Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Alabama adoption laws you need to know about when considering this for your family.
In Alabama, a birth father’s consent is required only if he is a presumed father (married to the mother) or, if he responds within 30 days of being given notice of the adoption and files a request for custody in court.
In Alabama, the adoptive parents may pay the expectant mother’s reasonable living expenses during her pregnancy, with court approval. Any expenses paid by the adoptive parents are considered a gift to the expectant mother.
Alabama does not require an expectant mother to be offered her own attorney unless she is a minor, but you still need to make sure you have your own attorney paid for by the agency or adoptive parents. Any family you choose from AdoptMatch will make sure you have your own attorney.
Open adoption agreements are not enforceable in Alabama. This means that any agreement about open adoption in Alabama is based only on a promise, and will not be enforced by a court. It's still very important that whatever you agree to is written down and signed by everyone.
Click here for a map showing which states enforce open adoption agreements.
A birth mother can give her consent for her baby to be adopted any time before or after her baby’s birth. It must be in writing and signed in front of a notary public or a judge.
Ala. Code §§ 26-10A-12(b), 26-10A-13(2020)
A birth mother may withdraw her consent within five (5) days of signing it or within five (5) days of her child’s birth, whichever is later.