(a) Upon the filing of a pleading or a motion by a party contesting the adoption, or upon transfer of a contested case pursuant to Section 26-10E-3, the court shall forthwith set the matter for a contested hearing to determine each of the following:

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Terms Used In Alabama Code 26-10E-23

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • 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
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) Whether the best interests of the adoptee will be served by the adoption.
(2) Whether the adoptee is available for adoption by each petitioner and whether each petitioner qualifies to adopt an adoptee within the requirements of this chapter.
(3) Whether all necessary express consent, implied consent, or relinquishment to the adoption have been given and, if so, are valid.
(4) Whether an express consent or relinquishment has been or may be withdrawn.
(b) The court shall give at least 14 days of notice of the contested hearing by United States mail to all parties who have appeared before the court, unless notice has been waived in writing. The party contesting the adoption and each petitioner shall be present at the contested hearing. A guardian ad litem shall appear and represent the interests of the adoptee. Any contestant who is a mentally incapacitated person or a minor shall also be represented by a guardian ad litem in addition to any counsel retained by the contestant.
(c) The court may continue the hearing from time to time to permit notice to all parties, or to permit further discovery, observation, investigation, or consideration of any fact or circumstance affecting the granting or denial of the adoption petition. The court may order the investigator appointed under Section 26-10E-19, or a court representative to investigate allegations underlying the contest or the whereabouts of any person entitled to notice of the proceeding.
(d) After hearing evidence at a contested hearing, the court shall decide the contest as soon as practicable. If it is determined by the court that the adoption petition should be denied, the court shall either transfer the case to the appropriate juvenile court pursuant to Section 26-10E-3 for the limited purpose of considering termination of parental rights or it shall enter a final judgment denying the adoption. Otherwise, the court shall enter a final judgment denying the contest and, subject to any post judgment motions and appellate proceedings, the probate court shall proceed as provided in Section 26-10E-24. The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings.
(e) At the contested-case hearing, the court shall consider any motion of the petitioner or petitioners to obtain reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement.
(f)

(1) Following the entry of a final judgment denying an adoption contest, the court shall enter a temporary custody order determining each of the following:

a. Whether it is in the best interests of the minor child for the petitioner or petitioners to retain custody of the minor child or for the minor child to be returned to the person or agency with legal custody of the minor child prior to the filing of the petition.
b. Whether a written report should be sent to the county Department of Human Resources pursuant to Chapter 14 of Title 26 for a further determination concerning custody.
(2) The custody determination shall remain in effect only until another court of competent jurisdiction enters a custodial order regarding the minor child.
(g) Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.
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