Notwithstanding the provisions of Section 26-10E-7, the consent of the following persons shall not be required for an adoption or relinquishment for adoption:

(1) A parent of the adoptee whose rights with reference to the adoptee have been terminated by a final judgment of a court of this or any other state.

Terms Used In Alabama Code 26-10E-10

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(2) A parent of the adoptee who has been adjudged incompetent or incapacitated 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. The court must appoint independent counsel or a guardian ad litem for an incompetent or incapacitated parent for whom there has been no such prior appointment.
(3) A parent of an adoptee who has voluntarily relinquished the adoptee to the Department of Human Resources, a similar agency of another state, or a licensed child placing agency for an adoption, unless this relinquishment has been withdrawn in accordance with this chapter or the law of the state in which the relinquishment was made.
(4) A deceased parent of the adoptee or a parent of the adoptee who is presumed to be deceased under this or any other state’s law.
(5) A putative father of the adoptee who has signed a written statement denying paternity.
(6) A putative father of the adoptee when the mother swears in an affidavit pursuant to Section 26-10E-16(c) that the putative father is unknown, unless the putative father is otherwise made known to the court.
(7) A putative father of the adoptee who fails to prove his paternity of the adoptee.
(8) A legal father or putative father when clear and convincing evidence is presented to the court that the adoptee was conceived by rape, incest, or sexual assault committed by the legal father or putative father, whose crimes are defined by the laws of this state or, if the crime occurred not in this state, the jurisdiction in which the crime occurred.
(9) A parent of the adoptee who has been convicted of child abuse or other felonious acts against the adoptee as defined by the laws of this state or, if the crime occurred not in this state, the jurisdiction in which the crime occurred.
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