoptee.

(8) The name and address of any agency, if any, providing care for the adoptee.

(9) The names and addresses of all individuals known to the petitioner at the time of filing from whom consents or notice to the adoption are required.

(10) The name and address of the spouse of the adoptee, if any.

(b) The caption of a petition for adult adoption shall be styled “In the Matter of the Adoption Petition of _____.” Each petitioner shall be designated in the caption. There shall be no more than two petitioners.

(c) The petition shall be accompanied by each of the following:

(1) A certified copy of the adoptee’s birth certificate.

(2) Certified documentation that establishes proof of a marriage of the adoptee, if applicable.

(3) Certified documentation that establishes proof of a marriage of the petitioners, if applicable.

(4) Should common law marriage be alleged, any documentation upon which the petitioners rely to prove the existence of the common law marriage.

Section 26-10F-9 Notice of Pendency of Adoption Proceeding
(a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on each of the following:

(1) Any individual whose consent is required by Section 26-10F-7.

(2) Any legally appointed custodian or guardian of the adoptee.

(3) The spouse of the adoptee, if the adoptee is married.

(4) Any biological or legal parent of the adoptee.

(5) Any individual or entity known to any petitioner as currently having physical custody of the adoptee, if the adoptee is alleged to be an individual with a total and permanent disability or alleged to be an incapacitated person.

(6) The State Department of Human Resources.

(7) Any other individual designated by the court.

(b) A copy of the notice for adoption shall be served upon those individuals or agencies provided in subsection (a). The form for the notice shall be developed jointly by the Administrative Office of Courts and the Alabama Law Institute.

(c) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure. If notice cannot be perfected in accordance with the Alabama Rules of Civil Procedure, the court may order an alternative method of notice.

(d) The notice required by this section may be waived in writing by the individual or entity entitled to receive notice.

(e) Proof of service of the notice on all persons for whom notice is required by this section shall be filed with the court before the dispositional hearing provided in Section 26-10F-13.

Section 26-10F-10 Acknowledgement of Consent; Withholding of Consent by Guardian Ad Litem
(a) All consents shall be acknowledged in open court, unless waived by the court for good cause shown.

(b) If a guardian ad litem has been appointed for the adult sought to be adopted, the following procedures apply:

(1) The guardian ad litem shall file with the court a written report stating the basis for the decision to give or withhold consent.

(2) The court shall hold a hearing to allow all parties to present evidence as to whether it would be in the best interest of the adult person to be adopted by the petitioner or petitioners.

(c) If the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interest of the incapacitated person, the court may proceed to make any other orders it deems necessary for the adult person’s welfare, including granting the petition for adoption.

Section 26-10F-11 Investigations
(a) No investigation shall be required in any adult adoption unless ordered by the court to determine if the best interest of the adoptee will be served by granting the petition for adoption. The court shall determine the scope of the investigation.

(b) If the probate court in which a petition for the adoption of an adult is filed considers an investigation to be a necessity, the probate court may order either of the following:

(1) The type of investigation that is conducted in an adoption of a minor adoptee pursuant to Sections 26-10E-19, 26-10E-19.1, 26-10E-26, and 26-10E-27.

(2) Any other inquiry that the court considers advisable.

(c) Any investigation ordered by the court shall be performed by the State Department of Human Resources or anyone appointed by the court who the court deems as qualified and appropriate based on the scope of the investigation.

Section 26-10F-12 Contested Hearing
(a) Upon the filing of a pleading or a motion by a party contesting the adoption, the probate court may not transfer the case or any part of the case to another court of this state, and shall forthwith set the matter for a contested hearing to determine each of the following:

(1) Whether the best interest of the adoptee will be served by the adoption.

(2) Whether the adoptee is available for adoption by each petitioner and whether each petitioner qualifies to adopt the adoptee within the requirements of this chapter.

(3) Whether all necessary consent has been given and, if so, the validity of each consent.

(4) Whether an express consent has been or may be withdrawn.

(b) The court shall give at least 14 days notice of the contested hearing by United States mail to all parties who have appeared before the court unless notice has been waived in writing. The party contesting the adoption and each petitioner shall be present at the contested hearing. A guardian ad litem shall appear and represent the interest of the adoptee. Any contestant who is an incapacitated person shall also be represented by a guardian ad litem in addition to any counsel retained by the contestant.

(c) The court may continue the hearing from time to time to permit notice to all parties or to permit further discovery, observation, investigation, or consideration of any fact or circumstance affecting the granting or denial of the adoption petition. The court may order the investigator appointed under Section 26-10F-11, or a court representative to investigate allegations underlying the contest or the whereabouts of any person entitled to notice of the proceeding.

(d) At the conclusion of the contested hearing, the court shall decide the contest as soon as practicable. If it is determined by the court that the adoption petition should be denied, the court shall enter a final judgment denying the contest. The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings.

(e) At the contested hearing, the court shall consider any motion of the petitioner or petitioners to obtain reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners where the adoptee is an incapacitated adult. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement.

(f) Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.

Section 26-10F-13 Dispositional Hearing; Final Judgment
(a) The petition for adoption shall be set for a dispositional hearing within a reasonable period after the filing of the petition and all necessary documents, including an investigative report if ordered by the court.

(b) The court shall enter an order establishing a date, time, and place for the hearing on the petition, and each petitioner and the individual to be adopted shall appear at the hearing in person. If the court determines that such appearance is impossible or impractical, appearance may be made by electronic means, upon good cause shown to the court.

(c) At the dispositional hearing, the court shall grant a final judgment of adoption if it finds each of the following based on clear and convincing evidence:

(1) The adoptee meets one of the qualifications under Section 26-10F-6.

(2) The required consents and all other necessary documents have been properly executed and have been filed with the court. The necessary documents shall include, but are not limited to, each of the following:

a. The petition for adoption.

b. All required consents.

c. Proof of service of notice on all persons required to receive notice.

d. Marriage certificates of the petitioners and adoptee, if applicable.

e. Copies of certified birth certificates or the equivalent thereof of each petitioner and adoptee, issued within six months of the filing of the petition.

f. The Alabama Report of Adoption Form.

g. Proof of incapacity or total and permanent disability, if applicable.

h. Proof of kinship or a de facto parent and child relationship pursuant to Section 26-10F-6, if applicable.

i. Any other documentation required by the court.

(3) Any contests have been resolved in favor of the petitioner or petitioners.

(4) That each petitioner is a suitable adopting parent and desires to establish a legal parent and child relationship between himself or herself and the adoptee.

(5) That all parties, to the best of their ability, understand the significance and ramifications of the adoption and are not acting under duress, coercion, or undue influence.

(6) That the best interest of the adoptee is served by the adoption and that there is no reason in the public interest or otherwise why the petition should not be granted.

(7) That all other requirements of this chapter have been met.

(d) If all the requirements of subsection (c) are met, the court may enter its finding in a written final judgment of adoption, granting the petition for adoption.

(e) The final judgment of adoption shall terminate the parent and child relationship of one or both of the legal parents of the adoptee and shall order the substitution of the name of each legal parent whose relationship has been terminated on the amended birth certificate with the name of each petitioner. There shall be no more than two individuals named as petitioner.

(f) If the court grants the adoptee’s request for a new name, the adoptee’s new name shall be included in the final judgment of adoption and placed on the amended birth certificate.

(g) The final judgment of adoption shall further order that from the date of the judgment of adoption, the adoptee shall be the child of the petitioner or petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10F-16(b).

(h) A final judgment of adoption may not be collaterally attacked after the expiration of one year from the entry of the final judgment of adoption, and after all appeals, if any, except in each of the following situations:

(1) Fraud relating to the adoption proceedings.

(2) The adoptee has been kidnapped.

(3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.

Section 26-10F-14 Challenge of Final Judgment; Appeals
(a)(1) For the purposes of this chapter, a final judgment is one of the following:

a. The court adjudicates whether a consent has been withdrawn.

b. The court adjudicates a contest to an adoption pursuant to Section 26-10F-12.

c. The court grants or denies the petition for adoption.

(2) A final judgment under this chapter shall be entered in accordance with Rule 58 of the Alabama Rules of Civil Procedure.

(b) A party may file a post judgment motion challenging any final judgment entered under this chapter. Any post judgment motion must be filed within 14 days of the entry of final judgment and no post judgment motion may remain pending for more than 14 days, at which time it shall be deemed denied by operation of law.

(c) A party may appeal any final judgment entered by a court under this chapter. An appeal may be made to the Alabama Court of Civil Appeals by the proper filing of a notice of appeal with the clerk of the court entering the final judgment within 14 days of the entry of the final judgment, subject to Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and Rule 77(d) of the Alabama Rules of Civil Procedure.

Section 26-10F-15 Closed Hearings; Confidentiality of Records
(a) If determined to be in the best interest of the adoptee or parties, the court may determine a hearing shall be closed.

(b) Upon motion by the adoptee or parties and for good cause shown, the court shall have jurisdiction to issue any orders deemed necessary to protect the confidentiality of the adoption or adoption proceedings, including, but not limited to, any protective order or injunction to prevent or limit the dissemination of any information contained in confidential or sealed records or any other information identifying the adoptee, the parties, or the witnesses in an adoption proceeding. Part or all of the record may also be sealed pursuant to procedure established by applicable statute, rule, and existing case law.

(c) When the court enters a final judgment of adoption, the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources in the manner prescribed by Section 26-10F-17(a).

Section 26-10F-16 Name and Status of Adoptee
(a) A judgment granting a petition for adoption of an adult may order a change in the name of the adoptee unless the court finds that the change of name is requested for fraudulent or criminal purposes; provided, however, that the court may not change the name of an adoptee who is a sex offender as provided in Section 15-20A-36.

(b) After the final judgment of adoption, the adoptee shall be treated as the legal child of each adopting parent and shall have all rights and be subject to all the duties arising from that relation.

(c) Upon the final judgment of adoption, the biological or legal parents of the adoptee, except for a biological or legal parent who is the spouse of the adopting parent, are relieved of all parental rights and responsibilities for the adoptee.

Section 26-10F-17 Birth Certificates
(a) Within 10 days of the final judgment being entered, the judge or the clerk of the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources electronically or by United States mail and shall send a copy of the certified final judgment of adoption to the Office of Vital Statistics electronically or by United States mail with the report of adoption in the format developed by the Office of Vital Statistics.

(b) Upon receipt of a copy of any certified final judgment of adoption from the judge or the clerk of the court for an individual born in this state, the Office of Vital Statistics shall prepare an amended record of birth reflecting the registrant’s new name and the name of each adopting parent as contained in the final judgment and report of adoption. The original birth certificate or evidence of adoption may not be sealed unless otherwise ordered by the court granting the adoption. If the court orders the documents to be sealed, the adoptee may request the original birth certificate and evidence of adoption as provided by Section 22-9A-12(c).

(c) Upon receipt of a copy of a certified final judgment of adoption from the judge or the clerk of the court for a foreign-born individual adopted in a court in this state, the Office of Vital Statistics, upon request, shall create a Certificate of Foreign Birth and sealed file as provided in Section 22-9A-12(i).

Section 26-10F-18 Application of Court Rules
Except as expressly provided in this chapter, the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence apply in any case brought under this chapter.

Section 26-10F-19 Validity and Effect of Prior Adoptions; Application of Chapter
(a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into before the enactment of this chapter shall be governed under this chapter.

(b) This chapter shall apply to all proceedings related to adult adoptions that have not been commenced as of December 31, 2023.