(a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on each of the following:
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
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 whose consent is required by Section 26-10F-7.(2) Any legally appointed custodian or guardian of the adoptee.(3) The spouse of the adoptee, if the adoptee is married.(4) Any biological or legal parent of the adoptee.(5) Any individual or entity known to any petitioner as currently having physical custody of the adoptee, if the adoptee is alleged to be an individual with a total and permanent disability or alleged to be an incapacitated person.(6) The Department of Human Resources.(7) Any other individual designated by the court.(b) A copy of the notice for adoption shall be served upon those individuals or agencies provided in subsection (a). The form for the notice shall be developed jointly by the Administrative Office of Courts and the Alabama Law Institute.(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. If the identity or whereabouts of the person whose consent is required under this chapter is unknown, the court shall then issue an order providing for service by publication, by posting, or by any other substituted service.(2) As to the agency or individual referred to in subsection (a)(6), notice shall be by certified mail.(3) As to any other person or entity for whom notice is required under subsection (a)(7), service by certified mail, return receipt requested, shall be sufficient. If such service cannot be completed after two attempts, the court shall issue an order providing for service by publication, by posting, or by any other authorized substituted service.(d) The notice required by this section may be waived in writing by the person or entity entitled to receive notice.(e) 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 dispositional hearing provided in Section 26-10F-13.
