about2bgran
Junior Member
What is the name of your state? Alabama
Can I stop my son's girlfriends(she is 17) mother from putting their baby up for adoption?
Can I stop my son's girlfriends(she is 17) mother from putting their baby up for adoption?
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unborn granchild
- Thread starter about2bgran
- Start date
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Your son has rights,:
Alabama Adoption Statute Summary
Code of Alabama Sections 26-10A-1 to 26-10A-38 (1997)
Who Can Adopt?
Any adult single person or husband and wife jointly who are adults may petition the court to adopt a minor. When the child arrives at the adoptive parent's home, that person must be able to be in the home with the minor for a reasonable period of time, not to exceed 60 days, to ensure the child's
adjustment.
Who Can Be Adopted?
Any minor can be adopted.
Consent to Adoption
Written consent to adoption is required by the following parties:
1. the mother;
2. the "presumed" father, regardless of paternity if he and the mother were married and the child was born during the marriage, or within 300 days after the marriage was terminated; or before the child's birth if he and the mother had attempted to marry in compliance with the law, although the attempted marriage is invalid, and the child was born during the attempted marriage or within 300 days after termination of cohabitation; or after the child's birth if he and the mother were married or attempted to marry and with his knowledge or consent he was named father on the birth certificate, he is obligated to pay child support; or if he received the adoptee into his home and openly held out the child as his own;
3. the adoption agency, unless the court orders placement without agency consent;
4. the "putative father," if he is made known to the court and responds within 30 days to the notice he receives; and
5. the adoptee, if 14 years of age or older, unless the adoptee is found not to have the mental capacity to consent.
6. If the parent of the child to be adopted is a minor, a guardian ad litem must be appointed to represent the interests of the parent.
No consent is required of the following parties:
1. a parent whose parental rights have been terminated;
2. a parent who has been declared incompetent, or who has given up the child to the Department of Human Resources or an adoption agency;
3. a parent who has left the child without provision for the child's identification for 30 days;
4. a parent who left the child with others without provisions for support and without communication for 6 months;
5. a parent who fails to respond to notice of the adoption hearing within 30 days; or
6. an "alleged" father who has in a written statement denied paternity or the biological father if he is unknown to the court.
Consent may take place at any time, except that once signed it may be withdrawn in writing within 5 days after the child's birth or within 5 days after the signing of the consent, whichever comes last. Consent can be withdrawn if the court finds that it is in the child's best interest within 14 days after the child's birth or after the signing of consent. Consent can also be withdrawn within one year if it was obtained by fraud, duress, mistake, or undue influence.
Putative Father Registry
A putative father who files notice with the putative father registry within 30 days of the birth of the child is entitled to notice of adoption hearings. If he does not file within this time period, he is presumed to have given irrevocable implied consent to the adoption.
Confidentiality
All hearings in adoption proceedings are confidential and are held in closed court. All documents pertaining to the adoption are sealed and kept as permanent records of the court and can be inspected only upon a court order. The adoptive parents, natural parents, or adoptee who is 19 years of age or older, can receive limited, nonidentifying information,including medical history of biological parents and family background. If the biological motheror father gave consent, the agency can release other identifying information, including the original birth certificate. If the biological parent did not give consent, the adoptee at 19 years of age can petition the court for disclosure of identifying information. If any person has a compelling need for identifying or additional nonidentifying information the court can order its release.
Permissible Fees
No agency or person can accept fees for bringing the adopting parent together with the adoptee or the biological parents or for giving consent to an adoption. Adopting parents can be required to pay reasonable fees relating to adoption, (e.g. medical, legal, prenatal) with court approval.
Place of Adoption Hearing
The hearing may take place in the court where the adoptee resides, where the adoptive parent resides, or where the adoption agency that has custody is located.
Authority To Place Child
Independent adoptions are not legal in this State. A child may be placed for adoption only by a parent, a parent of a deceased parent, certain relatives, the Department of Human Resources, a licensed child placement agency, or an agency, or an agency approved by the Department of Human Resources.
Relative Adoption
Certain relatives may adopt, but before adoption can occur the child must have lived with the relative for 1 year, unless the court waives this provision. Unless ordered by the court, no preplacement home investigation has to occur, and the relative does not have to report fees or charges to the court.
Advertisements
No person, organization, agency, corporation, association, hospital, or partnership may verbally or through print, electronic media or otherwise advertise that they will adopt or assist in an adoption, place or assist in a placement, or offer any form of payment to parents related to their child.
Alabama Presumed (Putative) Fathers Law
Presumed (Putative) Fathers
State-Specific Search Results
Alabama
Does State have a Putative Father Registry:
Yes
Registry/Paternity Requirements to Receive Notice
Statute:
§ 26-10C-1
May file prior to child's birth or within 30 days of birth.
Complete Department of Human Resources form signed by putative father and notarized.
Information Contained in Registry/Claim
Statute:
§ 26-10C-1(a)
Name, social security number, date of birth and address of any person adjudicated by a court to be the father, and any person who has filed with the registry.
Revocation of Claim to Paternity
Statute:
§ 26-10C-1(d)
Putative father may at any time revoke a notice of intent to claim paternity.
Access to Information Maintained in Registry
Statute:
§ 26-10C-1(f)
Court handling adoption.
Any court upon request.
Any person upon a court order for good cause.
Alabama Adoption Statute Summary
Code of Alabama Sections 26-10A-1 to 26-10A-38 (1997)
Who Can Adopt?
Any adult single person or husband and wife jointly who are adults may petition the court to adopt a minor. When the child arrives at the adoptive parent's home, that person must be able to be in the home with the minor for a reasonable period of time, not to exceed 60 days, to ensure the child's
adjustment.
Who Can Be Adopted?
Any minor can be adopted.
Consent to Adoption
Written consent to adoption is required by the following parties:
1. the mother;
2. the "presumed" father, regardless of paternity if he and the mother were married and the child was born during the marriage, or within 300 days after the marriage was terminated; or before the child's birth if he and the mother had attempted to marry in compliance with the law, although the attempted marriage is invalid, and the child was born during the attempted marriage or within 300 days after termination of cohabitation; or after the child's birth if he and the mother were married or attempted to marry and with his knowledge or consent he was named father on the birth certificate, he is obligated to pay child support; or if he received the adoptee into his home and openly held out the child as his own;
3. the adoption agency, unless the court orders placement without agency consent;
4. the "putative father," if he is made known to the court and responds within 30 days to the notice he receives; and
5. the adoptee, if 14 years of age or older, unless the adoptee is found not to have the mental capacity to consent.
6. If the parent of the child to be adopted is a minor, a guardian ad litem must be appointed to represent the interests of the parent.
No consent is required of the following parties:
1. a parent whose parental rights have been terminated;
2. a parent who has been declared incompetent, or who has given up the child to the Department of Human Resources or an adoption agency;
3. a parent who has left the child without provision for the child's identification for 30 days;
4. a parent who left the child with others without provisions for support and without communication for 6 months;
5. a parent who fails to respond to notice of the adoption hearing within 30 days; or
6. an "alleged" father who has in a written statement denied paternity or the biological father if he is unknown to the court.
Consent may take place at any time, except that once signed it may be withdrawn in writing within 5 days after the child's birth or within 5 days after the signing of the consent, whichever comes last. Consent can be withdrawn if the court finds that it is in the child's best interest within 14 days after the child's birth or after the signing of consent. Consent can also be withdrawn within one year if it was obtained by fraud, duress, mistake, or undue influence.
Putative Father Registry
A putative father who files notice with the putative father registry within 30 days of the birth of the child is entitled to notice of adoption hearings. If he does not file within this time period, he is presumed to have given irrevocable implied consent to the adoption.
Confidentiality
All hearings in adoption proceedings are confidential and are held in closed court. All documents pertaining to the adoption are sealed and kept as permanent records of the court and can be inspected only upon a court order. The adoptive parents, natural parents, or adoptee who is 19 years of age or older, can receive limited, nonidentifying information,including medical history of biological parents and family background. If the biological motheror father gave consent, the agency can release other identifying information, including the original birth certificate. If the biological parent did not give consent, the adoptee at 19 years of age can petition the court for disclosure of identifying information. If any person has a compelling need for identifying or additional nonidentifying information the court can order its release.
Permissible Fees
No agency or person can accept fees for bringing the adopting parent together with the adoptee or the biological parents or for giving consent to an adoption. Adopting parents can be required to pay reasonable fees relating to adoption, (e.g. medical, legal, prenatal) with court approval.
Place of Adoption Hearing
The hearing may take place in the court where the adoptee resides, where the adoptive parent resides, or where the adoption agency that has custody is located.
Authority To Place Child
Independent adoptions are not legal in this State. A child may be placed for adoption only by a parent, a parent of a deceased parent, certain relatives, the Department of Human Resources, a licensed child placement agency, or an agency, or an agency approved by the Department of Human Resources.
Relative Adoption
Certain relatives may adopt, but before adoption can occur the child must have lived with the relative for 1 year, unless the court waives this provision. Unless ordered by the court, no preplacement home investigation has to occur, and the relative does not have to report fees or charges to the court.
Advertisements
No person, organization, agency, corporation, association, hospital, or partnership may verbally or through print, electronic media or otherwise advertise that they will adopt or assist in an adoption, place or assist in a placement, or offer any form of payment to parents related to their child.
Alabama Presumed (Putative) Fathers Law
Presumed (Putative) Fathers
State-Specific Search Results
Alabama
Does State have a Putative Father Registry:
Yes
Registry/Paternity Requirements to Receive Notice
Statute:
§ 26-10C-1
May file prior to child's birth or within 30 days of birth.
Complete Department of Human Resources form signed by putative father and notarized.
Information Contained in Registry/Claim
Statute:
§ 26-10C-1(a)
Name, social security number, date of birth and address of any person adjudicated by a court to be the father, and any person who has filed with the registry.
Revocation of Claim to Paternity
Statute:
§ 26-10C-1(d)
Putative father may at any time revoke a notice of intent to claim paternity.
Access to Information Maintained in Registry
Statute:
§ 26-10C-1(f)
Court handling adoption.
Any court upon request.
Any person upon a court order for good cause.
about2bgran
Junior Member
Thank you for that information. I have been searching all day and could not come up with anything on my own. I don't think I was asking the right question.
VeronicaGia
Senior Member
Why would you want to? If she and he believe this is the best thing, it is not your place to stop it! At 17, it is the wisest thing to do, especially if they agree.about2bgran said:
about2bgran
Junior Member
He doesn't want to do that and neither does she. It would be her mother trying to force her to do it. I wouldn't want it to happen because I wouldn't want someone else raising my grandchild when I could do it myself. I believe that family should stay together whenever possible. I couldn't stand the thought of never being able to see or hold my grandchild just because someone else wanted to be mean to my son.
Apparently, the son doesn't agree and is not allowed any say at this point, that is why I cited the adoption laws for Alabama, so she could find out her son's rights. That was the question, not what was our opinion on the best option. I read not only the question on this thread but also her other thread.VeronicaGia said:
about2bgran said:
BelizeBreeze
Senior Member
And of course, until paternity is established there IS no child for you OR your son to worry about. That's a little step everyone seems to have forgotten 
about2bgran
Junior Member
Well as far as I'm concerned there is a child. She says it's his and so does he. So, I didn't want to wait until the baby was here to see what I could do. People sometimes put them up for adoption straight out of the hospital.
BelizeBreeze
Senior Member
Which is her right until such time as a court says it's not.about2bgran said:
Not so, that is why I cited:BelizeBreeze said:And of course, until paternity is established there IS no child for you OR your son to worry about. That's a little step everyone seems to have forgotten
Statute:
§ 26-10C-1
May file prior to child's birth or within 30 days of birth.
Complete Department of Human Resources form signed by putative father and notarized.
Of course there will be a DNA test, but that statute is what gives the putative father his rights prior to birth to claim paternity, furthermore:
§ 26-10C-1(d)
Putative father may at any time revoke a notice of intent to claim paternity.
If the putatuve father fails to file and more than 30 days from birth have elapsed, the child can be adopted without his permission, therein lies the problem, if he wants to invoke his parental rights and establish paternity. The pregnant minor's parents are within their rights to provide for her care as they see fit, while at the same time, the pregnant minor has rights over her reproductive health and decisions as well as rights and responsibilities for her child, same for the father's rights and responsibilities for the child.
In theory the parents could send their minor child to another state to effectively keep the two young parents from contact or communication, deliver the child and encourage her put it up for adoption. Unless the putative father has filed with the putative father registry, prior to birth, to assert his rights, the child could be born and 30 days pass without his knowledge. His claim to paternity can be revoked at a later time to allow adoption if he so chooses.
It is not what you think or feel, all rights to this child belong to the parents of that child.about2bgran said:
What are your son's wishes in this matter?
Does he want to invoke his cliaim to paternity and all the responsibilities that entails? What does the young mother want?
His rights and responsibilities are limited at this point, he has some choices, after the child is born, he has a different set of choices and responsibilities, some of which he may have no choice.
Is he able to provide for this child's support and care, without your or the states help?
Are you seeking to adopt this child if it were put up for adoption?
If this child is not adopted, are the two parents able to care for the child and cooporate in it's care for the rest of their lives?
Even if you want to take care of this child, might the child be better off adopted by a family mature and stable enough to do this without compromise?
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