(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.
Terms Used In Alabama Code 26-10E-24
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.
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
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
(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 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 interests of the adoptee are served by the adoption.(8) That each petitioner has been cleared through each of the following background checks:
a. The Adam Walsh Act, U.S. Public Law 109-248, including each of the following:
1.State and federal criminal history.2. Child abuse and neglect history.3. Sex Offender Registry history.b. Child support payment history.(9) A sworn statement of full accounting of disbursements pursuant to Section 26-10E-23, if applicable, has been filed.(10) All other requirements of this chapter have been met.(c) The court shall enter its finding in a written final judgment of adoption, which shall also include the new name of the adoptee after adoption and shall not include any other name by which the adoptee has been known or any names of the former parent. The final judgment of adoption 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.
