Alabama provides that any adult, rendered fit and proper, may adopt a minor child. The Department of Human Resources may not prevent an adoption based solely on a person’s age or their marital status. If the child to be adopted is fourteen (14) years of age or older, the child may consent to the adoption unless the Court determines that the child does not have the mental capacity to provide consent.
In seeking an adoption, it is essential that consent to the adoption be obtained from the biological mother. A guardian ad litem may be appointed by the Court to represent the biological mother’s best interest if she is a minor herself. The biological mother must consent or relinquish consent to the adoption. Consent or relinquishment of consent by a minor may not be revoked by reason of the minor reaching the age of majority. Further, the biological father must also consent or relinquish consent if he was married to the biological mother at the time of the child’s birth or if the child was born at least 300 days after the marriage was terminated. The biological father must also consent if he and the biological mother attempted to get married after the birth of the child, or if the father is obligated by Court order to provide child support on the child’s behalf, or if his name is on the child’s birth certificate, or if he openly held the child out as his own and the child resided with him in his home. A minor father’s actions may also imply consent and, if so, the appointment of a guardian ad litem to represent the minor father’s best interest is not necessary.
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