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How long does a birth parent have to appeal an adoption in Alabama after a final decree is made?
Wiki User
∙ 11y ago
generally you can't, unless you can show that your relinquishment was obtained through duress/deception/etc. If one of those applies, then you have one year.
if you want to appeal it after one year, you have to prove that the adoptee was actually kidnapped.
Section 26-10A-14
Withdrawal of consent or relinquishment.
(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except:
(1) As provided in Section 26-10A-13; or
(2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of a petitioner or his agent or the agency to whom or for whose benefit it was given. After one year from the date of final decree of adoption is entered, a consent or relinquishment may not be challenged on any ground, except in cases where the adoptee has been kidnapped.
(3) Upon dismissal of the adoption after a contested hearing as provided in Section 26-10A-24.
(b) The withdrawal of consent or relinquishment as provided in Section 26-10A-13(a) shall be effected by the affiant signing and dating the withdrawal form provided pursuant to Section 26-10A-12(c) or other written withdrawal of consent containing the information set forth in Section 26-10A-12(c), and by delivering the withdrawal to the court or having the withdrawal postmarked within five days of the child's birth or of signing the consent or relinquishment, whichever comes last.
(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. The court shall not apply any presumption or preference in favor of the natural parents in reviewing an action brought under this section.
(e) If the court directs that the consent or relinquishment be withdrawn, the court shall order the minor restored to the custody of his or her parent or parents, the Department of Human Resources or a licensed child placing agency; otherwise, the court shall deny the withdrawal and declare that the consent or relinquishment is final and binding. Any order made by the court upon a petition to withdraw consent or relinquishment under this section shall be deemed a final order for the purpose of filing an appeal under Section 26-10A-26.
(Acts 1990, No. 90-554, p. 912, §14; Act 2002-417, p. 1061, §1.)
Wiki User
∙ 11y ago
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If you legally give a kid your name is that like adoption?
It depends....Was it only a matter of the child's last name being changed or did you file a Petition to Adopt the child? For you to be the legal parent of this child, then you would have had to file the necessary court paperwork to adopt the child (i.e. petition for adoption) and the court would have had to enter a decree of adoption (i.e. granted your petition for adoption). If the child's name were changed absent an adoption action and decree then you are not legally responsible to support the child.
In Alabama can a child choose to live with a step parent if his legal guardian is living?
The child just cant choose and move out , it is decided at the divorce decree and if it says e can stay with his step parents it is okay
In Alabama can fathers sign over parental rights without the mother agreeing?
sorry to say...yes Correction- no they can't. sorry. they can't do it with the mother agreeing unless its a step-parent adoption
Can a parent prevent adoption after signing over their rights?
Until the adoption is final they can change their minds.
What are the legal aspects of gay adoption?
Gay adoption is legal in all 50 states, but laws vary greatly regarding joint adoption and step-parent adoption.
Can a parent relinquish his rights without it being part of a step parent adoption?
see link
What are three ways of becoming a parent other than by being a bilogical parent?
Stepfamily and adoption
Why do you want the adoption finalized?
By finalizing the adoption, the child becomes legally the same as a biological child with the same rights. Before the adoption is finalized, the kid is simply a kid living in the same building. If the parent dies without a will, the kid gets nothing. Also, if the biological parent wants the kid back and the adoption is not finalized, all the biological parent needs to do is pick up the kid. If the adoption is finalized, there must be a court hearing.
Where can one find information about single parent adoption?
Adoption(dotcom)'s website offers comprehensive information regarding all forms of adoption. While it is not the definitive source, it is one of the most widely used resources. Parents(dotcom) is another good resource to find information regarding single parent adoption.
Is a step parent a legal gaurdian?
No, a step parent has no legal rights to the child. They can only get that through the court or adoption.
In Alabama is the noncustodial parent responsible for college?
no
If your child is adopted without your knowledge do you have to pay child support arrearages?
That is not possible unless fraud has been committed by the custodial parent. Before a child is eligible for adoption all legal steps must be completed as outlined by the laws of the state in which the child is a resident. A biological parent must voluntarily relinquish his or her rights to the child or have those rights permanently terminated by the court. An adoption cannot proceed until the above litigation is completed and a final TPR decree granted. When a child is legally adopted by a new spouse or by a qualified party, the responsibility of financial support by a biological parent(s) is terminated. The court will address the issue of arrearages and if they are applicable before the adoption becomes final.
