(a) All consents must be acknowledged in open court, unless waived by the court for good cause shown.

Terms Used In Alabama Code 26-10F-10

  • 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.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(b) If a guardian ad litem has been appointed for the adult sought to be adopted, the following procedures apply:

(1) The guardian ad litem shall file with the court a written report stating the basis for the decision to give or withhold consent.
(2) The court shall hold a hearing to allow all parties to present evidence as to whether it would be in the best interests of the adult person to be adopted by the petitioner or petitioners.
(c) If the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interests of the incapacitated person, it may proceed to make any other orders it deems necessary for the adult person’s welfare, including granting the petition for adoption.
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