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(c) The petition to withdraw consent or relinquishment must be in writing, signed by the person seeking to withdraw the consent or relinquishment, dated, and signed by two witnesses.
(d) In adjudicating a petition to withdraw a consent or relinquishment, the person seeking to withdraw the consent or relinquishment shall establish the facts necessary to withdraw the consent or relinquishment by a preponderance of the evidence.
Please use appropriate resources and an attorney's advice when making legal decisions. Section 26-10A-35 Bringing child into state for adoption purposes. The following words and phrases shall have the following meaning whenever used in this chapter except where the context clearly indicates a different meaning: (1) ABANDONMENT. (5) That the person executing the document is voluntarily and unequivocally consenting to the adoption of the named adoptee.Before you read the following information about Alabama child adoption laws we would like to ask for your help in our project to help babies, children and their mothers and fathers. Section 26-10A-36 Advertisement as to adoption by persons, organizations, etc., not licensed by Department of Human Resources. 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 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. (6) That by signing the document and subsequent court order to ratify the consent, the person executing the document understands that he or she will forfeit all rights and obligations; that he or she understands the consent or relinquishment and executes it freely and voluntarily.Right now you have the power to help pregnant women, struggling mothers and children at no cost. Section 26-10A-37 Rules of procedure and rules of evidence. This chapter shall be known as and may be cited as the Alabama Adoption Code. (7) That the person executing the document understands that the consent may be irrevocable, and should not execute it if he or she needs or desires psychological or legal advice, guidance, or counseling.If the adult person is without a spouse, guardian, or conservator and the court has reason to believe that the adult person is incompetent to give consent, the court shall appoint a guardian ad litem who shall investigate the adult person's circumstances and that guardian ad litem shall give or withhold consent. (a) A consent of the natural mother taken prior to the birth of a child shall be signed or confirmed before a judge of probate.The guardian ad litem shall file a written report stating the basis for the decision and the court shall afford a hearing to all parties to present evidence as to the best interest of the adult person, and 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 incompetent adult person, it may proceed to make any other orders it deems necessary for the adult person's welfare, including granting the petition for adoption. At the time of taking the consent the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the consent and shall provide the parent with a form for withdrawing the consent in accordance with the requirements of Sections 26-10A-13 and 26-10A-14. 118, §1.) Section 26-10A-13 Time of consent or relinquishment; filing with court.
(a) Any adult person or husband and wife jointly who are adults may petition the court to adopt a minor. Before the adoptee's birth, he and the adoptee's mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and, 1.