What is the name of your state? Alabama
Once upon a time(20 years ago)I married a wonderfful woman and adopted her daughter. Life goes on and at this point our daughter has a baby(my grandson)which the state of Alabama has given us temporary custody. We have had temp. custody for 9 months know. To make a long story short, our daughter is not getting herself together and the state wants to permantly place the child with us. The problem is my wife(roomate) and I have been having rocky times for about a year know and are attending marriage couseling. Hate to say it but, not sure if we can salvage our realationship. Moraly to me there is nothing worse than a deadbeat dad but I'm faced with a situation. I have and always will take care of my own but my wife is also a divorce paralegal. My question is this. The state is growing inpatient about our Grandson as I am with our marriage relationship repair. Can my wife adopt our Grandson without me while we are still legaly married and in the event it doesn't work out between us I can support my Grandson on my own moral terms and not her legal terms?What is the name of your state?
I found this info. I do NOT see that the spouse of the adoptive parent must join in, in the consent section. Theoreticically, it may be possible for wife to do a single parent adoption of her grandchild. However, under Who Can Adopt, it does state H&W JOINTLY.
Do not do an adoption unless YOU really want to. You have the right to NOT want to start over as an adoptive parent now that your child is grown.
Speak to the placing agency about options. But first speak to your wife. She may want to pursue a single parent adoption and divorce simultaneously.
http://www.adoptionsolutions.com/general/state laws/al_law.htm
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.
