(a) Unless notice has been previously waived as provided in subsection (d), notice of pendency of an adoption proceeding shall be served by the petitioner on each of the following:
Terms Used In Alabama Code 26-10E-17
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.
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.
person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
Probate: Proving a will
Service of process: The service of writs or summonses to the appropriate party.
writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) Any individual, agency, or institution whose consent or relinquishment is required.(2) The legal father of the adoptee.(3) The putative father of the adoptee, if made known to the court, provided the putative father has complied with Section 26-10C-1.(4) The legal custodian or guardian of the adoptee.(5) The spouse of a petitioner who is a stepparent unless express consent is attached to the petition.(6) A grandparent of the adoptee if the grandparent’s child is a deceased parent of the adoptee and, before his or her death, the deceased parent had not executed an express consent or relinquishment or the deceased parent’s parental relationship to the adoptee had not been otherwise terminated.(7) Any person known to the petitioner or petitioners as currently having physical custody of the adoptee or having visitation rights with the adoptee under an existing court order.(8) The agency or individual authorized to investigate the adoption under Section 26-10E-19.(9) The Alabama Department of Human Resources.(10) If the adoptee is in foster care, the director of the county Department of Human Resources with legal custody of the adoptee.(11) Any other person designated by the court.(b) The notice shall contain all of the following information:
(1) That a petition for adoption of the adoptee has been filed in the probate court.(2) That the notified party may appear in the adoption proceeding to contest or to support the petition.(3) That the notified party has 30 days from the time of proper service of the notice to respond to the notice.(4) That, if the notified party fails to respond within 30 days of proper service, the court may construe that failure as an implied consent to the adoption and as a waiver of a right to appear and of further notice of the adoption proceedings.(5) That, if the adoption is approved, the parental rights of the notified party, if any, will be considered terminated.(c) Service of the notice shall be made in the following manner:
(1)Service of process shall be made in accordance with the Alabama Rules of Civil Procedure unless otherwise provided herein. Service on the parties designated in subdivisions (a)(8), (a)(9), and (a)(10) shall be by certified mail. As to any other individual, agency, or institution for whom notice is required under subsection (a), service by certified mail, return receipt requested, shall be sufficient. If this service cannot be completed after two attempts, upon motion and affidavit, the court shall issue an order providing for one of the following:
a. Service by publication.b. Posting notice in the courthouse of the court exercising jurisdiction over the adoption proceedings and in the courthouse of the probate court of the county of the biological parents’ last known address.c. Any other substituted service as determined by the court.(d) Service by publication shall be made in the county of the last known address of the mother and the legal or putative father unless no newspaper of general circulation exists in the county, in which case service by publication shall be made in a newspaper with general circulation in that county.(e) The notice required by this section may be waived in writing by the person entitled to receive notice. A party listed in subdivisions (a)(8), (a)(9), and (a)(10) may appoint an employee to waive notice on its behalf.(f) Proof of service of the notice on all persons for whom notice is required by this section must be filed with the court before the adjudicatory hearing of a contested case provided for in Section 26-10E-23.
