(a) A petition for adoption of an adoptee shall bear the caption “In the Matter of the Adoption Petition of [each named petitioner.]” The completed petition shall be signed and verified by each petitioner and shall set forth each of the following:
Terms Used In Alabama Code 26-10E-16
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.
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
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.
Probate: Proving a will
(1) The full name, date of birth, place of residence, and relationship to the adoptee of each petitioner, and, if the petitioners are married, the place and date of their marriage.(2) The date and place of birth of the adoptee, if known.(3) The birth name of the adoptee, any other names by which the adoptee has been known, and the name by which the adoptee shall be known.(4) That the physical custody of the adoptee has been placed with the petitioner or petitioners for the purpose of adoption and that the adoptee has been residing with the petitioner or petitioners since a specified date, or a statement of good cause as to why placement and physical custody is not required or should be excused or waived.(5) That the petitioner or petitioners desire to establish a 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 or pending judicial proceedings known to the petitioner or petitioners that affect the custody, visitation with, or parentage of, the adoptee.(7) The name and address of the licensed child placing agency, if any.(8) The names and addresses of all individuals or agencies known to the petitioner or petitioners at the time of filing from whom consents or relinquishments to the adoption are required and whether the individuals or agencies have given express or implied consent to the adoption.(9) The names and addresses of all other individuals or agencies known to the petitioner or petitioners who are entitled to notice of the adoption proceedings under Section 26-10E-17.(b) The petitioner or petitioners shall attach each of the following to the petition:
(1) A government-issued document bearing photographic identification of each petitioner.(2) If the petitioners are married, a certified document establishing proof of marriage or an affidavit of their common law marriage.(3) A certified copy of the adoptee’s birth certificate issued within six months of the date of the filing of the petition or an affidavit stating that application for the birth certificate has been made.(4) Any written authorization allowing the adoptee to be placed in the home of the petitioner or petitioners.(5) A copy of any court orders affecting the custody, visitation with, or parentage of, the adoptee accessible to the petitioner or petitioners.(6) Any and all existing express consents and relinquishments upon which the petitioner or petitioners rely for the adoption.(7) If a pre-placement investigation is required under this chapter, a copy of the pre-placement investigation report.(8) An accounting of all anticipated costs and expenses for the adoption.(c) In the case of an unknown father, a verified affidavit signed by the biological mother, under penalty of perjury, setting forth the following information shall be attached to the petition, unless the whereabouts of the mother are unknown, she is deceased, or the parental rights of the mother have been previously terminated as to the adoptee:
(1) Whether the mother was married at the probable time of conception of the adoptee, or at a later time, and if so, the identity and last known address of her husband.(2) Whether the mother was cohabitating with a man at the probable time of conception of the adoptee, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.(3) Whether the mother has received payments or promise of support from any man with respect to the adoptee or her pregnancy, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.(4) Whether the mother has named any man as the father on the birth certificate of the adoptee or in connection with applying for or receiving public assistance, and if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.(5) Whether the mother identified any man as the legal father or putative father of the adoptee to any hospital personnel, and, if so, the identity of the man, his last known address, the name and address of the hospital, and why the mother contends the man is not the legal father or putative father of the adoptee.(6) Whether the mother has informed any man that he may be the legal father or putative father of the adoptee, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.(7) Whether any man has formally or informally acknowledged or claimed paternity of the adoptee in any jurisdiction at the time of the inquiry, and if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.(8) That the mother has been informed that her statement concerning the identity of the legal father or putative father will be used only for the limited purpose of adoption and, once the adoption is complete, that such identity will be sealed.(9) That the mother acknowledges she is aware of the remedies available to her for protection from abuse pursuant to Alabama law, commencing with Section 30-5-1.(d) The petition, the various documents attached thereto as required by this section, or an appendix signed by counsel or other credible individuals shall fully disclose all that is known about the biological parentage of the adoptee.(e) Except in cases governed by Section 26-10E-26 or Section 26-10E-27, the petition for adoption shall be filed with the clerk of the probate court within 60 days after the adoptee is physically placed with the petitioner or petitioners for purposes of adoption unless the adoptee is in the custody of the Department of Human Resources, a licensed child placing agency, or is currently receiving care in a medical facility, except that, for good cause shown, a petition may be filed beyond the 60-day period. In cases governed by Sections 26-10E-26 or 26-10E-27, the petition may be filed at any time.
