§ 26-10A-1 Short title
§ 26-10A-2 Definitions
§ 26-10A-3 Jurisdiction
§ 26-10A-4 Venue
§ 26-10A-5 Who may adopt
§ 26-10A-6 Who may be adopted
§ 26-10A-7 Persons whose consents or relinquishment are required
§ 26-10A-8 Consent or relinquishment by a minor parent
§ 26-10A-9 Implied consent or relinquishment
§ 26-10A-10 Persons whose consents or relinquishments are not required
§ 26-10A-11 Consent or relinquishment
§ 26-10A-12 Persons who may take consent or relinquishments; forms
§ 26-10A-13 Time of consent or relinquishment; filing with court
§ 26-10A-14 Withdrawal of consent or relinquishment
§ 26-10A-15 Surrender of custody of minor under age of majority
§ 26-10A-16 Petition
§ 26-10A-17 Notice of petition
§ 26-10A-18 Custody pending final decree
§ 26-10A-19 Investigation
§ 26-10A-20 Removal of adoptee from county
§ 26-10A-21 Related proceedings
§ 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other party
§ 26-10A-23 Fees and charges
§ 26-10A-24 Contested hearing
§ 26-10A-25 Final decree; dispositional hearing
§ 26-10A-26 Appeals
§ 26-10A-27 Stepparent adoptions
§ 26-10A-28 Adoption by other relatives
§ 26-10A-29 Name and status of adoptee
§ 26-10A-30 Grandparent visitation
§ 26-10A-31 Confidentiality of records, hearing; parties
§ 26-10A-32 Birth certificates
§ 26-10A-33 Crime to place children for adoption
§ 26-10A-34 Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father
§ 26-10A-35 Bringing child into state for adoption purposes
§ 26-10A-36 Advertisement as to adoption by persons, organizations, etc., not licensed by Department of Human Resources
§ 26-10A-37 Rules of procedure and rules of evidence
§ 26-10A-38 Application to existing adoptions

Terms Used In Alabama Code > Title 26 > Chapter 10A - Alabama Adoption Code

  • abandonment: A voluntary and intentional relinquishment of the custody of a minor by parent, or a withholding from the minor, without good cause or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or the opportunity for the display of filial affection, or the failure to claim the rights of a parent, or the failure to perform the duties of a parent. See Alabama Code 26-10A-2
  • adoptee: The person being adopted. See Alabama Code 26-10A-2
  • adult: A person who is 19 years of age or older or who by statute is otherwise deemed an adult. See Alabama Code 26-10A-2
  • adult: An individual 19 years of age or older. See Alabama Code 12-15-102
  • aftercare: Conditions and supervision as the juvenile court orders after release from the Department of Youth Services. See Alabama Code 12-15-102
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • applicant: A natural person who files a written application with the governing body of the city in accordance with Section 45-35A-52. See Alabama Code 45-35A-52.01
  • APPOINTING AUTHORITY: A department head. See Alabama Code 45-35A-51.01
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: The Dothan Downtown Redevelopment Authority, a public corporation organized pursuant to this part. See Alabama Code 45-35A-52.01
  • AUTHORIZING RESOLUTION: A resolution adopted by the governing body of the city in accordance with Section 45-35A-52. See Alabama Code 45-35A-52.01
  • board: The personnel board herein authorized. See Alabama Code 45-35A-51.01
  • board: The board of directors of the authority. See Alabama Code 45-35A-52.01
  • bonds: Includes bonds, notes, and certificates representing an obligation to pay money. See Alabama Code 45-35A-52.01
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • child: An individual under the age of 18 years, or under 21 years of age and before the juvenile court for a delinquency matter arising before that individual's 18th birthday, or under 19 years of age and before the juvenile court for a child in need of supervision matter or commitment to the State Department of Mental Health or under 19 years of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2). See Alabama Code 12-15-102
  • CHILD IN NEED OF SUPERVISION: A child who has been adjudicated by a juvenile court for doing any of the following and who is in need of care, rehabilitation, or supervision:

    a. See Alabama Code 12-15-102

  • city: The City of Dothan, Alabama. See Alabama Code 45-35A-52.01
  • CLASSIFIED SERVICE: Includes all offices, positions, and employment in the City of Dothan as these offices, positions, and employment now or may hereafter exist, the holders of which are paid whether by salary, wages, or fees, in whole or in part, from funds of the city, except those expressly placed in the unclassified service. See Alabama Code 45-35A-51.01
  • committee: The citizens supervisory committee herein created. See Alabama Code 45-35A-51.01
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • consent: Voluntarily agreeing to adoption. See Alabama Code 26-10A-2
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • DELINQUENT ACT: An act committed by a child that is designated a violation, misdemeanor, or felony offense pursuant to the law of the municipality, county, or state in which the act was committed or pursuant to federal law. See Alabama Code 12-15-102
  • DELINQUENT CHILD: A child who has been adjudicated for a delinquent act and is in need of care or rehabilitation. See Alabama Code 12-15-102
  • Dependent: A person dependent for support upon another.
  • detention: The temporary placement of children alleged or adjudicated to be delinquent in secure custody as defined herein pending juvenile court disposition or transfer to a residential facility for further care of a child adjudicated delinquent. See Alabama Code 12-15-102
  • Devise: To gift property by will.
  • director: The personnel director herein created. See Alabama Code 45-35A-51.01
  • director: A member of the board of the authority. See Alabama Code 45-35A-52.01
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • DOWNTOWN DEVELOPMENT AREA: The central business district of the city as described in subsection (b) of Section 45-35A-52. See Alabama Code 45-35A-52.01
  • employee: A person in the classified service herein set up and appointed by the appointing authority, unless herein expressly excepted. See Alabama Code 45-35A-51.01
  • EMPLOYMENT REGISTER: Typewritten lists containing the names of those applicants who have successfully passed mental tests for initial employment within the classified service for any specific position and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained. See Alabama Code 45-35A-51.01
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • examination: Physical fitness evaluation to include annual or other physical examinations, physical fitness examinations, final physical examinations, or any other type of physical examinations as prescribed by the personnel board or the director to determine the physical fitness of initial applicants for employment within the classified service and the physical fitness of classified employees now assigned, to qualify physically for the positions they now occupy or expect to occupy within the classified service. See Alabama Code 45-35A-51.01
  • father: A male person who is the biological father of the minor or is treated by law as the father. See Alabama Code 26-10A-2
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • GOVERNING BODY: With respect to the city, its city council, board of commissioners, or other like governing body. See Alabama Code 45-35A-52.01
  • GUARDIAN AD LITEM: A licensed attorney appointed by a juvenile court to protect the best interests of an individual without being bound by the expressed wishes of that individual. See Alabama Code 12-15-102
  • incorporators: The persons forming a public corporation organized pursuant to this part. See Alabama Code 45-35A-52.01
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INTAKE OFFICER: A juvenile probation officer or an employee of the judicial branch of government, who is neutral and detached from executive and legislative branch activities, designated by the juvenile court judge to initiate original delinquency, dependency, and child in need of supervision cases, as well as cases designated in Section 12-15-132, before the juvenile court. See Alabama Code 12-15-102
  • 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.
  • JUVENILE COURT: The juvenile or family court division of the circuit or district court having jurisdiction over matters as provided by this chapter. See Alabama Code 12-15-102
  • JUVENILE DETENTION FACILITY: Any facility owned or operated by the state, any county, or other legal entity licensed by and contracted with the Department of Youth Services for the detention of children. See Alabama Code 12-15-102
  • LAW ENFORCEMENT OFFICER: Any person, however denominated, who is authorized by law to exercise the police powers of the state, a county, or local governments. See Alabama Code 12-15-102
  • LEGAL CUSTODIAN: A parent, person, agency, or department to whom legal custody of a child under the jurisdiction of the juvenile court pursuant to this chapter has been awarded by order of the juvenile court or other court of competent jurisdiction. See Alabama Code 12-15-102
  • LEGAL CUSTODY: A legal status created by order of the juvenile court which vests in a legal custodian the right to have physical custody of a child under the jurisdiction of the juvenile court pursuant to this chapter and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, clothing, education, and medical care, all subject to the powers, rights, duties, and responsibilities of the legal guardian of the person of the child and subject to any residual parental rights and responsibilities. See Alabama Code 12-15-102
  • LEGAL GUARDIAN: A person who has been appointed by a probate court pursuant to the Alabama Uniform Guardianship and Protective Proceedings Act, Chapter 2A (commencing with Section 26-2A-1) of Title 26 to be a guardian of a person under 19 years of age who has not otherwise had the disabilities of minority removed. See Alabama Code 12-15-102
  • LICENSED CHILD PLACING AGENCY: Any adoption agency that is licensed under the provisions of the Alabama Child Care Act of 1971 or any adoption agency approved by the Department of Human Resources. See Alabama Code 26-10A-2
  • MASCULINE GENDER: Comprehends all other genders. See Alabama Code 45-35A-51.01
  • minor: A person under the age of 19 or a person who is not an adult under the law in the jurisdiction where he or she resides. See Alabama Code 26-10A-2
  • minor: An individual who is under the age of 19 years and who is not a child within the meaning of this chapter. See Alabama Code 12-15-102
  • mother: A female person who is the biological mother of the minor or is treated by law as the mother. See Alabama Code 26-10A-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • parent: Natural or legal father or mother. See Alabama Code 26-10A-2
  • parent: The legal mother or the legal father of a child under the jurisdiction of the juvenile court pursuant to this chapter. See Alabama Code 12-15-102
  • PARTIES IN INTEREST: The adoptive parents and the natural parents unless the rights of the natural parents have been terminated or relinquished for purposes of adoption then the agency that has custody becomes a party in interest. See Alabama Code 26-10A-2
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: Unless limited to a natural person by the context in which it is used, includes a public or private corporation, a municipality, a county, or an agency, department, or instrumentality of the state, or of a county or municipality. See Alabama Code 45-35A-52.01
  • PICK-UP ORDER: In any case before the juvenile court, an order directing any law enforcement officer or other person authorized by this chapter to take a child into custody and to deliver the child to a place of detention, shelter, or other care designated by the juvenile court. See Alabama Code 12-15-102
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
  • PRESUMED FATHER: Any male person as defined in the Alabama Uniform Parentage Act. See Alabama Code 26-10A-2
  • PRINCIPAL OFFICE: The place at which the certificate of incorporation and amendments thereto, the bylaws and the minutes of the proceedings of the board of the authority are kept. See Alabama Code 45-35A-52.01
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • probation: The legal status created by order of the juvenile court following an adjudication of delinquency or in need of supervision whereby a child is permitted to remain in a community subject to supervision and return to the juvenile court for violation of probation at any time during the period of probation. See Alabama Code 12-15-102
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • project: Interests in land, buildings, structures, facilities, or other improvements located or to be located within the downtown development area, and any fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area. See Alabama Code 45-35A-52.01
  • PROMOTIONAL REGISTER: Typewritten lists containing the names of those classified employees, presently assigned, who have successfully passed mental tests for promotion to higher positions within the classified service and which names are listed in the order of final grades attained on such tests from the highest grade attained to the lowest grade attained. See Alabama Code 45-35A-51.01
  • property: includes both real and personal property. See Alabama Code 1-1-1
  • PUBLIC HEARING: A meeting of the board open to the public, where any citizen, taxpayer, or other interested party may appear and be heard, subject to the duly adopted rules and regulations. See Alabama Code 45-35A-51.01
  • PUBLIC RECORD: A record which the members of the public shall have the right to inspect, within reason and during ordinary business hours. See Alabama Code 45-35A-51.01
  • PUTATIVE FATHER: The alleged or reputed father. See Alabama Code 26-10A-2
  • relinquishment: Giving up the physical custody of a minor for purpose of placement for adoption to a licensed child placing agency or the Department of Human Resources. See Alabama Code 26-10A-2
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • roster: A typewritten list showing the names of persons employed in the classified service by departments and the position occupied by each employee concerned. See Alabama Code 45-35A-51.01
  • RULES AND REGULATIONS: A prescribed course of procedure adopted by the board to promote the administration of this part and the system hereby created. See Alabama Code 45-35A-51.01
  • Service of process: The service of writs or summonses to the appropriate party.
  • SHELTER CARE: The temporary care of children in group homes, foster care, relative placement, or other nonpenal facilities. See Alabama Code 12-15-102
  • SPECIAL NEEDS CHILD: A child as defined by the federal Adoption Assistance and Child Welfare Act of 1980. See Alabama Code 26-10A-2
  • state: The State of Alabama. See Alabama Code 45-35A-52.01
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • tests: Written, oral, or other methods of evaluation established by the board or director, to determine the merit, aptitude, knowledge of the job, and general qualifications, other than physical, of applicants to fill initial positions within the classified service, or for the promotion of those classified employees presently assigned to higher positions within the classified service, or for the purpose of reclassification or transfer of such employees into new or existing positions within the classified service. See Alabama Code 45-35A-51.01
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1