The 5 Alabama Adoption Laws You Need to Know

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.

Top 5 Alabama Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in Alabama?

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.  

Ala. Code  § 26-10A-7, 26-10A-8(2020)

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in an Alabama adoption?

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. 

Ala. Code  § 26-10A-23(b)(2020)

Separate Legal Representation

Will I be offered my own Alabama adoption lawyer?

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.

Ala. Code §26-10A-8(2020)

Open Adoption

How does Open Adoption work in Alabama?

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.   

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How does Consent to Adoption work in Alabama?

How does the legal process for adoption work in Alabama?

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)

How long will I have to change my mind about adoption in Alabama?

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.

 Ala. Code  § 26-10A-13(2020)

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