Alabama Adoption Law Overview

This summary of the Alabama Adoption Code of 1991 does not constitute legal advice.  It is only a summary of the Code of Alabama.  For a more thorough explanation, please contact our office for a consultation.  (205) 683-4121.

The Alabama legislature revised Alabama’s outdated adoption law in 1991. After much thought from the adoption community, Alabama revised laws that have received praise from the entire nation.  In fact, many states have decided to start modeling their law revisions after that of Alabama’s.  There were two main reasons for the legislative changes.

1. The law spells out clearly how long a birth parent has to change their mind…5 days after the latest event (the birth of the child or the signing of relinquishment(s)). This protects the birth parents because it gives a window of five days to withdraw from the adoption.  Additionally, it protects the adoptive family because after that window is closed, the birth parents are no longer able to recant their decision.  The birth parents decide when the countdown to the 5 days begins.  A birth parent can opt to sign their relinquishment papers before the child is born and a birth parent can sign the relinquishment papers at any point after the child is born.  If this is the method taken, it is subjected to the same five day withdrawal.

In cases the birth father is unknown or cannot be located, he is given a thirty-day period following the child’s birth to step forward and claim paternity.  At the end of thirty days, the Court considers the adoption to have been consented to  and his rights will be terminated.

2. The law deals strictly with finances. Strict penalties are in effect for those individuals, including birth parents, attorneys, agencies, and prospective adoptive parents, who do not follow the financial guidelines set by the code.  All fees must be submitted to the Courts for approval.  Fees must be reasonable and directly related to the specific expenses of a particular adoption.