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title-26•Title 26 — Infants and Incompetents
(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.
(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.
(c) All laws or parts of laws which read “under the age of 21 years” hereafter shall read “under the age of 19 years.” Wherever the words “under the age of 21 years” appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.
(d) Notwithstanding subsection (c), nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15.
(e) Notwithstanding subsection (a), or any other provision of law to the contrary, a person who is 18 years of age or older may consent to participate in research conducted by a college or university that is accredited by a federally recognized accrediting agency if the research has been approved by the Institutional Review Board of the institution.
(f) Notwithstanding subsection (a), an unemancipated minor who is 18 years old and of sound mind, notwithstanding his or her minority, may enter into a binding contract as may be exercised by an individual of full legal age. The minor, by reason of his or her minority, may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract.
(Acts 1975, No. 77; Act 2012-415, p. 1127, §1; Act 2015-167, §1; Act 2019-447, §1.)
(a) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal” or “This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incompetency, or incapacity.
(b) All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability, incompetency, or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his or her successors in interest as if the principal was competent, not disabled, and not incapacitated.
(c)(1) If, following execution of a durable power of attorney, a court of the domicile of the principal appoints a guardian, curator, or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.
(2) A principal may nominate, by a durable power of attorney, the guardian, curator, or other fiduciary for consideration by the court if proceedings to appoint a fiduciary for the principal are thereafter commenced. The court shall make its appointment in accordance with the most recent nomination of the principal in a durable power of attorney except for good cause or disqualification.
(d)(1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the successors in interest of the principal.
(2) The disability, incompetency, or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the disability, incompetency, or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his or her successors in interest.
(e) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he or she did not have, at the time of the exercise of the power, actual knowledge of the termination of the power by revocation or of the death, disability, incompetency, or incapacity of the principal is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit, when authenticated for record, is likewise recordable.
(f) This section shall not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity.
(g)(1) A principal may designate under a durable power of attorney an individual who shall be empowered to make health care decisions on behalf of the principal, in the manner set forth in the Natural Death Act, if in the opinion of the principal’s attending physician the principal is no longer able to give directions to health care providers. Subject to the express limitation on the authority of the attorney in fact contained in the durable power of attorney, the attorney in fact may make any health care decision on behalf of the principal that the principal could make but for the lack of capacity of the principal to make a decision, but not including psychosurgery, sterilization, abortion when not necessary to preserve the life of the principal, or involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power of attorney executed pursuant to this section may be revoked by written revocation signed and dated by the principal or person acting at the direction of the principal, or being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel or by a verbal expression of intent to revoke made in the presence of a witness 19 years of age or older who signs and dates a writing confirming an expression to revoke.
(2) Notwithstanding anything in this section to the contrary, an attorney in fact shall have the authority to make decisions regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration but only a. if specifically authorized to do so in the durable power of attorney, b. if the substantive provisions of the durable power of attorney are in substantial compliance and if the durable power of attorney is executed and accepted in substantially the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal illness or injury or permanent unconsciousness, if the authority is implemented in the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed prior to May 8, 1997, shall be effective to the extent specifically provided therein notwithstanding the provisions of this subsection. The decisions made by the attorney in fact shall be implemented in accordance with the same procedures set forth in the Alabama Natural Death Act for health care proxies.
(3) Any authority granted to the spouse under a durable power of attorney shall be revoked if the marriage of the principal is dissolved or annulled, or if the parties are legally separated or a party to divorce proceedings.
(4) Subject to any limitation in the durable power of attorney, an attorney in fact may, for the purpose of making a health care decision, request, review, and receive any information, oral or written, regarding the principal’s physical or mental health, including medical and hospital records, execute a release or other document required to obtain the information, and consent to the disclosure of the information.
(5) Under no circumstances shall the health care provider of the principal or a nonrelative employee of the health care provider of the principal make decisions under the durable power of attorney. For purposes of this subsection, a health care provider is defined as any person or entity who is licensed, certified, registered, or otherwise authorized by the laws of this state to administer or provide health care in the ordinary course of business or in the practice of a profession.
(6) No health care provider or any employee or agent thereof who in good faith and pursuant to reasonable medical standards follows the direction of a duly authorized attorney in fact shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct for an action taken thereunder. Any health care cost or liability for the cost associated with any decision made pursuant to this section shall be the same as if the health care were provided as a result of the principal’s decision relating to his or her own care.
(7) Any person who, without the consent of the principal, willfully conceals, cancels, or alters a durable power of attorney or any amendment or revocation of the agency or who falsifies or forges a durable power of attorney, amendment, or revocation for purposes of making health care decisions shall be civilly liable. In addition, those persons shall be subject to the criminal penalties set forth in the Alabama Natural Death Act.
(8) Any individual acting as an attorney in fact under a duly executed durable power of attorney, which includes provisions which comply with subdivision (2) regarding health care decisions who authorizes the providing, withholding, or withdrawing of life-sustaining treatments or artificially provided nutrition or hydration in accordance with the durable power of attorney and pursuant to this subsection shall not be subject to criminal prosecution or civil liability for that action.
(9) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede any legal right or legal responsibility which any person may have, under case law, common law, or statutory law to effect the provision, withholding, or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration in any lawful manner. In such respect, the provisions of this subsection are cumulative.
(10) No physician or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability or life or health insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation, or mutual nonprofit hospital or hospital service corporation shall require any person to execute a durable power of attorney with respect to health care decisions as a condition for being insured for, or receiving, health care services.
(11) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede the jurisdiction of the circuit court in the county where a patient is undergoing treatment to determine whether life-sustaining treatment or artificially provided nutrition and hydration shall be withheld or withdrawn in circumstances not governed by this subsection.
(12) This subsection shall create no presumption concerning the intention of an individual, who has not executed a durable power of attorney regarding health care decisions, or any other advance directive for health care, or if the durable power of attorney, or advance directive for health care is executed, the durable power of attorney or advance directive for health care is ambiguous or silent as to a particular health care matter, to consent to the use or withdrawing or withholding of life-sustaining treatment or artificially provided nutrition and hydration. The terms “person” and “advance directive for health care” shall have the meaning as under Sections 22-8A-1, et seq.
(13) A durable power of attorney executed in another state in compliance with the law of that state or of this state is valid for purposes of this subsection, but this subsection does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.
(14) Any durable power of attorney regarding health care decisions made prior to May 8, 1997, shall be given effect provided that the durable power of attorney was legally effective when written and artificially provided nutrition and hydration shall not be withdrawn pursuant to the durable power of attorney unless specifically authorized herein.
(h) This provision applies to all powers executed prior to January 1, 2012.
(Acts 1981, No. 81-98, p. 117; Acts 1997, No. 97-360, p. 588, §1; Act 2011-683, p. 2015, §2.)
(a) If any power of attorney or other writing either authorizes an attorney in fact or other agent to do, execute, or perform any act that the principal might or could do, or evidences the principal’s intent to give the attorney in fact or agent full power to handle the principal’s affairs or deal with the principal’s property, the attorney in fact or agent shall have the power and authority to make gifts of any of the principal’s property to any individuals, including the attorney in fact or agent, within the limits of the annual exclusion as provided by Section 2503(b) of Title 26 of the United States Code, and taking into account the availability of Section 2513 of Title 26 of the United States Code, as the same may from time to time be amended, or to organizations described in Sections 170(c) and 2522(a) of Title 26 of the United States Code, or corresponding future provisions of federal tax law, or both, as the attorney in fact or agent shall determine: (1) to be in the principal’s best interest; (2) to be in the best interest of the principal’s estate; or (3) that will reduce the estate tax payable on the principal’s death; and is in accordance with the principal’s personal history of making or joining in the making of lifetime gifts.
(b) Subsection (a) shall not in any way impair the right or power of any principal, by express words in the power of attorney or other writing, to further authorize, expand, or limit the authority of any attorney in fact or other agent to make gifts of the principal’s property.
(c) This section is declaratory of Section 26-1-2 and shall not be construed to nullify any actions taken by any attorney in fact prior to May 6, 1994.
(Acts 1994, 1st Ex. Sess., No. 94-802, p. 108, §§1-3.)
[Repealed]
REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-51 EFFECTIVE JULY 1, 2015.
(Acts 1984, 1st Ex. Sess., No. 84-763, p. 134.)
(a) A person who is 17 years of age or older may consent to donate blood in a voluntary and noncompensatory blood donation program without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.
(b) A person who is 16 years of age may donate blood in a voluntary and noncompensatory blood donation program if the person obtains written permission from the person’s parent or guardian.
(c) A person 18 years of age or older may consent to donate blood or plasma without the permission of a parent or guardian. The consent is not subject to later disaffirmance because of minority.
(Act 2007-395, p. 789, §1; Act 2015-51, §1.)
(a) Notwithstanding any other provisions of law to the contrary, upon request to the Alabama State Law Enforcement Agency, by the Department of Human Resources, or by any other youth service agency approved by the department, such center shall provide information to the department or an approved agency concerning the felony criminal conviction record in this or another state of an applicant for a paid or voluntary position, including one established by contract, whose primary duty is the care or treatment of children, including applicants for adoption or foster parents. All information, including any criminal conviction record, procured by the department or an approved agency shall be confidential and shall not be further disclosed by such agencies or their representatives. The applicant may be denied an adoptive or foster parent status if he or she has a felony conviction, and if a foster parent is subsequently convicted of a felony the child or children may be removed from that home and relocated with another foster parent. This determination shall be made by the court handling the matter, giving primary consideration to the best interests of the child.
(b) The Alabama State Law Enforcement Agency shall provide appropriate forms and shall create a procedure for the application for such information.
(c) Any violation of the provisions of this section relative to the confidentiality of information received by the department or other approved agency shall be punishable by a fine of not more than $1,000.00.
(Acts 1985, No. 85-537, p. 651.)
(a) Notwithstanding Section 26-1-1, the age of majority for the purposes of contracting for educational loans for college level education and above, within the State of Alabama, shall be 17 years of age.
(b) Notwithstanding Section 26-1-1, for purposes of contracting with a bank, credit union, or similar savings and loan institution, including obtaining a loan or opening a checking or savings account, a member of any branch of the Armed Forces of the United States shall be deemed to have attained the age of majority and shall be relieved of his or her disabilities of minority for that purpose, and he or she may continue to be deemed to have reached the age of majority even if he or she shall subsequently no longer be a member of the Armed Forces of the United States. A member of the Armed Forces of the United States who contracts with a bank, credit union, or similar savings and loan institution may not rescind, avoid, or repudiate the contract or rescind, avoid, or repudiate any exercise of a right or privilege under the contract solely on the basis of the member’s age, even if he or she subsequently is no longer a member of the Armed Forces of the United States. A member of the Armed Forces of the United States seeking to contract with a bank, credit union, or similar savings or loan institution pursuant to this subsection may be required to verify his or her membership in the Armed Forces of the United States by presenting in person a valid United States Uniformed Services Privileges and Identification Card.
(Acts 1987, No. 87-801, p. 1574; Act 2019-222, §1.)
(a) The Legislature finds and declares both of the following:
(1) The Alabama Supreme Court and United States Supreme Court have recognized that parents have a fundamental right to direct the upbringing of their children.
(2) The liberty protected by the due process clause includes the fundamental right of parents to direct the education, upbringing, care, and control of their children.
(b) The government may not burden the fundamental right of parents to direct the education, upbringing, care, and control of their child unless the government demonstrates that the application of the burden is narrowly tailored to a compelling state interest and the government uses the least restrictive means possible to further that interest.
(c) This section may not be construed as authorizing or allowing a parent to engage in child abuse or neglect.
(d) This section shall only be construed as applying to disputes between parents and the government or third parties and does not modify the law as to disputes between parents.
(Act 2023-555, §1.)
This chapter may be cited as the Alabama Uniform Power of Attorney Act.
(Act 2011-683, p. 2015, §1.)
In this chapter:
(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, co-agent, successor agent, and a person to which an agent’s authority is delegated.
(2) “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity.
(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(4) “Good faith” means honesty in fact.
(5) “Incapacity” means inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.
(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(7) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
(8) “Presently exercisable general power of appointment,” with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.
(9) “Principal” means an individual who grants authority to an agent in a power of attorney.
(10) “Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.
(11) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(12) “Sign” means, with present intent to authenticate or adopt a record:
(A) to execute or adopt a tangible symbol; or
(B) to attach to or logically associate with the record an electronic sound, symbol, or process.
(13) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(14) “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. The term does not include commodity futures contracts and call or put options on stocks or stock indexes.
(Act 2011-683, p. 2015, §1.)
(a) This chapter applies to all powers of attorney, executed on or after January 1, 2012, except:
(1) a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(3) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
(b) A power to make health care decisions executed on or after January 1, 2012, is governed by Section 26-1A-404. Nothing in this chapter shall affect any action taken under the Natural Death Act, Chapter 8A of Title 22.
(Act 2011-683, p. 2015, §1.)
A power of attorney to which this chapter applies is durable, unless it expressly provides that it is terminated by the incapacity of the principal.
(Act 2011-683, p. 2015, §1.)
A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
(Act 2011-683, p. 2015, §1.)
(a) A power of attorney executed in this state on or after January 1, 2012, is valid if its execution complies with Section 26-1A-105.
(b) A power of attorney executed in this state before January 1, 2012, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section 26-1A-107;
(2) the requirements for a military power of attorney pursuant to 10 U.S.C. Section 1044b, as amended; or
(3) Alabama law.
(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
(Act 2011-683, p. 2015, §1.)
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
(Act 2011-683, p. 2015, §1.)
(a) In a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court, if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of all the property of the principal or all of his or her property except specified exclusions, the agent is accountable to the fiduciary as well as to the principal. In such event, the fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she was not disabled, incompetent, or incapacitated.
(Act 2011-683, p. 2015, §1.)
(a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) a physician or licensed psychologist that the principal is incapacitated within the meaning of Section 26-1A-102(5)(A); or
(2) an attorney-at-law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of Section 26-1A-102(5)(B).
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, to obtain access to the principal’s health care information and communicate with the principal’s health care provider.
(Act 2011-683, p. 2015, §1.)
(a) A power of attorney terminates when:
(1) the principal dies;
(2) the principal becomes incapacitated, if the power of attorney is not durable;
(3) the principal revokes the power of attorney;
(4) the power of attorney provides that it terminates;
(5) the purpose of the power of attorney is accomplished;
(6) the principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney; or
(7) revoked by a fiduciary appointed by a court.
(b) An agent’s authority terminates when:
(1) the principal revokes the authority;
(2) the agent dies, becomes incapacitated, or resigns;
(3) an action is filed for the divorce or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(4) the power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the authority terminates under subsection (b), notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent’s authority or of a power of attorney is not effective as to the agent that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(Act 2011-683, p. 2015, §1.)
(a) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently.
(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
(1) has the same authority as that granted to the original agent; and
(2) may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d) An agent that has accepted appointment and has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
(Act 2011-683, p. 2015, §1.)
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
(Act 2011-683, p. 2015, §1.)
(a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:
(1) act in accordance with the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, in the principal’s best interest;
(2) act in good faith; and
(3) act only within the scope of authority granted in the power of attorney.
(b) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall:
(1) act loyally for the principal’s benefit;
(2) act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest;
(3) act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;
(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5) cooperate with a person that has authority to make health care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest; and
(6) attempt to preserve the principal’s estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal’s best interest based on all relevant factors, including:
(A) the value and nature of the principal’s property;
(B) the principal’s foreseeable obligations and need for maintenance;
(C) minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and
(D) eligibility for a benefit, a program, or assistance under a statute or regulation.
(c) An agent that acts in good faith is not liable to any beneficiary of the principal’s estate plan for failure to preserve the plan.
(d) An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent’s representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.
(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal’s property declines.
(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.
(h) Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, or, upon the death of the principal, by the personal representative or successor in interest of the principal’s estate. If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.
(Act 2011-683, p. 2015, §1.)
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision:
(1) relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
(Act 2011-683, p. 2015, §1.)
(a) The following persons may petition a court to construe a power of attorney, determine the validity of a power of attorney, or review the agent’s conduct, and grant appropriate relief:
(1) the principal or the agent;
(2) a guardian, conservator, or other fiduciary acting for the principal;
(3) a person authorized to make health care decisions for the principal;
(4) the principal’s spouse, parent, or descendant;
(5) an individual who would qualify as a presumptive heir of the principal;
(6) a person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;
(7) a governmental agency having regulatory authority to protect the welfare of the principal;
(8) the principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare;
(9) a person asked to accept the power of attorney; and
(10) any other person who demonstrates a sufficient legal interest in the construction or validity of the power of attorney or the agent’s conduct in connection with the power of attorney, such as to give that person standing.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
(Act 2011-683, p. 2015, §1.)
An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to:
(1) restore the value of the principal’s property to what it would have been had the violation not occurred; and
(2) reimburse the principal or the principal’s successors in interest for the attorney’s fees and costs paid on the agent’s behalf.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) to the conservator, or guardian if there is no conservator, if either has been appointed for the principal and a co-agent or successor agent; or
(2) if there is no person described in paragraph (1):
(A) the principal’s caregiver;
(B) another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or
(C) a governmental agency having authority to protect the welfare of the principal.
(Act 2011-683, p. 2015, §1.)
(a) For purposes of this section and Section 26-1A-120, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgments and “reasonable time” shall not be deemed to be less than seven business days.
(b) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section 26-1A-105 that the signature is genuine.
(c) A person that effects a transaction in reliance upon an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority is fully exonerated from any liability for effecting the transaction in reliance upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent’s authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to effect a transaction in reliance upon an acknowledged power of attorney may, but is not required to, request, and rely upon, without further investigation:
(1) an agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2) an acknowledged or properly authenticated English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(e) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense if the request is made within a reasonable time after a person is requested to effect a transaction in reliance upon the power of attorney.
(f) For purposes of this section and Section 26-1A-120, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee effecting the transaction in reliance upon the power of attorney is without actual knowledge of the fact.
(Act 2011-683, p. 2015, §1.)
(a) Except as otherwise provided in subsection (b):
(1) a person shall either effect a requested transaction in reliance upon an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) within a reasonable time after presentation of the power of attorney and a request to effect the transaction;
(2) if a person requests a certification, a translation, or an opinion of counsel under Section 26-1A-119(d), the person shall effect the transaction in reliance upon the power of attorney within a reasonable time after receipt of the certification, translation, or opinion of counsel; and
(3) a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person is not required to effect a transaction in reliance upon an acknowledged power of attorney:
(1) if the person would not be required to engage in the transaction with the principal if the principal was competent and acting on his or her own behalf;
(2) if the person in good faith believes engaging in the transaction with the agent or the principal in the same circumstances would be inconsistent with law or any rule or regulation of any government or any governmental agency or instrumentality;
(3) if the person has actual knowledge of the fact that the power of attorney is void, invalid, or terminated, that the agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority;
(4) until after a certification, a translation, or an opinion of counsel requested under Section 26-1A-119(d) is provided to such person;
(5) if the person in good faith believes that the power of attorney is void, invalid, or terminated, that the agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority, whether or not a certification, a translation, or an opinion of counsel under Section 26-1A-119(d) has been requested or provided; or
(6) if the person makes, or has actual knowledge that another person has made, a report to the Department of Human Resources stating a belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
(c) A person that refuses in violation of this section to effect a transaction in reliance upon an acknowledged power of attorney is subject to, as its sole liability with respect to such a refusal notwithstanding Section 26-1A-123:
(1) a court order mandating that the person effect such transaction in reliance upon the power of attorney; and
(2) liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates that the person effect such transaction in reliance upon the power of attorney.
(Act 2011-683, p. 2015, §1.)
Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
(Act 2011-683, p. 2015, §1.)
This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
(Act 2011-683, p. 2015, §1.)
The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
(Act 2011-683, p. 2015, §1.)
(a) An agent under a power of attorney may do the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
(1) create, amend, revoke, or terminate an inter vivos trust;
(2) [reserved];
(3) create or change rights of survivorship;
(4) create or change a beneficiary designation;
(5) delegate authority granted under the power of attorney;
(6) waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or
(7) exercise fiduciary powers that the principal has authority to delegate.
(b) Notwithstanding a grant of authority to do an act described in subsection (a), unless the power of attorney otherwise expressly provides, an agent that is not an ancestor, spouse, or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
(c) Subject to subsections (a), (b), (d), and (e), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Sections 26-1A-204 through 26-1A-217, irrespective of whether the power of attorney references any of the transactions described in those sections.
(d) Unless the power of attorney otherwise expressly provides, a grant of authority to make a gift is subject to Section 26-1A-217.
(e) Subject to subsections (a), (b), and (d), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.
(Act 2011-683, §1.)
(a) An agent has authority described in this article if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections 26-1A-204 through 26-1A-217 or cites the section in which the authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in Sections 26-1A-204 through 26-1A-217 or a citation to a section of Sections 26-1A-204 through 26-1A-217 incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference.
(Act 2011-683, p. 2015, §1.)
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections 26-1A-204 through 26-1A-217 or that grants to an agent authority to do all acts that a principal could do pursuant to Section 26-1A-201(c), a principal authorizes the agent, with respect to that subject, to:
(1) demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;
(2) contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;
(3) execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal’s property and attaching it to the power of attorney;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5) seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(6) engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;
(7) prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute or regulation;
(8) communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9) access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and
(10) do any lawful act with respect to the subject and all property related to the subject.
(Act 2011-683, p. 2015, §1.)
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted;
(5) manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(A) insuring against liability or casualty or other loss;
(B) obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them; and
(D) purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;
(6) use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(A) selling or otherwise disposing of them;
(B) exercising or selling an option, right of conversion, or similar right with respect to them; and
(C) exercising any voting rights in person or by proxy;
(8) change the form of title of an interest in or right incident to real property; and
(9) dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
(1) demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;
(2) sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or, otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A) insuring against liability or casualty or other loss;
(B) obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
(C) paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;
(D) moving the property from place to place;
(E) storing the property for hire or on a gratuitous bailment; and
(F) using and making repairs, alterations, or improvements to the property; and
(6) change the form of title of an interest in tangible personal property.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:
(1) buy, sell, and exchange stocks and bonds;
(2) establish, continue, modify, or terminate an account with respect to stocks and bonds;
(3) pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;
(4) receive certificates and other evidences of ownership with respect to stocks and bonds; and
(5) exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:
(1) buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) establish, continue, modify, and terminate option accounts.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;
(3) contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;
(6) enter a safe deposit box or vault and withdraw or add to the contents;
(7) borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;
(9) receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
(Act 2011-683, p. 2015, §1.)
Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:
(1) operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
(2) perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;
(3) enforce the terms of an ownership agreement;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;
(5) exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;
(6) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;
(7) with respect to an entity or business owned solely by the principal:
(A) continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;
(B) determine:
(i) the location of its operation;
(ii) the nature and extent of its business;
(iii) the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;
(iv) the amount and types of insurance carried; and
(v) the mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;
(C) change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and
(D) demand and receive money due or claimed by the principal or on the principal’s behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;
(8) put additional capital into an entity or business in which the principal has an interest;
(9) join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;
(10) sell or liquidate all or part of an entity or business;
(11) establish the value of an entity or business under a buy-out agreement to which the principal is a party;
(12) prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and
(13) pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) procure new, different, and additional contracts of insurance and annuities for the principal and the principal’s spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;
(3) pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;
(4) apply for and receive a loan secured by a contract of insurance or annuity;
(5) surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) exercise an election;
(7) exercise investment powers available under a contract of insurance or annuity;
(8) change the manner of paying premiums on a contract of insurance or annuity;
(9) change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;
(12) select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
(Act 2011-683, p. 2015, §1.)
(a) In this section, “estates, trusts, and other beneficial interests” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:
(1) accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from the fund;
(2) demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of the fund, by litigation or otherwise;
(3) exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;
(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;
(6) conserve, invest, disburse, or use anything received for an authorized purpose;
(7) transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor; and
(8) reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from the fund.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;
(2) bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;
(4) make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;
(5) submit to alternative dispute resolution, settle, and propose or accept a compromise;
(6) waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;
(7) act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and
(9) receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
(Act 2011-683, p. 2015, §1.)
(a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(1) perform the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, and the following individuals, whether living when the power of attorney is executed or later born:
(A) the principal’s children;
(B) other individuals legally entitled to be supported by the principal; and
(C) the individuals whom the principal has customarily supported or indicated the intent to support;
(2) make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(3) provide living quarters for the individuals described in paragraph (1) by:
(A) purchase, lease, or other contract; or
(B) paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;
(4) provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in paragraph (1);
(5) pay expenses for necessary health care and custodial care on behalf of the individuals described in paragraph (1);
(6) act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Section 1320d, as amended, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(7) continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in paragraph (1);
(8) maintain credit and debit accounts for the convenience of the individuals described in paragraph (1) and open new accounts; and
(9) continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.
(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.
(Act 2011-683, p. 2015, §1.)
(a) In this section, “benefits from governmental programs or civil or military service” means any benefit, program, or assistance provided under a statute or regulation including, but not limited to, Social Security, Medicare, and Medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(1) execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in Section 26-1A-213(a)(1), and for shipment of their household effects;
(2) take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;
(3) enroll in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program;
(4) prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;
(5) initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and
(6) receive the financial proceeds of a claim described in paragraph (4) and conserve, invest, disburse, or use for a lawful purpose anything so received.
(Act 2011-683, p. 2015, §1.)
(a) In this section, “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:
(1) an individual retirement account under Internal Revenue Code Section 408, 26 U.S.C. Section 408, as amended;
(2) a Roth individual retirement account under Internal Revenue Code Section 408A, 26 U.S.C. Section 408A, as amended;
(3) a deemed individual retirement account under Internal Revenue Code Section 408(q), 26 U.S.C. Section 408(q), as amended;
(4) an annuity or mutual fund custodial account under Internal Revenue Code Section 403(b), 26 U.S.C. Section 403(b), as amended;
(5) a pension, profit-sharing, stock bonus, or other retirement plan qualified under Internal Revenue Code Section 401(a), 26 U.S.C. Section 401(a), as amended;
(6) a plan under Internal Revenue Code Section 457(b), 26 U.S.C. Section 457(b), as amended; and
(7) a non-qualified deferred compensation plan under Internal Revenue Code Section 409A, 26 U.S.C. Section 409A, as amended.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(1) select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2) make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;
(3) establish a retirement plan in the principal’s name;
(4) make contributions to a retirement plan;
(5) exercise investment powers available under a retirement plan; and
(6) borrow from, sell assets to, or purchase assets from a retirement plan.
(Act 2011-683, p. 2015, §1.)
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Internal Revenue Code Section 2032A, 26 U.S.C. Section 2032A, as amended, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;
(2) pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) exercise any election available to the principal under federal, state, local, or foreign tax law; and
(4) act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
(Act 2011-683, p. 2015, §1.)
(a) In this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code Section 529, 26 U.S.C. Section 529, as amended.
(b) Unless the power of attorney otherwise expressly provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
(1) make outright to, or for the benefit of, a person including the agent, a gift of any of the principal’s property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 U.S.C. Section 2503(b), as amended, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal’s spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(2) consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as amended, to the splitting of a gift made by the principal’s spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal’s property only as the agent determines is consistent with the principal’s objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal’s best interest based on all relevant factors, including:
(1) the value and nature of the principal’s property;
(2) the principal’s foreseeable obligations and need for maintenance;
(3) minimization of taxes, including income, estate, inheritance, generation skipping transfer, and gift taxes;
(4) eligibility for a benefit, a program, or assistance under a statute or regulation; and
(5) the principal’s personal history of making or joining in making gifts.
(Act 2011-683, p. 2015, §1.)
A document substantially in the following form may be used to create a power of attorney that has the meaning and effect prescribed by this chapter.
ALABAMA POWER OF ATTORNEY FORM
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975.
This power of attorney does not authorize the agent to make health care decisions for you. Such powers are governed by other applicable law.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Your agent is entitled to reimbursement of reasonable expenses and reasonable compensation unless you state otherwise in the Special Instructions.
This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I________________________________
(Name of Principal)
name the following person as my agent:
Name of Agent:________________________________
Agent’s Address:_____________________________
Agent’s Telephone Number:____________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent:_____________________
Successor Agent’s Address:____________________
Successor Agent’s Telephone Number:___________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of Second Successor Agent:________________
Second Successor Agent’s Address:_______________
Second Successor Agent’s Telephone Number:________
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975:
If you wish to grant general authority over all of the subjects enumerated in this section you may SIGN here:
(Signature of Principal)
OR
If you wish to grant specific authority over less than all subjects enumerated in this section you must INITIAL by each subject you want to include in the agent’s authority:
_____Real Property as defined in Section 26-1A-204
_____Tangible Personal Property as defined in Section 26-1A-205
_____Stocks and Bonds as defined in Section 26-1A-206
_____Commodities and Options as defined in Section 26-1A-207
_____Banks and Other Financial Institutions as defined in Section 26-1A-208
_____Operation of Entity or Business as defined in Section 26-1A-209
_____Insurance and Annuities as defined in Section 26-1A-210
_____Estates, Trusts, and Other Beneficial Interests as defined in Section 26-1A-211
_____Claims and Litigation as defined in Section 26-1A-212
_____Personal and Family Maintenance as defined in Section 26-1A-213
_____Benefits from Governmental Programs or Civil or Military Service as defined in Section 26-1A-214
_____Retirement Plans as defined in Section 26-1A-215
_____Taxes as defined in Section 26-1A-216
_____Gifts as defined in Section 26-1A-217
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:
(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL the specific authority you WANT to give your agent.)
_____Create, amend, revoke, or terminate an inter vivos trust, by trust or applicable law
_____Make a gift to which exceeds the monetary limitations of Section 26-1A-217 of the Alabama Uniform Power of Attorney Act, but subject to any special instructions in this power of attorney
_____Create or change rights of survivorship
_____Create or change a beneficiary designation
_____Authorize another person to exercise the authority granted under this power of attorney
_____Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
_____Exercise fiduciary powers that the principal has authority to delegate
LIMITATIONS ON AGENT’S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
Limitation of Power. Except for any special instructions given herein to the agent to make gifts, the following shall apply:
(a) Any power or authority granted to my Agent herein shall be limited so as to prevent this Power of Attorney from causing any Agent to be taxed on my income or from causing my assets to be subject to a “general power of appointment” by my Agent as defined in 26 U.S.C. §2041 and 26 U.S.C. §2514 of the Internal Revenue Code of 1986, as amended.
(b) My Agent shall have no power or authority whatsoever with respect to any policy of insurance owned by me on the life of my Agent, or any trust created by my Agent as to which I am a trustee.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines. For your protection, if there are no special instructions write NONE in this section.
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.
NOMINATION OF [CONSERVATOR OR GUARDIAN] (OPTIONAL)
If it becomes necessary for a court to appoint a [conservator or guardian] of my estate or [guardian] of my person, I nominate the following person(s) for appointment:
Name of Nominee for [conservator or guardian] of my estate:___________________________
Nominee’s Address:__________________
Nominee’s Telephone Number:____________________
Name of Nominee for [guardian] of my person: ______________________
Nominee’s Address: ______________________
Nominee’s Telephone Number: ________________________
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT
(Signature of Principal)
Your Signature Date:___________________________
Your Name Printed:___________________________
Your Address:_____________________
Your Telephone Number:_______________________
State of_________________________
[County] of___________________________
I, ________________, a Notary Public, in and for the County in this State, hereby certify that ______________, whose name is signed to the foregoing document, and who is known to me, acknowledged before me on this day that, being informed of the contents of the document, he or she executed the same voluntarily on the day the same bears date.
Given under my hand this the ___ day of __, 2. _______________________________________(Seal, if any)
Signature of Notary
My commission expires: _______________________
[This document prepared by:
________________________________________]
IMPORTANT INFORMATION FOR AGENT
Agent’s Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:
(1) do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest;
(2) act in good faith;
(3) do nothing beyond the authority granted in this power of attorney; and
(4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:
(Principal’s Name) by (Your Signature) as Agent
Unless the Special Instructions in this power of attorney state otherwise, you must also:
(1) act loyally for the principal’s benefit;
(2) avoid conflicts that would impair your ability to act in the principal’s best interest;
(3) act with care, competence, and diligence;
(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5) cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest; and
(6) attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.
Termination of Agent’s Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
(1) death of the principal;
(2) the principal’s revocation of the power of attorney or your authority;
(3) the occurrence of a termination event stated in the power of attorney;
(4) the purpose of the power of attorney is fully accomplished; or
(5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975. If you violate the Alabama Uniform Power of Attorney Act, Chapter 1A, Title 26, Code of Alabama 1975, or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
(Act 2011-683, p. 2015, §1.)
A document substantially in the following format may be used by an agent to certify facts concerning a power of attorney.
AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY
State of _____________________________
[County] of___________________________
I, _________________________________________ (Name of Agent), [certify] under penalty of perjury that ________________________________
(Name of Principal)
granted me authority as an agent or successor agent in a power of attorney dated ________________________.
I further [certify] that to my knowledge:
(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4) __________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
Agent’s Signature Date:
Agent’s Name Printed:
Agent’s Address:
Agent’s Telephone Number:
This document was acknowledged before me on
________________________________________________,
(Date)
by______________________________________________.
(Name of Agent)
___________________________________________ (Seal, if any)
Signature of Notary
My commission expires: ________________________
[This document prepared by:
___________________________________________]
(Act 2011-683, p. 2015, §1.)
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
(Act 2011-683, §1.)
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2011-683, p. 2015, §1.)
This chapter applies to all powers of attorney executed on or after January 1, 2012.
(Act 2011-683, p. 2015, §1.)
(a) This section applies to a power of attorney for health care decisions executed on or after January 1, 2012.
(b) A durable power of attorney is a power of attorney by which a principal designates another his or her attorney in fact or agent in writing and the writing contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal” or “This power of attorney shall become effective upon the disability, incompetency, or incapacity of the principal” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability, incompetency, or incapacity.
(c)(1) A principal may designate under a durable power of attorney an individual who shall be empowered to make health care decisions on behalf of the principal, in the manner set forth in the Natural Death Act, if in the opinion of the principal’s attending physician the principal is no longer able to give directions to health care providers. Subject to the express limitation on the authority of the attorney in fact contained in the durable power of attorney, the attorney in fact may make any health care decision on behalf of the principal that the principal could make but for the lack of capacity of the principal to make a decision, but not including psychosurgery, sterilization, abortion when not necessary to preserve the life of the principal, or involuntary hospitalization or treatment covered by Subtitle 2 of Title 22. A durable power of attorney executed pursuant to this section may be revoked by written revocation signed and dated by the principal or person acting at the direction of the principal, or being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel or by a verbal expression of intent to revoke made in the presence of a witness 19 years of age or older who signs and dates a writing confirming an expression to revoke.
(2) Notwithstanding anything in this section to the contrary, an attorney in fact shall have the authority to make decisions regarding provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration but only a. if specifically authorized to do so in the durable power of attorney, b. if the substantive provisions of the durable power of attorney are in substantial compliance and if the durable power of attorney is executed and accepted in substantially the same form as set forth in the Alabama Natural Death Act, and c. in instances of terminal illness or injury or permanent unconsciousness, if the authority is implemented in the manner permitted under the Alabama Natural Death Act. All durable powers of attorney executed prior to January 1, 2012, shall be effective to the extent specifically provided therein notwithstanding the provisions of this subsection. The decisions made by the attorney in fact shall be implemented in accordance with the same procedures set forth in the Alabama Natural Death Act for health care proxies.
(3) Any authority granted to the spouse under a durable power of attorney shall be revoked if the marriage of the principal is dissolved or annulled, or if the parties are legally separated or a party to divorce proceedings.
(4) Subject to any limitation in the durable power of attorney, an attorney in fact may, for the purpose of making a health care decision, request, review, and receive any information, oral or written, regarding the principal’s physical or mental health, including medical and hospital records, execute a release or other document required to obtain the information, and consent to the disclosure of the information.
(5) Under no circumstances shall the health care provider of the principal or a nonrelative employee of the health care provider of the principal make decisions under the durable power of attorney. For purposes of this subsection, a health care provider is defined as any person or entity who is licensed, certified, registered, or otherwise authorized by the laws of this state to administer or provide health care in the ordinary course of business or in the practice of a profession.
(6) No health care provider or any employee or agent thereof who in good faith and pursuant to reasonable medical standards follows the direction of a duly authorized attorney in fact shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct for an action taken thereunder. Any health care cost or liability for the cost associated with any decision made pursuant to this section shall be the same as if the health care were provided as a result of the principal’s decision relating to his or her own care.
(7) Any person who, without the consent of the principal, willfully conceals, cancels, or alters a durable power of attorney or any amendment or revocation of the agency or who falsifies or forges a durable power of attorney, amendment, or revocation for purposes of making health care decisions shall be civilly liable. In addition, those persons shall be subject to the criminal penalties set forth in the Alabama Natural Death Act.
(8) Any individual acting as an attorney in fact under a duly executed durable power of attorney, which includes provisions which comply with subdivision (2) regarding health care decisions who authorizes the providing, withholding, or withdrawing of life-sustaining treatments or artificially provided nutrition or hydration in accordance with the durable power of attorney and pursuant to this subsection shall not be subject to criminal prosecution or civil liability for that action.
(9) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede any legal right or legal responsibility which any person may have, under case law, common law, or statutory law to effect the provision, withholding, or withdrawal of life-sustaining treatment or artificially provided nutrition and hydration in any lawful manner. In such respect, the provisions of this subsection are cumulative.
(10) No physician or other health care provider, and no health care service plan, health maintenance organization, insurer issuing disability or life or health insurance, self-insured employee welfare benefit plan, nonprofit medical service corporation, or mutual nonprofit hospital or hospital service corporation shall require any person to execute a durable power of attorney with respect to health care decisions as a condition for being insured for, or receiving, health care services.
(11) Nothing in this subsection regarding the appointment of an attorney in fact with respect to health care decisions shall impair or supersede the jurisdiction of the circuit court in the county where a patient is undergoing treatment to determine whether life-sustaining treatment or artificially provided nutrition and hydration shall be withheld or withdrawn in circumstances not governed by this subsection.
(12) This subsection shall create no presumption concerning the intention of an individual, who has not executed a durable power of attorney regarding health care decisions, or any other advance directive for health care, or if the durable power of attorney, or advance directive for health care is executed, the durable power of attorney or advance directive for health care is ambiguous or silent as to a particular health care matter, to consent to the use or withdrawing or withholding of life-sustaining treatment or artificially provided nutrition and hydration. The terms “person” and “advance directive for health care” shall have the meaning as under Sections 22-8A-1, et seq.
(13) A durable power of attorney executed in another state in compliance with the law of that state or of this state is valid for purposes of this subsection, but this subsection does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.
(14) Any durable power of attorney regarding health care decisions made prior to January 1, 2012, shall be given effect provided that the durable power of attorney was legally effective when written and artificially provided nutrition and hydration shall not be withdrawn pursuant to the durable power of attorney unless specifically authorized herein.
(Act 2011-683, p. 2015, §1.)
This act shall be known and may be cited as the Colby Act.
(Act 2023-134, §1.)
For the purposes of this chapter, the following terms have the following meanings:
(1) SUPPORTED DECISION-MAKING. The process of supporting and accommodating an adult in the decision-making process without impeding the self-determination of the adult. This term includes assistance in making, communicating, and effectuating life decisions.
(2) SUPPORTED DECISION-MAKING AGREEMENT. A written agreement detailing decision-making supports and accommodations that an adult chooses to receive from one or more supporters.
(3) SUPPORTER. An individual at least 18 years of age who has voluntarily entered into a supported decision-making agreement with an adult and is designated as such in a supported decision-making agreement.
(Act 2023-134, §2.)
(a) An adult may not enter into a supported decision-making agreement as an alternative to guardianship or conservatorship unless the adult meets both of the following conditions:
(1) The adult enters into the agreement voluntarily and without coercion or undue influence.
(2) The adult understands the nature and effect of the agreement.
(b) An adult may make, change, or revoke a supported decision-making agreement.
(c) A court may not consider an adult’s execution of a supported decision-making agreement as evidence of the adult’s incapacity. The existence of an executed supported decision-making agreement does not preclude the adult from acting independently of the supported decision-making agreement.
(d) An adult may not enter into a supported decision-making agreement under this section if the agreement supplants the authority of a guardian or conservator of the adult.
(e) No third-party individual or entity may require an adult to execute a supported decision-making agreement for any purpose. For the purposes of this chapter, the term “third-party individual or entity” does not include a guardian or conservator.
(Act 2023-134, §3.)
A document substantially in the following format may be used to create a supported decision-making agreement that has the meaning and effect prescribed by this chapter.
This document IS ___________ / IS NOT _____________ (check one) legally binding. Only a person with the legal right and capacity to contract can make a legally binding agreement.
I, ________________________ (Name of Principal), make this supported decision-making agreement to choose supporters to help me make decisions. I am choosing to make this agreement. I may end this agreement at any time. These supporters DO NOT make decisions for me. They give me information, advice, and other support so I can make decisions for myself.
DESIGNATION OF SUPPORTERS
HEALTH CARE
I DO ___________ / DO NOT ______________ (check one) want help with health care. I want the following people to be my supporters and help me with my health care decisions:
Name of Supporter:
Relationship to Principal:
Repeat as needed for each supporter.
I, ___________(Name of Principal), allow these supporters to help me make decisions about my physical and mental health. These people do not make decisions for me - they help me make decisions myself.
These supporters can help me in these ways:
These supporters MAY NOT do these things:
FINANCIAL DECISION-MAKING
I DO ___________ / DO NOT ______________ (check one) want help with my financial decisions. I want the following people to be my supporters and help me with my financial decisions:
Name of Supporter:
Relationship to Principal:
Repeat as needed for each supporter.
I, ___________(Name of Principal), allow these supporters to help me make decisions about my finances. These people do not make decisions for me - they help me make decisions myself.
These supporters can help me in these ways:
These supporters MAY NOT do these things:
WHERE I LIVE AND COMMUNITY LIVING
I DO ___________ / DO NOT ______________ (check one) want help with decisions about where I live and community living. I want the following people to be my supporters and help me with decisions about where I live:
Name of Supporter:
Relationship to Principal:
Repeat as needed for each supporter.
I, ___________(Name of Principal), allow these supporters to help me make decisions about where I live and community living. These people do not make decisions for me - they help me make decisions myself.
These supporters can help me in these ways:
These supporters MAY NOT do these things:
EDUCATION
I DO ___________ / DO NOT ______________ (check one) want help with decisions about my education. I want the following people to be my supporters and help me with decisions about my education:
Name of Supporter:
Relationship to Principal:
Repeat as needed for each supporter.
I, ___________(Name of Principal), allow these supporters to help me make decisions about my education. These people do not make decisions for me - they help me make decisions myself.
These supporters can help me in these ways:
These supporters MAY NOT do these things:
EMPLOYMENT
I DO ___________ / DO NOT ______________ (check one) want help with decisions about my employment. I want the following people to be my supporters and help me with decisions about my employment:
Name of Supporter:
Relationship to Principal:
Repeat as needed for each supporter.
I, ___________(Name of Principal), allow these supporters to help me make decisions about my employment. These people do not make decisions for me - they help me make decisions myself.
These supporters can help me in these ways:
These supporters MAY NOT do these things:
OTHER DECISIONS
I DO ___________ / DO NOT ______________ (check one) want help with other decisions. I want the following people to be my supporters and help me with other decisions:
Name of Supporter:
Relationship to Principal:
Repeat as needed for each supporter.
I, ___________(Name of Principal), allow these supporters to help me make other decisions. These people do not make decisions for me - they help me make decisions myself.
These supporters can help me in these ways:
These supporters MAY NOT do these things:
SIGNATURE AND ACKNOWLEDGMENT
I agree to be a supporter under this agreement.
(Signature of Supporter):
Signature Date:
Supporter Name Printed:
Supporter Address:
Supporter Telephone Number:
Supporter E-mail Address:
Repeat as needed for each supporter listed in the supported decision-making agreement.
(Signature of Principal):
Your Signature Date:
Your Name Printed:
Your Address:
Your Telephone Number:
State of:
[County] of
I, ____________, a Notary Public, in and for the County in this State, hereby certify that ____________, whose name is signed to the foregoing document, and who is known to me, acknowledged before me on this day that, being informed of the contents of the document, he or she executed the same voluntarily on the day the same bears date.
Given under my hand this the ____________ day of _________, 2.
(Seal, if any)
Signature of Notary
My commission expires:
[This document prepared by:
_______________________]
(Act 2023-134, §4.)
(a) A supporter shall do all of the following:
(1) Support the will and preference of the adult and not the supporter’s opinion of the adult’s best interest.
(2) Act honestly, diligently, and in good faith.
(3) Act within the scope set forth in the adult’s supported decision-making agreement.
(4) Avoid conflicts of interest.
(5) Timely notify the adult in writing, in the adult’s preferred language and mode of communication, of his or her intent to resign as a supporter.
(b) A supporter is a fiduciary and shall make and communicate decisions in cooperation with the adult and preserve the adult’s authority to make decisions.
(c) A supporter shall not do any of the following:
(1) Exert undue influence upon the adult.
(2) Receive a fee or compensation for services performed in the role of supporter.
(3) Obtain, without the consent of the adult, information for a purpose other than assisting the adult in making a specific decision authorized by the supported decision-making agreement.
(4) Obtain, without the consent of the adult, nonpublic personal information, as defined by 15 U.S.C. § 6809(4).
(5) Act outside the scope of authority provided in the supported decision-making agreement.
(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, or to communicate or implement decisions made by the adult.
(e) A request or decision made or communicated with the assistance of a supporter in conformity with the supported decision-making agreement shall be recognized as the request or decision of the adult for the purposes of any provision of law.
(Act 2023-134, §5.)
(a) A supported decision-making agreement shall meet all of the following requirements:
(1) Name at least one supporter.
(2) Describe the decision-making assistance that each supporter may provide to the adult and how supporters may work together.
(3) If the adult is subject to a limited guardianship or conservatorship as provided by Section 26-1B-7, be executed by the adult’s guardian or conservator.
(4) Be in writing, dated, and signed by the adult in the presence of a notary public.
(5) Contain a separate consent signed by each supporter named in the agreement indicating each of the following:
a. The supporter’s relationship to the adult.
b. The supporter’s willingness to act as a supporter.
c. The supporter’s acknowledgment of his or her duties as a supporter.
(b) A supported decision-making agreement may do any of the following:
(1) Appoint more than one supporter.
(2) Appoint an alternate supporter to act in the place of a supporter under circumstances specified in the agreement.
(3) Authorize a supporter to share information with any other supporter or others named in the agreement.
(Act 2023-134, §6.)
(a) An adult may revoke a supported decision-making agreement at any time. A revocation under this section shall be in writing, and a copy of the revocation shall be provided to each supporter.
(b) Except as provided in the supported decision-making agreement, a supported decision-making agreement terminates in each the following situations:
(1) The adult who is the subject of the supported decision-making agreement dies.
(2) The adult who is the subject of the supported decision-making agreement revokes the agreement under subsection (a).
(3) All of the named supporters withdraw their participation without arranging for successor supporters approved by the adult.
(4) A court of competent jurisdiction determines that the adult does not have the capacity to execute or consent to a supported decision-making agreement.
(5) A court of competent jurisdiction determines that a supporter has used the supported decision-making agreement to financially exploit, abuse, or neglect the adult.
(6) A court of competent jurisdiction appoints a temporary or permanent guardian or conservator for the person or property of the adult, unless the court’s order of appointment does each of the following:
a. Expressly modifies, but continues, the supported decision-making agreement alongside a partial guardianship or conservatorship.
b. Limits the powers and duties of the guardian or conservator.
(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision-making agreement.
(c) The court may enter an order pursuant to subdivision (b)(4), (b)(5), or (b)(6) only after providing notice and a hearing to the adult and all supporters named in the agreement.
(Act 2023-134, §7.)
A supported decision-making agreement that complies with Section 26-1B-4 is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision-making agreement was not validly executed.
(Act 2023-134, §8.)
(a) A person who in good faith relies on an authorization in a supported decision-making agreement is not subject to discipline for unprofessional conduct.
(b) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or willful or wanton misconduct.
(Act 2023-134, §9.)
(a) The meaning and effect of a supported decision-making agreement is determined by the law of the jurisdiction in which the supported decision-making agreement was executed, unless the supported decision-making agreement provides otherwise.
(b) A person who receives a copy of a supported decision-making agreement or is aware of the existence of a supported decision-making agreement and reasonably believes that an adult is being abused, neglected, or exploited shall report the alleged abuse, neglect, or exploitation to an adult protective services agency or an authorized law enforcement agency.
(Act 2023-134, §10.)
[Repealed]
Repealed by Acts 1987, No. 87-590, p. 975, §2-333(a), effective January 1, 1988.
AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court.
(Code 1923, §8102; Acts 1939, No. 125, p. 168; Code 1940, T. 21, §26; Acts 1987, No. 87-590, p. 975, §2-333(b).)
AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
(a) In any county where the judge of probate is required to be learned in the law, the administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding for final settlement thereof is commenced in probate court by the guardian or conservator of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone entitled to support out of the estate of the ward without assigning any special equity. The circuit court shall remand the administration of a guardianship or conservatorship transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of a guardianship or conservatorship pursuant to this section to the probate court if the circuit court finds that any of the following apply:
(1) The circuit court has issued a final order or judgment on all contested matters pending before the circuit court in the administration of the guardianship or conservatorship and the time for an appeal of the order or judgment has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.
(2) All interested parties or their representatives request the administration of the guardianship or conservatorship be remanded to probate court.
(b) Nothing in subsection (a) shall prevent the administration of a guardianship or conservatorship from being removed again to the circuit court pursuant to Section 26-2-2 after the administration has been remanded to the probate court as provided above.
(Act 2011-528, p. 864, §1.)
The judge of probate may appoint a general conservator for the county who must be appointed and act as a conservator when no other fit person applies for appointment and qualifies. The term of office of such general conservator shall continue during the term of the judge by whom he or she is appointed, unless he or she is reappointed. If he or she is reappointed, his or her bond, if deemed sufficient, shall remain as a continuing security, or he or she may be required to execute a new bond.
(Code 1867, §2423, Code 1876, §2765; Code 1886, §2376; Code 1896, §2253; Code 1907, §4343; Code 1923, §8100; Code 1940, T. 21, §7; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If no fit person is appointed and qualifies as guardian of a minor and there be no general guardian for the county, the sheriff must be appointed guardian and the guardianship attaches to the office of sheriff.
(Code 1852, §2017; Code 1867, §2416; Code 1876, §2767; Code 1886, §2377; Code 1896, §2254; Code 1907, §4344; Code 1923, §8101; Code 1940, T. 21, §8.)
The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to the time of trial. The probate judge must also issue a writ directed to the sheriff to take the person alleged to be incapacitated and, if consistent with his or her health or safety, have him or her present at the place of the trial.
(Code 1852, §2751; Code 1867, §3190; Code 1876, §2758; Code 1886, §3393; Code 1896, §2258; Code 1907, §4348; Code 1923, §8106; Code 1940, T. 21, §12; Acts 1945, No. 468, p. 704; Acts 1987, No. 87-590, p. 975, §2-333(b).)
(a) At the time set for the trial, if good cause be not shown for continuance, the jury must be impaneled and sworn well and truly to make inquisition of the facts alleged in the petition, and render a true verdict according to the evidence.
(b) If any of the jurors are excused from serving, fail to attend or are set aside for any cause, their places may be supplied from the bystanders.
(Code 1852, §2752; Code 1867, §3191; Code 1876, §2759; Code 1886, §2394; Code 1896, §2259; Code 1907, §4349; Code 1923, §8107; Code 1940, T. 21, §13.)
If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall enter a decree accordingly, and must cause the petition and all the proceedings thereon to be recorded and appoint a suitable conservator of such person.
(Code 1852, §2753; Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350; Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in a hospital or asylum within or without the state, inquisition may be had and taken without notice to him or her , but, on the filing of the application, the court must appoint a guardian ad litem to represent and defend for him or her. It shall be the duty of such guardian by answer to put in issue the facts stated in the application and to employ counsel at the expense of such person of unsound mind to appear and defend him or her.
(Code 1876, §2761; Code 1886, §2396; Code 1896, §2261; Code 1907, §4351; Code 1923, §8109; Code 1940, T. 21, §15.)
The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be within this state if such person has been declared an incapacitated person by a court having jurisdiction in the state of his or her residence.
(Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code 1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and the property requiring the care of a conservator.
On the filing of such application, the court must appoint a day for the hearing thereof, notice of which must be given for three successive weeks by publication in some newspaper published in the county or, if there is no such paper published in the county, by publication in a paper published in an adjoining county, and a copy of such paper must be mailed by the probate judge to such person at the post office nearest his or her residence. The court must appoint a guardian ad litem to represent and defend for such person and it shall be the duty of such guardian ad litem to put in issue the facts stated in the application. If, on the hearing the application is not granted, the court must render a decree against the applicant for all the costs of the proceedings, including the reasonable compensation of the guardian ad litem.
(Code 1867, §2415; Code 1876, §2755; Code 1886, §2403; Code 1896, §2268; Code 1907, §4358; Code 1923, §8116; Code 1940, T. 21, §22; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and if there be no general conservator, the sheriff must be appointed.
(Code 1852, §2017; Code 1867, §§2416, 2423; Code 1876, §§2765, 2767; Code 1886, §2405; Code 1896, §2270; Code 1907, §4360; Code 1923, §8118; Code 1940, T. 21, §24; Acts 1987, No. 87-590, p. 975, §2-333(b).)
At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to the court of probate for a revocation of the proceedings against him or her and of the letters of guardianship or conservatorship, the application to be accompanied by the certificate in writing of two physicians or of two other competent persons stating that, after examination of such person, they believe the person’s incapacity has terminated.
(Code 1852, §2758; Code 1867, §2197; Code 1876, §2804; Code 1886, §2397; Code 1896, §2262; Code 1907, §4352; Code 1923, §8110; Code 1940, T. 21, §16; Acts 1987, No. 87-590, p. 975, §2-333(b).)
On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian or conservator and the person at whose instance the inquisition was had and taken must be cited to appear and show cause against it.
(Code 1852, §2758; Code 1867, §3197; Code 1876, §2804; Code 1886, §2398; Code 1896, §2263; Code 1907, §4353; Code 1923, §8111; Code 1940, T. 21, §17; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition.
If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of his or her estate.
(Code 1852, §§2759, 2760; Code 1867, §§3198, 3199; Code 1876, §§2805, 2806; Code 1886, §2399; Code 1896, §2264; Code 1907, §4354; Code 1923, §8112; Code 1940, T. 21, §18; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree revoking the proceedings on the inquisition and the guardianship or conservatorship, and declaring that the ward must be restored to the custody and management of his or her estate and must adjudge the costs as is just and equitable, but if the verdict of the jury negatives the facts stated in the application, a judgment of dismissal at the cost of the applicant or of the next friend must be entered.
(Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code 1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If, at any time after his or her appointment, the guardian or conservator becomes satisfied that the incapacity of the ward has terminated, and is capable of managing his or her estate and the judge of probate is of the opinion, from the proof and the facts stated, that such representation is correct, the judge of probate must make an order that the guardian or conservator be discharged and that the estate of the ward be restored to him or her.
(Code 1852, §2757; Code 1867, §3196; Code 1876, §2803; Code 1886, §2401; Code 1896, §2266; Code 1907, §4356; Code 1923, §8114; Code 1940, T. 21, §20; Acts 1987, No. 87-590, p. 975, §2-333(b).)
This chapter may be cited as the Alabama Uniform Guardianship and Protective Proceedings Act.
(Acts 1987, No. 87-590, p. 975, §1-101.)
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are to:
(1) Simplify and clarify the law concerning the affairs of minors, missing or disappeared persons, protected persons, and incapacitated persons;
(2) Promote a speedy and efficient system for managing and protecting the estates of protected persons so that assets may be preserved for application to the needs of protected persons and their dependents;
(3) Provide a system of general and limited guardianships for minors and incapacitated persons and to coordinate guardianships and protective proceedings concerned with management and protection of estates of incapacitated persons; and
(4) Make uniform the law among the various jurisdictions.
(Acts 1987, No. 87-590, p. 975, §1-102.)
Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
(Acts 1987, No. 87-590, p. 975, §1-103.)
If any provision of this chapter or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Acts 1987, No. 87-590, p. 975, §1-104.)
This chapter is a general act intended as a unified coverage of its subject matter and no subsequent legislation shall be construed to repeal by implication any part of this chapter if that construction reasonably can be avoided.
(Acts 1987, No. 87-590, p. 975, §1-105.)
(a) Any person under a duty to pay or deliver money or personal property to a minor may perform the duty, in amounts as provided in this subsection, by paying or delivering the money or personal property to:
Payments under this subsection must not exceed $5,000 if paid in a single payment, or $3,000 a year if paid in a series of payments, and payments, by any person other than a conservator or judge, must not exceed a maximum of $25,000 during the minority of the minor ward. The person obligated to make payment is discharged of that duty or obligation by making the payment or delivery and filing a notice of such payment with the probate judge of the county in which the minor resides, if a resident of this state, or, if a nonresident, with the judge of probate or like officer of the county in which the debtor or creditor resides.
(b) This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor are pending.
(c) Persons, receiving money or personal property for a minor, are obligated to apply the money to the health, support, education, or maintenance of the minor, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor’s support. A person who receives money or personal property for a minor is obligated to preserve the money and personal property, except to the extent necessary for the health, support, education, or maintenance of the minor, and any balance not so used and any personal property received for the minor must be turned over to the minor when majority is attained. A person who pays or delivers money or property in accordance with provisions of this section is not responsible for the proper application thereof.
(Acts 1987, No. 87-590, p. 975, §1-106; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education, or maintenance of the person or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. Temporary “delegation” of parental powers does not relieve the parent or guardian of the primary responsibility for the minor or incapacitated person.
(b) The provisions of subsection (a) of this section shall not be used or construed to allow a parent or guardian to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of Title 44.
(Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
Guardianships created prior to January 1, 1988, and continuing in effect on January 1, 1988, are not terminated, even though the statute under which the appointment was made may be repealed by this chapter. Those guardianships continue in effect as they existed prior to this chapter with all of the powers and duties of the guardianship, except that the guardian previously appointed in addition will have the powers and duties of a guardian and a conservator under this chapter to the extent that the powers and duties under this chapter may be broader or more clearly expressed.
(Acts 1987, No. 87-590, p. 975, §2-334.)
(a) A curator appointed pursuant to Chapter 7A of this title prior to August 7, 1995, and continuing in effect on August 7, 1995, is not terminated, although the statute under which the appointment was made is repealed by Act 95-751. The curator shall continue in effect as the curator existed prior to Act 95-751, with all of the powers and duties of the curator on August 7, 1995.
(b) If, on January 1, 1997, a curator is in existence pursuant to subsection (a), the curator on that date shall be considered a conservator as provided in Chapter 2A (commencing with Section 26-2A-1) of this title, with all the power and duties of a conservator as provided in that chapter. If the powers of a curator are limited by a court, the powers granted in this subsection are limited to the same extent.
(Acts 1995, No. 95-751, p. 1750, §2.)
AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
As used in this chapter the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after the appointment of a conservator, including expenses of administration.
(2) CONSERVATOR. A person who is appointed by a court to manage the estate of a protected person and includes a limited conservator described in Section 26-2A-148(a).
(3) COURT. A probate court of this state.
(4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding who is trained in law, nursing, or social work, is an officer, employee, or special appointee of the court, and has no personal interest in the proceeding.
(5) DISABILITY. Cause for a protective order as described in Section 26-2A-130.
(6) ESTATE. Includes the property of the person whose affairs are subject to this chapter.
(7) GUARDIAN. A person who has qualified as a guardian of a minor or incapacitated person pursuant to parental or spousal nomination or court appointment and includes a limited guardian as described in Sections 26-2A-78(e) and 26-2A-105(c), but excludes one who is merely a guardian ad litem.
(8) INCAPACITATED PERSON. Any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions.
(9) LEASE. Includes an oil, gas, or other mineral lease.
(10) LETTERS. Includes letters of guardianships and letters of conservatorship.
(11) MINOR. A person who is under 19 years of age and has not otherwise had the disabilities of minority removed.
(12) MORTGAGE. Any conveyance, agreement, or arrangement in which property is used as collateral.
(13) ORGANIZATION. Includes a corporation, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, government, governmental subdivision or agency, or any other legal entity.
(14) PARENT. Includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.
(15) PERSON. An individual or an organization, unless the context otherwise requires.
(16) PETITION. A written request to the court for an order after notice.
(17) PROCEEDING. Includes action at law and suit in equity.
(18) PROPERTY. Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.
(19) PROTECTED PERSON. A minor or other person for whom a conservator has been appointed or other protective order has been made as provided in Sections 26-2A-136 and 26-2A-137.
(20) PROTECTIVE PROCEEDING. A proceeding under the provisions of Article 2, Division 3.
(21) SECURITY. Includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase any of the foregoing.
(22) WARD. A person for whom a guardian has been appointed. A “minor ward” is a minor for whom a guardian has been appointed solely because of minority.
(Acts 1987, No. 87-590, p. 975, §1-201.)
Except as otherwise provided in this chapter, it applies to:
(1) Affairs and estates of disappeared persons, and persons to be protected, domiciled in this state;
(2) Property located in this state of nondomiciliaries who are disappeared persons or persons to be protected, or property coming into the control of a guardian or conservator who is subject to the laws of this state; and
(3) Incapacitated persons and minors in this state.
(Acts 1987, No. 87-590, p. 975, §1-301.)
(a) If a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate, protected person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. Any other court shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(c) If the court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court may transfer the proceeding or file to the other court.
(Acts 1987, No. 87-590, p. 975, §1-303.)
(a) To the full extent permitted by the constitution and as permitted under Article 2 of Chapter 2B of this title, the court has jurisdiction over all subject matter relating to estates of protected persons and protection of minors and incapacitated persons.
(b) The court has full power to make order, judgments, and decrees and take all other action necessary and proper to administer justice in the matters that come before it.
(c) The court has jurisdiction over protective proceedings and guardianship proceedings.
(d) If both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
(e) No provision of this chapter shall be construed to void, abate, or diminish the powers or equity jurisdiction, when invoked, heretofore or hereafter granted by statute to certain probate courts.
(Acts 1987, No. 87-590, p. 975, §1-302; Act 2010-500, p. 782, §2.)
Unless specifically provided to the contrary in this chapter or inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern proceedings under this chapter.
(Acts 1987, No. 87-590, p. 975, §1-304.)
The clerk of court shall keep a record for each ward or protected person involved in any document that may be filed with the court under this chapter, including petitions, requests, and any orders or responses by the court relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the required fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator or of any other document filed or recorded. Certificates relating to letters must show the date of appointment.
(Acts 1987, No. 87-590, p. 975, §1-305.)
(a) Except for proceedings in a court having general equity jurisdiction, a party is entitled to a trial by a jury of six disinterested persons in any proceeding to determine the incapacity of the individual and in other proceedings as to which a party has a constitutional right or a right under this chapter to a trial by jury. In any proceeding in a court having general equity jurisdiction, the right to trial by jury shall be determined under Alabama Rules of Civil Procedure, Rule 38.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
(Acts 1987, No. 87-590, p. 975, §1-306.)
Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter 22, and the Alabama Rules of Appellate Procedure, as applicable, but in proceedings in which jury trial has been had as a matter of right the rules applicable to the scope of review in jury cases apply.
(Acts 1987, No. 87-590, p. 975, §1-307.)
AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
(a) If notice of a hearing on any petition is required, other than a notice meeting specific notice requirements otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to the person to be notified or to the attorney if the person has appeared by attorney or requested that notice be sent to an attorney.
(b) Notice must be given:
(1) By mailing a copy of the notice at least 14 days before the time set for the hearing by certified, registered, or ordinary first-class mail addressed to the person being notified using the post office address given in the request for notice, if any, or to the person’s office or place of residence, if known;
(2) By delivering a copy thereof to the person being notified personally at least 14 days before the time set for the hearing; or
(3) If the address or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing, at least once a week for three consecutive weeks, a copy of the notice in a newspaper having general circulation in the county in which the hearing is to be held, the last publication of which is to be at least 10 days before the time set for the hearing.
(c) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(d) Proof of the giving of notice must be made not later than the hearing and filed in the proceeding.
(Acts 1987, No. 87-590, p. 975, §1-401.)
A person, including a guardian, guardian ad litem, conservator, or other fiduciary, may waive notice by a signed writing. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive notice.
(Acts 1987, No. 87-590, p. 975, §1-402.)
AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor or other person if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests.
(Acts 1987, No. 87-590, p. 975, §1-403.)
Upon payment of any required fee, an interested person who desires to be notified before any order is made in a guardianship proceeding, including any proceeding subsequent to the appointment of a guardian under Section 26-2A-111, or in a protective proceeding under Section 26-2A-130, may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of the request to the guardian and to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or an attorney to whom notice is to be given. The request is effective only as to proceedings occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.
(Acts 1987, No. 87-590, p. 975, §1-404.)
(a) In any proceeding under this chapter, the court shall appoint a court representative unless the court determines that the appointment is not likely to aid the court or would add unnecessary expense to the proceeding. At any time after the order is entered, the court may appoint a court representative if the court determines that the appointment would aid the court.
(b) Each court representative shall have training or experience in the type of abilities, limitations, and needs alleged in the petition, and have no personal interest in the proceedings. An appointed court representative shall be an officer, employee, or special appointee of the court.
(c) A court representative appointed under subsection (a) shall do all of the following, unless otherwise directed or limited by the court:
(1) Independently evaluate the petition and the allegations made in the petition.
(2) Interview the respondent in person and do both of the following in a manner that the respondent is best able to understand:
a. Explain to the respondent the substance of the petition and the nature, purpose, and effect of the proceeding.
b. Determine the respondent’s views about the relief sought by the petitioner.
(3) Interview the petitioner and proposed guardian or conservator, if any.
(4) If relevant to the proceedings, visit the respondent’s present dwelling and any dwelling in which the court representative reasonably believes the respondent will live if the relief sought is granted.
(5) Obtain information from any physician or other person known to have treated, advised, or assessed the respondent’s relevant physical or mental condition.
(6) File a report of the court representative’s findings in a record with the court, unless waived by the court for good cause shown.
(d) The court may use the service of any public or charitable agency as an additional court representative to evaluate the condition of the respondent and to make appropriate recommendations to the court.
(Act 2026-488, §2.)
A person may become a guardian of a minor by parental appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian or minor ward.
(Acts 1987, No. 87-590, p. 975, §2-101.)
(a) The parent of an unmarried minor may appoint a guardian for the minor by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged.
(b) Subject to the right of the minor under Section 26-2A-72, if both parents are dead or incapacitated or the surviving parent has no parental rights or has been adjudged to be incapacitated, a parental appointment becomes effective when the guardian seasonably files an acceptance in the court in which a nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court at the place where the minor resides or is present. If two or more appointments are made, the latter in time has priority, and if both parents are dead or incapacitated, an effective appointment by the parent, who was eligible to make the appointment and who dies or became incapacitated later in time, has priority.
(c) A parental appointment effected by filing the guardian’s acceptance under a will probated in the state of the testator’s domicile is effective in this state.
(d) Upon acceptance of appointment, the guardian shall give written notice as to when the appointment is effective to the minor and to the person having the minor’s care or the minor’s nearest adult relative.
(Acts 1987, No. 87-590, p. 975, §2-102.)
A minor 14 or more years of age who is the subject of a parental appointment may prevent the appointment or cause it to terminate by filing in the court in which the nominating instrument is filed a written objection to the appointment before it is accepted or within 30 days after receiving notice of its acceptance. An objection may be withdrawn. An objection does not preclude appointment by the court in a proper proceeding of the parental nominee or any other suitable person.
(Acts 1987, No. 87-590, p. 975, §2-103.)
(a) The court may appoint a guardian for an unmarried minor if all parental rights have been terminated or suspended by circumstances or prior order of a court having jurisdiction; unless a custodian has been appointed under Section 26-18-8, or otherwise by the juvenile court when parental rights have been terminated or suspended. A guardian appointed pursuant to Section 26-2A-71 whose appointment has not been prevented or nullified under Section 26-2A-72 has priority over any guardian who may be appointed by the court, but the court may proceed with another appointment upon a finding that the parental nominee has failed to accept the appointment within 30 days after notice of the guardianship proceeding.
(b) If necessary, and on appropriate petition or application, the court may appoint a temporary guardian who shall have the full authority of a general guardian of a minor, but the authority of a temporary guardian may not last longer than six months. The appointment of a temporary guardian for a minor may occur even though the conditions described in subsection (a) have not been established.
(Acts 1987, No. 87-590, p. 975, §2-104; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
The venue for guardianship proceedings for a minor pursuant to Section 26-2A-73 is in the court at the place where the minor resides or is present at the time the proceedings are commenced.
(Acts 1987, No. 87-590, p. 975, §2-105.)
(a) A minor or any person interested in the welfare of the minor may petition for appointment of a guardian.
(b) After the filing of a petition, the court shall set a date for hearing, and the petitioner shall give notice of the time and place of hearing the petition in the manner prescribed by Section 26-2A-50 to:
(1) The minor, if 14 or more years of age and not the petitioner;
(2) Any person alleged to have had the principal care and custody of the minor during the 60 days preceding the filing of the petition; and
(3) Any living parent of the minor.
(c) Upon hearing, if the court finds that a suitable person seeks appointment, venue is proper, the required notices have been given, the conditions of Section 26-2A-73(a) have been met, and the welfare and best interest of the minor will be served by the requested appointment, it shall make the appointment and issue letters. In other cases, the court may dismiss the proceedings or make any other disposition of the matter that will serve the best interest of the minor.
(d) If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.
(Acts 1987, No. 87-590, p. 975, §2-106.)
The court may appoint as guardian any person whose appointment would be in the best interest of the minor. The court shall appoint a person nominated by the minor, if the minor is 14 or more years of age, unless the court finds the appointment contrary to the best interest of the minor.
(Acts 1987, No. 87-590, p. 975, §2-107.)
By accepting a parental or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the guardian at the guardian’s address listed in the court records and to the address then known to the petitioner. Letters of guardianship must indicate whether the guardian was appointed by court order or parental appointment.
(Acts 1987, No. 87-590, p. 975, §2-108.)
(a) A guardian of a minor ward has the powers and responsibilities of a parent regarding the ward’s health, support, education, or maintenance, but a guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for acts of the ward.
(b) In particular and without qualifying the foregoing, a guardian shall:
(1) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities, and physical and mental health;
(2) Take reasonable care of the ward’s personal effects and commence protective proceedings if necessary to protect other property of the ward;
(3) Apply any available money of the ward to the ward’s current needs for health, support, education, or maintenance;
(4) Conserve any excess money of the ward for the ward’s future needs, but if a conservator has been appointed for the estate of the ward, the guardian, at least quarterly, shall pay to the conservator money of the ward to be conserved for the ward’s future needs; and
(5) Report the condition of the ward and of the ward’s estate that has been subject to the guardian’s possession or control, as ordered by the court on petition of any person interested in the ward’s welfare or as required by court rule.
(c) A guardian may:
(1) Receive money payable for the support of the ward to the ward’s parent, guardian, or custodian under the terms of any statutory benefit or insurance system or any private contract, devise, trust, conservatorship, or custodianship, and money or property of the ward paid or delivered pursuant to Section 26-2A-6;
(2) If consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, take custody of the person of the ward and establish the ward’s place of abode within or without this state;
(3) If no conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward;
(4) Consent to medical or other professional care, treatment, or advice for the ward without liability by reason of the consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances;
(5) Consent to the marriage or adoption of the ward; and
(6) If reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward’s well-being.
(d) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing personally provided to the ward, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the court controlling the guardian.
(e) In the interest of developing self-reliance on the part of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the minor or other interested person, may limit the powers of a guardian otherwise conferred by this section and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of a minor must be endorsed on the guardian’s letters or, in the case of a guardian by parental appointment, must be reflected in letters that are issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed and appropriate letters issued.
(Acts 1987, No. 87-590, p. 975, §2-109.)
A guardian’s authority and responsibility terminate upon the death, resignation, or removal of the guardian or upon the minor’s death, adoption, marriage, or attainment of majority, but termination does not affect the guardian’s liability for prior acts or the obligation to account for funds and assets of the ward. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.
(Acts 1987, No. 87-590, p. 975, §2-110.)
(a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship.
(b) If the court at the place where the ward resides is neither the appointing court nor the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate cases shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian must be sent to the appointing court or the court in which acceptance of appointment is filed.
(Acts 1987, No. 87-590, p. 975, §2-111.)
(a) Any person interested in the welfare of a ward or the ward, if 14 or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interest of the ward or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given, as prescribed in Section 26-2A-50, to the ward, the guardian, and any other person as ordered by the court.
(c) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
(d) If the court determines at any time in the proceeding that the interest of the ward is or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is 14 or more years of age.
(Acts 1987, No. 87-590, p. 975, §2-112.)
(a) The parent of an unmarried incapacitated person may appoint by will, or other writing signed by the parent and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. If both parents are dead or the surviving parent is adjudged incapacitated, a parental appointment becomes effective when, after having given seven days’ prior written notice of intention to do so to the incapacitated person and to the person having the care of the person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated, or in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. If both parents are dead, an effective appointment by the parent who died later has priority.
(b) The spouse of a married incapacitated person may appoint by will, or other writing signed by the spouse and attested by at least two witnesses or acknowledged, a guardian of the incapacitated person. The appointment becomes effective when, after having given seven days’ prior written notice of intention to do so to the incapacitated person and to the person having care of the incapacitated person or to the nearest adult relative residing in this state, the guardian files acceptance of appointment in the court in which the will is probated or, in the case of nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present. An effective appointment by a spouse has priority over an appointment by a parent.
(c) An appointment effected by filing the guardian’s acceptance under a will probated in the state of the decedent’s domicile is effective in this state.
(d) Upon the filing in the court in which the will was probated or, in the case of a nontestamentary nominating instrument, in the court at the place where the incapacitated person resides or is present, of written objection to the appointment by the incapacitated person for whom a parental or spousal appointment or guardian has been made, the appointment is terminated. An objection does not prevent appointment by the court in a proper proceeding of the parental or spousal nominee or any other suitable person upon an adjudication of incapacity in proceedings under the succeeding sections of this division.
(Acts 1987, No. 87-590, p. 975, §2-201.)
The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present at the time the proceedings are commenced. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court is located.
(Acts 1987, No. 87-590, p. 975, §2-202.)
(a) Except as provided by subsection (e), an incapacitated person or any person interested in the welfare of the incapacitated person may petition for appointment of a limited or general guardian.
(b) After the filing of a petition, the court shall set a date for hearing on the issue of incapacity so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated person is represented by counsel, appoint an attorney to represent the person in the proceeding. The person so appointed may be granted the powers and duties of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician or other qualified person appointed by the court who shall submit a report in writing to the court. The person alleged to be incapacitated also shall be interviewed by a court representative sent by the court. The court representative also shall interview the person who appears to have caused the petition to be filed and any person who is nominated to serve as guardian and visit the present place of abode of the person alleged to be incapacitated and the place it is proposed that the person will be detained or reside if the appointment is made and submit a report in writing to the court. The court may utilize the service of any public or charitable agency as an additional court representative to evaluate the condition of the allegedly incapacitated person and to make appropriate recommendations to the court.
(c) A person alleged to be incapacitated is entitled to be present at the hearing in person. The person is entitled to be represented by counsel, to present evidence, to cross-examine witnesses, including the court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35. The issue may be determined at a closed hearing if the person alleged to be incapacitated or counsel for the person so requests.
(d) Any person may apply for permission to participate in the proceeding, and the court may grant the request, with or without hearing, upon determining that the best interest of the alleged incapacitated person will be served thereby. The court may attach appropriate conditions to the permission.
(e) The custodial parent or parents or an adult custodial sibling of an adult child who is incapacitated by reason of an intellectual disability, may file, in lieu of a petition, a written request to be appointed guardian of his or her adult child or his or her adult sibling in order to continue performing custodial and other parental responsibilities or family responsibilities, or both responsibilities, for the child after the child has passed his or her minority. The court may waive any or all procedural requirements of the Uniform Guardianship Act, including notice and service, and appointments, and interviews. The adult child alleged to be incapacitated shall have had an examination by a physician or other qualified person and furnish a written report of the findings to the court.
In lieu of a hearing, the probate court shall hold an informal hearing with the custodial parent or custodial parents or custodial adult sibling requesting the guardianship, the adult child for whom the guardianship is sought, and a guardian ad litem for the adult child chosen by the judge of probate.
Following the interview, the court may do any of the following:
(1) Issue an order appointing the custodial parent or custodial parents or custodial sibling as guardian of the adult child as in any other proceeding pursuant to this section.
(2) Deny the request for appointment as guardian pursuant to the special proceedings allowed only for a custodial parent or custodial parents or custodial sibling.
(3) Delay a determination on the request to gather additional information in compliance with one or more of the usual requirements for appointments, interviews, or examinations by physicians or other qualified persons.
(Acts 1987, No. 87-590, p. 975, §2-203; Act 2000-711, p. 1507, §1.)
(a) Except as provided in Section 26-2A-107.1, in a proceeding for the appointment of a guardian of an incapacitated person, notice of hearing shall be given to each of the following:
(1) The respondent, the respondent’s spouse, if any, and adult children, or if none, parents.
(2) Any person who is serving as guardian or conservator or who has the care and custody of the respondent.
(3) In case no other person is notified under subdivision (1), at least one of the nearest adult relatives residing in this state, if any can be found.
(4) Any other person as directed by the court.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian must be given to the respondent, the guardian, and any other person as ordered by the court.
(c) Notice must be served on the respondent as provided in Section 26-2A-50(b)(2). Notices to other persons as required by subsection (a) or (b) shall be served as provided in Section 26-2A-50.
(d) The respondent may not waive notice.
(Acts 1987, No. 87-590, p. 975, §2-204; Act 2026-488, §1.)
(a) Any qualified person may be appointed guardian of an incapacitated person.
(b) Unless lack of qualification or other good cause dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated person’s most recent nomination in a durable power of attorney.
(c) Except as provided in subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person;
(3) A parent of the incapacitated person, or a person nominated by will of a deceased parent or by other writing signed by a parent and attested by at least two witnesses or acknowledged;
(4) Any relative of the incapacitated person with whom the person has resided for more than six months prior to the filing of the petition; and
(5) A person nominated by the person who is caring for or paying for the care of the incapacitated person.
(d) With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the incapacitated person may pass over a person having priority and appoint a person having a lower priority or no priority.
(Acts 1987, No. 87-590, p. 975, §2-205.)
(a) The term “developmentally disabled” means a person whose impairment of general intellectual functioning or adaptive behavior which is manifested before the person attains the age of 22 and results in intellectual disability, cerebral palsy, epilepsy or autism and as defined in Public Law 98-527, the Developmental Disabilities Assistance and Bill of Rights Act (Section 102(7)).
(b) A private non-profit corporation organized under the laws of Alabama and qualified under the Internal Revenue Code as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as guardian for persons with developmental disabilities and who has been determined by the probate court to need some degree of guardianship; provided that those corporations qualifying under this section shall be governed by a board of directors which shall have no fewer than 35 percent of its membership representing parents or siblings of persons with developmental disabilities. Further such corporation shall be established in perpetuity to provide a lifetime of service to those persons placed under their care. In no case shall a corporation appointed under this section engage in providing direct or indirect services to the wards/protective persons under its care or take any other action that could be considered a conflict of interest.
(c) The Alabama Department of Mental Health shall assist the courts in their implementation of this section and shall develop guidelines for the provision of guardianship services by corporations appointed under this section.
(Acts 1991, No. 91-547, p. 1009, §§1-3.)
(a) The court shall exercise the authority conferred in this division so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person’s mental and adaptive limitations or other conditions warranting the procedure.
(b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person of the incapacitated person. The court, on appropriate findings, may (i) treat the petition as one for a protective order under Section 26-2A-130 and proceed accordingly, (ii) enter any other appropriate order, or (iii) dismiss the proceedings.
(c) The court, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, may limit the powers of a guardian otherwise conferred by this chapter and thereby create a limited guardianship. Any limitation on the statutory power of a guardian of an incapacitated person must be endorsed on the guardian’s letters or, in the case of a guardian by parental or spousal appointment, must be reflected in letters issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed or modified and appropriate letters issued.
(Acts 1987, No. 87-590, p. 975, §2-206.)
By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding must be delivered or mailed to the guardian at the address listed in the court records and at the address as then known to the petitioner.
(Acts 1987, No. 87-590, p. 975, §2-207.)
[Repealed]
THIS SECTION WAS REPEALED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027.
(a) If an incapacitated person has no guardian, an emergency exists, and no other person appears to have authority to act in the circumstances, on appropriate petition the court, without notice, may appoint a temporary guardian whose authority may not extend beyond 30 days and who may exercise those powers granted in the order.
(b) If the appointed guardian is not effectively performing duties and the court further finds that the welfare of the incapacitated person requires immediate action, it may appoint, with or without notice, a temporary guardian for the incapacitated person having the powers of a general guardian for a specified period not to exceed six months. The authority of any permanent guardian previously appointed by the court is suspended as long as a temporary guardian has authority.
(c) The court may remove a temporary guardian at any time. A temporary guardian shall make any report and comply with any conditions the court imposes or requires. In other respects the provisions of this chapter concerning guardians apply to temporary guardians.
(Acts 1987, No. 87-590, p. 975, §2-208; Act 2015-464, §1.)
(a) Either at the court’s discretion after a petition has been filed under this division or on petition by a person interested in the adult’s welfare, including, but not limited to, a hospital as defined in Section 22-21-20, the court may appoint a temporary guardian or emergency guardian for an adult if the court finds all of the following:
(1) The appointment of a temporary guardian or emergency guardian is likely to prevent substantial harm to the adult’s physical health, safety, or welfare.
(2) No other person appears to have the authority and the willingness to act in the circumstances.
(3) There is reason to believe that a basis for appointment of a guardian under Section 26-2A-102 exists.
(b)(1) Immediately upon the filing of a petition for appointment of a temporary guardian or emergency guardian of an adult and if a guardian ad litem has not been appointed to represent the respondent, the court shall appoint a guardian ad litem to represent the respondent in the proceeding.
(2) Except as otherwise provided in subsection (d), the court shall provide notice of the date, time, and place of a hearing on a petition for appointment of a temporary guardian or emergency guardian of an adult not later than five days before the time set for the hearing to all of the following parties:
a. The respondent.
b. The respondent’s guardian ad litem and attorney.
c. Any other person that the court determines is an appropriate party to the hearing.
(c)(1) The duration of authority of a temporary guardian for an adult may not exceed 60 days. A temporary guardian may exercise only the powers specified in the order of appointment.
(2) Prior to the expiration of the duration of authority granted to a temporary guardian for an adult under subdivision (1), the duration of authority of a temporary guardian for an adult may be extended for a second term of not more than 60 days without a hearing, provided that the court finds both of the following:
a. The conditions for appointment of a temporary guardian in subsection (a) continue.
b. It is in the best interest of the respondent to continue the appointment.
(3) Prior to the expiration of the second or any subsequent term of the duration of authority granted to a temporary guardian under subdivision (2), the authority of a temporary guardian for an adult may be extended for a third or subsequent term of not more than 60 days upon hearing and upon the court finding that there is good cause to extend the temporary appointment. Notice of the date, time, and place of the hearing to extend the temporary appointment shall be given in accordance with the requirements of subsection (b).
(d)(1) The court may appoint an emergency guardian for an adult without providing notice to the adult, the adult’s guardian ad litem, or any attorney for the adult only if the court finds from an affidavit or testimony that the adult’s physical health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held.
(2) The duration of authority of an emergency guardian for an adult may not exceed 10 days. The emergency guardian may exercise only the powers specified in the order of appointment.
(3) If the court appoints an emergency guardian without giving notice under subsection (b), the court must do each of the following:
a. Give notice of the appointment of the emergency guardian not later than 48 hours after the appointment to:
The respondent;
The respondent’s guardian ad litem and attorney, if any; and
Any other person that the court determines is an appropriate party to the hearing.
b. Hold a hearing on the appropriateness of the emergency appointment not later than 10 days after the appointment, with notice of the date, time, and place of the hearing given at least five days before the time set for the hearing to those persons listed in paragraph a.
(4) At the conclusion of the hearing on the emergency appointment, the court may do any of the following:
a. Appoint a temporary guardian for the adult.
b. Terminate the emergency guardianship without appointment of a temporary guardian.
c. Grant such other relief as may be proper.
(e) The appointment of a temporary guardian or emergency guardian under this section is not a determination that a basis exists for appointment of a guardian under Section 26-2A-102.
(f) The court may remove a temporary guardian or emergency guardian appointed under this section at any time.
(g) The court may order a temporary guardian or emergency guardian to file a written report, the contents of which may be determined by the court. A temporary guardian or emergency guardian shall make any report the court requires.
(h) No county sheriff shall be appointed as a temporary guardian or emergency guardian pursuant to this section unless the county sheriff consents and accepts the appointment as temporary guardian or emergency guardian.
(Act 2026-488, §2.)
(a) Except as limited pursuant to Section 26-2A-105(c), a guardian of an incapacitated person is responsible for health, support, education, or maintenance of the ward, but is not liable to third persons by reason of that responsibility for acts of the ward. In particular and without qualifying the foregoing, a guardian has the same duties, powers, and responsibilities as a guardian for a minor as described in Section 26-2A-78(b), (c), and (d).
(b) Except as provided in Division 2A, in addition to the duties, powers, and responsibilities of a guardian described in subsection (a), a guardian of an incapacitated person has the power to limit or enforce the ward’s right to visitation or communication with anyone, including the right to receive visitors, telephone calls, and personal mail.
(Acts 1987, No. 87-590, p. 975, §2-209; Act 2016-404, §1.)
The authority and responsibility of a guardian of an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, upon transfer to another state as provided in Section 26-2B-301, or upon removal or resignation as provided in Section 26-2A-110. Termination does not affect a guardian’s liability for prior acts or the obligation to account for funds and assets of the ward.
(Acts 1987, No. 87-590, p. 975, §2-210; Act 2010-500, p. 782, §2.)
(a) On petition of the ward or any person interested in the ward’s welfare, or on its own motion, the court, after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition of the guardian, the court, after hearing, may accept a resignation.
(b) An order adjudicating incapacity may specify a minimum period, not exceeding one year, during which a petition for an adjudication that the ward is no longer incapacitated may not be filed without special leave. Subject to that restriction, the ward or any person interested in the welfare of the ward may petition for an order that the ward is no longer incapacitated and for termination of the guardianship. A request for an order may also be made informally to the court and any person who knowingly interferes with transmission of the request may be adjudged guilty of contempt of court.
(c) Upon removal, resignation, or death of the guardian, or if the guardian is determined to be incapacitated, the court may appoint a successor guardian and make any other appropriate order. Before appointing a successor guardian, or ordering that a ward’s incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the ward that apply to a petition for appointment of a guardian.
(Acts 1987, No. 87-590, p. 975, §2-211.)
(a) The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed over resignation, removal, accounting, and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian or to remove limitations previously imposed.
(b) If the court at the place where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced, in all appropriate cases, shall notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation, removing a guardian, or altering authority must be sent to the court in which acceptance of appointment is filed.
(Acts 1987, No. 87-590, p. 975, §2-212.)
For the purposes of this division, the following terms have the following meanings:
(1) RELATIVE. A sibling, child, parent, grandparent, or grandchild of a ward or a person who shares this same relationship through adoption or a spouse of the ward.
(2) VISITATION. Any in-person meeting or any telephonic mail or electronic communication between a ward and his or her relative.
(3) VISITATION ORDER. An order issued by the court after notice and hearing regarding the visitation with a ward by his or her relative specifying the approval or disapproval of any visitation and the specifics of that visitation including, but not limited to, the time, place, and manner of the visitation.
(4) WARD. An adult who is a ward as defined in Section 26-2A-20.
(Act 2016-404, §2.)
(a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated.
(b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward.
(c) On motion of either the petitioner or the guardian or the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division.
(d) The petition shall state all of the following information:
(1) The condition of the ward’s physical and mental health, to the extent known by the petitioner.
(2) The efforts to obtain visitation with the ward.
(3) The proposed visitation that is sought.
(4) The deficit or deficits, if any, in the ward’s mental functions that are impaired and an identification of a link between the deficit or deficits and the ward’s inability to respond knowingly and intelligently to queries about the requested visitation.
(5) The names and addresses, so far as they are known to the petitioner, of the spouse and relatives of the first degree of the ward.
(e) The court shall provide notice not less than 14 days before the hearing in the manner specified in Section 26-2A-103, unless the hearing is an emergency hearing pursuant to subsection (g), in which case, notice shall be given as soon as practicable.
(f) A determination by the court regarding capacity under this section may not be used as evidence of capacity in any other proceeding.
(g) If the petition filed under subsection (a) states that the ward’s health is in significant decline or that the ward’s death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than 10 days after the date the petition is filed under subsection (a).
(Act 2016-404, §2.)
Before ruling on the petition, the court may order the Department of Human Resources or the court representative to do any or all of the following:
(1) Conduct interviews with the following:
a. The ward
b. All petitioners.
c. The relatives of the ward.
d. To the extent practical, neighbors and, if known, close friends of the ward.
(2) Inform the ward of the contents of the petition.
(3) Determine whether the ward has the capacity to consent to the requested visitation.
(4) Determine whether the ward desires the proposed visitation.
(5) Report to the court in writing, at least seven days before the hearing, concerning subdivisions (1) to (4), inclusive.
(6) Mail, at least seven days before the hearing, a copy of the report referred to in subdivision (5) to all of the following:
a. The petitioner or his or her attorney, if any.
b. The guardian ad litem appointed to represent the ward for purposes of the petition for visitation.
c. The guardian.
d. Any other person as the court orders.
(7) The report required by this section is confidential and shall be made available only to the parties, persons described in subdivision (6), persons given notice of the petition who have requested this report or who have appeared in the proceedings, their attorneys, and the court.
(8) If the court investigator has performed an investigation within the preceding 12 months and furnished a report thereon to the court, the court may order, upon good cause shown, that another investigation is not necessary or that a more limited investigation may be performed.
(Act 2016-404, §2.)
(a) In ruling on the petition, the court shall conduct a hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent visitation decision based on evidence presented.
(b) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision and the ward expresses a desire for visitation with the petitioner, the court shall order visitation.
(c) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision, but does not desire visitation with the petitioner, the court shall not order visitation.
(d) If the court determines that the ward does not have capacity to make a knowing and intelligent visitation decision, the court shall determine whether to order visitation based on the best interest of the ward as determined by the evidence presented to the court.
(e) The court shall order the petitioner to pay the court costs and reasonable fees and expenses of any attorney or court representative appointed under this division.
(Act 2016-404, §2.)
(a) Except as provided under subsection (b), provided the relative has supplied the guardian with his or her current contact information, the guardian shall as soon as practicable inform relatives of any of the following:
(1) The ward dies.
(2) The ward is admitted to a medical facility for acute or chronic care for a period of three days or more.
(3) The ward’s residence has changed.
(4) The ward is staying at a location other than the ward’s residence for a period that exceeds one calendar week.
(5) In the case of the ward’s death, the guardian shall inform relatives of any funeral arrangements and the location of the ward’s final resting place.
(b) The court shall relieve a guardian of the duty to provide notice to a relative under this division, if the court finds that:
(1) The relative entitled to notice about the ward has submitted a written request to the guardian electing not to receive notice about a ward’s health and residence.
(2) A protective order was issued against the relative to protect the ward.
(3) The court ordered that the relative not be given this information.
(Act 2016-404, §2.)
The court has continuing jurisdiction to revoke or modify an order made pursuant to this division upon a petition filed, noticed, and heard in the same manner as the original petition was filed.
(Act 2016-404, §2.)
(a) Upon petition and after notice and hearing in accordance with the provisions of this division, the court may appoint a conservator or make any other protective order for cause as provided in this section.
(b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns funds or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be jeopardized or prevented by minority, or that funds are needed for health, support, education, or maintenance and that protection is necessary or desirable to obtain or provide funds.
(c) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (i) the person is unable to manage property and business affairs effectively for such reasons as mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and that (ii) (aa) the person has property that will be wasted or dissipated unless property management is provided, or that (bb) funds are needed for the health, support, education, or maintenance of the person or of those entitled to the person’s support and that protection is necessary or desirable to obtain or provide the funds.
(Acts 1987, No. 87-590, p. 975, §2-301.)
Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has:
(1) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; and
(2) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state must be managed, expended, or distributed to or for the use of the protected person, the protected person’s dependents, or other claimants.
(Acts 1987, No. 87-590, p. 975, §2-302; Act 2010-500, p. 782, §2.)
Venue for proceedings under this division is:
(1) In the court at the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or
(2) If the person to be protected does not reside in this state, in the court at any place where property of the person is located.
(Acts 1987, No. 87-590, p. 975, §2-203.)
(a) The person to be protected or any person who is interested in the estate, affairs, or welfare of the person, including a parent, child, guardian, custodian, or any person who would be adversely affected by lack of effective management of the person’s property and business affairs may petition for the appointment of a conservator or for other appropriate protective order.
(b) The petition must set forth to the extent known the interest of the petitioner; the name, age, residence, and address of the person to be protected; the names and addresses of all persons, known to the petitioner, who must be given notice, a general statement of the person’s property with an estimate of the value thereof, including any compensation, insurance, pension, or allowance to which the person is entitled; the reason why appointment of a conservator or other protective order is necessary, and whether bond has been relieved. If the appointment of a conservator is requested, the petition must also set forth the name and address of the person whose appointment is sought and the basis of the claim to priority for appointment.
(Acts 1987, No. 87-590, p. 975, §2-304.)
AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
(a) On a petition for appointment of a conservator or other protective order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person to be protected has disappeared or is otherwise situated so as to make personal service of notice impracticable, notice to the person must be given by publication as provided in Section 26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section 26-2A-75 also apply.
(b) Notice, as described in Section 26-2A-103, of any hearing on a petition for an order subsequent to appointment of a conservator or other protective order must be given to the protected person, any conservator of the protected person’s estate, and any other person as ordered by the court.
(Acts 1987, No. 87-590, p. 975, §2-305.)
(a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing. If the court determines at any time in the proceeding that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 or more years of age. An attorney appointed by the court to represent a minor may be granted the powers and duties of a guardian ad litem.
(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has chosen counsel, the court shall appoint an attorney to represent the person who may be granted the powers and duties of a guardian ad litem. If the alleged disability is mental illness, mental deficiency, physical illness or disability, physical or mental infirmities accompanying advanced age, chronic use of drugs, or chronic intoxication, the court must direct that the person to be protected be examined by a physician or other qualified person designated by the court, preferably one who is not connected with any institution in which the person is a patient or is detained. The court may send a court representative to interview the person to be protected. The court representative may be a guardian ad litem or an officer or employee of the court.
(c) The court may utilize, as an additional court representative, the service of any public or charitable agency to evaluate the condition of the person to be protected and make appropriate recommendations to the court.
(d) The person to be protected is entitled to be present at the hearing in person. When the person to be protected is not present in person at the hearing, the court, before proceeding at the hearing in the person’s absence, must determine that the person’s absence is in the best interest of the person to be protected. At the request of the person to be protected, the person is entitled to be represented by counsel, at the person’s expense, to present evidence, to cross-examine witnesses, including any court-appointed physician or other qualified person and any court representative, and upon demand to trial by jury as provided in Section 26-2A-35. The issue may be determined at a closed hearing if the person to be protected or counsel for the person so requests.
(e) Any person may apply for permission to participate in the proceeding and the court may grant the request, with or without hearing, upon determining that the best interest of the person to be protected will be served thereby. The court may attach appropriate conditions to the permission.
(f) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.
(Acts 1987, No. 87-590, p. 975, §2-306.)
AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE.
(a) The court shall exercise the authority conferred in this division to encourage the development of maximum self-reliance and independence of a protected person and make protective orders only to the extent necessitated by the protected person’s mental and adaptive limitations and other conditions warranting the procedure.
(b) The court has the following powers that may be exercised directly or through a conservator in respect to the estate and business affairs of a protected person:
(1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice, the court may preserve and apply the property of the person to be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and business affairs of the minor which are or may be necessary for the best interest of the minor and members of minor’s immediate family.
(3) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court, for the benefit of the person and members of the person’s immediate family, has all the powers over the estate and business affairs which the person could exercise if present and not under disability, except the power to make a will. Subject to subsection (c), those powers include, but are not limited to, power to make gifts; to convey or release contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected person as trustee, personal representative, custodian for minors, conservator, or donee of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts of property of the estate which may extend beyond the disability or life of the protected person; to exercise options of the protected person to purchase securities or other property; to exercise rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value; to exercise any right to an elective share in the state of the person’s deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer.
(c) The court may exercise or direct the exercise of the following powers only if satisfied, after notice and hearing, that it is in the best interest of the protected person, and that the person either is incapable of consenting or has consented to the proposed exercise of power:
(1) To exercise or release powers of appointments of which the protected person is done;
(2) To renounce or disclaim interests;
(3) To make gifts in trust or otherwise exceeding in the aggregate 20 percent of the year’s income of the estate; and
(4) To change beneficiaries under insurance and annuity policies.
(d) Except for the disability necessitating the appointment, a determination that a basis for appointment of a conservator or other protective order exists has no effect otherwise on the capacity of the protected person. A conservator has all the powers granted by this section, unless specifically limited by the court. A protected person does not have or possess powers granted to the conservator.
(Acts 1987, No. 87-590, p. 975, §2-307.)
(a) Either at the court’s discretion after a petition has been filed under this division or on petition under this division by a person interested in the adult’s welfare, including, but not limited to, a hospital as defined in Section 22-21-20, the court may appoint a temporary conservator or emergency conservator for the person or grant such other temporary or emergency relief as may be appropriate, including an order to preserve and apply property of the person as required for support of the person or any person who is in fact dependent on the person, if the court finds all of the following:
(1) The appointment of a temporary conservator or emergency conservator or granting of other temporary or emergency relief is likely to prevent substantial and irreparable harm to the person’s property or financial interests.
(2) No other person appears to have the authority and the willingness to act in the circumstances.
(3) There is reason to believe that a basis for appointment of a conservator or other protective order under Section 26-2A-130 exists.
(b)(1) Immediately upon the filing of a petition for appointment of a temporary conservator or emergency conservator or other temporary or emergency relief and if a guardian ad litem has not been appointed to represent the respondent, the court shall appoint a guardian ad litem to represent the respondent in the proceeding.
(2) Except as otherwise provided in subsection (d), the court shall provide notice of the date, time, and place of a hearing on a petition under this section at least five days before the time set for the hearing to all of the following parties:
a. The respondent.
b. The respondent’s guardian ad litem and attorney, if any.
c. Any other person that the court determines is an appropriate party to the hearing.
(c)(1) The duration of authority of a temporary conservator and the duration of any other temporary relief ordered under this section may not exceed 60 days. The temporary conservator may exercise only the powers specified in the order of appointment.
(2) Prior to the expiration of the duration of authority granted to a temporary conservator or the expiration of the duration of any other temporary relief under subdivision (1), the duration of authority of a temporary conservator or the duration of any other temporary relief may be extended for a second term of not more than 60 days without a hearing, provided that the court finds both of the following:
a. The conditions for appointment of a temporary conservator or for the granting of any other temporary relief under subsection (a) continue.
b. It is in the interest of the respondent to continue the appointment of a temporary conservator or granting of temporary relief.
(3) Prior to the expiration of the second or any subsequent term of the duration of authority granted to a temporary conservator or the duration of any other temporary relief under subdivision (2), the authority of a temporary conservator or any other temporary relief may be extended for a third or subsequent term of not more than 60 days upon hearing and upon the court finding that there is good cause to extend the temporary appointment or granting of temporary relief. Notice of the date, time, and place of the hearing to extend the temporary appointment or other temporary relief shall be given in accordance with the requirements established in subsection (b).
(d)(1) The court may appoint an emergency conservator or grant other emergency relief without providing notice to the respondent, the respondent’s guardian ad litem, or any attorney for the respondent only if the court finds from an affidavit or testimony that the respondent’s property or financial interests will be substantially and irreparably harmed before a hearing with notice on the appointment can be held.
(2) The duration of authority of an emergency conservator may not exceed 10 days. The emergency conservator may exercise only the powers specified in the order of appointment. The duration of any other emergency relief may not exceed 10 days.
(3) If the court appoints an emergency conservator or grants other emergency relief without giving notice under subsection (b), the court shall do each of the following:
a. Give notice of the appointment of the emergency conservator or the granting of emergency relief not later than 48 hours after the appointment to:
The respondent;
The respondent’s guardian ad litem and attorney, if any; and
Any other person that the court determines is an appropriate party to the hearing.
b. Hold a hearing on the appropriateness of the emergency appointment or granting of emergency relief not later than 10 days after the appointment is made or the emergency relief is granted, with notice of the date, time, and place of the hearing given at least five days before the time set for the hearing to those persons listed in paragraph a.
(4) At the conclusion of the hearing on the emergency appointment or granting of emergency relief, the court may do any of the following:
a. Appoint a temporary conservator for the adult.
b. Terminate the emergency conservatorship or other emergency relief without further appointment or relief.
c. Grant such other relief as may be proper.
(e) The appointment of a temporary conservator or emergency conservator under this section is not a determination that a basis exists for appointment of a conservator or other protective order under Section 26-2A-130.
(f) The court may remove a temporary conservator or emergency conservator appointed under this section at any time.
(g) The court may order a temporary conservator or emergency conservator to file a written report, the contents of which may be determined by the court. A temporary conservator or emergency conservator shall make any report the court requires.
(h) No county sheriff shall be appointed as a temporary conservator or emergency conservator pursuant to this section unless the county sheriff consents and accepts the appointment as temporary conservator or emergency conservator.
(i) The requirements of Section 26-2A-139 shall apply to any individual appointed as a temporary conservator or emergency conservator under this section.
(j) This section shall apply to all conservatorships and other protective proceedings commencing on or after January 1, 2027.
(Act 2026-488, §2.)
(a) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include payment, delivery, deposit, or retention of funds or property; sale, mortgage, lease, or other transfer of property, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person; entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and education; or addition to or establishment of a suitable trust.
(b) If it is established in a proper proceeding that a basis exists for the appointment of a conservator or protective order as described in Section 26-2A-130, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person’s property and business affairs, including, but not limited to the leasing of oil, gas, and other mineral rights of the protected person, if the court determines that the transaction is in the best interest of the protected person.
(c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of the disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.
(Acts 1987, No. 87-590, p. 975, §2-308; Act 2017-245, §1.)
(a) The court may appoint an individual or a corporation with general power to serve as trustee or conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:
(1) A conservator, guardian of property, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides;
(2) An individual or corporation nominated by the protected person who is 14 or more years of age and of sufficient mental capacity to make an intelligent choice;
(3) An attorney-in-fact under a valid durable power of attorney previously executed by the protected person and giving the attorney-in-fact reasonably broad powers over the property of the protected person;
(4) The spouse of the protected person, or a person nominated by the will of a deceased spouse to whom the protected person was married at the decedent’s death and the protected person has not remarried;
(5) An adult child of the protected person;
(6) A parent of the protected person, or a person nominated by the will of a deceased parent;
(7) Any relative of the protected person who has resided with the protected person for more than six months before the filing of the petition;
(8) A person nominated by one who is caring for or paying benefits to the protected person; and
(9) A general guardian or sheriff for the county who must be appointed and act as conservator when no other fit person applies for appointment and qualifies.
(b) A person in priorities (1), (4), (5), (6), or (7) may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute. With respect to persons having equal priority, the court shall select the one it deems best suited to serve. The court, acting in the best interest of the protected person, may pass over a person having priority and appoint a person having a lower priority or no priority.
(Acts 1987, No. 87-590, p. 975, §2-309; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
(a) The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator’s control, plus one year’s estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land.
(b) The court may at any time reduce the bond of the conservator or require the conservator to provide additional or larger bond as may seem to be proper or necessary to protect the interests of the protected person.
(c) Any individual, who is authorized under this chapter to nominate a conservator by will or other writing, may, by express provision in the will or other writing nominating the conservator, exempt the conservator from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases:
(1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the ward or the estate of the protected person makes affidavit, showing the affiant’s interest and alleging that the interest is, or will be, endangered for want of security; or
(2) When, in the opinion of the court, the estate is likely to be wasted, to the prejudice of any person interested therein.
(d) In the cases provided for by subsection (c), upon application for the conservator to give bond, the conservator may show cause against applications of the exceptions and must have notice as the judge may deem reasonable; but if the conservator is not in the state, the application may be heard and determined without notice.
(Acts 1987, No. 87-590, p. 975, §2-310.)
(a) The following requirements and provisions apply to any bond required under Section 26-2A-139.
(1) Sureties are jointly and severally liable with the conservator and with each other.
(2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.
(3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator.
(4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.
(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
(Acts 1987, No. 87-590, p. 975, §2-311.)
By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate which may be instituted by any interested person. Notice of any proceeding must be delivered to the conservator or mailed by registered or certified mail to the address as listed in the petition for appointment or as thereafter reported to the court and to the address as then known to the petitioner.
(Acts 1987, No. 87-590, p. 975, §2-312.)
(a) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician, conservator, or special conservator appointed in a protective proceeding and any attorney whose services resulted in a protective order or in an order that was beneficial to a protected person’s estate is entitled to reasonable compensation from the estate. The conservator shall be allowed from the estate of the protective person all reasonable premiums paid on his or her bond and reimbursement of any court costs paid.
(b) If not otherwise reasonably compensated for services rendered, any court representative, attorney, physician appointed in a guardianship, and any attorney whose services resulted in a guardianship order or in an order that was beneficial to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed from the estate of the ward for any court costs paid.
(c) Except when the petitioner is related by blood or marriage to the individual who is the subject of the proceeding, if the assets of the estate in a protective proceeding or in a guardianship proceeding are not sufficient to provide reasonable compensation and pay court costs as permitted in subsections (a) and (b), the compensation of any guardian ad litem, court representative, or physician appointed by the court and court costs associated with the petition or motion may be taxed by the court with regard to any particular petition or motion presented to the court to the petitioner as additional costs to the petitioner.
(Acts 1987, No. 87-590, p. 975, §2-313; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1; Act 2006-529, p. 1223, §1.)
The court, on petition or on its own motion, may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. Upon the conservator’s death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the predecessor.
(Acts 1987, No. 87-590, p. 975, §2-314.)
(a) Any person interested in the welfare of a person for whom a conservator has been appointed, any person interested in the proper administration of the estate, or the court on its own motion, may file a petition in the appointing court or the court to which the conservatorship has been transferred for an order:
(1) Requiring bond or collateral or additional bond or collateral, or reducing bond;
(2) Requiring an accounting for the administration of the trust;
(3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator; or
(5) Granting other appropriate relief.
(b) A conservator may petition the appointing court or the court to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.
(d) If, on the hearing, it should appear that there is no satisfactory cause for the petition, the petition must be dismissed at costs of the petitioner.
(Acts 1987, No. 87-590, p. 975, §2-315.)
A conservator, in relation to powers conferred by this division, or implicit in the title acquired by virtue of the proceeding, shall observe the standards in dealing with the estate of the protected person that would be observed by a prudent person dealing with the property of another, and if the conservator has special skills or is appointed conservator on the basis of representations of special skills or expertise, the conservator is under a duty to use those skills.
(Acts 1987, No. 87-590, p. 975, §2-316.)
(a) Within 90 days after appointment, each conservator shall prepare and file with the appointing court a complete inventory of the estate subject to the conservatorship together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. The conservator shall provide a copy thereof to the protected person if practicable and the person has attained the age of 14 years. A copy also shall be provided to any guardian or parent with whom the protected person resides.
(b) The conservator shall keep suitable records of the administration and exhibit the same on request of any interested person.
(Acts 1987, No. 87-590, p. 975, §2-317.)
Each conservator shall account to the court for administration of the conservatorship upon resignation or removal and at other times as the court may direct, but if not otherwise directed, the conservator must, at least once in three years, account to the court. If the conservator shall die before making the accounting, the conservator’s personal representative will make the accounting, or if no personal representative has been appointed, the sureties on the conservator’s bond may proceed to make the accounting. On termination or removal of the protected person’s minority or disability, a conservator shall account to the court or to the formerly protected person. An order after notice and hearing allowing an intermediate account of a conservator is a final adjudication as to liabilities concerning the matters considered in connection therewith. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or other party having an interest in the estate for amendment or revision if it later appears that the account is incorrect either because of fraud or mistake. An order, following notice and hearing, allowing a final account is a final adjudication as to all previously unsettled liabilities of the conservator to the protected person or the protected person’s successors relating to the conservatorship. In connection with any account, the court may require a conservator to submit to a physical examination of the estate, to be made in any manner the court specifies.
(Acts 1987, No. 87-590, p. 975, §2-318.)
(a) The appointment of a conservator vests in the conservator title as trustee to all property, or to the part thereof specified in the order, of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person. Appointment of a conservator does not terminate a custodianship created under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act, or a valid durable power of attorney, except on order of the court. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship.
(b) Except as otherwise permitted herein, the interest of the protected person in property vested in a conservator by this section is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in Section 26-2A-156.
(Acts 1987, No. 87-590, p. 975, §2-319.)
(a) Except for property unaffected by the appointment of a conservator specified in Section 26-2A-148(a), letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator to the protected person, or to successors of the person.
(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person. For the filing and recordation of letters of conservatorship and orders terminating conservatorships, the probate judge shall receive the same compensation (fees of registration) therefor as for recording deeds to land, but no tax levied upon the recordation of mortgages, deeds, and instruments of like character shall be levied upon or collected.
(Acts 1987, No. 87-590, p. 975, §2-320.)
Any sale or encumbrance to or purchase from a conservator, the spouse, agent, attorney of a conservator, any person related to the conservator by blood or marriage within the fourth degree, or any corporation, trust, or other organization in which the conservator has a substantial beneficial interest, or any other transaction involving the estate being administered by the conservator which is affected by a substantial conflict between fiduciary and personal interests is voidable unless the transaction is approved by the court after notice as directed by the court.
(Acts 1987, No. 87-590, p. 975, §2-321.)
(a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in Section 26-2A-136 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in Section 26-2A-154 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator.
(b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial transactions or to simplify transfers of securities by fiduciaries.
(Acts 1987, No. 87-590, p. 975, §2-322.)
(a) Subject to limitation provided in Section 26-2A-154, a conservator shall have all of the powers conferred in this section and any additional powers now or hereafter conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor as to whom no one has parental rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor attains the age of 19 years, or the disabilities of nonage have been removed, but the parental rights so conferred on a conservator do not preclude appointment of a guardian as provided in Division 1 of this article.
(b) A conservator without court authorization or confirmation may invest and reinvest funds of the estate as would a trustee.
(c) A conservator, acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court authorization or confirmation, to
(1) Collect, hold, and retain assets of the estate including land in another state and stocks of private corporations, until determining that disposition of the assets should be made, and the assets may be retained even though they include an asset in which the conservator is personally interested;
(2) Receive additions to the estate;
(3) Acquire an undivided interest in an asset of the estate that is otherwise an investment authorized for the conservator and in which the conservator, in any fiduciary capacity, holds an undivided interest;
(4) Invest and reinvest estate assets in accordance with subsection (b);
(5) Deposit estate funds to the extent insured in a state or federally insured financial institution, including one operated by the conservator;
(6) Acquire an asset for the estate that is an authorized investment for conservators, including land in another state, for cash or on credit, at public or private sale, and manage, develop, improve, partition, or change the character of an estate asset;
(7) Dispose of an asset, other than real property, of the estate for cash or on credit, at public or private sale, and manage or change the character of an estate asset;
(8) Make ordinary or extraordinary repairs or alterations in buildings or other structures;
(9) Enter for any purpose into a lease as lessor or lessee for a term not exceeding five years;
(10) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement;
(11) Grant an option for a period not exceeding one year involving disposition of an estate asset;
(12) Vote a security, in person or by general or limited proxy;
(13) Pay calls, assessments, and any other sums chargeable or accruing against or on account of securities;
(14) Sell or exercise stock-subscription or conversion rights;
(15) Deposit any stocks, bonds, or other securities at any time held in any pool or voting trust containing terms or provisions approved by the conservator;
(16) Consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;
(17) Insure the assets of the estate against damage or loss and the conservator against liability with respect to third persons;
(18) Borrow money for the protection of the estate to be repaid from estate assets or otherwise; advance money for the protection of the estate or the protected person and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any estate assets, for which the conservator has a lien on the estate as against the protected person for advances so made;
(19) Pay or contest any claim; settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise; and release, in whole or in part, any claim belonging to the estate to the extent the claim is uncollectible;
(20) Pay reasonable annual compensation of the conservator, subject to final approval of the court in an accounting under Section 26-2A-147;
(21) Pay taxes, assessments, and other expenses incurred in the collection, care, administration, and protection of the estate;
(22) Allocate items of income or expense to either estate income or principal, as provided by the applicable principal and income act or other law, including creation of reserves out of income for depreciation, obsolescence, or amortization, or for depletion in mineral or timber properties;
(23) Pay any sum distributable to a protected person or dependent of the protected person by - (i) paying the sum to the distributee, (ii) applying the sum for the benefit of the distributee, or (iii) paying the sum for the use of the distributee to the guardian of the distributee, or, if none, to a relative or other person having custody of the distributee;
(24) Employ persons, including attorneys, auditors, investment advisors, or agents, even though they are associated with the conservator, to advise or assist in the performance of administrative duties;
(25) Prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of estate assets and of the conservator in the performance of fiduciary duties;
(26) Execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator; and
(27) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery, but the conservator is liable for any act of the nominee in connection with the stock so held.
(d) A conservator, acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act with prior court authorization, to
(1) Continue or participate in the operation of any business or other enterprise;
(2) Demolish any improvements and raze or erect new party walls or buildings;
(3) Dispose of any real property, including land in another state, for cash or on credit, at public or private sale, and manage, develop, improve, partition, or change the character of estate real property;
(4) Subdivide, develop, or dedicate land or easements to public use; make or obtain the vacation of plats and adjust boundaries;
(5) Enter for any purpose into a lease as lessor or lessee for a term of five or more years or extending beyond the term of the conservatorship;
(6) Grant an option for a term of more than one year involving disposition of an estate asset; and
(7) Take an option for the acquisition of any asset.
(Acts 1987, No. 87-590, p. 975, §2-323.)
(a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the health, support, education, or maintenance of the protected person and dependents in accordance with the following principles:
(1) The conservator shall consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person or dependents made by a parent or guardian, if any. The conservator may not be surcharged for sums paid to persons or organizations furnishing support, education, or maintenance to the protected person or a dependent pursuant to the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian derives personal financial benefit therefrom, including relief from any personal duty of support, or the recommendations are clearly not in the best interest of the protected person.
(2) The conservator shall expend or distribute sums reasonably necessary for the health, support, education, or maintenance of the protected person and dependents with due regard to (i) the size of the estate, the probable duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully able to be wholly self-sufficient and able to manage business affairs and the estate; (ii) the accustomed standard of living of the protected person and dependents; and (iii) other funds or sources used for the support of the protected person.
(3) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person and others who are members of the protected person’s household who are unable to support themselves, and who are in need of support. In expending funds under this division, the conservator shall consider and apply the criteria considered in subdivision (a)(2).
(4) Funds expended under this subsection may be paid by the conservator to any person, including the protected person, to reimburse for expenditures that the conservator might have made, or in advance for services to be rendered to the protected person if it is reasonable to expect the services will be performed and advance payments are customary or reasonably necessary under the circumstances.
(5) A conservator, in discharging the responsibilities conferred by court order and this division, shall implement the principles described in Section 26-2A-136(a) to the extent possible.
(b) If the estate is ample to provide for the purposes implicit in the distributions authorized by the preceding subsections, a conservator for a protected person other than a minor has power to make gifts to charity and other objects as the protected person might have been expected to make, in amounts that do not exceed in total for any year 20 percent of the income from the estate.
(c) When a minor who has not been adjudged disabled under Section 26-2A-130(c) attains majority, the conservator, after meeting all claims and expenses of administration, shall pay over and distribute all funds and properties to the formerly protected person as soon as possible.
(d) If satisfied that a protected person’s disability, other than minority, has ceased, the conservator, after meeting all claims and expenses of administration, shall pay over and distribute all funds and properties to the formerly protected person as soon as possible and petition the court for a termination of the conservatorship in accordance with Section 26-2A-158.
(e) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased protected person which may have come into the conservator’s possession, inform the executor or beneficiary named therein of the delivery, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto. If, 40 days after the death of the protected person, no other person has been appointed personal representative and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative in order to be able to proceed to administer and distribute the decedent’s estate. Upon application for an order granting the powers of a personal representative to a conservator, after notice to any person nominated personal representative by any will of which the applicant is aware, the court may grant the application upon determining that there is no objection and endorse the letters of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. The making and entry of an order under this section has the effect of an order of appointment of a personal representative, but the estate in the name of the conservator, after administration, may be distributed to the decedent’s successors without prior re-transfer to the conservator as personal representative.
(Acts 1987, No. 87-590, p. 975, §2-324.)
Subject to the restrictions in Section 26-2A-136(c), a court having equity jurisdiction may confer on a conservator at the time of appointment or later, in addition to the powers conferred by Sections 26-2A-152 and 26-2A-153, any power that the court itself could exercise under Sections 26-2A-136(b)(2) and 26-2A-136(b)(3). The court, at the time of appointment or later, may limit the powers of a conservator otherwise conferred by Sections 26-2A-152 and 26-2A-153 or previously conferred by the court and may at any time remove or modify any limitation. If the court limits any power conferred on the conservator by Section 26-2A-152 or Section 26-2A-153, or specifies, as provided in Section 26-2A-148(a), that title to some but not all assets of the protected person vests in the conservator, the limitation or specification of assets subject to the conservatorship must be endorsed upon the letters of appointment.
(Acts 1987, No. 87-590, p. 975, §2-325.)
In (i) investing the estate, (ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section 26-2A-153, and (iii) utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall take into account any estate plan of the protected person known to them, including a will, any revocable trust of which the person is settlor, and any contract, transfer, or joint ownership arrangement originated by the protected person with provisions for payment or transfer of benefits or interests at the person’s death to another or others. The conservator may examine the will of the protected person.
(Acts 1987, No. 87-590, p. 975, §2-326.)
(a) A conservator may pay or secure from the estate claims against the estate or against the protected person arising before or after the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (d). A claim may be presented by either of the following methods:
(1) The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and mailing address of the claimant, and the amount claimed; or
(2) The claimant may file a written statement of the claim, in the form prescribed by rules of the court, with the clerk of court and deliver or mail a copy of the statement to the conservator.
(b) A claim is deemed presented on the first to occur of receipt of the written statement of claim by the conservator or the filing of the claim with the court. A presented claim is presumed to be disallowed if receipt of the claim is not acknowledged by written statement mailed by the conservator to the claimant within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until 30 days after its disallowance. A creditor whose debt is secured by a lien on certain property is not required to file a claim under this subsection in order to preserve the creditor’s priority to the extent of the security, but the creditor must file a claim under this subsection in order to acquire a priority for the debt to the extent it exceeds the value of the security.
(c) A claimant whose claim has not been paid may petition a court of general jurisdiction for determination of the claim at any time before it is barred by the applicable statute of limitation and, upon due proof, procure an order for its allowance, payment, or security from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party shall give notice of the proceeding to the conservator if the proceeding could result in creating a claim against the estate.
(d) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, the conservator shall distribute the estate in money or in kind in payment of unsecured claims in the following order:
(1) Costs and expenses of administration;
(2) Claims of the federal or state government having priority under other laws;
(3) Claims incurred by the conservator for care, maintenance, and education, previously provided to the protected person or the protected person’s dependents;
(4) Claims arising prior to the conservatorship;
(5) All other claims.
(e) No preference may be given in the payment of any claim over any other claim of the same class, and a claim due and payable is not entitled to a preference over claims not due; but if it appears that the assets of the conservatorship are adequate to meet all existing claims, the court, acting in the best interest of the protected person, may order the conservator to give a mortgage or other security on the conservatorship estate to secure payment at some future date of any or all claims in class 5.
(Acts 1987, No. 87-590, p. 975, §2-327.)
(a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract.
(b) The conservator is personally liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if personally at fault.
(c) Claims based on (i) contracts entered into by a conservator in fiduciary capacity, (ii) obligations arising from ownership or control of the estate, or (iii) torts committed in the course of administration of the estate, may be asserted against the estate by proceeding against the conservator in fiduciary capacity, whether or not the conservator is personally liable therefor.
(d) Any question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.
(Acts 1987, No. 87-590, p. 975, §2-328.)
(a) The protected person, conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. If the conservator has accounted to the formerly protected person, no accounting is necessary. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, shall terminate the conservatorship. Upon termination, title to assets of the estate passes to the formerly protected person or to successors. The order of termination must provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer.
(b) A conservator appointed by any court of this state, on termination or removal of the protected person’s minority or disability, may present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between the conservator and the protected person. If the consent settlement is agreed to by the protected person in a written instrument signed by the protected person and acknowledged as conveyances of real estate are acknowledged, the court may approve the settlement without notice. The agreement of the protected person may be expressed by joining in the petition with the conservator or by a separate written instrument. Any final settlement so approved by the court shall have the same force and effect as settlements made in compliance with subsection (a).
(Acts 1987, No. 87-590, p. 975, §2-329.)
(a) Any person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver it to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person upon being presented with proof of appointment and an affidavit made by or on behalf of the fiduciary stating:
(1) That no protective proceeding relating to the protected person is pending in this state; and
(2) That the foreign fiduciary is entitled to payment or to receive delivery.
(b) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.
(Acts 1987, No. 87-590, p. 975, §2-330.)
If a conservator has not been appointed in this state and no petition in a protective proceeding is pending in this state, a conservator appointed in the state in which the protected person resides may file in a court of this state in a [county] in which property belonging to the protected person is located, authenticated copies of letters of appointment and of any bond. Thereafter, the domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator appointed in this state and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.
(Acts 1987, No. 87-590, p. 975, §2-331.)
This chapter may be cited as the Alabama Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
(Act 2010-500, p. 782, §1.)
In this chapter, the following terms shall have the following meanings:
(1) ADULT. An individual who has attained 19 years of age or who by statute has otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of another state.
(2) CONSERVATOR. A person appointed by the court to administer the property of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.
(3) COURT. A probate court of this state and includes an appropriate court of another state.
(4) GUARDIAN. A person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship and Protective Proceedings Act.
(5) GUARDIANSHIP. An order appointing a guardian.
(6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment of a guardian is sought or has been issued.
(7) INCAPACITATED PERSON. An adult for whom a guardian has been appointed.
(8) PARTY. The respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.
(9) PERSON. Except as used in the term incapacitated person or protected person, an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) PROTECTED PERSON. An adult for whom a protective order has been issued.
(11) PROTECTIVE ORDER. An order appointing a conservator or other order related to management of an adult’s property.
(12) PROTECTIVE PROCEEDING. A judicial proceeding in which a protective order is sought or has been issued.
(13) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(14) RESPONDENT. An adult for whom a protective order or the appointment of a guardian is sought.
(15) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(Act 2010-500, p. 782, §1.)
(a) A court of this state, by written order, may treat a foreign country as if it were a state of the United States for the purpose of applying this article and Articles 2, 3, and 5.
(b) Except as otherwise provided in subsection (c), a guardianship or conservatorship determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter shall be recognized and enforced under Article 3.
(c) A court of this state need not apply this chapter if the guardianship or conservatorship law of a foreign country violates fundamental principles of human rights.
(Act 2010-500, p. 782, §1.)
(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication.
(b) If the parties are not allowed to participate in the communication, the court shall give all parties the opportunity to present facts and legal arguments before the court issues an order establishing jurisdiction.
(c) Except as otherwise provided in subsection (d), the court shall make a record of any communication under this section and promptly inform the parties of the communication and grant them access to the record.
(d) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
(Act 2010-500, p. 782, §1.)
(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing.
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state.
(3) Order that an evaluation or assessment be made of the respondent.
(4) Order any appropriate investigation of a person involved in a proceeding.
(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) or any other proceeding, any evidence otherwise produced under paragraph (2), and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4).
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person.
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
(Act 2010-500, p. 782, §1.)
(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence solely on an objection based on the means of transmission.
(Act 2010-500, p. 782, §1.)
(a) In this article, the following terms shall have the following meanings:
(1) EMERGENCY. A circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf.
(2) HOME STATE. The state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition.
(3) SIGNIFICANT-CONNECTION STATE. A state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under Section 26-2B-203 and subsection (e) of Section 26-2B-301 whether a respondent has a significant connection with a particular state, the court shall consider:
(1) the location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;
(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) the location of the respondent’s property; and
(4) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationship, and receipt of services.
(Act 2010-500, p. 782, §1.)
This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.
(Act 2010-500, p. 782, §1.)
(a) A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) this state is the respondent’s home state;
(2) on the date the petition is filed, this state is a significant-connection state and:
(A) the respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state and before the court makes the appointment or issues the order:
(i) a petition for an appointment or order is not filed in the respondent’s home state;
(ii) an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in Section 26-2B-206;
(3) this state does not have jurisdiction under either paragraph (1) or (2), the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the Constitutions of this state and the United States; or
(4) the requirements for special jurisdiction under Section 26-2B-204 are met.
(b) When the jurisdiction of a court of this state is contested under this article, such guardianship or protective proceeding may be removed to circuit court by the court’s own motion or in accordance with Section 26-2-2.
(c) Nothing in this section is intended to limit the jurisdiction of those Alabama probate courts which have been granted equity jurisdiction.
(d) Nothing in this section shall be construed as extending the provisions of this chapter to proceedings brought pursuant to Sections 30-5-1, et seq., the Protection from Abuse Act or Sections 38-9-1, et seq., the Adult Protective Services Act.
(Act 2010-500, p. 782, §1.)
(a) A court of this state lacking jurisdiction under Section 26-2B-203 has special jurisdiction to do any of the following:
(1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;
(2) issue a protective order with respect to real or tangible personal property located in this state;
(3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 26-2B-301.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
(c) The court may entertain successive petitions based upon its special jurisdiction under this section provided that the court receives no request for dismissal from the court of the respondent’s home state and the court determines that the need for guardianship or conservatorship or both under this section continues.
(Act 2010-500, p. 782, §1.)
Except as otherwise provided in Section 26-2B-204, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
(Act 2010-500, p. 782, §1.)
(a) A court of this state having jurisdiction under Section 26-2B-203 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) any expressed preference of the respondent;
(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) the length of time the respondent was physically present in or was a legal resident of this or another state;
(4) the distance of the respondent from the court in each state;
(5) the financial circumstances of the respondent’s estate;
(6) the nature and location of the evidence;
(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) the familiarity of the court of each state with the facts and issues in the proceeding; and
(9) if an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.
(Act 2010-500, p. 782, §1.)
(a)If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) continue to exercise jurisdiction after considering:
(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;
(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Section 26-2B-206; and
(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 26-2B-203.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney’s fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.
(Act 2010-500, p. 782, §1.)
If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state, if any. The notice must be given in the same manner as notice is required to be given in this state, pursuant to Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act.
(Act 2010-500, p. 782, §1.)
Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 26-2B-204, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under Section 26-2B-203, it may proceed with the case unless a court in another state issues an order establishing jurisdiction under provisions similar to Section 26-2B-203 before the appointment or issuance of an order by the court in this state.
(2) If the court in this state does not have jurisdiction under Section 26-2B-203, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
(Act 2010-500, p. 782, §1.)
(a) Except as otherwise provided in this section, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the respondent’s present address or whereabouts and the places and addresses where the respondent has lived during the last five years. The pleading or affidavit must state whether the party:
(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the guardianship or conservatorship of the respondent and, if so, identify the court, the case number, and the date of the guardianship or conservatorship determination, if any;
(2) Knows of any proceeding that could affect the current proceeding, including, but not limited to, proceedings for the establishment, modification, termination, or enforcement of a protective order, and, if so, identify the court, the case number, and the nature of the proceeding;
(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the respondent, and, if so, the names and addresses of any such person; and
(4) Knows the names and addresses of any person not a party to the proceeding who holds an appointment or alternate appointment as legal agent of the respondent and, if so, the names and addresses of any such person.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
(c) If the declaration as to any of the items described in paragraphs (1) through (4) of subsection (a) is in the affirmative, the declarant shall give additional information under oath as may be required by the court. The court may examine the parties and other persons under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or incapacitated person would be jeopardized by disclosure of the present address or whereabouts of a party or incapacitated person, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or incapacitated person and determines that the disclosure is in the interest of justice.
(Act 2010-500, p. 782, §1.)
(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator pursuant to Section 26-2A-103 as required by Section 26-2A-50 of the Alabama Uniform Guardianship and Protective Proceedings Act.
(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue a provisional order granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection (b) of Section 26-2B-201;
(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) adequate arrangements will be made for management of the protected person’s property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 26-2B-302; and
(2) the documents required to terminate a guardianship or conservatorship in this state.
(g) The court may appoint a guardian ad litem to represent the best interests of the incapacitated or protected person in any proceeding initiated by petition under subsection (a) and may require prepayment of guardian ad litem fees.
(Act 2010-500, p. 782, §1.)
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 26-2B-301, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include the following:
(1) a certified copy of the other state’s provisional order of transfer;
(2) an inventory of the protected person’s estate as of the date of the petition including certified records of all bank accounts in the protected person’s estate as of the date of the petition;
(3) proof of the conservator’s bond; and
(4) any final accounting of the protected person’s estate which has been submitted in the prior jurisdiction. If no such accounting was required by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.
(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a).
(d) The court shall issue a provisional order granting a petition filed under subsection (a) unless:
(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person;
(2) the guardian or conservator is ineligible for appointment in this state; or
(3) the petitioner fails to comply with the provisions of subsection (a).
(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 26-2B-301 transferring the proceeding to this state and upon compliance with Section 26-2A-139.
(f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state. Such modification may include, among other things, an inventory or an accounting pursuant to Sections 26-2A-146 and 26-2A-147.
(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Chapter 2A of this title, if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
(Act 2010-500, p. 782, §1.)
If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may record the guardianship order in this state by recording as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
(Act 2010-500, p. 782, §1.)
If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to record, may record the protective order in this state by recording as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
(Act 2010-500, p. 782, §1.)
(a) Upon the recording of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers provided in Section 26-2A-160.
(b) A court of this state may grant any relief available under this chapter and other law of this state to enforce a recorded order.
(Act 2010-500, p. 782, §1.)
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2010-500, p. 782, §1.)
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2010-500, p. 782, §1.)
Nothing in this chapter shall be construed as repealing any portion of Chapter 2A of this title, the Alabama Uniform Guardianship and Protective Proceedings Act, unless specifically addressed.
(Act 2010-500, p. 782, §1.)
Before the issue of letters of conservatorship, other than letters to the general conservator or to the sheriff, the judge of probate must require the conservator appointed to enter into bond with sufficient sureties, payable to the judge of probate, in a penalty prescribed by him.
(Code 1886, §§2378, 2406; Code 1896, §2272; Code 1907, §4362; Code 1923, §8135; Code 1940, T. 21, §27; Acts 1987, No. 87-590, p. 975, §2-333(b).)
A testator may by his or her last will relieve the conservator of his or her appointment for a minor child or children from giving bond and sureties for the faithful performance of his or her duties as conservator, but the authority of such conservator shall not extend to any other property or estate of such minor child or children than such as is derived by gift, devise, descent, or distribution from the testator, unless he or she gives bond, with sufficient sureties, as is required of other conservators.
(Code 1852, §2018; Code 1867, §2417; Code 1876, §2762; Code 1886, §2379; Code 1896, §2274; Code 1907, §4364; Code 1923, §8137; Code 1940, T. 21, §29; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Before the issue of letters of conservatorship to a testamentary conservator relieved from giving bond and sureties or at any time thereafter, if the judge of probate deems it necessary for the safety of such minor child or children, he or she may require of such conservator bond with sufficient sureties, or, on the application of such minor child or children by next friend and for good cause shown, he or she may require of such conservator bond with sufficient sureties. In either case, if such conservator fails for 10 days after the requisition of such bond to give the same, the judge of probate must withhold from his or her letters of conservatorship or, if letters have issued, must remove him or her and recall and revoke such letters.
(Code 1852, §2018; Code 1867, §2417; Code 1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923, §8138; Code 1940, T. 21, §30; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The general conservator of the county must give bond, with at least two good and sufficient sureties, in a penalty to be prescribed by the judge of probate and payable to him or her, with condition to faithfully perform all the duties which are or may be required of him or her by law during the time he or she acts as such conservator.
(Code 1867, §2424; Code 1876, §2766; Code 1886, §2381; Code 1896, §2276; Code 1907, §4366; Code 1923, §8139; Code 1940, T. 21, §31; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The judge of probate shall have authority and it shall be his or her duty, whenever he or she deems it necessary for the safety of the ward, to require the conservator to give a new or additional bond. If, on notice of such requisition, such conservator fails for 10 days to give such new or additional bond, the judge is authorized to remove him or her and revoke his or her letters.
(Code 1852, §2019; Code 1867, §2418; Code 1876, §764; Code 1886, §§2384, 2408; Code 1896, §2278; Code 1907, §4368; Code 1923, §8141; Code 1940, T. 21, §33; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Upon the application in writing of any surety or sureties upon the bond of a conservator requesting to be discharged from future liability as such surety or sureties or upon the application in writing of the personal representative or of an heir or devisee of a deceased surety upon such bond requesting that the estate of such deceased surety be discharged from future liability by reason of such suretyship, it shall be the duty of the court to give such conservator notice of such application and to require him or her, within 15 days after the service of the notice, to make a new bond. Upon the failure to make such bond, such conservator shall be removed and his or her letters revoked and upon such removal he or she shall make settlement of his or her conservatorship. Any number of persons having the right to make application under this section may join in the application.
(Code 1852, §2019; Code 1867, §2418; Code 1876, §2764; Code 1886, §§2385, 2409; Code 1896, §2279; Code 1907, §4369; Code 1923, §8142; Code 1940, T. 21, §34; Acts 1987, No. 87-590, p. 975, §2-333(b).)
When a new bond is given under Section 26-3-8, the surety on whose application or the estate of the deceased surety on whose behalf the application was made, as the case may be, is discharged as to all breaches subsequent to the execution and approval of the new bond.
(Code 1896, §2280; Code 1907, §4370; Code 1923, §8143; Code 1940, T. 21, §35.)
The bond of the general conservator of the county or of the conservator of a minor or of an incapacitated person is valid and operative as a statutory bond and is of the same obligation, force, and effect as a statutory bond, though it may not be approved or in the penalty or payable or with the condition required by law.
(Code 1886, §2387; Code 1896, §2281; Code 1907, §4371; Code 1923, §8144; Code 1940, T. 21, §36; Acts 1987, No. 87-590, p. 975, §2-333(b).)
A surety on the bond of the general conservator of the county or on the bond of the conservator of a minor or an incapacitated person cannot avoid liability thereon on the ground that he or she signed or delivered it on condition that it should not be delivered to the judge of probate or should not become perfect unless it was executed by some other person who does not execute it.
(Code 1886, §2388; Code 1896, §2282; Code 1907, §4372; Code 1923, §8145; Code 1940, T. 21, §37; Acts 1987, No. 87-590, p. 975, §2-333(b).)
All bonds given by conservators must be approved by the judge of probate issuing the letters of conservatorship and must be filed and recorded in his or her office.
(Code 1852, §2020; Code 1867, §2419; Code 1876, §2763; Code 1886, §2386; Code 1896, §2284; Code 1907, §4374; Code 1923, §8147; Code 1940, T. 21, §39; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The judge of probate and the sureties on his or her official bond are liable to any person injured for any wanton, fraudulent, or intentional misconduct of the judge in not taking from a conservator a good and sufficient bond or for taking thereon insufficient surety or for wanton, fraudulent, or intentional misconduct in not requiring the execution of a new or additional bond in the cases in which such bond is required by law, if he or she knows or has good cause to believe that the case exists in which such new or additional bond should be required.
(Code 1886, §2389; Code 1896, §2283; Code 1907, §4373; Code 1923, §8146; Code 1940, T. 21, §38; Acts 1987, No. 87-590, p. 975, §2-333(b); Act 2017-174, §1.)
Upon the filing of any partial settlement by the conservator of a minor or an incapacitated person in the court in which such estate is pending, such conservator may pray for a reduction in the amount of his or her bond as such conservator. Thereupon, the court must set a day for the hearing of such partial settlement and must cause notices to be issued to all parties in interest as is now provided by law for final settlements of such estates and, on the day set for hearing, the court may fix the amount to which the bond shall be reduced, which shall be determined as now provided by law for such bonds.
(Acts 1939, No. 560, p. 883; Code 1940, T. 21, §40; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court of probate from which the appointment of a conservator is derived has jurisdiction of the settlement, partial or final, of the accounts of the conservator.
(Code 1886, §2453; Code 1896, §2338; Code 1907, §4428; Code 1923, §8201; Code 1940, T. 21, §128; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If not otherwise directed, the conservator must, at least once in three years, file in the court of probate an account of his or her guardianship, accompanied with the vouchers showing his or her receipts and disbursements, which must be verified by affidavit. Upon the filing of such account and vouchers the court must appoint a guardian ad litem to represent the ward.
(Code 1852, §2022; Code 1867, §2421; Code 1876, §2771; Code 1886, §2454; Code 1896, §2339; Code 1907, §4429; Code 1923, §8202; Code 1940, T. 21, §129; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court must also appoint a day for the settlement, of which notice must be given, as the court may direct, either by advertisement for three successive weeks in a newspaper published in the county or for the same length of time by posting notice at the courthouse door and at three other public places in the county.
(Code 1886, §2455; Code 1896, §2340; Code 1907, §4430; Code 1923, §8203; Code 1940, T. 21, §130.)
On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence in support of all such vouchers or items of the account as may be contested or as may not on examination appear to the court to be just and proper, such evidence to be taken by affidavit or by any other legal mode. If any voucher or item be rejected, all costs accruing on the contest or examination thereof must be taxed against the conservator personally.
(Code 1886, §2456; Code 1896, §2341; Code 1907, §4431; Code 1923, §8204; Code 1940, T. 21, §131; Acts 1987, No. 87-590, p. 975, §2-333(b).)
After the examination of the vouchers, and the audit and statement of the account, the court must render a decree passing the same and declaring the amount of the charge against the conservator and of the credits allowed, which must be entered of record. The account and vouchers must be recorded.
(Code 1886, §2457; Code 1896, §2342; Code 1907, §4432; Code 1923, §8205; Code 1940, T. 21, §132; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Upon the final settlement, a partial settlement must be taken and presumed as correct, but any item of the account may be reexamined and, if, on reexamination, it is found incorrect, the item must be disallowed or allowed only so far as its correctness may appear.
(Code 1886, §2458; Code 1896, §2343; Code 1907, §4433; Code 1923, §8206; Code 1940, T. 21, §133.)
On the death, resignation, or removal of the conservator or on the expiration of his or her authority otherwise or on the arrival of the ward at full age or on termination of the ward’s incapacity or on his or her death or on the marriage of the ward, if 18 years of age or older or upon the ward becoming 18 years of age after marriage or after becoming a widow or widower, a final settlement of the conservatorship must be made, such settlement in the event of the death of the conservator to be made by his or her personal representative.
(Code 1886, §2459; Code 1896, §2344; Code 1907, §4434; Code 1923, §8207; Code 1940, T. 21, §134; Acts 1951, No. 31, p. 241; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The conservator, or his or her personal representative, must file in the court of probate a full account of the conservatorship, accompanied by the vouchers and verified by affidavit. Upon the filing of such account and vouchers, the court must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise incapacitated.
(Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208; Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court must appoint a day for the settlement, of which 10 days’ notice must be given to the succeeding conservator, if there is such conservator, or to the personal representative of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state and has arrived at full age or has been relieved of the disability of nonage or incapacity has terminated, and to all sureties on the bond of such conservator, by the service of process, and notice must also be given, as the court may direct, either by advertisement for three successive weeks in some newspaper published in the county or for the same length of time by posting notice at the courthouse door and at three other public places in the county.
(Code 1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704, p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)
On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence in support of all such vouchers or items of the account as may be contested or as may not on examination appear to the court to be just and proper, such evidence to be taken by affidavit or in any other legal mode. If any voucher or item be rejected, all costs accruing on the contest or examination thereof must be taxed against the conservator or his or her personal representative and not against the ward or his or her estate.
(Code 1886, §2462; Code 1896, §2347; Code 1907, §4437; Code 1923, §8210; Code 1940, T. 21, §137; Acts 1987, No. 87-590, p. 975, §2-333(b).)
After the examination of the vouchers and the audit and statement of the account, the court must render a decree passing the same and declaring the amount due the ward, if there be any amount due him or her, which must be entered of record. The account and vouchers must be recorded.
(Code 1886, §2463; Code 1896, §2348; Code 1907, §4438; Code 1923, §8211; Code 1940, T. 21, §138.)
A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward’s incapacity or on removal of his or her ward’s disabilities of nonage by a court of competent jurisdiction or, if the ward is married and has attained the age of 18 years, or if the ward has died, present a verified petition to the court in which the conservatorship is pending, praying for a final consent settlement by and between him or her and his or her ward, or the ward’s personal representative, if the ward has died. If such consent settlement is agreed to by the ward, or the ward’s personal representative, if the ward has died, by a written instrument, signed by him or her and acknowledged as conveyances of real estate are acknowledged, the court may approve such settlement without notice or publication or posting. The agreement of the ward, or the ward’s personal representative, if the ward has died, may be expressed by joining in the petition with his or her conservator or by a separate written instrument.
Any final settlement, so approved by the court shall have the same force and effect as other settlements made in compliance with the requirements of this article.
(Acts 1951, No. 769, p. 1339; Acts 1984, 2nd Ex. Sess., No. 85-49, p. 72, Acts 1987, No. 87-590, p. 975, §2-333(b).)
Upon any annual, partial, or final settlement made by any conservator, the court having jurisdiction thereof may fix, determine, and allow the fees or other compensation to which such conservator is entitled from an estate up to the time of such settlement and may also fix, determine, and allow an attorney’s fee or compensation to be paid from such estate to attorneys representing such conservator for services rendered to the time of such settlement.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 21, §139; Acts 1987, No. 87-590, p. 975, §2-333(b).)
In the allowance of fees to conservators and their attorneys on final settlement the court shall take into consideration such fees as may have been allowed and paid to them prior to such final settlement, but such conservators shall be entitled to full credit for any fees allowed and paid on any annual or partial settlement after notice given as provided for in case of final settlements.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 21, §141; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that notice thereof be given in the same manner as required by law in cases of final settlements. Any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein and as to all fees and compensation fixed or allowed to such conservator and attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or other party having an interest in the estate for amendment or revision if it later appears that the account is incorrect either because of fraud or mistake.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 21, §140; Acts 1987, No. 87-590, p. 975, §2-333(b).)
A conservator is entitled for his or her services to reasonable compensation.
On final settlement, an allowance must be made of actual expenses necessarily incurred by him or her and, for special or extraordinary services rendered, such compensation must be allowed the conservator as is just, but no allowance of actual expenses or for special or extraordinary services must be made except upon an itemized account, verified by affidavit, of such expenses or of such special or extraordinary services, and in its decree the court must state each item for such services for which compensation is allowed. The conservator shall be allowed all reasonable premiums paid on his or her bond as conservator.
(Code 1886, §2465; Code 1896, §2350; Code 1907, §4440; Code 1923, §8213; Code 1940, T. 21, §143; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court of probate may, by attachment, compel a conservator to obey its orders or decrees, and all final decrees rendered against a conservator or against the personal representative of the conservator on a final settlement have the force and effect of a judgement at law, on which execution may issue against the conservator or his or her personal representative and against the sureties of the conservator, whether the principal has signed the bond or not, whether such settlement is voluntary or involuntary and whether such settlement is made by the conservator while living or by his or her personal representative after his or her death. Process of garnishment may issue from the court of probate upon such decrees in like cases and manner as it may issue on judgments in courts of record and may, in like manner, be prosecuted to judgment against the garnishee.
(Code 1886, §2464; Code 1896, §2349; Code 1907, §4439; Code 1923, §8212; Code 1940, T. 21, §142; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator to make partial settlement of his or her conservatorship. The conservator must have notice of such requirement 10 days before the day appointed for his or her appearance by service of process and may appear and show, if he or she can, that such settlement is not necessary.
(Code 1886, §2467; Code 1896, §2352; Code 1907, §4442; Code 1923, §8215; Code 1940, T. 21, §145; Acts 1987, No. 87-590, p. 975, §2-333(b).)
On the application of the ward by next friend or the sureties on the conservator’s bond, showing satisfactory cause, the court may issue process to the conservator, requiring him or her to appear and show cause why he or she should not make a partial settlement of his or her conservatorship, of which process there must be service 10 days before the day appointed for the appearance of the conservator. If, on the hearing, it should appear that there is no satisfactory cause for ordering such settlement, the application must be dismissed at the costs of the next friend or the sureties on the conservator’s bond, as the case may be.
(Code 1886, §2468; Code 1896, §2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If a conservator fails to make a partial settlement as often as such settlement is required of him or her, the court must issue process to him or her, requiring him or her to make such settlement, and all the costs thereof and of the process must be taxed against him or her personally and must not be charged against the ward or his or her estate, unless he or she appears in answer to the process and shows a satisfactory excuse for his or her failure and files his or her accounts and vouchers for such settlement.
(Code 1886, §2469; Code 1896, §2354; Code 1907, §4444; Code 1923, §8217; Code 1940, T. 21, §147; Acts 1987, No. 87-590, p. 975, §2-333(b).)
On the termination of a conservatorship by the arrival of the ward at full age by termination of the ward’s incapacity or on the expiration of his or her authority otherwise, the court of probate may issue process requiring the conservator to appear at any time within 10 days after the service thereof, on a day named therein, and file his or her accounts and vouchers for a final settlement. If the conservator resides without the state, the court of probate may appoint a day for him or her to appear and file his or her accounts and vouchers for a final settlement.
(Code 1886, §2470; Code 1896, §2355; Code 1907, §4445; Code 1923, §8218; Code 1940, T. 21, §148; Acts 1987, No. 87-590, p. 975, §2-333(b).)
On the death of a conservator, at any time after the expiration of six months from the qualification of his or her personal representative, such representative may be required, on 10 days’ notice, such notice to be given by the service of process, to appear and make settlement of the conservatorship of his or her testator or intestate.
(Code 1886, §2471; Code 1896, §2356; Code 1907, §4446; Code 1923, §8219; Code 1940, T. 21, §149; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If a conservator fails to obey any process requiring him or her to appear and file his or her accounts and vouchers for a final or partial settlement, the court of probate may, by attachment, compel his or her appearance and may, if on appearance he or she refuses to file such accounts and vouchers or to show good cause for his or her omission, imprison him or her for a period not exceeding six months.
(Code 1886, §2472; Code 1896, §2357; Code 1907, §4447; Code 1923, §8220; Code 1940, T. 21, §150; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If a conservator, after notice, fails to file his or her accounts and vouchers for a final or partial settlement or if the personal representative of a conservator, after notice, fails to file the accounts and vouchers of his or her testator or intestate for final settlement, the court of probate has authority to state an account against the conservator or against his or her personal representative from the materials on file or of record in the court and from such evidence as may be adduced, charging such conservator with all wherewith he or she is by law chargeable and crediting him or her with all wherewith by law he or she ought to be credited.
(Code 1886, §2473; Code 1896, §2358; Code 1907, §4448; Code 1923, §8221; Code 1940, T. 21, §151; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If, on or before the day so appointed, the conservator, or the personal representative of the conservator, if the account is stated against such representative, appears and files his or her accounts and vouchers for settlement and pays such costs as have accrued under the proceedings, the court must set aside such proceedings and proceed to settlement in the manner prescribed by law on the accounts and vouchers so filed.
(Code 1886, §2475; Code 1896, §2360; Code 1907, §4450; Code 1923, §8223; Code 1940, T. 21, §153; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If such conservator or personal representative fails to appear and file his or her accounts and vouchers for settlement, any person having an interest may appear and contest such account and the court must hear and determine such contest and, whether such contest be made or not, must render a decree on such account which has the force and effect of a decree rendered on a voluntary settlement by such conservator or personal representative.
(Code 1886, §2476; Code 1896, §2361; Code 1907, §4451; Code 1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)
In case of the death of a conservator who has not made a final settlement of his or her conservatorship and when there shall have not been granted letters of administration or testamentary on his or her estate, the sureties on his or her official bond may proceed to make settlement of his or her administration of the estate as conservator in the probate court having jurisdiction thereof by filing an account and vouchers for final settlement with the succeeding conservator or cestui que trust or minors and guardian ad litem where minors are interested.
(Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Should a personal representative of such deceased conservator be appointed at any time before final decree, any party to the proceeding may on motion have such personal representative of such deceased conservator made a party to such settlement on 10 days’ notice.
(Code 1923, §5936; Code 1940, T. 21, §156; Acts 1987, No. 87-590, p. 975, §2-333(b).)
In any case where a conservator shall die without having made a final settlement of his or her conservatorship and a successor is appointed, such succeeding conservator or ward or the cestui que trust may by petition to the court in which such estate is pending have an order requiring the sureties on such bond to make settlement of such estate in the court after 10 days’ notice of the day fixed by the judge thereof.
(Code 1923, §5937; Code 1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)
In all such cases provided for in Section 26-5-52, the settlement therein provided for shall be final and conclusive against such sureties, save the right of review by appeal or otherwise as now provided by law.
(Code 1923, §5938; Code 1940, T. 21, §158.)
Execution and all other final process may issue against the sureties on the bond to enforce the judgments.
(Code 1923, §5939; Code 1940, T. 21, §159.)
The provisions of this chapter are applicable to minors and to incapacitated persons.
(Acts 1977, No. 20, p. 28; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court of probate or circuit court from which letters of guardianship or conservatorship have issued has authority to order the removal to another county of the person and property of a minor or ward if it is shown that such removal will advance the interests of the minor or ward.
(Code 1842, §2035; Code 1867, §2445; Code 1876, §2802; Code 1886, §2483; Code 1896, §2368; Code 1907, §4458; Code 1923, §8231; Code 1940, T. 21, §103; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which show that the removal will advance the interests of the minor or ward. If application is made by the minor or ward by next friend, a day must be appointed for the hearing, 10 days’ notice of which must be given the guardian or conservator by the service of process. If application is made by the guardian or conservator, a day, not less than 10 days after the filing of the application, must be appointed for the hearing and a guardian ad litem appointed to represent the minor or ward, who must put in issue the facts stated in the application and require proof thereof.
(Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802; Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code 1923, §8232; Code 1940, T. 21, §104; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If, on the hearing, the court is satisfied that the removal will advance the interests of the minor or ward, an order authorizing it shall be made and entered; otherwise, the application shall be dismissed and the guardian or conservator or the next friend, as the application may be made by the one or the other, must be taxed with the costs.
(Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2485; Code 1896, §2370; Code 1907, §4460; Code 1923, §8233; Code 1940, T. 21, §105; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If the removal authorized is of the person and property of the minor or ward, a transcript of the record of the proceedings must be made and certified and filed in the court of probate of the county to which the removal is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship or conservatorship of the person or conservatorship of property of the minor or ward, and on such grant being made and a transcript thereof, duly certified, being filed in the court of probate authorizing the removal, such removal may be made. The conservator so appointed has full authority to demand, recover, and receive the property of the minor or ward from and after the making of the removal.
(Code 1886, §2486; Code 1896, §2371; Code 1907, §4461; Code 1923, §8234; Code 1940, T. 21, §106; Acts 1987, No. 87-590, p. 975, §2-333(b).)
On the filing of such transcript, the court must require the conservator of its appointment to make a final settlement of his or her conservatorship; and when such settlement is made, the court must certify a transcript thereof to the court of probate of the county to which the removal was authorized.
(Code 1886, §2487; Code 1896, §2372; Code 1907, §4462; Code 1923, §8235; Code 1940, T. 21, §107; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If the removal authorized is of the property only of the minor or ward, the jurisdiction of the court authorizing the removal is not affected, and it must retain jurisdiction of the guardianship as if such removal had not been authorized.
(Code 1886, §2488; Code 1896, §2373; Code 1907, §4463; Code 1923, §8236; Code 1940, T. 21, §108.)
When the parent, guardian, or other person having legal custody of a minor child or incapacitated person resides without the state or removed with such child from the state, becoming a resident of another state, the court of probate or the circuit court, having jurisdiction of the estate of the minor or ward has authority to order the removal of the property of the minor or ward to a conservator in the state of the residence of the parent, guardian, or other person having legal custody of the minor or ward.
(Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907, §4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The application for the order of removal must be made in writing, signed by the parent, guardian, or other person having legal custody of the minor or ward, verified by affidavit and accompanied by a transcript, duly certified, of the appointment of a conservator for such minor or ward by a court of competent jurisdiction in the state of the residence of the parent, guardian, or other person having legal custody of the minor and of the bond of such conservator with sureties approved by such court; provided, that if the conservator so appointed is a corporate fiduciary which, under the laws of the state wherein appointed, is not required to make bond, a certificate from the appointing authority stating this may be filed in lieu of a copy of the conservator’s bond.
(Code 1886, §2490; Code 1896, §2375; Code 1907, §4465; Code 1923, §8238; Code 1940, T. 21, §110; Acts 1949, No. 140, p. 166; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court, if satisfied of the truth of the application and that the transcript of the appointment of the conservator in the state of the residence of the parent or conservator is in due form and properly certified and that the court making the appointment has jurisdiction, must make an order authorizing the removal of the property of the minor or ward and authorizing such conservator to receive the same.
(Code 1886, §2491; Code 1896, §2376; Code 1907, §4466; Code 1923, §8239; Code 1940, T. 21, §111; Acts 1987, No. 87-590, p. 975, §2-333(b).)
If such minor or ward has a conservator in this state appointed by the court or subject to the jurisdiction of the court, an order must be made and entered requiring such conservator to make a final settlement of this conservatorship.
(Code 1876, §2801; Code 1886, §2492; Code 1896, §2377; Code 1907, §4467; Code 1923, §8240; Code 1940, T. 21, §112; Acts 1987, No. 87-590, p. 975, §2-333(b).)
When the conservator and the minor or ward are both nonresidents and the minor or ward is entitled to any property in this state or is or will be entitled to any money from any estate, the administration of which is pending in this state, whether such estate shall or shall not have been finally settled, and the money or property may be removed to another state without conflict with any restriction or limitation thereupon and without impairing the right of the minor or ward thereto, such money and property may be received and removed to the state of the residence of the minor or ward upon application of the conservator to the judge of probate of the county in which the property of the minor or ward or the principal part thereof may be or in which such administration may be pending in the manner following.
(Code 1852, §2032; Code 1867, §2442; Code 1876, §2797; Code 1886, §2494; Code 1896, §2378; Code 1907, §4468; Code 1923, §8241; Code 1940, T. 21, §113; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full settlement with the judge of the probate court where his or her letters were granted of his or her conservator accounts and by procuring a transcript of the record of a court of competent jurisdiction of such other state, certified according to the act of Congress, showing the appointment of such person as guardian or conservator of the minor or ward, the execution of bond by the conservator with surety for the performance of the trust. Thereupon, the judge of probate must make an order authorizing such removal.
(Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469; Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The conservator must produce a transcript from the records of a court of competent jurisdiction, certified according to the act of Congress, showing that he or she has been appointed conservator of the minor or ward in the state in which he or she and the minor or ward reside and has duly qualified as such according to the laws thereof and given bond, with surety, for the performance of his or her trust; and must also give 10 days’ notice to the resident executor, administrator, or conservator, if there is such, of the intended application. Thereupon, if good cause is not shown to the contrary and the judge of probate shall be satisfied, upon proof being made, that it will be for the interest of the minor or ward, such judge of probate shall make an order granting such conservator leave to remove the property of the minor or ward to the state or place of his or her residence, which shall be an authority to him or her to sue for and recover the same in his or her own name for the use of the minor or ward.
(Code 1852, §2033; Code 1867, §2443; Code 1876, §2798; Code 1886, §2495; Code 1896, §2380; Code 1907, §4470; Code 1923, §8243; Code 1940, T. 21, §115; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Such order is a discharge of the executor, administrator, or other person in whose possession such property may be at the time of the order made.
(Code 1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2496; Code 1896, §2381; Code 1907, §4471; Code 1923, §8244; Code 1940, T. 21, §116.)
When the property of a minor or incapacitated person is ordered to be removed from the state under any provision contained in this article, the court making the order may, on the application of the person by whom such order of removal was obtained, order a sale of any property, real or personal, of such minor or incapacitated person as may be necessary to effect such removal.
(Code 1896, §2382; Code 1907, §4472; Code 1923, §8245; Code 1940, T. 21, §117; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The application for such order of sale must be in writing, verified by affidavit, must describe the property sought to be sold and must state the facts showing that the interest of the minor or incapacitated person would be promoted by the proposed sale.
(Code 1896, §2383; Code 1907, §4473; Code 1923, §8246; Code 1940, T. 21, §118; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The court, in the order of sale, must appoint a suitable person commissioner to make the sale and, except as otherwise provided in this article, the authority and duty of such commissioner is the same as that of a conservator authorized to sell property of a minor or ward for reinvestment. If the commissioner so appointed fails to act or to complete the sale, another may be appointed at any time by an order of the court.
(Code 1896, §2384; Code 1907, §4474; Code 1923, §8247; Code 1940, T. 21, §119; Acts 1987, No. 87-590, p. 975, §2-333(b).)
The commissioner must, as soon as practicable after the receipt of the purchase money for the property sold by him or her, pay the same to the judge of probate or register or clerk, as the case may be, of the court ordering the sale, and such money must be retained and safely kept by such judge or register or clerk until the sale has been duly confirmed or vacated. If the sale is vacated, the purchase money must be, by such judge or register or clerk, returned to the purchaser. If the sale is confirmed, such money must be by such officer paid over to the foreign conservator entitled to receive the same, after deducting therefrom the costs and expenses attending the sale, including compensation to the commissioner in the amount of two and one-half percent upon the proceeds of such sale, but in no case more than $100.
(Code 1896, §2385; Code 1907, §4475; Code 1923, §8248; Code 1940, T. 21, §120; Acts 1987, No. 87-590, p. 975, §2-333(b).)
When a foreign conservator receives any money or property to be removed to another state under any of the provisions of this article, he or she shall execute and deliver to the person or officer from whom he or she receives such money or property receipts therefor, in duplicate, one of which must be by such person or officer duly forwarded by mail to the presiding officer of the court from which such conservator received his or her appointment.
(Code 1896, §2386; Code 1907, §4476; Code 1923, §8249; Code 1940, T. 21, §121; Acts 1987, No. 87-590, p. 975, §2-333(b).)
This chapter may be cited as the Uniform Veterans’ Guardianship Act.
(Acts 1931, No. 240, p. 280.)
When used in this chapter, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. A partnership, corporation, or an association.
(2) ADMINISTRATION. The United States Veterans’ Administration or its successor.
(3) ESTATE and INCOME. Such terms include only moneys received by the guardian from the Veterans’ Administration and all earnings, interest, and profits derived therefrom.
(4) BENEFITS. All moneys payable by the United States through the Veterans’ Administration.
(5) ADMINISTRATOR. The Administrator of Veterans’ Affairs of the United States Veterans’ Administration.
(6) WARD. A beneficiary of the administration.
(7) GUARDIAN. Any person acting as a fiduciary for a ward and includes a conservator appointed under Alabama Uniform Guardianship and Protective Proceedings Act.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §160; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Whenever, pursuant to any law of the United States or regulations of the administration, the administrator requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner provided in this chapter.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §161.)
Except as provided in this chapter, it shall be unlawful for any person to accept appointment as guardian of any ward if such proposed guardian shall at that time be acting as guardian for five wards. In any case, upon presentation of a petition by an attorney of the administration under this section alleging that a guardian is acting in a fiduciary capacity for more than five wards and requesting his or her discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such guardian and shall discharge such guardian in the case. The limitations of this section shall not apply where the guardian is a bank or trust company acting for the wards’ estates only. An individual may be guardian of more than five wards if they are all members of the same family.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §162.)
A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there is no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within 30 days after mailing of notice by the administration to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.
The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the administration and shall set forth the amount of moneys then due and the amount of probable future payments. The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.
In the case of a mentally incompetent ward, the petition shall show that such ward has been rated incompetent on examination by the administration in accordance with the laws and regulations governing the administration.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §163.)
Where a petition is filed for the appointment of a guardian of a minor ward, a certificate of the administrator or his representative setting forth the age of such minor as shown by the records of the administration and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the administration shall be prima facie evidence of the necessity for such appointment.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §164.)
Where a petition is filed for the appointment of a guardian of a mentally incompetent ward, a certificate of the administrator or his or her representative setting forth the fact that such person has been rated incompetent by the administration on examination in accordance with the laws and regulations governing such administration and that the appointment of a guardian is a condition precedent to the payment of any moneys due such persons by the administration shall be prima facie evidence of the necessity for such appointment.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §165.)
Upon the filing of a petition for the appointment of a guardian under the provisions of this chapter, the court shall cause such notice to be given as provided by law.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §166.)
Before making an appointment under the provisions of this chapter the court shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed.
Upon the appointment being made, the guardian shall execute and file a bond to be approved by the court in an amount not less than the sum then due and estimated to become payable during the ensuing year. The bond shall be in the form and be conditioned as required of a guardian appointed under the guardianship laws of this state and it shall be the duty of the court having jurisdiction of the cause, upon the application by any party in interest, to require the filing of an individual bond in accordance with the provisions of this section without regard to the provisions of any preexisting general or local statute or charter provision of any corporation exempting the fiduciary from the posting of an individual guardianship bond. The court shall have power from time to time to require the guardian to file an additional bond.
Where a bond is tendered by a guardian with personal sureties, such sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and that they are each worth the sum named in the bond as the penalty thereof over and above all their debts and liabilities and exclusive of property exempt from execution.
(Acts 1936-37, Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §167.)
(a) Every guardian shall invest the funds of the estate in one or more of the following forms in which the guardian has no interest and not otherwise:
(1) Interest-bearing obligations of the State of Alabama or of the United States or as to which the State of Alabama or the United States has guaranteed the payment of both principal and interest.
(2) Loans secured by direct first mortgage on improved real estate located within the State of Alabama. Such loans shall not exceed 50 percent of the actual value fixed by a competent appraiser or of the value for which such real estate, with improvements, was assessed for taxation for the last preceding tax year, whichever is the lower, except as provided in subdivision (3) of this section.
(3) Purchase of indebtedness secured by first real estate mortgages which have been accepted for insurance by the Secretary of Housing and Urban Development or his or her successor in office pursuant to Title II of the National Housing Act; provided, that only the entire indebtedness as a unit is purchased and before maturity.
(4) Purchase of a home or farm for the sole use of the ward or his or her dependents if the ward does not already own real estate suitable for a home, such real estate to be located in the State of Alabama and to be of area and location suitable to the station in life and prospects of the ward and his or her dependents. Title thereto must be conveyed to the ward, but the property must be managed by the guardian for the ward and the guardian must account for any rents and profits derived therefrom. Before investing funds of the ward in real estate, the guardian must require an abstract of title to be examined by a reputable attorney and secure from such attorney a certificate in writing showing title thereto to be clear and free from any incumbrance. The guardian, acting in good faith, shall not be individually responsible for any depreciation in value of land so purchased when such depreciation results from causes which cannot be prevented by the guardian.
(5) Deposit in the savings department of any banking institution in the state which bank is a member of the Federal Deposit Insurance Corporation; provided, that the total amount deposited in any such bank, with interest, must not at any time exceed the amount by which such funds so deposited are insured by the Federal Deposit Insurance Corporation. In the event the fiduciary is a banking institution, it may likewise deposit the funds in its own savings department, subject to the same regulations as other savings depositors therein and shall be liable for interest thereon, but only at the same rate as that paid other savings account depositors.
(b) No fiduciary shall make any loan of the funds of the ward for any period in excess of one calendar year from the date of such loan without prior written approval of the court of appointment, which written approval shall not be granted except upon the filing with the court of an application verified by the oath of the guardian setting forth the identity of the proposed borrower, the amount proposed to be loaned, the terms of repayment, the interest rate, a complete description of the real estate and improvements, a statement that the guardian has no interest therein, and the facts upon which the guardian deems it proper to negotiate a loan for a period longer than one year, which application must also be accompanied by a written appraisal of the proposed security by a competent, disinterested appraiser.
(Acts 1931, No. 240, p. 280; Acts 1936-37, Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §172.)
A guardian shall not apply any portion of the estate of his or her ward for the support and maintenance of any person other than his or her ward, except upon order of the court after a hearing, notice of which has been given the proper office of the administration in the manner provided in Section 26-9-14.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §173.)
Whenever a copy of any public record is required by the administration to be used in determining the eligibility of any person to participate in benefits made available by such administration, the official charged with the custody of such public record shall without charge provide the applicant for such benefits or any person acting on his or her behalf or the representative of such administration with a certified copy of such record.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §174.)
Whenever it appears that an incompetent veteran of any war, military occupation, or expedition is eligible for treatment in a United States veterans’ hospital and commitment to such hospital is necessary for the proper care and treatment of such veteran, the courts of this state are hereby authorized to communicate with the administration with reference to available facilities and eligibility and, upon receipt of a certificate from the administration stating that there are facilities available in a United States veterans’ hospital and that the veteran is entitled to hospitalization therein, the court may then direct such veteran’s commitment to such United States veterans’ hospital. Thereafter such veteran upon admission shall be subject to the rules and regulations of such hospital and the officials of such hospital shall be vested with the same powers now exercised by superintendents of state hospitals for mental diseases within this state with reference to the retention of custody of the veteran so committed. Notice of such pending proceedings shall be furnished the person so committed, and his or her right to appear and defend shall not be denied.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §175.)
Every guardian who shall receive on account of his or her ward any moneys from the administration shall file with the court annually on the anniversary date of the appointment, in addition to such other accounts as may be required by the court, a full, true, and accurate account under oath of all moneys so received by him or her and of all disbursements thereof, showing the balance thereof in his or her hands at the date of such account and how invested, including a complete descriptive itemization of all investments, and must submit to the court for its examination all securities and evidences of debt belonging to the ward, and the decree of the court passing the settlement must recite that all securities and evidences of debt due the ward have been presented to and examined by the court; provided, that in the absence of objection by any party in interest, the court may in its discretion and without formal proceedings extend from time to time the time for the filing of the accounts for annual or partial settlement, but no such continuance shall be granted so as to extend the time for filing such settlements to a period beyond three calendar years from the date of the appointment or the date of the last partial settlement, whichever is the later, and upon the termination of the guardianship from any cause a like account must be filed for final settlement.
A certified copy of each of such accounts filed with the court shall be sent by the guardian to the office of the administration having jurisdiction over the area in which such court is located. The court shall fix a time and place for the hearing on such account not less than 15 days nor more than 30 days from the date of filing same, and notice thereof shall be given by the court to the aforesaid administration office not less than 15 days prior to the date fixed for the hearing. Notice of such hearing shall in like manner be given to the guardian; provided, that notice as required in this section may be given by registered or certified mail, addressed to the principal office of the administration located in the State of Alabama as such address appears on record in the probate office.
(Acts 1936-37, Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §168.)
If any guardian shall fail to file any account of the moneys received by him or her from the administration on account of his or her ward within 30 days after such account is required by either the court or the administration or shall fail to furnish the administration a copy of his or her accounts as required by this chapter, such failure shall be grounds for removal.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §170.)
When a minor ward for whom a guardian has been appointed shall have attained his or her majority and has not been found incompetent and when any incompetent ward has been rated competent by the administration, a certificate of the administrator or his or her duly authorized representative to that effect shall be prima facie evidence that a guardian is no longer required and the court, upon the guardian filing a satisfactory final account, may discharge such guardian upon a petition filed for that purpose. Nothing contained in this section shall be construed to prevent a ward from filing a petition for the discharge of his or her guardian on the ground that the ward has attained majority or is competent or the court from acting on its own motion in such cases.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §176.)
Compensation payable to a guardian shall not exceed five percent of the income of the ward during any year. In the event of extraordinary services rendered by such guardian, the court may, upon petition and after hearing thereon, authorize additional compensation therefor payable from the estate of the ward. Notice of such petition and hearing shall be given the proper office of the administration in the manner provided in Section 26-9-14. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. The guardian may be allowed from the estate of his or her ward reasonable premiums paid by him or her to any corporate surety upon his or her bond.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §171.)
The costs and fees, exclusive of fees of the guardian ad litem incident to any partial or final settlement by any guardian subject to the provisions of this chapter, shall be taxed in the amounts provided by the general statutes for like services, but there shall not be taxed or charged against the estate of the ward, on any partial settlement, any amount in excess of one half of one percent of the amount of money with which the guardian is chargeable on the settlement as having received since the last preceding settlement and with which the guardian has not previously been charged; provided, that the limitations contained in this section as to costs and fees shall not affect the commissions and fees otherwise payable to the general guardian and to guardians ad litem.
(Acts 1936-37, Ex. Sess., No. 227, p. 270; Code 1940, T. 21, §169.)
(a) This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the administration.
(b) This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.
(Acts 1931, No. 240, p. 280.)
(a) The State Department of Human Resources shall charge and collect a fee in the amount of $300.00 for investigation services they perform in cases involving adoption, provided, however, that in those adoption proceedings in which an investigation is specifically not required by statute because the petitioner is a stepfather, stepmother, or closely related relative, no fee shall be charged for investigation services. This fee shall not apply to investigation services for cases in which a child was placed for adoption by the State Department of Human Resources, in cases in which a child was placed for adoption as a result of or pursuant to a court order in which parental rights in the child were terminated or in cases in which the investigative services were performed by a licensed child-placing agency.
The Department of Human Resources may waive this fee in the case of an indigent and for other good cause shown.
(b) All investigation services fees received pursuant to this section shall be received by the State Department of Human Resources and shall be deposited in the State Treasury to the credit of the State General Fund.
(Acts 1988, 1st Ex. Sess., No. 88-733, p. 136, §§1, 2; Acts 1990, No. 90-554, p. 912, §36.)
This article should be known and may be cited as the Alabama Subsidized Adoption Act.
(Acts 1979, No. 79-691, p. 1231, §8.)
The purpose of this article is to supplement the Alabama adoption statutes by making possible through public financial subsidy the most appropriate adoption of each child certified by the State Department of Human Resources as requiring a subsidy to assure adoption.
(Acts 1979, No. 79-691, p. 1231, §1.)
As used in this article, the following words shall have the following meanings unless the context indicates otherwise:
(1) ADOPTION SUBSIDY. A money payment, services, deferred payment, or any combination thereof that is provided to a child with special needs or circumstances after submission of an application to the department.
(2) AGENCY. The department or a child welfare agency which is authorized in its license issued by the department to place children for adoption.
(3) APPLICATION. The submission to the department of a complete application as defined by the department with documentation of the child’s special needs.
(4) CHILD. An individual under 19 years of age, or an individual 19 or 20 years of age and eligible for Title IV-E Federal Funding, who is:
a. in the care or custody, or both, of the department, or a public or voluntary licensed child-placing agency,
b. legally free for adoption and
c. in special need or circumstances because he or she is not likely to be adopted by reason of one or more, or a combination of, the following conditions, such as:
Physical or mental disability.
Emotional disturbance.
Recognized high risk of physical or mental disease.
Age as determined by the department.
Sibling relationship.
Racial or ethnic factors.
(5) DEPARTMENT. The Department of Human Resources.
(6) DEVELOPMENTAL DISABILITY. A developmental disability as diagnosed by a licensed medical doctor or qualified mental health professional.
(7) EMOTIONAL DISTURBANCE. An emotional condition which impedes the child’s ordinary developmental progress as diagnosed by a licensed medical doctor or qualified mental health professional.
(8) EMOTIONAL TIES. Includes all of the following:
a. Identification of the child as a member of the foster family.
b. Identification by the foster family of the child as belonging to that family.
c. The likelihood that the child will not establish significant emotional placement ties to another family if he or she is denied permanent placement with the foster family.
(9) HIGH RISK OF PHYSICAL OR MENTAL DISEASE. A potentially debilitating condition as diagnosed by a licensed medical doctor or qualified mental health professional.
(10) MENTAL DISABILITY. A condition which is characterized by impaired intellectual development and impedes the ability to function independently as diagnosed by a licensed medical doctor or qualified mental health professional.
(11) PHYSICAL DISABILITY. One of the following conditions:
a. A chronically debilitating, progressive, or fatal disease which requires assistance for the child in activities of daily living.
b. The requirement of assistance of another person or mechanical device for movement from place to place.
(12) RACIAL OR ETHNIC FACTORS. Black, Hispanic, Native American, Asian, or other heritage which may prevent a child from being adopted.
(Acts 1979, No. 79-691, p. 1231, §2; Act 2011-557, p. 1041, §1.)
The State Department of Human Resources shall establish and administer an ongoing program of subsidized adoption. Subsidies and services for children under this program shall be provided out of funds appropriated to the State Department of Human Resources for the maintenance of children in foster care or made available to it from other sources.
(Acts 1979, No. 79-691, p. 1231, §3.)
(a) Except in cases involving foster parents, where the department has made reasonable efforts to locate an appropriate family to adopt the child without the use of subsidy and no family has been found for the child, the State Department of Human Resources shall certify the child as eligible for a subsidy, provided the other requirements of this article are met.
(b) In cases involving foster parents where there is evidence to support the existence of potential danger to the child in severing his or her emotional ties with his or her foster parents who are the prospective adoptive parents, no evidence need be presented that reasonable efforts have been made to place the child without subsidy.
(c) Application for adoption subsidy shall be in the form and contain the information required by the department.
(d) The decision concerning certification of the child for subsidy shall be made by the State Department of Human Resources. Evidence submitted by the voluntary licensed child-placing agency shall serve as a basis for the decision and the State Department of Human Resources may request and receive from the voluntary licensed child-placing agency additional information which the State Department of Human Resources considers necessary to the decision.
(e) The State Department of Human Resources will negotiate with the adoptive parent or parents and sign jointly with the adoptive parents the subsidy agreement. The State Department of Human Resources will be the administrator of the subsidy agreement according to its regulations and the terms of this article.
(f) The voluntary licensed child-placing agency shall continue supervisory responsibility for the child and the family until after the final adoption decree has been issued.
(Acts 1979, No. 79-691, p. 1231, §4; Act 2011-557, p. 1014, §1.)
When parents are found and approved for adoption of a child certified as eligible for subsidy, and before the final decree of adoption is issued, there must be a written agreement between the State Department of Human Resources and the adopting family as to the terms and conditions of the subsidy. Upon determination of eligibility, adoption subsidies in individual cases may commence at any time after the adoption placement or at the appropriate time after the adoption decree, and will vary with the needs of the child and as negotiated with the adoptive parent or parents, and according to, as well as the availability of, other resources to meet the child’s needs. The subsidy may be for special services only, or for money payments, payment deferred, and either for a limited period, or for a long term, or for any combination of the foregoing. The amount of the time-limited or long-term subsidy may in no case exceed that which would be allowable for such child if the child had remained in foster care, or, in the case of special service, the reasonable fee for the service rendered. If the adoptive parent or parents move to another state of residence with the child, the adoption subsidy payment shall continue if the child’s needs remain the same and the child was a resident of Alabama when eligibility for subsidy was certified. Payments shall be made to the legal parent with physical custody of the child except for school or other parent authorized placements unless otherwise ordered by a court or by signed agreement by the parent or parents and the department. No payment may be made to a parent or parents if the child is not a citizen or permanent legal resident of the United States unless the child was adopted outside the United States and brought into this country for the purpose of adoption and the adoption failed and the child was placed into foster care.
(Acts 1979, No. 79-691, p. 1231, §5; Act 2011-557, p. 1014, §1.)
(a)(1) The department may require the adoptive parent or parents to submit a report, annually or at a time or times specified in the agreement or when the department is investigating an allegation of improperly received benefits. The parent shall state in the report that the child remains under their care and any change in the conditions or circumstances of the adopting parent or the needs of the child. The subsidy agreement shall continue according to its terms, except as provided by this article. The department may confirm the accuracy and veracity of the report from any reliable sources of information concerning the adoptive family and child, including any governmental or private agency that serves the area in which the child resides. If the report or information received by the department indicates a substantial change in the conditions that existed when the adoption subsidy agreement was signed, the department may, after notice and with the agreement of the adoptive parent or parents, modify the adoption subsidy agreement, service, subsidy payment, or any combination thereof.
(2) The parent may request a review based upon a substantial change in condition since the last adoption subsidy agreement was signed.
(b)(1) The term of any adoption subsidy agreement under this article, including any extension of the original term, and any subsidy payment ends when any of the following events occurs:
a. The child becomes 18 years of age.
b. The adoptive parent or parents are no longer legally responsible for support of the child.
c. The child is no longer receiving support from the adoptive parent or adoptive parents.
d. The child becomes emancipated.
e. The child dies.
f. The child’s adoption is terminated.
g. The adoptive parent or parents request termination of the subsidy agreement.
h. The child is no longer the legal dependant of the adoptive parent or parents.
i. The child is no longer considered to have the condition or conditions that caused the child to be certified for payment.
j. The reduction or termination of funding.
(2) The department shall continue the adoption subsidy payments in amounts determined by agreement among the department, the child, and the adoptive parents, for children adopted after age 16 during the time after the child becomes 18 years of age and up to the time the child reaches 21 years of age if any of the following occurs:
a. The child is enrolled or completing an education in a program leading to an equivalent credential in any of the following:
A secondary school.
A public or private institution of higher education.
A course of career or technical education.
The child is participating in a program or activity designed to promote or remove barriers to employment.
The child is employed for at least 80 hours per month.
b. The child has a physical disability or a mental disability and is in need of continued support.
c. The child is incapable of attending school, a training program, or employment due to a medical condition.
(Acts 1979, No. 79-691, p. 1231, §5; Act 2011-557, p. 1014, §1.)
A child who is a resident of Alabama when eligibility for subsidy is certified shall remain eligible and receive subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption or thereafter.
(Acts 1979, No. 79-691, p. 1231, §5.)
All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with Sections 26-10E-30, 26-10E-31, 26-10F-15, 26-10F-17, 38-2-6(8), and 38-7-13.
(Acts 1979, No. 79-691, p. 1231, §5; Act 2025-407, §1.)
(a) Any subsidy decision by the State Department of Human Resources which the placement agency or the adoptive parents deem adverse to the child is reviewable by the State Department of Human Resources.
(b) In any case where an application under this article is denied or an adoption subsidy is reduced or terminated, the applicant or parent recipient shall have the right to appeal in writing to the department for a hearing within 30 days of receipt of notice in accordance with the Alabama Administrative Procedure Act.
(Acts 1979, No. 79-691, p. 1231, §6; Act 2011-557, p. 1014, §1.)
The State Department of Human Resources shall promulgate regulations consistent with this article within 120 days of its enactment.
(Acts 1979, No. 79-691, p. 1231, §7.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §2; Act 99-435, p. 857, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §3.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §4, Act 98-101, p. 118, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §5, Act 98-101, p. 118, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §6, Act 98-101, p. 118, §1; Act 2004-528, p. 1105, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §7; Act 98-101, p. 118, §1; Act 2002-417, p. 1061, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §8; Act 99-435, p. 857, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §9; Act 99-435, p. 857, §1; Act 2002-417, p. 1061, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §10.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §11; Acts 98-101, p. 118, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §12; Act 98-101, p. 118, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §13.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §14; Act 2002-417, p. 1061, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §15.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §16.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §17; Act 99-435, p. 857, §1; Act 2002-417, p. 1061, §1; Act 2020-34, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §18; Act 2002-417, p. 1061, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §19.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §20.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §21; Act 99-435, p. 857, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §22.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §23.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §24; Act 99-435, p. 857, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §25.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §26.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §27.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §28.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §29.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §29.1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §30; Act 2000-794, p. 1869, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §31; Act 2000-794, p. 1869, §1.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §32.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §33.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §34.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §35.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p, 912, §37.)
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §39.)
The Legislature finds that:
(1) Finding adoptive families for children, for whom adoption assistance is desirable, and assuring the protection of the interests of the children affected during the entire assistance period requires special measures when the adoptive parents move to other states or are residents of another state; and
(2) The provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.
(Acts 1991, No. 91-662, p. 1267, §1.)
The purpose of this chapter is to authorize the State Department of Human Resources to enter into interstate agreements with agencies of other states for the protection of children for whom adoption assistance is being provided by the State Department of Human Resources, and to provide procedures for interstate adoption assistance payments for children, including medical payments.
(Acts 1991, No. 91-662, p. 1267, §2.)
As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) STATE. A state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.
(2) ADOPTION ASSISTANCE STATE. The state that is signatory to an adoption assistance agreement in a particular case.
(3) RESIDENCE STATE. The state of which the child is a resident by virtue of the residence of the adoptive parents.
(Acts 1991, No. 91-662, p. 1267, §3.)
The State Department of Human Resources, by and through its commissioner, is authorized to develop, negotiate, and enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. When so entered into, and for so long as it shall remain in force, such a compact shall have the force and effect of law.
(Acts 1991, No. 91-662, p. 1267, §4.)
A compact entered into pursuant to the authority conferred by this chapter shall include:
(1) A provision making the compact available for joinder by all states;
(2) A provision or provisions allowing withdrawal from the compact upon written notice to the parties, but requiring a period of one year between the date of the notice and the effective date of the withdrawal;
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who, on the effective date of the withdrawal, are receiving adoption assistance from a party state other than the one in which they are residents and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents and the state agency providing the adoption assistance;
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
(Acts 1991, No. 91-662, p. 1267, §5.)
A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 26-10B-5, as follows:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care, or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for providing the services or the funds to defray part or all of the costs thereof; and
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
(Acts 1991, No. 91-662, p. 1267, §6.)
(a) A child with special needs residing in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the Medicaid office of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. The adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.
(b) The terms of the compact entered into by the department and addressed in this statute will apply to children who are the subject of a federal adoption assistance agreement. At the department’s option, and in concurrence with the Alabama Medicaid Agency, the state may elect to provide the benefits described in this statute to children who are the subject of a state adoption assistance agreement, in which case the Department of Human Resources will pay the state’s share of the cost of Medicaid coverage for children who are the subject of a state adoption assistance agreement and who are also eligible for Medicaid according to applicable federal and state laws and regulations.
(c) The state Medicaid office shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(d) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state.
(Acts 1991, No. 91-662, p. 1267, §7.)
The State Department of Human Resources shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the State Department of Human Resources for coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child must obtain prior approval from the State Department of Human Resources and may submit evidence of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services or benefit amounts covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The State Department of Human Resources shall make regulations implementing this section. Among other things, such regulations shall include procedures to be followed in obtaining prior approvals for service in those instances where required for the assistance.
(Acts 1991, No. 91-662, p. 1267, §8.)
The submission of any claim for payment or reimbursement for services or benefits pursuant to Section 26-10B-7 or 26-10B-8 of this chapter or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent shall be punishable as perjury.
(Acts 1991, No. 91-662, p. 1267, §9.)
Consistent with federal law, the State Department of Human Resources and the Alabama Medicaid Agency, in connection with the administration of this chapter and any compact pursuant hereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272), Title IV-E, 42 U.S.C. §§670-676 and XIX of the Social Security Act, 42 U.S.C. §1396 and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The aforementioned department(s) shall apply for and administer all relevant federal aid in accordance with law.
(Acts 1991, No. 91-662, p. 1267, §10.)
(a) The State Department of Human Resources shall establish a putative father registry which shall record the names, Social Security number, date of birth, and addresses of the following:
(1) Any individual adjudicated by a court of this state to be the father of a child born out of wedlock.
(2) Any individual who has filed with the registry before or after the birth of a child born out of wedlock a notice of intent to claim paternity of the child which includes the information required in subsection (c).
(3) Any individual adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the individual or any other individual.
(4) Any individual who has filed with the registry an instrument acknowledging paternity pursuant to Chapter 11.
(b) The clerk of the court that determines a man to be the father of a child born out of wedlock shall immediately notify the State Department of Human Resources of the determination of paternity and include therein the information required under subsection (c).
(c)(1) An individual filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall include all of the following:
a. The father’s name, Social Security number, date of birth, and current address.
b. The mother’s name, including all other names known to the putative father which have been used by the mother, Social Security number, date of birth, and address, if known.
c. The father’s current income and financial information by attaching a child support obligation income statement/affidavit form to be prescribed by rules of the department.
d. The child’s name and place of birth, if known.
e. The possible date or dates of sexual intercourse.
(2) The individual filing shall notify the registry of any change of address pursuant to the procedures prescribed by rule of the state department. The registration shall be on a form prescribed by the state department and signed by the putative father and notarized.
(3) The putative father may file his notice of intent to claim paternity prior to the birth of the child.
(d) An individual who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed. Upon receipt of the notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.
(e) An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the individual who filed the notice, in any proceeding in which the fact may be relevant.
(f) The State Department of Human Resources shall, upon request, provide the names and addresses of individuals listed with the registry to any court. The information may not be divulged to any other person except upon order of a court for good cause shown. Immediately after receiving notice pursuant to Section 26-10E-17 of the pendency of any adoption proceeding wherein the proposed adoptee is a child born within 300 days of the date of any sexual intercourse listed in the registry and to the same biological mother listed in the registry, the State Department of Human Resources shall send a copy of the notice of intent to claim paternity to the court handling the adoption. When the court handling the adoption receives the notice of the intent to claim paternity, that court shall forthwith give notice of the pendency of the adoption proceeding to the putative father listed in the notice of intent to claim paternity and at the address therein listed, and additionally notify the biological mother that the putative father has registered in conformity with the putative father registry.
(g) The State Department of Human Resources shall create a form titled “Notice of Intent to Claim Paternity” to be used when an individual files notice of intent to claim paternity. The form shall include the information required under subsection (c), the name of the mother who has given birth or may give birth to a child born out of wedlock, and the possible date or dates of sexual intercourse.
(h) The registry, except as provided by subsection (f), shall be kept confidential and not open for public inspection.
(i)(1) Any individual who claims to be the natural father of a child and fails to file his notice of intent to claim paternity pursuant to subsection (a) prior to or within 30 days of the birth of a child born out of wedlock shall be deemed to have given an irrevocable implied consent in any adoption proceeding.
(2) This subsection shall be the exclusive procedure available for any individual who claims to be the natural father of a child born out of wedlock on or after January 1, 1997, to entitle that individual to notice of and the opportunity to contest any adoption proceeding filed and pending on or after January 1, 1997.
(j)(1) An individual who knowingly or intentionally registers false information under this section commits a Class A misdemeanor.
(2) An individual who knowingly or intentionally releases confidential information in violation of this section commits a Class A misdemeanor. However, it is a defense under this subsection if the State Department of Human Resources releases confidential information while acting:
a. In good faith; and
b. With reasonable diligence.
(Acts 1996, No. 96-537, p. 751, §1; Act 2002-417, p. 1061, §1; Act 2025-407, §1.)
This chapter shall not be construed to alter, impair, defeat, or restore any rights, obligations, duties, or interest accrued, incurred, conferred, or terminated prior to January 1, 1997.
(Acts 1996, No. 96-537, p. 751, §2.)
This chapter may be cited as the Alabama Child Placing Agency Inclusion Act.
(Act 2017-213, §1.)
The Legislature finds all of the following:
(1) Alabama provides state licensed child placing services through various state, charitable, religious, and private organizations.
(2) Religious organizations, in particular, have a lengthy and distinguished history of providing child placing services that predate government involvement.
(3) Religious organizations have long been licensed and should continue to contract with and be licensed by the state to provide child placing services.
(4) The faith of the people of the United States has always played a vital role in efforts to serve the most vulnerable, and this chapter seeks to ensure that people of any faith, or no faith at all, are free to serve children and families who are in need in ways consistent with the communities that first inspired their service.
(5) Religious organizations display particular excellence when providing child placing services.
(6) Religious organizations cannot provide certain child placing services without receiving a state license.
(7) Child placing agencies, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the First Amendment to the United States Constitution.
(8) The Alabama Religious Freedom Amendment, Amendment 622 to the Constitution of Alabama of 1901, now appearing as Section 3.01 of the Constitution of Alabama of 2022, protects the free exercise of religious rights of Alabama citizens by prohibiting the government from burdening the freedom of religion of a person unless the burden is in furtherance of a compelling governmental interest and is done in the least restrictive means.
(9) The right to free exercise of religion for child placing agencies includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs.
(10) Children and families benefit greatly from the child placing services provided by religious organizations.
(11) Ensuring that religious organizations can continue to provide child placing services will benefit the children and families that receive those services.
(12) The state provides child placing services through individual licensed child placing agencies with varying religious beliefs.
(13) Because state and private entities provide child placing services through many entities, each with varying religious beliefs or no religious beliefs, the religiously compelled inability of the entities to provide child placement will not prevent any particular individual from alternative equal access to child placing services.
(14) There is no compelling reason to require a child placing agency to violate its sincerely held religious beliefs in providing any service, since alternative access to the services is equally available.
(15) This chapter implements remedial measures that are congruent and proportional to protecting the constitutional rights of child placing agencies guaranteed under the First, Fifth, and Fourteenth Amendments to the United States Constitution.
(16) This chapter is not intended to limit or deny the eligibility of any individual to adopt a child or participate in foster care.
(Act 2017-213, §2.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) ADVERSE ACTION. With respect to a child placing agency, any action that materially alters the license under a state program, including any of the following:
a. Taking an enforcement action against the entity.
b. Refusing to issue a license.
c. Refusing to renew a license.
d. Revoking a license.
e. Suspending a license
(2) CHILD PLACING AGENCY. A private child-care facility which receives no federal or state funds and which receives, places, or arranges for the placement of any child or children in adoptive or foster family homes apart from the custody of the child’s or children’s parents, in accordance with the Alabama Child Care Act of 1971, Chapter 7, Title 38.
(3) CHILD PLACEMENT SERVICE. The placement of any child or children for adoption in an adoptive home or in a foster home, apart from the custody of the child’s or children’s parents.
(Act 2017-213, §3.)
The purposes of this chapter are as follows:
(1) To prohibit governmental entities from discriminating or taking an adverse action against a child placing agency on the basis that the agency declines to make a child placement that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs of the agency, provided the agency is otherwise in compliance with Minimum Standards for Child Placing Agencies.
(2) To protect the exercise of religion of child placing agencies and to ensure that governmental entities will not be able to force those agencies, either directly or indirectly, to discontinue all or some of their child placing services because they decline to place a child for adoption or in a foster home that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs, when otherwise the agency is in compliance with required Minimum Standards for Child Placing Agencies.
(3) To provide relief to child placing agencies whose rights have been violated.
(Act 2017-213, §4.)
(a) The state may not refuse to license or otherwise discriminate or take an adverse action against any child placing agency that is licensed by or required to be licensed by the state for child placing services on the basis that the child placing agency declines to make, provide, facilitate, or refer for a placement in a manner that conflicts with, or under circumstances that conflict with, the sincerely held religious beliefs of the child placing agency provided the agency is otherwise in compliance with the requirements of the Alabama Child Care Act of 1971, Chapter 7, Title 38, and the Minimum Standards for Child Placing Agencies.
(b) If a child placing agency under subsection (a) declines to make, provide, facilitate, or refer for a child placement, the decision of the child placing agency may not limit the ability of another child placing agency to make, provide, facilitate, or refer for the placement.
(Act 2017-213, §5.)
Child placing agencies shall otherwise meet the Minimum Standards for Child Placing Agencies required for child placement, pursuant to the Alabama Child Care Act of 1971, Chapter 7, Title 38.
(Act 2017-213, §6.)
A child placing agency injured by a violation of subsection (a) of Section 26-10D-5 may obtain all appropriate relief provided by the Alabama Administrative Procedure Act. In addition to the remedies provided therein, an aggrieved agency shall be entitled to all rights, remedies, and defenses available to it under the First Amendment Free Exercise of Religion Clause of the United States Constitution and The Alabama Religious Freedom Amendment, Amendment 622 to the Constitution of Alabama of 1901, now appearing as Section 3.01 of the Constitution of Alabama of 2022.
(Act 2017-213, §7.)
This chapter shall be known as and may be cited as the Alabama Minor Adoption Code.
(Act 2023-92, §1.)
For the purposes of this chapter, the following terms have the following meanings:
(1) ABANDONMENT. Any of the following:
a. The voluntary and intentional failure or refusal, without good cause or excuse, to claim the rights of a parent.
b. The voluntary and intentional failure or refusal, without good cause or excuse, to perform the duties of a parent.
c. The voluntary and intentional relinquishment, without good cause or excuse, of the custody of a minor by a parent.
d. The voluntary and intentional withholding from the minor by the parent, without good cause or excuse, of his or her presence, care, love, protection, support, maintenance, or display of filial affection.
(2) ADOPTEE. The individual being adopted.
(3) ADOPTION. The judicial act of creating the legal relationship of parent and minor which previously did not legally exist.
(4) ADULT. An individual who is 19 years of age or older, who has reached the majority age in the state in which he or she resides, or who is otherwise deemed an adult by statute or by court order.
(5) CONSENT. Voluntarily agreeing to adoption.
(6) COURT REPRESENTATIVE. An individual appointed in an adoption proceeding trained in law, health care, counseling, social work, or other specialty, who is an officer, employee, or special appointee of the court and has no personal interest in the proceeding.
(7) GRANDPARENT. The parent of a parent, whether the relationship is created biologically or by adoption.
(8) LEGAL FATHER. A male individual whose legal status as the father of the adoptee has been established through adoption, legitimation, adjudication, acknowledgment, presumption, or operation of law under the laws of this or any other state, and whose parental rights have not been terminated.
(9) LEGAL MOTHER. A female individual whose legal status as the mother of the adoptee has been established through adoption, legitimation, adjudication, acknowledgment, presumption, or operation of law under the laws of this or any other state, and whose parental rights have not been terminated.
(10) LICENSED CHILD-PLACING AGENCY. Any adoption agency that is licensed under the provisions of the Child Care Act of 1971, Chapter 7 of Title 38, or any adoption agency approved by the State Department of Human Resources.
(11) MARRIED COUPLE. Two individuals who are currently lawfully married in accordance with the laws of this state or any other jurisdiction.
(12) MINOR. An individual 18 years of age or younger or an individual who is not an adult under the law in the jurisdiction where he or she resides.
(13) MINOR PARENT. An individual 18 years of age or younger or an individual who is not an adult under the law in the jurisdiction where he or she resides who is the biological or legal parent of the adoptee.
(14) PARENT. The biological or legal mother or father of the adopted minor.
(15) PARTY. Any individual who appears before the court for the purposes of petitioning for adoption, consenting to an adoption, withdrawing a consent to adoption, contesting an adoption, securing grandparent visitation rights to an adoptee, or setting aside all or part of a final judgment of adoption, or any other person deemed to be a party by the court. This term does not include the adoptee.
(16) PUTATIVE FATHER. The alleged or reputed biological father of the adoptee, unless the issue of paternity has been resolved adversely to that individual by final judgment of a court of competent jurisdiction.
(17) RELINQUISHMENT. Giving up the legal and physical custody of a minor to a licensed child-placing agency or the State Department of Human Resources for the sole purpose of placement for adoption.
(18) SPOUSE. The individual who is lawfully married to the petitioner or the legal father or the legal mother at the time of the adoption proceedings.
(19) STATE DEPARTMENT OF HUMAN RESOURCES or STATE DEPARTMENT. The State Department of Human Resources, as established in Section 38-2-1.
(20) STEPPARENT. An individual who is the spouse or surviving spouse of a legal mother or legal father of a minor, but who is not a legal parent of the minor and who is not a former spouse by reason of divorce or annulment of the marriage.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) The probate court shall have original jurisdiction over cases brought pursuant to this chapter. No other court of this state shall have jurisdiction over a case brought under this chapter unless the case, or part of the case, has been transferred from the probate court to the other court in accordance with this section.
(b) If any parent whose consent is required fails to consent or is unable to consent to the adoption of a minor, upon a motion of a party, the case shall be transferred from the probate court to the appropriate juvenile court for the limited purpose of considering the termination of the parental rights of the non-consenting parent. Upon entry of a final judgment adjudicating the claim for termination of parental rights, the juvenile court shall return the case to the probate court for further dispositional proceedings. The dispositional proceedings shall be stayed pending any appeal of the final judgment of the juvenile court.
(c) If, at any time during the pendency of a case under this chapter concerning the adoption of a minor, an action is pending in a circuit court or a juvenile court of this state concerning the custody or parentage of the minor, any party to the case, or the probate court on its own motion, may move to stay the case or to transfer the case to the circuit court or the juvenile court in which the other action is pending. Upon transfer, the transferee court shall have jurisdiction to decide all matters relating to the adoption and to enter a final judgment resolving the adoption case. After entry of the final judgment by the transferee court, the probate court shall have limited jurisdiction over the case to assure compliance with Sections 26-10E-30 and 26-10E-31.
(d) On motion of either party or of the probate court, a contest of an adoption under Section 26-10E-23 that is pending in a probate court shall be transferred to the juvenile court for the limited purpose of adjudicating the contest. After entry of a final judgment adjudicating the contest, the juvenile court shall return the case to the probate court for further dispositional proceedings, which dispositional proceedings shall be stayed pending any appeal of the final judgment.
(e) The provisions of this chapter shall remain applicable to any case transferred to a juvenile court or a circuit court pursuant to this section.
(f) Once an adoption proceeding in the juvenile court has been completed, a copy of all the juvenile court records, including filings and documents originally sent by the probate court upon transfer to the juvenile court shall be forwarded to the original probate court. All other filings and documents that are retained by the juvenile court pertaining to the adoption proceeding shall be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise ordered by the court for good cause shown.
(g) Notwithstanding any law regarding the confidentiality of records and court proceedings involving a minor or adoptee, a court may communicate with another court of this state, another state, or another country in the same manner as provided in Section 30-3B-110, and a court may share records with another court of this state, another state, or another country for the limited purposes of determining any jurisdictional issues regarding a case involving the adoption of an adoptee pursuant to this chapter.
(Act 2023-92, §1.)
Jurisdiction over a child custody case involving an adoptee is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, commencing with Section 30-3B-101.
(Act 2023-92, §1.)
(a) A petition for adoption shall be filed in the probate court in any of the following counties:
(1) The county in which the adoptee is born, resides, or has a legal domicile.
(2) The county in which a petitioner resides or is in military service.
(3) The county in which an office of any agency or institution operating under the laws of this state having guardianship or custody of an adoptee is located.
(b) Notwithstanding subsection (a), a petition for adoption may be filed in the probate court in another county if all of the following apply:
(1) The petitioner shows good cause on the record as to why the probate court selected should exercise venue over the adoption case.
(2) No party objects to the probate court selected within 30 days of service of the petition.
(3) The probate court selected determines in writing that it is in the best interest of the adoptee for the probate court to exercise venue over the adoption case.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) An unmarried individual or a married couple may petition to adopt a minor.
(b) An unmarried couple may not adopt a minor.
(c) A group of more than two individuals may not adopt a minor.
(d) If a petitioner is married, the petition for adoption shall be filed jointly by both spouses; provided, however, that when the minor is a stepchild of the party seeking to adopt, the petition shall be filed in the name of the stepparent alone.
(e) Each petitioner seeking to adopt a minor shall be all of the following:
(1) An adult.
(2) At least 10 years older than the adoptee, unless either of the following are true:
a. The petitioner is a stepparent or relative and files for adoption pursuant to Sections 26-10E-26 or 26-10E-27.
b. The probate court finds, based on evidence in the record, that the adoption is in the best interest of the adoptee.
(3) A bona fide resident of this state at the filing of the petition for adoption or a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Section 38-7-15 and Section 44-2-20 relating to the Interstate Compact on the Placement of Children.
(f) No rule of any state department shall prevent an adoption by a petitioner solely because the petitioner is employed outside the home. The State Department of Human Resources may require the petitioner to remain in the home with an adoptee for a reasonable period of time, not to exceed 60 calendar days, when the state department determines that the adoptee requires the presence of the petitioner to ensure his or her adjustment.
(g) No rule of any state department shall prevent an adoption by an unmarried petitioner solely because the petitioner is unmarried. No rule of any state department shall prevent an adoption solely because the petitioner is of a certain age, except as provided in subsection (e).
(h) The State Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
(Act 2023-92, §1; Act 2025-407, §1.)
Any minor who is available for adoption may be adopted under this chapter.
(Act 2023-92, §1.)
(a) Consent to the petitioner’s adoption or relinquishment for adoption to the State Department of Human Resources or a licensed child-placing agency shall be required by all of the following:
(1) The adoptee, if 14 years of age or older, except when the court finds that the adoptee does not have the mental capacity to give consent.
(2) The adoptee’s legal mother or mothers.
(3) The adoptee’s legal father or fathers.
(4) If the adoptee has no legal father, the putative father if made known by the mother or is otherwise made known to the court, provided he complies with Section 26-10C-1 and responds within 30 days to the notice received under Section 26-10E-17(a).
(5) Any legal custodian or legal guardian of the adoptee if both parents are dead or presumed dead, if the rights of the parents have been terminated by judicial proceedings, or if the consent of both parents is otherwise not required pursuant to Section 26-10E-10, and if any legal custodian or legal guardian has authority by order of the court to consent to the adoption except that the court may grant the adoption without the consent of that legal custodian or legal guardian if the court determines that such consent was unreasonably withheld.
(6) The State Department of Human Resources or the county department of human resources, if the minor has been relinquished to the State Department of Human Resources or county department of human resources for the purposes of adoption or it otherwise holds temporary or permanent custody of the minor, except that the court may grant the adoption without the consent of the State Department of Human Resources or the county department of human resources if the adoption is in the best interest of the adoptee and the court finds that the State Department of Human Resources or the county department of human resources has unreasonably withheld consent.
(7) The licensed child-placing agency to which the child has been relinquished for adoption, except that the court may grant the adoption without the consent of the agency if the adoption is in the best interest of the adoptee and there is a finding by the court the agency has unreasonably withheld its consent.
(b) The Director of the State Department of Human Resources, the director of the county department of human resources, or the designee of either director, and the executive head of a licensed child-placing agency may appoint an employee of the department or agency to give or to deny consent for adoption of the adoptee.
(c) Notwithstanding any law to the contrary, a court with jurisdiction over a case under this chapter shall have the power to determine the biological or legal parentage of a minor to ascertain whose consent shall be required or to adjudicate any other claim or issue in the case.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) Prior to a minor parent’s giving express consent to an adoption or executing a relinquishment for adoption, a guardian ad litem shall be appointed to represent the interest of the minor parent whose consent is required. Any minor parent, 14 years of age or older, may nominate a guardian ad litem either prior to the birth of the adoptee or thereafter.
(b) A minor parent may give his or her implied consent to an adoption in the same manner as an adult parent under Section 26-10E-9. If a court finds by clear and convincing evidence that a minor parent has given implied consent to the adoption, the appointment of a guardian ad litem shall not be necessary. The implied consent of a minor parent may not be withdrawn.
(c) The express or implied consent of, or relinquishment by, a minor parent shall not be subject to revocation by reason of such minority.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) A rebuttable presumption that a parent has impliedly consented to the adoption or the relinquishment for adoption of an adoptee arises when clear and convincing evidence shows any of the following:
(1) Abandonment of the adoptee by the parent during the four months immediately preceding the date of the filing of the petition for adoption.
(2) Abandonment of the biological mother by the legal father or putative father by failing to offer to the biological mother financial or emotional support, or both, during the four months immediately preceding the birth of the adoptee despite knowing or having reason to know of the pregnancy.
(3) The parent, without good cause or excuse, left the adoptee without provision for his or her identification for a period of 30 days.
(4) The parent voluntarily and knowingly, without good cause or excuse, left the adoptee with another person without personally providing support for, initiating communication with, or otherwise maintaining a substantial relationship with the adoptee for the four consecutive months immediately preceding the date of the filing of the petition.
(b) A rebuttable presumption that any individual or agency whose consent is required has impliedly consented to the adoption, or the relinquishment for adoption, of an adoptee arises when clear and convincing evidence shows that the individual or agency has received notification of the pendency of the adoption proceedings pursuant to Section 26-10E-17 and has failed to answer or otherwise respond to the petition within 30 days.
(c) Implied consent under subsections (a) or (b) may not be withdrawn by any individual.
(d) A putative father who fails to file a notice of intent to claim paternity of an adoptee pursuant to Section 26-10C-1 prior to or within 30 days of the birth of the adoptee shall be deemed to have given irrevocable implied consent to, or relinquishment for, the adoption of the adoptee.
(e) At any time before the birth of the adoptee, a licensed child-placing agency, an attorney representing the legal mother, or an attorney representing the prospective adoptive parents may serve a putative father with notice consistent with Section 26-10E-17 that the legal mother is considering an adoptive placement of the unborn child in a form to be developed by the Administrative Office of Courts and the Alabama Law Institute. The notice shall not obligate the legal mother to place the child for adoption. A putative father intending to contest the adoption shall have 30 days from the date of service of the notice to file an action to establish his paternity of the unborn child under Section 26-17-611 and to register with the putative father registry pursuant to Section 26-10C-1. If the notified putative father fails to file this action and register with the putative father registry, his failure shall be deemed an irrevocable implied consent to the adoption of the child.
(Act 2023-92, §1; Act 2025-407, §1.)
Notwithstanding the provisions of Section 26-10E-7, the consent of the following individuals shall not be required for an adoption or relinquishment for adoption:
(1) A parent of the adoptee whose rights with reference to the adoptee have been terminated by a final judgment of a court of this state or any other state.
(2) A parent of the adoptee who has been adjudged incompetent or incapacitated pursuant to law or a parent whom the court finds to be mentally incapable of consenting or relinquishing and whose mental disability is likely to continue for so long a period that it would be detrimental to the adoptee to delay adoption until restoration of the parent’s competency or capacity. The court shall appoint independent counsel or a guardian ad litem for an incompetent or incapacitated parent for whom there has been no such prior appointment.
(3) A parent of an adoptee who has voluntarily relinquished the adoptee to the State Department of Human Resources, a similar agency of another state, or a licensed child-placing agency for an adoption, unless this relinquishment has been withdrawn in accordance with this chapter or the law of the state in which the relinquishment was made.
(4) A deceased parent of the adoptee or a parent of the adoptee who is presumed to be deceased under this state’s or any other state’s law.
(5) A putative father of the adoptee who has signed a written statement denying paternity.
(6) A putative father of the adoptee when the mother swears in an affidavit pursuant to Section 26-10E-16(c) that the putative father is unknown, unless the putative father is otherwise made known to the court.
(7) A putative father of the adoptee who fails to prove his paternity of the adoptee.
(8) A legal father or putative father when clear and convincing evidence is presented to the court that the adoptee was conceived by rape, incest, or sexual assault committed by the legal father or putative father, whose crimes are defined by the laws of this state or, if the crime occurred not in this state, the jurisdiction in which the crime occurred.
(9) A parent of the adoptee who has been convicted of child abuse or other felonious acts against the adoptee as defined by the laws of this state or, if the crime occurred not in this state, the jurisdiction in which the crime occurred.
(Act 2023-92, §1; Act 2025-407, §1.)
An express consent or relinquishment shall be in writing, signed by the individual consenting or relinquishing, and shall state all of the following:
(1) The date, place, and time of execution.
(2) The date of birth or, if prior to birth, the expected date of birth of the adoptee and any names by which the adoptee has been known.
(3) The date of birth of the individual consenting or relinquishing and his or her relationship to the adoptee.
(4) If the right to know the identity of each petitioner has not been waived, the legal name of each petitioner, unless the document is a relinquishment of the adoptee to an agency.
(5) That the individual executing the document is voluntarily and unequivocally consenting to the adoption of the adoptee. If the individual executing the document consents to the adoption of the adoptee by only a designated individual or married couple, the express consent shall specify that the consent applies only to that individual or married couple, as identified by his, her, or their legal names and that the express consent shall not be construed to apply to any other individual seeking to adopt the adoptee.
(6) That by signing the document, the individual executing the document understands that, except as otherwise provided in this chapter, upon the entry of the final judgment of adoption, he or she forfeits all rights and obligations to the adoptee and that he or she understands the express consent or relinquishment and executes it freely and voluntarily.
(7) That the individual signing the document has been advised and understands that his or her express consent or relinquishment may be withdrawn only in the manner, and within the time periods, as provided in Sections 26-10E-13 and 26-10E-14, and that the adoption may not be collaterally attacked after the entry of the final judgment of adoption, except as authorized in this chapter.
(8) That the individual signing the document understands that the express consent may become irrevocable, and that the individual should not execute it if he or she needs or desires psychological or legal advice, guidance, or counseling.
(9) The address of the court in which the petition for adoption has been or will be filed, if known, and if not known, the name and address of the agency, any petitioner, or the attorney of any petitioner on whom notice of the withdrawal or relinquishment of express consent may be served.
(10) In the case of relinquishment, the name and address of the agency to which the adoptee has been relinquished.
(11) That the individual executing the document has received or has been offered a copy of the express consent or relinquishment and withdrawal form.
(12) That the individual executing a relinquishment waives further notice of the adoption proceeding.
(13) That the individual executing an express consent waives further notice of the adoption proceedings unless there is a contest or appeal of the adoption proceeding.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) An express consent of the biological mother taken prior to the birth of an adoptee shall be signed or confirmed before a judge of probate. At the time of taking the express consent, the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the express consent and shall provide the consenting parent with two copies of the form for withdrawing the express consent in accordance with the requirements of Sections 26-10E-13 and 26-10E-14.
(b) Except as provided in subsection (a), all other pre-birth or post-birth express consents or relinquishments regarding the adoptee shall be signed or confirmed before any of the following:
(1) A judge or clerk of any court that has jurisdiction over adoption proceedings or a public officer appointed by the judge for the purpose of taking express consents.
(2) An individual appointed to take express consents who is appointed by any agency that is authorized to conduct investigations or home studies provided by Section 26-10E-19, or, if the express consent is taken out of state, by an individual appointed to take consents by any agency that is authorized by that state’s law to conduct investigations and home studies for adoptions.
(3) A notary public.
(c) The Administrative Office of Courts, in collaboration with the Alabama Law Institute, a division of the Legislative Services Agency, shall prepare the forms necessary to meet the requirements of this chapter.
(Act 2023-92, §1.)
(a) All existing express consents or relinquishments required by this chapter shall be filed with the probate court along with the petition. Any other express consents or relinquishments required by this chapter and acquired while the petition for adoption is pending shall be filed with the court overseeing the adoption before the final judgment of adoption is entered.
(b) An express consent or relinquishment may be taken at any time, except that, once signed or confirmed, may be withdrawn for any reason within five business days after the birth of the adoptee or within five business days after the signing of the express consent or relinquishment, whichever comes last.
(Act 2023-92, §1.)
(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn unless the consent or relinquishment is executed in writing and one of the following circumstances applies:
(1) As provided in Section 26-10E-13.
(2) When, at any time before entry of the final judgment of adoption, the court determines that the express consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of, or on behalf of, the petitioner; provided, however, that, after one year from the date of entry of the final judgment of adoption and after all appeals, if any, an express consent or relinquishment may not be challenged on any ground, except in cases of fraud or cases in which the adoptee has been kidnapped.
(3) Upon denial of a petition for adoption after a contested case under Section 26-10E-23.
(b) For the withdrawal of express consent or relinquishment as provided in Section 26-10E-13(b) to become effective:
(1) The individual seeking to withdraw the express consent or relinquishment must sign and date the withdrawal form provided pursuant to Section 26-10E-12 and have the withdrawal form signed by two witnesses or a notary public; and
(2) The individual seeking to withdraw the express consent or relinquishment shall either:
a. File the withdrawal form with the court within five business days of the child’s birth or within five business days of signing the express consent or relinquishment, whichever comes last; or
b. Mail the withdrawal form to the court bearing a postmark dated within five business days of the child’s birth or within five business days of the signing of the express consent or relinquishment, whichever comes last.
(c)(1) A petition to withdraw express consent or relinquishment under subdivision (a)(1) must be filed with the court in which the consent or relinquishment was listed on the withdrawal form. The pending adoption shall proceed to a contest as provided under Section 26-10E-23.
(2) If a petition for adoption is filed with a court and includes an express consent or relinquishment with a different court listed on the withdrawal form, the probate court in which the adoption proceeding is pending shall contact the court listed on the withdrawal form to ascertain whether a withdrawal of the express consent or relinquishment has been filed. The court listed on the withdrawal form shall notify the court in which the adoption proceeding is pending of any subsequent filings.
(d) In adjudicating a petition to withdraw an express consent or relinquishment under subsection (a), the court shall require that the individual seeking to withdraw the express consent or relinquishment shall establish the facts necessary to withdraw the express consent or relinquishment by a preponderance of the evidence.
(e)(1) If an express consent or relinquishment is properly withdrawn under subdivision (a)(1) and the probate court has issued an interlocutory order, the interlocutory order shall be set aside, and the court shall order the legal custody of the minor child restored to the individual or agency with legal custody of the minor child prior to the issuing of the interlocutor order. If the court determines that an attempted withdrawal under subdivision (a)(1) fails to comply with the statutory requirements of subdivision (a)(1), the court shall deny the withdrawal and declare that the express consent or relinquishment is final and binding.
(2) If an express consent or relinquishment is filed under subdivision (a)(2) and the petition to withdraw is filed prior to the entry of the final judgment of adoption, the determination of the validity of the withdrawal shall proceed pursuant to Section 26-10E-23.
(3) An express consent or relinquishment may be withdrawn under subdivision (a)(3) if the petition for adoption is denied after a contested case under Section 23-10E-23.
(4) Any order made by the court upon a petition to withdraw express consent or relinquishment under this section shall be deemed a final judgment for the purpose of filing an appeal under Section 26-10E-25.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) No health facility shall surrender the physical custody of an adoptee to any individual or entity other than the county department of human resources, a licensed child-placing agency, parent, relative by blood or marriage, or individual having legal custody, unless this surrender of physical custody is authorized in a writing executed after the birth of the adoptee by one of the adoptee’s parents, the agency, or the individual having legal custody of the adoptee.
(b) A health facility shall report to the county department of human resources, on forms supplied by the State Department of Human Resources, the name and address of any individual and, in the case of an individual acting as an agent for an organization, the name and address of the organization, to whose physical custody an adoptee is surrendered. This report shall be transmitted to the State Department of Human Resources within 48 hours from the surrendering of physical custody.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) A petition for adoption of an adoptee shall bear the caption “In the Matter of the Adoption Petition of [each named petitioner.]” The completed petition shall be signed and verified by each petitioner and shall set forth each of the following:
(1) The full name, date of birth, place of residence, and relationship to the adoptee of each petitioner, and, if the petitioners are married, the place and date of their marriage.
(2) The date and place of birth of the adoptee, if known.
(3) The birth name of the adoptee, any other names by which the adoptee has been known, and the name by which the adoptee shall be known.
(4) That the physical custody of the adoptee has been placed with the petitioner or petitioners for the purpose of adoption and that the adoptee has been residing with the petitioner or petitioners since a specified date, or a statement of good cause as to why placement and physical custody is not required or should be excused or waived.
(5) That the petitioner or petitioners desire to establish a parent and child relationship between himself or herself and the adoptee and that he or she is a fit and proper individual able to care for and provide for the adoptee’s welfare.
(6) The existence and nature of any prior or pending judicial proceedings known to the petitioner or petitioners that affect the custody, visitation with, or parentage of the adoptee.
(7) The name and address of the licensed child-placing agency, if any.
(8) The names and addresses of all individuals or agencies known to the petitioner or petitioners at the time of filing from whom consents or relinquishments to the adoption are required and whether the individuals or agencies have given express or implied consent to the adoption.
(9) The names and addresses of all other individuals or agencies known to the petitioner or petitioners who are entitled to notice of the adoption proceedings under Section 26-10E-17.
(b) The petitioner or petitioners shall attach each of the following to the petition:
(1) A government-issued document bearing photographic identification of each petitioner.
(2) If the petitioners are married, a certified document establishing proof of marriage or an affidavit of their common law marriage.
(3) A certified copy of the adoptee’s birth certificate issued within six months of the date of the filing of the petition or an affidavit stating that application for the birth certificate has been made. This subdivision does not apply when the adoptee is in the permanent custody of the State Department of Human Resources.
(4) Any written authorization allowing the adoptee to be placed in the home of the petitioner or petitioners.
(5) A copy of any court orders affecting the custody, visitation with, or parentage of the adoptee accessible to the petitioner or petitioners.
(6) Any and all existing express consents and relinquishments upon which the petitioner or petitioners rely for the adoption.
(7) If a pre-placement investigation is required under this chapter, a copy of the pre-placement investigative report.
(8) An accounting of all anticipated costs and expenses for the adoption.
(c) In the case of an unknown father, the biological mother, under penalty of perjury, shall sign a verified affidavit setting forth the following information and attach the affidavit to the petition unless the whereabouts of the mother are unknown, she is deceased, the parental rights of the mother have been previously terminated as to the adoptee, or the adoption is a stepparent or relative adoption as provided under Sections 26-10E-26 or 26-10E-27:
(1) Whether the mother has declared that she does not know the identity of the biological father or she refuses to identify the name of the biological father.
(2) Whether the mother was married at the probable time of conception of the adoptee, or at a later time, and if so, the identity and last known address of her husband.
(3) Whether the mother was cohabitating with a man at the probable time of conception of the adoptee, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.
(4) Whether the mother has received payments or promise of support from any man with respect to the adoptee or her pregnancy, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.
(5) Whether the mother has named any man as the father on the birth certificate of the adoptee or in connection with applying for or receiving public assistance, and if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.
(6) Whether the mother identified any man as the legal father or putative father of the adoptee to any hospital personnel, and, if so, the identity of the man, his last known address, the name and address of the hospital, and why the mother contends the man is not the legal father or putative father of the adoptee.
(7) Whether the mother has informed any man that he may be the legal father or putative father of the adoptee, and, if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.
(8) Whether any man has formally or informally acknowledged or claimed paternity of the adoptee in any jurisdiction at the time of the inquiry, and if so, the identity of the man, his last known address, and why the mother contends the man is not the legal father or putative father of the adoptee.
(9) That the mother has been informed her statement concerning the identity of the legal father or putative father will be used only for the limited purpose of adoption and, once the adoption is complete, that such identity will be sealed.
(10) That the mother acknowledges she is aware of the remedies available to her for protection from abuse pursuant to Chapter 5 of Title 30.
(d) The petition, the various documents attached thereto as required by this section, or an appendix signed by counsel or other credible individuals shall fully disclose all that is known about the biological parentage of the adoptee.
(e) Except in cases governed by Section 26-10E-26 or Section 26-10E-27, the petition for adoption shall be filed with the clerk of the probate court within 60 days after the adoptee is physically placed with the petitioner or petitioners for purposes of adoption unless the adoptee is in the custody of the State Department of Human Resources or a licensed child-placing agency, or is currently receiving care in a medical facility, except that, for good cause shown, a petition may be filed beyond the 60-day period. In cases governed by Sections 26-10E-26 or 26-10E-27, the petition may be filed at any time.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) Unless notice has been previously waived as provided in subsection (d), notice of the pendency of an adoption proceeding shall be served by the petitioner on each of the following:
(1) Any individual, agency, or institution whose consent or relinquishment is required.
(2) The legal father of the adoptee.
(3) If no legal father has been determined, the unknown father.
(4) The putative father of the adoptee, if made known to the court, provided the putative father has complied with Section 26-10C-1.
(5) The legal custodian or guardian of the adoptee.
(6) The spouse of a petitioner who is a stepparent unless express consent is attached to the petition.
(7) A grandparent of the adoptee if the grandparent’s child is a deceased parent of the adoptee and, before his or her death, the deceased parent had not executed an express consent or relinquishment or the deceased parent’s parental relationship to the adoptee had not been otherwise terminated.
(8) Any person known to the petitioner or petitioners as currently having physical custody of the adoptee or having visitation rights with the adoptee under an existing court order.
(9) The agency or individual authorized to investigate the adoption under Section 26-10E-19.
(10) The State Department of Human Resources.
(11) If the adoptee is in foster care, the director of the county department of human resources awarded legal custody of the adoptee.
(12) Any other person designated by the court.
(b) The notice shall contain all of the following information:
(1) That a petition for adoption of the adoptee has been filed in the probate court.
(2) That a notified party shall file a written response within 30 days from the time of proper service of the notice stating if he or she intends to contest or support the adoption.
(3) That if the notified party is a party from whom consent is required and he or she fails to file a written response within 30 days of proper service, the court may construe that failure as an implied consent to the adoption and as a waiver of a right to appear and of further notice of the adoption proceedings.
(4) That if the notified party is a party from whom consent is not required and he or she fails to file a written response within 30 days of proper service, the court may construe that failure as a waiver of the right to appear and of further notice of the adoption proceedings.
(5) That if the adoption is approved, the parental rights of the notified party, if any, will be considered terminated.
(c)(1) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure.
(2) If service cannot be perfected in accordance with the Alabama Rules of Civil Procedure, the court may order, in its discretion, an alternative method of notice.
(d) The notice required by this section may be waived in writing by the person entitled to receive notice. A party listed in subdivisions (a)(9), (a)(10), and (a)(11) may appoint an employee to waive notice on its behalf.
(e) Proof of service of the notice on all persons for whom notice is required by this section shall be filed with the court before the hearing of a contested case provided for in Section 26-10E-23.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) Once a petitioner or petitioners has received an adoptee into his or her home for the purposes of adoption and a petition for adoption has been filed, an interlocutory order may be entered delegating to the petitioner or petitioners both of the following:
(1) Physical custody, except legal custody shall be retained by the county department of human resources or the licensed child-placing agency that held legal custody at the time of the placement until the entry of final judgment of adoption.
(2) The responsibility for the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court.
(b) This interlocutory order shall not stop the running of the time periods prescribed in Section 26-10E-9.
(Act 2023-92, §1; Act 2025-407, §1.)
(a)(1) Except as provided in Sections 26-10E-19.1, 26-10E-26, and 26-10E-27, all minor adoptions shall include an investigation as provided under this section. A pre-placement investigation shall be completed to determine the suitability of each petitioner and the home in which the adoptee will be placed. The pre-placement investigation shall include a criminal background investigation and any other circumstances which might be relevant to the placement of an adoptee with the petitioner or petitioners. The investigation shall include, but is not limited to, all the following:
a. Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state and the petitioner’s place of residence if other than this state.
b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioner has resided in the preceding five years.
c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
d. The costs and expenses related to the adoption known or anticipated at the time of the pre-placement investigation.
e. Agency and social worker licenses.
f. Six reference letters, four of which are from individuals unrelated to the petitioner or petitioners by blood or marriage. The other two reference letters shall be from individuals related to the petitioner or petitioners by blood or marriage. If there are two petitioners, a member from each petitioner’s family shall submit a reference.
g. Medical reports on all individuals living in the home, and letters from prescribing doctors for any controlled substance prescriptions.
h. The financial worksheets for each petitioner for the previous tax year or a copy of the previous year’s tax returns.
i. Copies of each petitioner’s birth certificates and marriage licenses or marriage certificates.
j. Copies of any divorce decrees and settlement agreements pursuant to the divorce, if applicable.
k. Copies of any death certificates, if applicable.
l. The identity of who will perform the post-placement investigation.
m. A written biography of each petitioner, including medical and social history.
n. A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency.
o. Any custody orders:
Pertaining to the adoptee;
Pertaining to the petitioner or petitioners; or
Pertaining to both the adoptee and the petitioner or petitioners.
p. Any other requirement pursuant to Title 660 of the Alabama Administrative Code or any other rule adopted by the State Department of Human Resources.
q. Any additional information required by the court in its discretion.
(2) The court, in its discretion, may allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(b)(1) The pre-placement investigative report shall be filed with the court at the time of the filing of the petition for adoption. The information to be included in the pre-placement investigation shall be obtained within 12 months preceding the filing of the petition for adoption.
(2) Upon completion of the pre-placement investigation, the person or entity performing the investigation shall send a copy of the pre-placement investigative report to the petitioner or petitioners, except that the individual or entity performing the investigation may omit the reference letters from the copy of the pre-placement investigative report that is sent to the petitioner or petitioners.
(c) In cases when an adoptee has resided in the petitioner’s home prior to the filing of a petition for adoption, the information required in the pre-placement investigative report shall be included in the post-placement investigative report and cannot be waived.
(d)(1) In every adoption proceeding, after a child has been placed in the home of the petitioner or petitioners, the post-placement investigator shall observe the adoptee and interview each petitioner in his or her home as soon as possible after notice of the placement but within 45 days after the placement. The individual or entity performing the investigation shall complete and file the post-placement investigative report with the court within 60 days from receipt of notice of the proceeding and shall deliver a copy of the post-placement investigative report to each petitioner’s attorney or to each petitioner appearing pro se. The post-placement investigative report shall include, but is not limited to, all of the following:
a. Full and updated physical medical evaluations of the adoptee.
b. Full and updated psychological and mental health evaluations of the adoptee, if applicable.
c. The circumstances resulting in the placement of the adoptee with the petitioners.
d. The status of adjustment of the adoptee in the home, including, but not limited to, the following:
The bonding of the adoptee to the household members.
The adoptee’s academic, social, and medical status.
e. Any counseling or therapeutic services involving the adoptee or petitioners, or both.
f. Any property or assets in which the adoptee has a financial interest or is otherwise entitled to receive in the future.
g. Any current orders issued by another court:
Pertaining to the adoptee;
Pertaining to the petitioner or petitioners; or
Pertaining to both the adoptee and the petitioner or petitioners.
h. Updated letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state or the petitioner’s place of residence if other than this state.
i. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioner has resided in the preceding five years.
j. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older from any state in which any petitioners have resided.
k. Any additional information required by the court in its discretion.
(2) The court, in its discretion, may allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(e)(1) An individual or entity authorized to perform an investigation under subsection (h) who has not already performed an investigation for the pending adoption shall perform an investigation on any legal or putative parent of the adoptee in an adoption that is not a stepparent or relative adoption under Sections 26-10E-26 and 26-10E-27. This investigation shall include, but is not limited to, the medical and social history of the legal or putative parents as required by the form developed by the Alabama Probate Judges Association and the Alabama Law Institute.
(2) The individual or entity performing an investigation required by subdivision (1) shall submit the investigative report to the court within 60 days of the filing of the petition, and the individual or entity performing the investigation shall also deliver a nonidentifying copy of the report to the petitioner or petitioners.
(3) Notwithstanding subdivisions (1) and (2), the court may require additional information or accept the required information provided in a different format.
(f) Any prospective petitioner or petitioners may directly request an individual or entity listed under subsection (h) to initiate a pre-placement investigation.
(g) Upon a showing of good cause and after notice to the petitioners, the court may grant extensions of time to the individual or entity performing any investigation under this section to file an investigative report. The final judgment of adoption shall not be rendered until such time as all required investigative reports are completed, filed, and determined by the court to be sufficient.
(h) Any investigation required under this section shall be performed by one of the following:
(1) The State Department of Human Resources.
(2) A licensed child-placing agency.
(3) A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.
(4) An individual or agency in the petitioner’s residential state that is authorized by that state to perform such investigations.
(i) Notwithstanding subsection (h), the court on its own motion may order any investigation under this section be performed by an agency or individual other than the agency placing the adoptee when the court has cause to believe the investigation is insufficient.
(j) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.
(k) The court may, in its discretion, order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.
(l) If applicable to the adoption, the court shall ensure compliance with the Interstate Compact on the Placement of Children, Article 2, Chapter 2 of Title 44. Proof of compliance is determined by the authorized signatures of the sending and receiving states on the Interstate Compact on the Placement of Children Request Form.
(Act 2023-92, §1; Act 2024-290, §1(b)(4); Act 2025-407, §1.)
(a)(1) If an adoptee is in the permanent custody of the State Department of Human Resources, no judgment for adoption of the adoptee may be entered until the investigative report under this section has been completed and filed with the court. The investigation shall include, but is not limited to, all of the following:
a. Letters of suitability pursuant to Chapter 13 of Title 38 for each adult living in the home of the petitioner or petitioners based on the information available in this state and the petitioner’s place of residence if other than this state.
b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioner has resided in the preceding five years.
c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
d. Six reference letters, four of which are from individuals unrelated to the petitioner or petitioners by blood or marriage. The other two reference letters shall be from individuals related to the petitioner by blood or marriage. If there are two petitioners, a member from each petitioner’s family shall submit a reference letter.
e. Medical reports on all individuals living in the home and letters from prescribing doctors for any controlled substance prescriptions.
f. The financial worksheets for each petitioner for the previous tax year or a copy of the previous year’s tax returns.
g. Copies of each petitioner’s birth certificate and marriage licenses or marriage certificates.
h. Copies of any divorce decrees and settlement agreements pursuant to the divorce, if applicable.
i. Copies of any death certificates, if applicable.
j. A written biography of each petitioner, including medical and social history.
k. A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency.
l. Any custody orders:
Pertaining to the adoptee;
Pertaining to the petitioner or petitioners; or
Pertaining to both the adoptee and the petitioner or petitioners.
m. The updated medical and mental health histories of the adoptee. This information shall also be provided to the petitioner or petitioners prior to the final judgment of adoption being entered.
n. The medical and mental health histories of the adoptee’s biological parents, if their identities are known. A nonidentifying copy of this information shall be delivered to the petitioner or petitioners.
o. Any property or assets in which the adoptee has a financial interest or is otherwise entitled to receive in the future.
p. Any other circumstances that may be relevant to the placement of the adoptee with the petitioner or petitioners.
q. Any other requirement pursuant to Title 660 of the Alabama Administrative Code or any other rule adopted by the State Department of Human Resources.
r. Any additional information required by the court in its discretion.
(2) The court, in its discretion, may allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(b) The investigative report shall be submitted in a form developed by the State Department of Human Resources in conjunction with the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall be filed with the court prior to the hearing on the final judgment of adoption. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.
(c) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.
(d) The required investigation shall be performed by the State Department of Human Resources.
(e) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.
(f) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.
(g) If applicable to the adoption, the court shall ensure compliance with the Interstate Compact on the Placement of Children, Article 2, Chapter 2 of Title 44. Proof of compliance is determined by the authorized signatures of the sending and receiving states on the Interstate Compact on the Placement of Children Request Form.
(Act 2025-407, §2.)
After the petitioner or petitioners have received the adoptee into his, her, or their home, the adoptee shall not be removed from the county in which the petitioner or petitioners reside until the final judgment has been entered for a period of longer than 15 consecutive days, unless notice is given to the investigative agency or individual.
(Act 2023-92, §1.)
(a) In making adoption arrangements, potential adoptive parents and biological parents may obtain counsel to provide legal advice and assistance.
(b) When required by this chapter, the court may appoint a guardian ad litem for the adoptee, any mentally incapacitated person, or a minor. In cases in which a guardian ad litem is not required by this chapter, upon a motion of a party or on its own motion, the court may appoint a guardian ad litem for good cause shown.
(c) The fees of the guardian ad litem shall be assessed by the court and taxed as costs upon the conclusion of services provided by the guardian ad litem; provided, however, that in contested cases under Section 26-10E-23, the court shall assess and award the guardian ad litem a fee at the time of appointment based on the reasonable amount of fees expected to be incurred. The fees shall be payable by the contestant and the petitioner proportionately as determined by the court, subject to the authority of the court to revise the amount or proportionate responsibility for the fees upon entry of the final judgment adjudicating the contest.
(d) The court shall have the power to enforce any award of fees to the guardian ad litem through contempt or other enforcement proceedings.
(Act 2023-92, §1.)
(a)(1) No individual, organization, group, agency, or any legal entity may accept any fee whatsoever for bringing any petitioner together with the adoptee or the parents of the adoptee.
(2) A violation of this section is a Class A misdemeanor, except that a second or subsequent conviction is a Class C felony.
(b)(1) The petitioner or petitioners may provide payment for maternity-connected expenses, medical or hospital expenses, and necessary living expenses of the mother preceding and during pregnancy-related incapacity, provided that the payment is not contingent upon the placement of the minor child for adoption, consent to the adoption, or cooperation in the completion of the adoption.
(2) Prior to any payment pursuant to this subsection, the petitioner or petitioners must file with the court a full accounting of all charges for expenses, fees, or services they or individuals acting on their behalf will be paying relating to the adoption. Payment may be made only with court approval except that fees may be placed in an escrow account prior to court approval. The court may not refuse to approve a fee for documented services on the sole basis that a prospective adoptee has not been placed. The court shall approve all reasonable fees and expenses unless determined by the court to be unreasonable based upon specific written findings of fact.
(c) Unless otherwise provided in this chapter, the petitioner or petitioners must also file a sworn statement that is a full accounting of all disbursements paid in the adoption.
(d) Under penalty of perjury, the adoptive parents and the parent or parents surrendering the adoptee for adoption, prior to the entry of the final judgment of adoption, shall sign affidavits stating that no monies or other things of value have been paid or received in exchange for the consent or relinquishment of the minor for adoption. In addition to any penalties for perjury, the payment or receipt of money in violation of this section shall be punished as set forth in Section 26-10E-33.
(Act 2023-92, §1.)
(a) Upon the filing of a pleading or a motion by a party contesting the adoption, or upon transfer of a contested case pursuant to Section 26-10E-3, the court shall forthwith set the matter for a contested hearing to determine each of the following:
(1) Whether the best interest of the adoptee will be served by the adoption.
(2) Whether the adoptee is available for adoption by each petitioner and whether each petitioner qualifies to adopt an adoptee within the requirements of this chapter.
(3) Whether all necessary express consent, implied consent, or relinquishment to the adoption have been given and, if so, are valid.
(4) Whether an express consent or relinquishment has been or may be withdrawn.
(b) The court shall give at least 14 days of notice of the contested hearing by United States mail to all parties who have appeared before the court unless notice has been waived in writing. The party contesting the adoption and each petitioner shall be present at the contested hearing. A guardian ad litem shall appear and represent the interest of the adoptee. Any contestant who is an individual with a developmental disability or a minor shall also be represented by a guardian ad litem in addition to any counsel retained by the contestant.
(c) The court may continue the hearing from time to time to permit notice to all parties, or to permit further discovery, observation, investigation, or consideration of any fact or circumstance affecting the granting or denial of the adoption petition. The court may order the investigator appointed under Section 26-10E-19, or a court representative to investigate allegations underlying the contest or the whereabouts of any individual entitled to notice of the proceeding.
(d) At the conclusion of the contested hearing, the court shall decide the contest as soon as practicable. If the court determines that the adoption petition should be denied, the court shall either transfer the case to the appropriate juvenile court pursuant to Section 26-10E-3 for the limited purpose of considering termination of parental rights or the court shall enter a final judgment denying the adoption. Otherwise, the court shall enter a final judgment denying the contest and, subject to any post judgment motions and appellate proceedings, the probate court shall proceed as provided in Section 26-10E-24. The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings.
(e) At the contested hearing, the court shall consider any motion of the petitioner or petitioners to obtain reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement.
(f)(1) Following the entry of a final judgment denying a petition for adoption, the court shall enter a temporary custody order determining each of the following:
a. Whether it is in the best interest of the minor child for the petitioner or petitioners to retain custody of the minor child or for the minor child to be returned to the person or agency with legal custody of the minor child prior to the filing of the petition.
b. Whether a written report should be sent to the county department of human resources pursuant to Chapter 14 of Title 26 for a further determination concerning custody.
(2) The custody determination shall remain in effect only until another court of competent jurisdiction enters a custodial order regarding the minor child.
(g) Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) Once the petition for adoption and any necessary accompanying documentation has been filed, the court shall set a dispositional hearing to take place as soon as practicable, but no later than 120 days after the filing. Upon good cause shown, the court may extend the time for the dispositional hearing.
(b) At the dispositional hearing, the court shall approve the adoption if it finds, based on clear and convincing evidence, all of the following:
(1) The adoptee has been in the actual physical custody of the petitioner or petitioners for a period of 60 days, unless for good cause shown, this requirement is waived by the court.
(2) All necessary consents, relinquishments, terminations, or waivers have been obtained and, if appropriate, filed with the court.
(3) All documentation required pursuant to Section 26-10E-19 or 26-10E-19.1, where applicable, has been filed with the court, unless excluded under Sections 26-10E-26 and 26-10E-27.
(4) Service of the notice of pendency of the adoption proceeding has been made or dispensed with as to all persons entitled to receive notice under Section 26-10E-17.
(5) All contests brought under Section 26-10E-23 have been resolved in favor of the petitioner or petitioners.
(6) Each petitioner is a suitable adoptive parent and desires to establish a parent and child relationship between himself or herself and the adoptee.
(7) That the best interest of the adoptee is served by the adoption.
(8) That each petitioner has been cleared through each of the following background checks:
a. Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state.
b. Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.
c. A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
(9) That the petitioner has no known history of failure, to pay child support.
(10) A sworn statement of full accounting of disbursements pursuant to Section 26-10E-22, if applicable, has been filed.
(11) All other requirements of this chapter have been met.
(c) The court shall enter its finding in a written final judgment of adoption, which:
(1) Shall also include the new name of the adoptee after adoption, except: (i) in cases of relative adoption under Section 26-10E-27 where the adoptee shares the relative’s same last name; or (ii) in cases where an adoptee is 14 years of age or older and does not want to change his or her name as provided in Section 26-10E-28, provided that the final judgment may not include any other name by which the adoptee has been known or any names of the former parent;
(2) Shall further order that, from the date of the entry of judgment, the adoptee shall be the child of the petitioner or petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10E-28; and
(3) Shall include any other information required by federal law or federal regulation.
(Act 2023-92, §1; Act 2025-407, §1.)
(a)(1) For the purposes of this chapter, a “final judgment” is a judgment in which one of the following is true:
a. The court adjudicates whether an express consent or relinquishment has been withdrawn pursuant to Section 26-10E-14.
b. The court adjudicates a contest to an adoption pursuant to Section 26-10E-3 or Section 26-10E-23.
c. A juvenile court terminates the parental rights of a parent to the adoptee pursuant to Section 26-10E-3 and Section 26-10E-23(d).
d. The court grants or denies the petition for adoption.
(2) A final judgment under this chapter shall be entered in accordance with Rule 58 of the Alabama Rules of Civil Procedure.
(b) A party may file a post judgment motion challenging any final judgment entered under this chapter. Any post judgment motion must be filed within 14 days of the entry of final judgment and no post judgment motion may remain pending for more than 14 days, at which time it shall be deemed denied by operation of law.
(c) A party may appeal any final judgment entered by a court under this chapter. An appeal may be made to the Alabama Court of Civil Appeals by the proper filing of a notice of appeal with the clerk of the court entering the final judgment within 14 days of the entry of the final judgment, subject to Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and Rule 77(d) of the Alabama Rules of Civil Procedure.
(d) An appeal from any judgment of adoption entered under this chapter shall have priority in all courts and shall have precedence over all other matters, except for other matters that have been given priority by specific statutory provision or rule of court. All appeals shall comply with the Alabama Rules of Appellate Procedure.
(e) The court from which the appeal is taken shall enter an order concerning the custody of the adoptee pending appeal. Once the certificate of judgment has been issued by the appellate court, the custody of the adoptee shall remain subject to the custody determination made by the court unless vacated or modified by the appellate court on appeal or unless vacated or modified by the court that made the determination or the court that assumed jurisdiction over the custody of the adoptee pursuant to Section 26-10E-24.
(f) A final judgment of adoption may not be collaterally attacked more than one year after the entry of final judgment of adoption, except for in the following situations:
(1) Fraud relating to the adoption proceedings.
(2) The adoptee has been kidnapped.
(3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.
(Act 2023-92, §1.)
A stepparent of the adoptee may petition for adoption of an adoptee under this chapter, except that:
(1) Before the entry of the final judgment, the adoptee must have resided for a period of one year with the stepparent petitioner.
(2)a. A limited investigation shall be conducted to determine the suitability of the stepparent petitioner and the home in which the adoptee resides, and the report of the investigation, which shall include, but is not limited to, all of the following:
Excluding the legal parent of the adoptee, letters of suitability pursuant to Chapter 13 of Title 38 for each adult living in the home of the petitioner or petitioners based on the information available in this state.
Excluding the legal parent of the adoptee, child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.
Excluding the legal parent of the adoptee, a printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
A home safety inspection indicating that the home of the petitioner or petitioners is safe for adoptee’s residency.
b. The limited investigation may also include other information required by Section 26-10E-19 as directed by the court. The limited investigation shall be filed with the court within 30 days of the date of the filing of the petition.
(3) The court, in its discretion, may:
a. Require additional information; and
b. Allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(4) The investigative report shall be submitted in a form developed by the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.
(5) The investigation shall be performed by one of the following:
a. The State Department of Human Resources.
b. A licensed child-placing agency.
c. A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.
(6) Other than those individuals and entities listed in subdivision (5), the court on its own motion may order the investigation be performed by an alternative individual or entity when the court has cause to believe the investigation is insufficient.
(7) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.
(8) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.
(9) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.
(Act 2023-92, §1; Act 2025-407, §1.)
Subject to Section 26-10E-5, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a great-uncle, a great-aunt, a brother, a half-brother, a sister, a half-sister, an aunt, or an uncle of the first degree and their respective spouses, if any, may adopt a minor grandchild, a minor great-grandchild, a minor great-niece, a minor great-nephew, a minor brother, a minor half-brother, a minor sister, a minor half-sister, a minor nephew, or a minor niece, in accordance with this chapter, except that:
(1) Before the final judgment of adoption is entered, the adoptee must have resided for a period of one year with the petitioner or petitioners.
(2)a. An investigation shall be conducted to determine the suitability of each petitioner and the home in which the adoptee will reside, and the report of the investigation shall include, but not be limited to, all of the following:
Letters of suitability, pursuant to Chapter 13 of Title 38, for each adult living in the home of the petitioner or petitioners based on the information available in this state.
Child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.
A printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
A home safety inspection indicating that the home of the petitioner or petitioners is safe for the adoptee’s residency.
b. The limited investigation may also include other information required by Section 26-10E-19 as directed by the court, and shall be filed with the court. The limited investigation shall be filed with the court within 30 days of the date of the filing of the petition.
(3) The court, in its discretion, may:
a. Require additional information; and
b. Allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(4) The investigative report shall be submitted in a form developed by the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.
(5) The investigation shall be performed by one of the following:
a. The State Department of Human Resources.
b. A licensed child-placing agency.
c. A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.
(6) Other than those individuals and entities listed in subdivision (5), the court on its own motion may order the investigation be performed by an alternative individual or entity when the court has cause to believe the investigation is insufficient.
(7) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.
(8) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.
(9) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) The adoptee shall take the name designated by the petitioner or petitioners; provided, however, that if the adoptee is 14 years of age or older, the adoptee may elect to retain his or her current legal name, unless the court determines that the adoptee lacks the mental capacity to consent. After entry of the final judgment of adoption, the adoptee shall be treated as the legal child of the adoptive parent or parents and shall have all rights and be subject to all the duties arising from that relation.
(b) Upon the entry of the final judgment of adoption, the biological or legal parents of the adoptee, except for the spouse of an adoptive stepparent, are relieved of all parental rights and responsibility for the adoptee and shall have no parental rights over the adoptee.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) A final judgment of adoption automatically vacates any judgment or order providing a grandparent visitation with an adoptee, unless the adoptee has been adopted pursuant to Section 26-10E-26 or Section 26-10E-27.
(b) In an adoption case proceeding under Section 26-10E-26 or Section 26-10E-27, pre-adoption or post-adoption grandparent visitation rights may be granted, maintained, or modified by the court at any time before or after the final judgment of adoption is entered if it is in the best interest of the adoptee.
(c) In the case of a stepparent adoption under Section 26-10E-26, no grandparent visitation rights may be granted, maintained, or modified over the objection of the spouse of the adoptive stepparent absent compliance with Section 30-3-4.2. Otherwise, Section 30-3-4.2 shall not apply in a case involving an adoptee, but grandparent visitation rights shall be determined based upon the best interest of the adoptee.
(d) An order or judgment regarding grandparent visitation made in a case under this section may only be vacated or modified by the court that entered the order or judgment.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) The records in adoption proceedings shall be open to inspection only to each petitioner or his or her attorney, the investigator appointed under Section 26-10E-19, any guardian ad litem appointed for the adoptee under Section 26-10E-21, and any attorney retained by or appointed to represent the adoptee. These records shall be open to other persons only upon order of court for good cause shown.
(b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any individual other than the parties and their counsel, except with leave of court.
(c)a. Upon entry of the final judgment of adoption, all papers, pleadings, and other documents pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld from inspection, except as otherwise provided in this section and in Section 22-9A-12(c). No individual shall have access to such records except upon order of the court in which the final judgment of adoption was entered for good cause shown, except as provided in Section 22-9A-12(c).
b. Notwithstanding paragraph a., the adoptive parents, their attorney of record, or the adoptee upon reaching the age of majority as provided in Section 26-1-1 may petition the court for a hearing to obtain a copy of the final judgment of adoption or the interlocutory order of adoption.
(d) When the court enters a final judgment of adoption, all licensed agencies or individuals shall send a sealed information summary sheet and the non-identifying information referred to in subsection (g) in a separate summary sheet to the State Department of Human Resources. All of the following information shall be included:
(1) The birth name and adoptive name of the adoptee.
(2) The date and place of birth of the adoptee, except in the case of abandonment.
(3) The circumstances under which the adoptee came to be placed for adoption.
(4) The physical and mental condition of the adoptee, insofar as this can be determined by the aid of competent medical authority.
(5) The name and last known address, dates of birth, and Social Security numbers, if known, of the biological parents of the adoptee.
(6) The age of the biological parents at the adoptee’s birth.
(7) The nationality, ethnic background, race, and religious preference of the biological parents of the adoptee.
(8) The educational level of the biological parents of the adoptee.
(9) Any pre-adoptive brother or sister relationships of the adoptee.
(10) Whether the identity and location of the biological father of the adoptee is known or ascertainable.
(e) The State Department of Human Resources and the investigating agency’s adoption records shall be kept for a minimum term of 75 years. If a licensed child-placing agency ceases to operate in Alabama, all adoption records of the agency, including those of the adoptee, the biological family, and the adoptive family, shall be transferred to the state department.
(f) Except as otherwise provided in this section and in Section 22-9A-12(c), all files of the investigating office or agency appointed by the court under Section 26-10E-19 shall be confidential and shall be withheld from inspection except upon order of the court for good cause shown.
(g) Notwithstanding subsection (f), the State Department of Human Resources or the licensed investigating agency appointed by the court pursuant to Section 26-10E-19(f) and (i), shall furnish, upon request, to the petitioner or petitioners, the biological parents, or an adoptee 19 years of age or older, non-identifying information which shall be limited to the following:
(1) The health and medical histories of the adoptee’s biological parents.
(2) The health and medical history of the adoptee.
(3) The adoptee’s general family background, including ancestral information, without name references or geographical designations.
(4) Physical descriptions of the adoptee’s biological parents.
(5) The length of time the adoptee was in the care and custody of anyone other than the petitioner.
(6) The circumstances under which the adoptee came to be placed for adoption.
(h) Notwithstanding any other provision herein, if either the legal mother or the putative or legal father before the adoption has given written consent under oath to disclosure of identifying information that is not otherwise provided in this section and in Section 22-9A-12(c), the State Department of Human Resources or a licensed child-placing agency shall release the identifying information.
(i) If the court finds that any person has a compelling need for non-identifying information not otherwise available under subsection (g) which can only be obtained through contact with the adoptee, the adoptee’s parents, the putative father or the legal father of the adoptee before the adoption, or the adoptee’s adoptive parents, the court shall direct the agency or a mutually agreed upon intermediary to furnish the information or to establish contact with the adoptee, the adoptee’s biological parents, the putative or legal father of the adoptee before the adoption, or the adoptive parents of the adoptee in order to obtain the information needed without disclosure of identifying information to or about the applicant. The information then shall be filed with the court and released to the applicant within the discretion of the court. However, the identity and whereabouts of any individuals contacted shall remain confidential.
(j) Notwithstanding any subsection of this section to the contrary, when an adoptee reaches 19 years of age, he or she may petition the court for the disclosure of identifying information which is not otherwise provided for in this section or in Section 22-9A-12(c) if a former parent has not previously given consent under subsection (h). The court shall direct an intermediary to contact the former parents to determine if they will consent to the release of identifying information. If the former parent or parents consent to the release of identifying information the court shall so direct. If the former parent or parents are deceased, cannot be found, or do not consent to the release of identifying information, the court shall weigh the interest and rights of all the parties and determine if the identifying information should be released without the consent of the former parent.
(k) The court shall have jurisdiction to issue any orders deemed necessary to protect the confidentiality of the adoption or adoption proceedings, including, but not limited to, any protective order or injunction to prevent or limit the dissemination of any information contained in confidential or sealed records or any other information identifying the adoptee, the parties, or the witnesses in an adoption proceeding.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) Within 10 days of the final judgment being entered, the judge or the clerk of the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources electronically or by United States mail and shall send a copy of the certified final judgment of adoption to the Office of Vital Statistics electronically or by United States mail with the report of adoption in the format developed by the Office of Vital Statistics.
(b) Upon receipt of a copy of a certified final judgment of adoption from the judge or the clerk of the court for an individual born in this state, the Office of Vital Statistics shall prepare a new record of birth reflecting the registrant’s new name and the name of each adoptive parent as contained in the final judgment and report of adoption. The Office of Vital Statistics shall then place the evidence of adoption along with the original certificate of birth in a sealed file. A Certificate of Foreign Birth and sealed file, upon request, shall be created for a foreign-born individual adopted in a court in this state as provided in Section 22-9A-12(i).
(c) The new certificate of birth shall be prepared on the form or in the format prescribed by the Office of Vital Statistics following the requirements in Section 22-9A-12, Section 22-9A-19, and Title 420 of the Alabama Administrative Code, or any other rule adopted by the State Board of Health.
(d) There shall be no more than two parents listed on a new or amended birth certificate. If two parents are designated in the final judgment of adoption, those individuals are required to be married to each other at the time the final judgment of adoption is entered.
(e) A new certificate of birth shall be prepared by the Office of Vital Statistics in accordance with the current laws and rules of this state following a final judgment of adoption being entered in another state, the District of Columbia, a territory of the United States, or a foreign country.
(f) Except as otherwise provided by Section 22-9A-12(c), after the new birth certificate has been filed, the original birth certificate and the evidence of adoption are not subject to inspection except upon order of a court of competent jurisdiction for good cause shown.
(Act 2023-92, §1; Act 2025-407, §1.)
Only a parent, a parent of a deceased parent, or a relative of the degree of relationship specified in Section 26-10E-27, the State Department of Human Resources, a licensed child-placing agency, or an agency approved by the department may place, or facilitate the placement of, a minor for adoption. No person or entity other than the department or a licensed child-placing agency shall engage in the business of placing, or facilitating the placement of, minors for adoption. Any individual or entity making more than two separate and distinctive placements of minors who are unrelated to the petitioner or petitioners for adoption within the preceding 12-month period shall be deemed to be in the business of placing minors for adoption. Any other person who places, or facilitates the placement of, a minor for adoption is, upon the first conviction, guilty of a Class A misdemeanor and, upon subsequent convictions, is guilty of a Class C felony. This section does not intend to make it unlawful for any person not engaged in the business of placing, or facilitating the placement of, minors for adoption to give advice and assistance to a biological parent in an adoption. In making adoption arrangements, potential adopting parents and biological parents are entitled to the advice and assistance of legal counsel. Surrogate motherhood is not intended to be covered by this section.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) It shall be a Class A misdemeanor for any individual or agency to offer to pay money or anything of value to a parent for the placement for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor child. It shall be a Class C felony for any individual or agency to pay money or anything of value to a parent for the placement of a child for adoption, for the consent to an adoption, or for cooperation in the completion of an adoption of his or her minor child. This section does not make it unlawful, as provided in Section 26-10E-22, to pay the maternity-connected expenses, medical or hospital expenses, and necessary living expenses of the mother preceding and during pregnancy-related incapacity, as long as the payment is not contingent upon placement of the minor child for adoption, consent to the adoption, or cooperation in the completion of the adoption.
(b) It shall be a Class C felony for any individual or agency to receive any money or other thing of value for placing, assisting, or arranging for the placement of a minor for adoption. This section is not intended to prohibit legitimate charges for medical, legal, prenatal, or other professional services.
(c) Surrogate motherhood is not intended to be covered by this section.
(Act 2023-92, §1.)
Minors may be brought into Alabama for the purpose of adoption as provided in Sections 38-7-15 and 44-2-20, except that investigations shall be made as provided in Sections 26-10E-19, 26-10E-19.1, 26-10E-26, 26-10E-27, and 44-2-20.
(Act 2023-92, §1; Act 2025-407, §1.)
(a) It shall be unlawful for any individual, organization, corporation, partnership, hospital, association, any other business entity, or agency to advertise by word of mouth or through print, electronic media, including social media, telephonically, or otherwise that they will take any of the following actions:
(1) Adopt minors or assist in the adoption of minors in violation of this chapter.
(2) Place or assist in the placement of minors in foster homes, group homes, or institutions in violation of this chapter.
(3) Pay or offer money or anything of value to the parent or parents of a minor in violation of Sections 26-10E-32 or 26-10E-33.
(b) Any violation of this section shall be punished as a Class A misdemeanor.
(Act 2023-92, §1.)
Except as expressly provided in this chapter, the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence apply in any case brought under this chapter, including cases transferred to a juvenile court.
(Act 2023-92, §1.)
(a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into before the enactment of this chapter shall be governed under this chapter.
(b) This chapter shall apply to all proceedings related to minor adoptions that have not been commenced as of December 31, 2023.
(Act 2023-92, §1.)
This chapter shall be known and may be cited as the Alabama Adult Adoption Code.
(Act 2023-92, §2.)
(a) The definitions in the Alabama Minor Adoption Code, provided in Section 26-10E-2, are applicable for this chapter and have the same meaning whenever used in this chapter except where the context clearly indicates a different meaning.
(b) For the purposes of this chapter, a de facto parent-child relationship is formed when the petitioner or petitioners have been the primary caregiver for an adoptee and have provided the primary financial support for that adoptee during the time that the adoptee resided with that petitioner or petitioners during the adoptee’s minority.
(Act 2023-92, §2; Act 2025-407, §1.)
The probate court shall have original and exclusive jurisdiction over proceedings brought under this chapter.
(Act 2023-92, §2.)
(a) The petitioner or petitioners, or the adoptee, must be a resident of the State of Alabama.
(b) All petitions must be filed in the probate court of either of the following counties:
(1) The county in which the adoptee resides, or is in military service.
(2) The county in which the petitioner or petitioners resides or is in military service.
(Act 2023-92, §2.)
(a) Any adult individual may petition the court to adopt an adult as provided in this chapter.
(b) Any married couple, both of whom are adults, may jointly petition the court to adopt an adult as provided in this chapter. An adult who is married may not petition to adopt another adult unless the petition for adoption is filed jointly by his or her spouse, unless that spouse is the biological or legal parent of the adult sought to be adopted.
(c) Unless the adoptee is biologically related to the petitioner or petitioners, any petitioner seeking to adopt another adult shall be at least 10 years older than the adoptee, unless waived by the court for good cause shown.
(d) An adult may only be adopted as provided in this chapter and for the establishment of a legal parent-child relationship.
(e) The State Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
(Act 2023-92, §2; Act 2025-407, §1.)
An adult may be adopted under any of the following conditions:
(1) He or she is an individual with a total and permanent disability.
(2) He or she has been determined to be an incapacitated person as defined in Section 26-2A-20.
(3) He or she consents in writing to be adopted and is:
a. Related in any degree of kinship to the petitioner or petitioners, as defined by the intestacy laws of Alabama;
b. A stepchild or former stepchild by marriage; or
c. A United States citizen and the court is satisfied that there exists a multi-year relationship akin to that between a parent and child and the adoption is for a legitimate purpose.
(4) He or she had been in a de facto parent-child relationship with each petitioner for at least one year during the minority of the adoptee, and each petitioner has maintained a continuous familial relationship with the adoptee. This subdivision shall include, but is not limited to, a foster parent relationship with the adoptee.
(Act 2023-92, §2; Act 2025-407, §1.)
(a) A consent shall be in a sworn writing and signed by the person consenting.
(1) Only the sworn, written consent of a legally competent adoptee shall be required.
(2) If the adoptee has been adjudicated incompetent or declared to be an incapacitated person as defined in Section 26-2A-20, the sworn written consent of any legal guardian or conservator of the adoptee and a court appointed guardian ad litem shall be required. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.
(3) If the court has reason to believe that the adoptee may be unable to give consent, the court shall appoint a guardian ad litem who shall investigate the adoptee’s circumstances and that guardian ad litem shall give or withhold consent. The decision to withhold consent by the guardian ad litem may be overruled by the court as provided in Section 26-10F-10.
(4) If the adoptee is married and is incapacitated or otherwise unable to consent, the sworn written consent of his or her spouse is also required.
(b) A motion to withdraw consent may be filed at any time before the dispositional hearing on the adoption petition.
(Act 2023-92, §2.)
(a) A petition for adoption shall be filed with the clerk of the court. The petition shall be signed and verified by each petitioner and shall allege all of the following:
(1) The full name, date and place of birth, and place of residence of each petitioner and, if married, the place and date of their marriage.
(2) The date and place of birth of the adoptee.
(3) The birth name of the adoptee, any other names by which the adoptee has been known, and the adoptee’s proposed new name.
(4) Where the adoptee is residing at the time of the filing of the petition.
(5) That each petitioner desires to establish a legal parent and child relationship between himself or herself and the adoptee and that he or she is a fit and proper individual able to care for and provide for the adoptee’s welfare.
(6) The existence and nature of any prior court orders known to the petitioner which could affect the adoption of the adoptee.
(7) The relationship, if any, of each petitioner to the adoptee.
(8) The name and address of any agency, if any, providing care for the adoptee.
(9) The names and addresses of all individuals known to the petitioner at the time of filing from whom consents or notice to the adoption are required.
(10) The name and address of the spouse of the adoptee, if any.
(b) The caption of a petition for adult adoption shall be styled “In the Matter of the Adoption Petition of _____.” Each petitioner shall be designated in the caption. There shall be no more than two petitioners.
(c) The petition shall be accompanied by each of the following:
(1) A certified copy of the adoptee’s birth certificate.
(2) Certified documentation that establishes proof of a marriage of the adoptee, if applicable.
(3) Certified documentation that establishes proof of a marriage of the petitioners, if applicable.
(4) Should common law marriage be alleged, any documentation upon which the petitioners rely to prove the existence of the common law marriage.
(Act 2023-92, §2.)
(a) Unless service has been previously waived, notice of pendency of the adoption proceeding shall be served by the petitioner on each of the following:
(1) Any individual whose consent is required by Section 26-10F-7.
(2) Any legally appointed custodian or guardian of the adoptee.
(3) The spouse of the adoptee, if the adoptee is married.
(4) Any biological or legal parent of the adoptee.
(5) Any individual or entity known to any petitioner as currently having physical custody of the adoptee, if the adoptee is alleged to be an individual with a total and permanent disability or alleged to be an incapacitated person.
(6) The State Department of Human Resources.
(7) Any other individual designated by the court.
(b) A copy of the notice for adoption shall be served upon those individuals or agencies provided in subsection (a). The form for the notice shall be developed jointly by the Administrative Office of Courts and the Alabama Law Institute.
(c) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure. If notice cannot be perfected in accordance with the Alabama Rules of Civil Procedure, the court may order an alternative method of notice.
(d) The notice required by this section may be waived in writing by the individual or entity entitled to receive notice.
(e) Proof of service of the notice on all persons for whom notice is required by this section shall be filed with the court before the dispositional hearing provided in Section 26-10F-13.
(Act 2023-92, §2; Act 2025-407, §1.)
(a) All consents shall be acknowledged in open court, unless waived by the court for good cause shown.
(b) If a guardian ad litem has been appointed for the adult sought to be adopted, the following procedures apply:
(1) The guardian ad litem shall file with the court a written report stating the basis for the decision to give or withhold consent.
(2) The court shall hold a hearing to allow all parties to present evidence as to whether it would be in the best interest of the adult person to be adopted by the petitioner or petitioners.
(c) If the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interest of the incapacitated person, the court may proceed to make any other orders it deems necessary for the adult person’s welfare, including granting the petition for adoption.
(Act 2023-92, §2; Act 2025-407, §1.)
(a) No investigation shall be required in any adult adoption unless ordered by the court to determine if the best interest of the adoptee will be served by granting the petition for adoption. The court shall determine the scope of the investigation.
(b) If the probate court in which a petition for the adoption of an adult is filed considers an investigation to be a necessity, the probate court may order either of the following:
(1) The type of investigation that is conducted in an adoption of a minor adoptee pursuant to Sections 26-10E-19, 26-10E-19.1, 26-10E-26, and 26-10E-27.
(2) Any other inquiry that the court considers advisable.
(c) Any investigation ordered by the court shall be performed by the State Department of Human Resources or anyone appointed by the court who the court deems as qualified and appropriate based on the scope of the investigation.
(Act 2023-92, §2; Act 2025-407, §1.)
(a) Upon the filing of a pleading or a motion by a party contesting the adoption, the probate court may not transfer the case or any part of the case to another court of this state, and shall forthwith set the matter for a contested hearing to determine each of the following:
(1) Whether the best interest of the adoptee will be served by the adoption.
(2) Whether the adoptee is available for adoption by each petitioner and whether each petitioner qualifies to adopt the adoptee within the requirements of this chapter.
(3) Whether all necessary consent has been given and, if so, the validity of each consent.
(4) Whether an express consent has been or may be withdrawn.
(b) The court shall give at least 14 days notice of the contested hearing by United States mail to all parties who have appeared before the court unless notice has been waived in writing. The party contesting the adoption and each petitioner shall be present at the contested hearing. A guardian ad litem shall appear and represent the interest of the adoptee. Any contestant who is an incapacitated person shall also be represented by a guardian ad litem in addition to any counsel retained by the contestant.
(c) The court may continue the hearing from time to time to permit notice to all parties or to permit further discovery, observation, investigation, or consideration of any fact or circumstance affecting the granting or denial of the adoption petition. The court may order the investigator appointed under Section 26-10F-11, or a court representative to investigate allegations underlying the contest or the whereabouts of any person entitled to notice of the proceeding.
(d) At the conclusion of the contested hearing, the court shall decide the contest as soon as practicable. If it is determined by the court that the adoption petition should be denied, the court shall enter a final judgment denying the contest. The entry of a final judgment denying a contest terminates the status of the contestant as a party to the adoption proceedings and terminates the contestant’s right to notice of further adoption proceedings.
(e) At the contested hearing, the court shall consider any motion of the petitioner or petitioners to obtain reimbursement for all reasonable medical and living expenses incidental to the care and well-being of the adoptee for the time the adoptee resided with the petitioner or petitioners where the adoptee is an incapacitated adult. If the adoption is denied, the probate court, unless just cause is shown otherwise by the contestant, shall order such reimbursement.
(f) Upon denial of a contest, the court, unless just cause is shown otherwise by the contestant, shall issue an order for reimbursement to the petitioner or petitioners of the legal costs incurred by each petitioner incidental to the contest.
(Act 2023-92, §2; Act 2025-407, §1.)
(a) The petition for adoption shall be set for a dispositional hearing within a reasonable period after the filing of the petition and all necessary documents, including an investigative report if ordered by the court.
(b) The court shall enter an order establishing a date, time, and place for the hearing on the petition, and each petitioner and the individual to be adopted shall appear at the hearing in person. If the court determines that such appearance is impossible or impractical, appearance may be made by electronic means, upon good cause shown to the court.
(c) At the dispositional hearing, the court shall grant a final judgment of adoption if it finds each of the following based on clear and convincing evidence:
(1) The adoptee meets one of the qualifications under Section 26-10F-6.
(2) The required consents and all other necessary documents have been properly executed and have been filed with the court. The necessary documents shall include, but are not limited to, each of the following:
a. The petition for adoption.
b. All required consents.
c. Proof of service of notice on all persons required to receive notice.
d. Marriage certificates of the petitioners and adoptee, if applicable.
e. Copies of certified birth certificates or the equivalent thereof of each petitioner and adoptee, issued within six months of the filing of the petition.
f. The Alabama Report of Adoption Form.
g. Proof of incapacity or total and permanent disability, if applicable.
h. Proof of kinship or a de facto parent and child relationship pursuant to Section 26-10F-6, if applicable.
i. Any other documentation required by the court.
(3) Any contests have been resolved in favor of the petitioner or petitioners.
(4) That each petitioner is a suitable adopting parent and desires to establish a legal parent and child relationship between himself or herself and the adoptee.
(5) That all parties, to the best of their ability, understand the significance and ramifications of the adoption and are not acting under duress, coercion, or undue influence.
(6) That the best interest of the adoptee is served by the adoption and that there is no reason in the public interest or otherwise why the petition should not be granted.
(7) That all other requirements of this chapter have been met.
(d) If all the requirements of subsection (c) are met, the court may enter its finding in a written final judgment of adoption, granting the petition for adoption.
(e) The final judgment of adoption shall terminate the parent and child relationship of one or both of the legal parents of the adoptee and shall order the substitution of the name of each legal parent whose relationship has been terminated on the amended birth certificate with the name of each petitioner. There shall be no more than two individuals named as petitioner.
(f) If the court grants the adoptee’s request for a new name, the adoptee’s new name shall be included in the final judgment of adoption and placed on the amended birth certificate.
(g) The final judgment of adoption shall further order that from the date of the judgment of adoption, the adoptee shall be the child of the petitioner or petitioners, and that the adoptee shall be accorded the status set forth in Section 26-10F-16(b).
(h) A final judgment of adoption may not be collaterally attacked after the expiration of one year from the entry of the final judgment of adoption, and after all appeals, if any, except in each of the following situations:
(1) Fraud relating to the adoption proceedings.
(2) The adoptee has been kidnapped.
(3) An adoptive parent subsequent to the final judgment of adoption has been convicted of a sexual offense, as provided in Section 15-20A-5, involving the adoptee.
(Act 2023-92, §2; Act 2025-407, §1.)
(a)(1) For the purposes of this chapter, a final judgment is one of the following:
a. The court adjudicates whether a consent has been withdrawn.
b. The court adjudicates a contest to an adoption pursuant to Section 26-10F-12.
c. The court grants or denies the petition for adoption.
(2) A final judgment under this chapter shall be entered in accordance with Rule 58 of the Alabama Rules of Civil Procedure.
(b) A party may file a post judgment motion challenging any final judgment entered under this chapter. Any post judgment motion must be filed within 14 days of the entry of final judgment and no post judgment motion may remain pending for more than 14 days, at which time it shall be deemed denied by operation of law.
(c) A party may appeal any final judgment entered by a court under this chapter. An appeal may be made to the Alabama Court of Civil Appeals by the proper filing of a notice of appeal with the clerk of the court entering the final judgment within 14 days of the entry of the final judgment, subject to Rule 4(a)(3) of the Alabama Rules of Appellate Procedure and Rule 77(d) of the Alabama Rules of Civil Procedure.
(Act 2023-92, §2.)
(a) If determined to be in the best interest of the adoptee or parties, the court may determine a hearing shall be closed.
(b) Upon motion by the adoptee or parties and for good cause shown, the court shall have jurisdiction to issue any orders deemed necessary to protect the confidentiality of the adoption or adoption proceedings, including, but not limited to, any protective order or injunction to prevent or limit the dissemination of any information contained in confidential or sealed records or any other information identifying the adoptee, the parties, or the witnesses in an adoption proceeding. Part or all of the record may also be sealed pursuant to procedure established by applicable statute, rule, and existing case law.
(c) When the court enters a final judgment of adoption, the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources in the manner prescribed by Section 26-10F-17(a).
(Act 2023-92, §2; Act 2025-407, §1.)
(a) A judgment granting a petition for adoption of an adult may order a change in the name of the adoptee unless the court finds that the change of name is requested for fraudulent or criminal purposes; provided, however, that the court may not change the name of an adoptee who is a sex offender as provided in Section 15-20A-36.
(b) After the final judgment of adoption, the adoptee shall be treated as the legal child of each adopting parent and shall have all rights and be subject to all the duties arising from that relation.
(c) Upon the final judgment of adoption, the biological or legal parents of the adoptee, except for a biological or legal parent who is the spouse of the adopting parent, are relieved of all parental rights and responsibilities for the adoptee.
(Act 2023-92, §2; Act 2025-407, §1.)
(a) Within 10 days of the final judgment being entered, the judge or the clerk of the court shall send a copy of the certified final judgment of adoption to the State Department of Human Resources electronically or by United States mail and shall send a copy of the certified final judgment of adoption to the Office of Vital Statistics electronically or by United States mail with the report of adoption in the format developed by the Office of Vital Statistics.
(b) Upon receipt of a copy of any certified final judgment of adoption from the judge or the clerk of the court for an individual born in this state, the Office of Vital Statistics shall prepare an amended record of birth reflecting the registrant’s new name and the name of each adopting parent as contained in the final judgment and report of adoption. The original birth certificate or evidence of adoption may not be sealed unless otherwise ordered by the court granting the adoption. If the court orders the documents to be sealed, the adoptee may request the original birth certificate and evidence of adoption as provided by Section 22-9A-12(c).
(c) Upon receipt of a copy of a certified final judgment of adoption from the judge or the clerk of the court for a foreign-born individual adopted in a court in this state, the Office of Vital Statistics, upon request, shall create a Certificate of Foreign Birth and sealed file as provided in Section 22-9A-12(i).
(Act 2023-92, §2; Act 2025-407, §1.)
Except as expressly provided in this chapter, the Alabama Rules of Civil Procedure and the Alabama Rules of Evidence apply in any case brought under this chapter.
(Act 2023-92, §2.)
(a) Final judgments of adoptions entered into before January 1, 2024, are valid and remain in effect as they existed prior to the enactment of this chapter except that proceedings after final judgments of adoption entered into before the enactment of this chapter shall be governed under this chapter.
(b) This chapter shall apply to all proceedings related to adult adoptions that have not been commenced as of December 31, 2023.
(Act 2023-92, §2.)
The marriage of the mother and reputed father of a bastard child renders it legitimate if the child is recognized by the father as his child.
(Code 1852, §2008; Code 1867, §2404; Code 1876, §2742; Code 1886, §2364; Code 1896, §364; Code 1907, §5199; Code 1923, §9299; Code 1940, T. 27, §10.)
(a) A father of a bastard child may seek to legitimate it and render it capable of inheriting his estate by filing a notice of declaration of legitimation in writing attested by two witnesses, setting forth the name of the child proposed to be legitimated, its sex, supposed age, and the name of mother and that he thereby recognizes it as his child and capable of inheriting his estate, real and personal, as if born in wedlock. The declaration, being acknowledged by the maker before the judge of probate of the county of the father’s residence or the child’s residence or its execution proved by the attesting witnesses, shall be filed in the office of the judge of probate of the father’s residence or the child’s residence.
(b) Upon the filing of the declaration of legitimation, notice shall be given to the child’s mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child’s mother shall, within 30 days after receiving notice, file her objection or consent to the legitimation with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother’s response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether legitimation is in the best interest of the child. The court shall issue an order of legitimation or denial of declaration of legitimation.
(c) Upon legitimation of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.
(Code 1852, §2009; Code 1867, §2405; Code 1876, §2743; Code 1886, §2365; Code 1896, §365; Code 1907, §5200; Code 1923, §9300; Code 1940, T. 27, §11; Acts 1959, No. 640, p. 1555; Acts 1961, No. 802, p. 1165; Acts 1961, Ex. Sess., No. 175, p. 2136; Acts 1981, No. 81-800, p. 1407, §1.)
(a) The father may petition at the time of filing the declaration of legitimation or at any time subsequent to the determination of legitimation to change the name of such child, stating in his declaration the name it is then known by and the name he wishes it afterwards to have. Such petition shall be filed in the office of the judge of probate of the father’s residence or the child’s residence.
(b) Upon the filing of the petition for name change, notice shall be given to the child’s mother and to the child as provided by the Alabama Rules of Civil Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child’s mother shall, within 30 days after receiving notice, file her objection or consent to the name change with the probate court. The probate court shall appoint a guardian ad litem to represent the child if the mother files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the mother’s response or upon expiration of the time for her response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether the name change is in the best interest of the child. The court shall issue an order of name change or denial of name change.
Upon change of the name of the child, a certified copy of the minutes of the court shall be sent by the judge of probate to the Office of Vital Statistics, State Board of Health, and to the Registrar of Vital Statistics of the county where the petition was filed within 30 days after the minutes are recorded.
(Code 1852, §2010; Code 1867, §2406; Code 1876, §2744; Code 1886, §2366; Code 1896, §366; Code 1907, §5201; Code 1923, §9301; Code 1940, T. 27, §12; Acts 1981, No. 81-800, p. 1407, §2.)
The several juvenile courts of the state are authorized to relieve minors over 18 years of age from the disabilities of nonage in the following cases and none other:
(1) Whenever the father or the mother of such minor shall file a petition with the court, in writing, requesting that such minor be relieved from the disabilities of nonage, and the court shall be satisfied that it is to the best interest of such minor. The parent filing such petition shall aver whether he or she is the guardian of such minor.
(2) Whenever any such minor, having no father, mother, or guardian, or if a parent is living but is insane or has abandoned such minor for one year, shall file a petition with the court to be relieved of the disabilities of nonage, and the court shall be satisfied that it is to the interest of such minor.
(3) Whenever any such minor, having no father or mother, or if a parent is living but is insane or has abandoned such minor for one year, but having a guardian, shall file a petition with the juvenile court to be relieved from the disabilities and the guardian shall join in such petition and the court shall be satisfied that it is to the interest of such minor.
(Code 1876, §2735; Code 1886, §2357; Code 1896, §829; Code 1907, §4505; Acts 1923, No. 562, p. 735; Code 1923, §8280; Acts 1936-37, Ex. Sess., No. 95, p. 110; Code 1940, T. 27, §13.)
The petition must be filed in the county in which the parent or guardian of such minor resides or in the county in which the guardianship of such minor is pending when the petition is filed by the parent or guardian and in the county where the minor resides when the petition is filed by a minor who has no parents or guardian or whose parents reside beyond the limits of the state and such minor resides in this state. In the event that the parent, guardian, or minor filing such petition resides beyond the limits of the State of Alabama, then the petition may be filed in the county in which the guardianship of such minor is pending or in the county where the minor owns any real or personal property.
(Code 1876, §2736; Code 1886, §2358; Code 1896, §830; Code 1907, §4506; Code 1923, §8281; Acts 1936, Ex. Sess., No. 189, p. 222; Code 1940, T. 27, §14.)
Whenever the petition is filed by the minor and the guardian it shall be the duty of the clerk to give notice of the filing of such petition in some newspaper published in the county or, if no newspaper is published in such county, then in such manner as may be prescribed by the judge. Such notice shall be given once a week for three successive weeks before the time of hearing such petition. Whenever the petition is filed under subdivision (1) of Section 26-13-1, a copy of the petition must be served on the minor by the sheriff if the minor resides in this state or, if a nonresident or absent from the state, by registered or certified mail.
(Code 1876, §2737; Code 1886, §2359; Code 1896, §831; Code 1907, §4507; Code 1923, §8282; Acts 1936, Ex. Sess., No. 191, p. 225; Code 1940, T. 27, §15.)
Upon the hearing of such petition, any person may contest the granting of same upon giving security for costs of such contest. All evidence touching such petition shall be taken in such manner as may be directed by the court.
(Code 1876, §2738; Code 1886, §2360; Code 1896, §832; Code 1907, §4508; Code 1923, §8283; Code 1940, T. 27, §16.)
If on the hearing of the evidence adduced and upon such other evidence as may be required by the court, the court shall be satisfied that it will be to the interest of such minor to be relieved from the disabilities of nonage, the court shall thereupon enter judgment accordingly, and such judgment shall have the effect of investing such minor with the right to sue and be sued, to contract, to buy, sell, and convey real estate, and generally to do and perform all acts which such minor could lawfully do if 19 years of age, except as provided in this chapter.
(Code 1876, §2739; Code 1886, §2361; Code 1896, §833; Code 1907, §4509; Code 1923, §8284; Code 1940, T. 27, §17.)
The court, in its judgment, may, if it deems it advisable, restrict and qualify the rights of a minor relieved from the disabilities of nonage, as to acquittances to, and contracts with guardians, executors, administrators, trustees, and other persons indebted to such minor, to such an extent as to the court may seem proper in each particular case. Such restrictions shall be fully set forth in the judgment relieving such minor from the disabilities of nonage.
(Code 1876, §2740; Code 1886, §2362; Code 1896, §834; Code 1907, §4510; Code 1923, §8285; Code 1940, T. 27, §18.)
Every minor relieved of the disabilities of nonage under the provisions of this chapter must file a certified copy of the judgment relieving him from such disabilities in the office of the judge of probate in each of the counties in which such minor shall thereafter reside and in the office of the judge of probate of each county in the state where such minor shall do any business or make any contracts. It shall be the duty of the judge of probate to record the judgment and keep the same for the inspection of the public.
(Code 1876, §2741; Code 1886, §2363; Code 1896, §835; Code 1907, §4511; Code 1923, §8286; Code 1940, T. 27, §19.)
A copy of a judgment entered by a court of competent jurisdiction of another state of the United States, duly certified according to the acts of Congress of the United States, relieving a minor nonresident of this state of the disabilities of nonage may be recorded in the probate office of any county in this state where such minor owns property, and when so recorded the judgment shall have the same force and effect throughout this state as in the state where entered.
(Acts 1909, No. 74, p. 228; Code 1923, §8287; Code 1940, T. 27, §20.)
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) ABUSE. Harm or threatened harm to a child’s health or welfare. Harm or threatened harm to a child’s health or welfare can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children as those acts are defined by Alabama law. Sexual exploitation includes allowing, permitting, or encouraging a child to engage in prostitution and allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child for commercial purposes.
(2) NEGLECT. Negligent treatment or maltreatment of a child, including the failure to provide adequate food, medical treatment, supervision, clothing, or shelter.
(3) CHILD. Either of the following:
a. A person under the age of 18 years.
b. A person under the age of 19 years who is in need of protective services and does not qualify for adult protective services under Chapter 9 of Title 38.
(4) DULY CONSTITUTED AUTHORITY. The chief of police of a municipality or municipality and county; or the sheriff, if the observation of child abuse or neglect is made in an unincorporated territory; or the Department of Human Resources; or any person, organization, corporation, group, or agency authorized and designated by the Department of Human Resources to receive reports of child abuse and neglect; provided, that a duly constituted authority shall not include an agency involved in the acts or omissions of the reported child abuse or neglect.
(Acts 1975, No. 1124, p. 2213, §1; Acts 1981, No. 81-615, p. 1031; Acts 1981, No. 81-789, p. 1387; Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §2; Act 2019-447, §1.)
In order to protect children whose health and welfare may be adversely affected through abuse and neglect, the Legislature hereby provides for the reporting of such cases to the appropriate authorities. It is the intent of the Legislature that, as a result of such efforts, and through the cooperation of state, county, local agencies and divisions of government, protective services shall be made available in an effort to prevent further abuses and neglect, to safeguard and enforce the general welfare of such children, and to encourage cooperation among the states in dealing with the problems of child abuse.
(Acts 1975, No. 1124, p. 2213, §1.)
AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.
(a) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, medical examiners, coroners, dentists, osteopaths, optometrists, chiropractors, podiatrists, physical therapists, nurses, public and private K-12 employees, school teachers and officials, peace officers, law enforcement officials, pharmacists, social workers, day care workers or employees, mental health professionals, employees of public and private institutions of postsecondary and higher education, members of the clergy as defined in Rule 505 of the Alabama Rules of Evidence, or any other person called upon to render aid or medical assistance to any child, when the child is known or suspected to be a victim of child abuse or neglect, shall be required to report orally, either by telephone or direct communication immediately, and shall be followed by a written report, to a duly constituted authority.
(b)(1) When an initial report is made to a law enforcement official, the official subsequently shall inform the Department of Human Resources of the report so that the department can carry out its responsibility to provide protective services when deemed appropriate to the respective child or children.
(2) As soon as is practicable after a report of known or suspected child abuse or neglect is made, the Department of Human Resources shall make efforts to determine the military status of the parent or guardian of the child who is the subject of the child abuse or neglect allegation.
(3) If the Department of Human Resources determines that a parent or guardian under subdivision (2) is in the military, the department shall notify a United States Department of Defense family advocacy program at the military installation of the parent or guardian that there is an allegation of child abuse or neglect that is being investigated that involves a child of the military parent or guardian.
(c) When the Department of Human Resources receives initial reports of suspected abuse or neglect, as defined in Section 26-14-1, including suspected abuse or neglect involving discipline or corporal punishment committed in a public or private school or suspected abuse or neglect in a state-operated child residential facility, the Department of Human Resources shall transmit a copy of school reports to the law enforcement agency and residential facility reports to the law enforcement agency and the operating state agency which shall conduct the investigation. When the investigation is completed, a written report of the completed investigation shall contain the information required by the state Department of Human Resources which shall be submitted by the law enforcement agency or the state agency to the county department of human resources for entry into the state’s central registry.
(d) Nothing in this chapter shall preclude interagency agreements between departments of human resources, law enforcement, and any other state agencies on procedures for investigating reports of suspected child abuse and neglect to provide for departments of human resources to assist law enforcement and other state agencies in these investigations.
(e) Any provision of this section to the contrary notwithstanding, if any agency or authority investigates any report pursuant to this section and the report does not result in a conviction, the agency or authority shall expunge any record of the information or report and any data developed from the record.
(f) Subsection (a) to the contrary notwithstanding, a member of the clergy shall not be required to report information gained solely in a confidential communication privileged pursuant to Rule 505 of the Alabama Rules of Evidence which communication shall continue to be privileged as provided by law.
(g) Commencing on August 1, 2013, a public or private employer who discharges, suspends, disciplines, or penalizes an employee solely for reporting suspected child abuse or neglect pursuant to this section shall be guilty of a Class C misdemeanor.
(Acts 1965, No. 563, p. 1049, §1; Acts 1967, No. 725, p. 1560; Acts 1975, No. 1124, p. 2213, §1; Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §3; Act 2003-272, p. 645, §1; Act 2013-201, p. 416, §1; Act 2016-354, §2; Act 2017-257, §1.)
In addition to those persons, firms, corporations, and officials required by Section 26-14-3 to report child abuse and neglect, any person may make such a report if such person has reasonable cause to suspect that a child is being abused or neglected.
(Acts 1975, No. 1124, p. 2213, §1.)
The reports provided for in this chapter shall state, if known, the name of the child, his or her whereabouts, the names and addresses of the parents, guardian, or caretaker, and the character and extent of his or her injuries. The written report shall also contain, if known, any evidence of previous injuries to the child and any other pertinent information which might establish the cause of such injury or injuries, and the identity of the person or persons responsible for the same.
(Acts 1965, No. 563, p. 1049, §2; Acts 1975, No. 1124, p. 2213, §1.)
A police officer, a law enforcement official, or a designated employee of the State or County Department of Human Resources may take a child into protective custody, or any person in charge of a hospital or similar institution or any physician treating a child may keep that child in his or her custody, without the consent of the parent or guardian, whether or not additional medical treatment is required, if the circumstances or conditions of the child are such that continuing in his or her place of residence or in the care and custody of the parent, guardian, custodian, or other person responsible for the child’s care presents an imminent danger to that child’s life or health. However, such official shall immediately notify the court having jurisdiction over juveniles of such actions in taking the child into protective custody; provided, that such custody shall not exceed 72 hours and that a court of competent jurisdiction and the Department of Human Resources shall be notified immediately in order that child-protective proceedings may be initiated. During such period of temporary custody, the director of the county department of human resources may give or cause to be given effective consent for medical, dental, health, and hospital services for any abused or neglected child.
(Acts 1975, No. 1124, p. 2213, §1.)
The duty and responsibility for the investigation of reports of suspected child abuse or neglect shall be as follows:
(1) Reports of suspected child abuse or neglect involving disciplinary or corporal punishment committed in a public or private school or kindergarten shall be investigated by law enforcement agencies.
(2) Reports of suspected child abuse or neglect committed in a state-operated child residential facility shall be investigated by law enforcement agencies.
(3) All other reports of suspected child abuse and neglect shall be investigated by the Department of Human Resources.
(Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §1.)
(a) The State or County Department of Human Resources shall make a thorough investigation promptly upon either the oral or written report. The primary purpose of such an investigation shall be the protection of the child.
(b) The investigation, to the extent that is reasonably possible, shall include:
(1) The nature, extent and cause of the child abuse or neglect;
(2) The identity of the person responsible therefor;
(3) The names and conditions of other children in the home;
(4) An evaluation of the parents or person responsible for the care of the child;
(5) The home environment and the relationship of the child or children to the parents or other persons responsible for their care; and
(6) All other data deemed pertinent.
(c) The investigation may include a visit to the child’s home, an interview with the subject child, and may include a physical, psychological, or psychiatric examination of any child or children in that home. If the admission to the home, school, or any other place that the child may be, or permission of the parent or other persons responsible for the child or children, for the physical, psychological, or psychiatric examination, cannot be obtained, then a court of competent jurisdiction, upon cause shown, shall order the parents or persons responsible and in charge of any place where the child may be to allow the interview, examinations, and investigation. If, before the examination is complete, the opinion of the investigators is that immediate removal is necessary to protect a child or children from further abuse or neglect, a court of competent jurisdiction, on petition by the investigators and with good cause being shown, shall issue an order for temporary removal and custody.
(d) The county department of human resources shall make a complete written report of the investigation, together with its recommendations. Such reports may be made available to the appropriate court, the district attorney, and the appropriate law enforcement agency upon request. The county department of human resources shall make a written report or case summary, together with services offered and accepted to the state’s central registry on forms supplied by the registry for that purpose.
(Acts 1975, No. 1124, p. 2213, §1.)
Any person who comes under investigation by the Department of Human Resources for the abuse or neglect of a child or children and who is employed by, serves as a volunteer for, holds a license or certificate for, or is connected with any facility, agency, or home which cares for and controls any children and which is licensed, approved, or certified by the state, operated as a state facility, or any public, private, or religious facility or agency that may be exempt from licensing procedures shall be granted the following due process rights by the Department of Human Resources:
(1) The department shall notify the alleged perpetrator that an investigation has commenced against him or her after such investigation has officially begun in accordance with written policies established by the Department of Human Resources. The notice shall be in writing and shall state the name of the child or children allegedly abused, the date or dates that the alleged abuse is thought to have occurred, and the substance of the person’s actions which are alleged to be abusive. The department shall establish and maintain written policies outlining the specifics of such notification and other policies deemed necessary and prudent by the department to inform the alleged perpetrator of his rights and the procedures utilized by the department involving child abuse and neglect investigations.
(2) If the department conducts an investigation relating to child abuse/neglect, the alleged perpetrator shall be notified of the investigator’s conclusions.
(3) If the department’s investigators conclude that child abuse/neglect is indicated, an investigative hearing may be held to confirm or reject the investigators’ conclusions.
(4) The alleged perpetrator shall be given ten departmental working days from the receipt of the notification of the investigator’s conclusions to request a hearing, and such request must be in writing. If no such request is received in the department’s office within ten departmental working days, the alleged perpetrator’s opportunity for a hearing shall be considered waived by the department.
(5) The employer of an alleged perpetrator shall not be notified of the investigator’s conclusions prior to a hearing or its waiver unless, in the opinion of the department’s investigators, a child is in danger of abuse or neglect; in such case, any person in a position to discover, prevent, or protect the child from his abuse or neglect may be informed of information gathered in the investigation prior to a requested investigative hearing for the alleged perpetrator.
(6) The alleged perpetrator shall be notified of the date, time, and place of any investigative hearing. Such hearing shall not be open to the public.
(7) The alleged perpetrator shall have the following rights at any departmental investigative hearing:
a. The right to present his case himself or be represented by legal counsel or any other person.
b. The right to present written evidence, oral testimony, and witnesses.
c. The right to be provided by the department a short and plain written statement of the matters asserted which will be presented at the hearing.
d. The right to review and copy at cost any written or recorded statement made by the alleged perpetrator to departmental personnel in the course of the child abuse/neglect investigation. This request must be made prior to the date for the hearing.
e. The right to review and copy at cost, before or during the hearing, the written material and other evidence in possession of the department which will be placed into evidence at the hearing.
f. The right to inspect any exculpatory evidence which may be in the possession of departmental investigators, and the right to be informed of such evidence if known by departmental investigators before the hearing; provided, that a request for such evidence is made at least five working days prior to the date set for the hearing.
g. The right to review and copy at cost all non-confidential department documents pertinent to the case, including written policies and rights.
h. The right to cross-examine witnesses testifying at the hearing.
i. The right to request issuance of subpoenas to witnesses and compel attendance. This request must be received no later than ten calendar days prior to the hearing, unless a shorter time is agreed upon by the hearing officer.
j. The right to review and copy at cost all documents in the official hearing file maintained by the hearing officer.
k. The right to have a hearing officer appointed who shall be disinterested, fair, and impartial.
(8) The Department of Human Resources or its investigative hearing officers shall have the power and authority to issue subpoenas to compel attendance by and production of documents from any witness. Subpoenas may be served in the same manner as subpoenas issued out of any circuit court. Where any witness has been summoned by the Department of Human Resources, its commissioner or any of his or her agents, and the witness refuses to appear, testify, or produce records or documents as requested; then any circuit court in this state, or any judge thereof, on application, may issue an attachment for such person and compel him or her to comply with such order and the court or judge shall have power to punish for contempt in cases of disobedience of such order.
(9) The Department of Human Resources shall establish policies and written guidelines for the conduct and procedures involved in an investigative hearing. At such hearing, the fact that there was a finding by a juvenile court judge or by a criminal court that child abuse or neglect has occurred shall be presumptive evidence that the report should be marked indicated.
(10) The hearing officer shall notify the alleged perpetrator in writing of the hearing officer’s decision.
(11) Results of investigative hearings:
a. If the hearing officer concludes that child abuse and/or neglect is “indicated,” such findings and evidence shall be filed with the appropriate district attorney and other law enforcement officials which the department may deem necessary.
b. The alleged perpetrator’s employer or licensing/certifying agency or group may also be notified of the “indicated” findings. Such notification shall be marked “Confidential” and “To Be Used Only For The Purpose Of Discovery Or Preventing Child Abuse.” The department shall establish written policies for notification of employers, prospective employers and licensing/certifying agencies or groups.
(Acts 1992, 2nd Ex. Sess., No. 92-704, p. 176, §1.)
(a) When an investigation of child abuse or neglect by the Department of Human Resources determines that a parent or legal guardian legitimately practicing his or her religious beliefs has not provided specific medical treatment for a child, the parent or legal guardian shall not be considered a negligent parent or guardian for that reason alone. This exception shall not preclude a court from ordering that medical services be provided to the child when the child’s health requires it.
(b) The department may, in any case, pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, as may be necessary to provide medical care or treatment for a child when the care or treatment is necessary to prevent or remedy serious harm to the child, or to prevent the withholding of medically indicated treatments from infants with disabilities and with life-threatening conditions. Upon application by the department, the court may issue prelitigation or pretrial discovery orders for persons, medical records, and other documents or materials.
(Acts 1993, 1st Ex. Sess., No. 93-890, p. 162, §4; Act 98-371, p. 673, §1.)
(a) For the purposes of this section, the following words shall have the following meanings, respectively:
(1) INDICATED. When credible evidence and professional judgment substantiates that an alleged perpetrator is responsible for child abuse or neglect.
(2) NOT INDICATED. When credible evidence and professional judgment does not substantiate that an alleged perpetrator is responsible for child abuse or neglect.
(b) The Department of Human Resources shall establish a statewide central registry for reports of child abuse and neglect made pursuant to this chapter. The central registry shall contain, but shall not be limited to:
(1) All information in the written report;
(2) Record of the final disposition of the report, including services offered and services accepted;
(3) The names and identifying data, dates, and circumstances of any persons requesting or receiving information from the registry; provided, however, that requests for information and responses where no report exists may be destroyed after three years from the date of the request;
(4) The plan for rehabilitative treatment; and
(5) Any other information which might be helpful in furthering the purposes of this chapter.
(c) The Department of Human Resources shall establish and enforce reasonable rules and regulations governing the custody, use, and preservation of the reports and records of child abuse and neglect. Child abuse and neglect reports and records shall be limited to the purposes for which they are furnished and by the provisions of law under which they may be furnished. The reports and records of child abuse and neglect and related information or testimony shall be confidential, and shall not be used or disclosed for any purposes other than:
(1) To permit their use to prevent or to discover abuse or neglect of children through the information contained therein, except reports or records in cases determined to be “not indicated” shall not be used or disclosed for purposes of employment or other background checks; or
(2) For investigation of child abuse or neglect by the police or other law enforcement agency; or
(3) For use by a grand jury upon its determination that access to such reports and records is necessary in the conduct of its official business; or
(4) For use by a court where it finds that such information is necessary for the determination of an issue before the court; or
(5) For use by any person engaged in bona fide research who is authorized to have access to such information by the Commissioner of the Department of Human Resources; or
(6) For use by any person authorized by a court to act as a representative for an abused or neglected child who is the subject of a report; or
(7) For use by a physician who has before him a child whom he reasonably suspects may be abused or neglected; or
(8) For use by an attorney or guardian ad litem in representing or defending a child or its parents or guardians in a court proceeding related to abuse or neglect of the child; or
(9) For use by federal, state, or local governmental entities, social service agencies of another state, or any agent of such entities, having a need for the information in order to carry out their responsibilities under law to protect children from abuse and neglect; or
(10) For use by child abuse citizen review or quality assurance or multidisciplinary review panels; or
(11) For use by child fatality review panels; or
(12) For public disclosure of the findings or information about the case of child abuse or neglect which has resulted in a child fatality or near fatality; the term “near fatality” means an act that, as certified by a physician, places the child in serious or critical condition. Information identifying by name persons other than the victim shall not be disclosed.
(d) The names of persons or information in the investigative report placed on the state’s central registry which may be made available to the alleged perpetrator’s employer, prospective employer, or others are those cases that the Department of Human Resources or the investigative hearing officer has determined child abuse or neglect to be indicated.
(e) In the case of any child abuse or neglect investigation which is determined to be “not indicated,” the alleged perpetrator may request after five years from the completion of the investigation that his or her name be expunged from the central registry so long as the Department of Human Resources has received no further reports concerning the alleged perpetrator during the five years, at which time the department shall expunge the name.
(f) Nothing in this section shall be construed as restricting the ability of a department to refuse to disclose identifying information concerning the individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that the department may not refuse such a disclosure in cases in which a court orders such disclosure after the court has reviewed, in camera, the record of the department related to the report or complaint and has determined that it has reason to believe that the person making the report knowingly made a false report.
(g) Any person receiving reports or records of child abuse or neglect or related information under this section shall maintain the confidentiality of the documents and information and not disclose it except as authorized by law.
(h) Any violation of the provision of confidentiality shall be a Class A misdemeanor.
(Acts 1975, No. 1124, p. 2213, §1; Acts 1992, 2nd Ex. Sess., No. 92-704, p. 176, §2; Act 98-371, p. 673, §1.)
Any person, firm, corporation, or official, including members of a multidisciplinary child protection team, quality assurance team, child death review team, or other authorized case review team or panel, by whatever designation, participating in the making of a good faith report in an investigation or case review authorized under this chapter or other law or department practice or in the removal of a child pursuant to this chapter, or participating in a judicial proceeding resulting therefrom, shall, in so doing, be immune from any liability, civil or criminal, that might otherwise be incurred or imposed.
(Acts 1965, No. 563, p. 1049, §3; Acts 1975, No. 1124, p. 2213, §1; Act 98-371, p. 673, §1.)
The doctrine of privileged communication, with the exception of the attorney-client privilege, shall not be a ground for excluding any evidence regarding a child’s injuries or the cause thereof in any judicial proceeding resulting from a report pursuant to this chapter.
(Acts 1965, No. 563, p. 1049, §4; Acts 1975, No. 1124, p. 2213, §1.)
In every case involving an abused or neglected child which results in a judicial proceeding, an attorney shall be appointed to represent the child in such proceedings. Such attorney will represent the rights, interests, welfare, and well-being of the child, and serve as guardian ad litem for the child.
(Acts 1975, No. 1124, p. 2213, §1.)
The State Department of Human Resources may establish such regulations as may be necessary to implement this chapter and to encourage cooperation with other states in exchanging reports to effect a national registration system.
(Acts 1975, No. 1124, p. 2213, §1.)
Any person who shall knowingly fail to make the report required by this chapter shall be guilty of a misdemeanor and shall be punished by a sentence of not more than six months’ imprisonment or a fine of not more than $500.00.
(Acts 1965, No. 563, p. 1049, §5; Acts 1975, No. 1124, p. 2213, §1.)
This chapter shall be known and may be cited as the Alabama Child Abuse Act.
(Acts 1977, No. 502, p. 658, §1.)
As used in this chapter, the following terms have the following meanings:
(1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subdivision may be demonstrated by the substance’s use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.
(2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (4) of Section 20-2-2.
(3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260.
(4) MISTREAT. Any intentional behavior that inflicts unnecessary or unjustifiable pain or suffering on a child without causing physical injury to the child.
(5) RESPONSIBLE PERSON. A child’s natural parent, stepparent, adoptive parent, legal guardian, custodian, or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child.
(6) SERIOUS PHYSICAL INJURY. Serious physical injury as defined in Section 13A-1-2.
(Acts 1977, No. 502, p. 658, §2; Act 2006-204, p. 302, §1; Act 2023-466, §1.)
A responsible person who shall torture, willfully abuse, willfully mistreat, cruelly beat, or otherwise willfully maltreat any child under the age of 18 years, on conviction, shall be guilty of a Class C felony.
(Acts 1977, No. 502, p. 658, §3; Act 2006-531, p. 1224, §1; Act 2023-466, §1.)
(a)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse if he or she does any of the following:
a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than one occasion.
b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.
c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.
(2) The crime of aggravated child abuse is a Class B felony.
(b)(1) A responsible person, as defined in Section 26-15-2, commits the crime of aggravated child abuse of a child under the age of six if he or she does any of the following to a child under the age of six years:
a. He or she violates the provisions of Section 26-15-3 by acts taking place on more than two occasions.
b. He or she violates Section 26-15-3 and in so doing also violates a court order concerning the parties or injunction.
c. He or she violates the provisions of Section 26-15-3 which causes serious physical injury, as defined in Section 13A-1-2, to the child.
(2) The crime of aggravated child abuse of a child under the age of six is a Class A felony.
(Act 2001-371, p. 477, §1; Act 2002-403, p. 1015, §1; Act 2016-43, §1.)
(a) A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which he or she does any of the following:
(1) Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in Section 13A-12-260. A violation under this subdivision is a Class C felony.
(2) Violates subdivision (1) and a child suffers serious physical injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia. A violation under this subdivision is a Class B felony.
(3) Violates subdivision (1) and the exposure, ingestion, inhalation, or contact results in the death of the child. A violation under this subdivision is a Class A felony.
(b) The court shall impose punishment pursuant to this section rather than imposing punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or a longer term of imprisonment.
(c) It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child, and that it was administered to the child in accordance with the prescription instructions provided with the controlled substance.
(Act 2006-204, p. 302, §2.)
(a) No one shall violate Section 26-15-3.2, and no one shall be required to report under Chapter 14 of this title, the exposing of an unborn child to any of the following:
(1) A prescription medication if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication pursuant to a lawful prescription.
(2) A non-prescription FDA approved medication or substance if the responsible person was the mother of the unborn child, and she was, or there is a good faith belief that she was, taking that medication or substance as directed or recommended by a physician or a health care provider acting within the authorized scope of his or her license.
(b) No one shall be criminally liable under any Alabama law for the assistance or conduct of exposing the unborn child to a medication or substance if his or her assistance or conduct is allowed or accepted under subsection (a).
(Act 2016-399, §1.)
All proceedings pending and all rights and liabilities existing, acquired, or incurred on May 11, 1977, are hereby saved and may be consummated according to the law in force when they were commenced. This chapter shall not be construed to affect any prosecution pending or begun before May 11, 1977.
(Acts 1977, No. 502, p. 658, §5.)
This article shall be known and may be cited as the Child Abuse and Neglect Prevention Act.
(Acts 1983, No. 83-736, p. 1198, §1.)
As used in this article, the following words and phrases shall have the meanings herein ascribed to them:
(1) CHILD. A person under 18 years of age.
(2) CHILD ABUSE. Harm or threatened harm to a child’s health or welfare by a person responsible for the child’s health or welfare, which harm occurs or is threatened through nonaccidental physical or mental injury; sexual abuse, which includes a violation of any provision of Article 4, Chapter 6, Title 13A.
(3) CULTURAL COMPETENCY. The ability of an individual or organization to understand and act respectfully toward, in a cultural text, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families of various cultures who participate in services from the individual or organization and persons of various cultures who provide services for the individual or organization.
(4) DEPARTMENT. The Department of Child Abuse and Neglect Prevention.
(5) LOCAL COUNCIL. An organization which meets the criteria described in Section 26-16-10.
(6) NEGLECT. Harm to a child’s health or welfare by a person responsible for the child’s health or welfare which occurs through negligent treatment, including the failure to provide adequate food, clothing, shelter, or medical care.
(7) ORGANIZATION. A nonprofit organization or a public agency which provides or proposes to provide child abuse and neglect prevention, early intervention services, or parent education.
(8) PREVENTION PROGRAM. A system of direct provision of child abuse and neglect prevention services to a child, parent, or guardian.
(9) STATE BOARD. The State Child Abuse and Neglect Prevention Board created in Section 26-16-3.
(10) TRUST FUND. The Children’s Trust Fund established in the State Treasury.
(Acts 1983, No. 83-736, p. 1198, §2; Act 98-601, p. 1313, §1; Act 2006-228, p. 393, §1.)
(a) The State Child Abuse and Neglect Prevention Board is created as an autonomous agency of the state government.
(b) There is created the Department of Child Abuse and Neglect Prevention which shall operate under the State Child Abuse and Neglect Prevention Board and consist of a director and such other employees of the department.
(c) There shall be a director of the department appointed by the Governor from a list of candidates submitted under Section 26-16-6(a)(2). The director shall not be a member of the state classified civil service. The director shall be compensated by a salary payable out of the State Treasury at the times and in the manner that the salary of other state officials is paid. The exact amount of the director’s salary shall be set by the board.
(d) The director shall hire all staff required to exercise the powers and carry out the duties of the department with the approval of the state board. In carrying out the duties provided in subsection (b) of Section 26-16-6, the director shall coordinate these activities with the State Department of Human Resources, the Department of Mental Health, the Department of Public Health, the Department of Education, the Alabama State Law Enforcement Agency, and other state agencies as needed. The director, with the approval of the state board, shall have the authority to hire outside the state classified civil service an executive assistant who shall serve at the pleasure of the director. The state board shall approve the number of staff members hired and their job descriptions and further shall set the rate of pay or compensation due the executive assistant. Each staff member except the director and his or her executive assistant shall be a member of the state classified civil service.
(e) The director shall serve as secretary of the state board.
(Acts 1983, No. 83-736, p. 1198, §3; Acts 1985, No. 85-698, p. 1138; Act 98-601, p. 1313, §1; Act 2006-228, p. 393, §1.)
(a) Except as necessary to comply with this section and Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, the rights, duties, property, real or personal, and all other effects existing in the name of the State Child Abuse and Neglect Prevention Board shall be transferred to the Department of Child Abuse and Neglect Prevention. Any reference to the state board in any existing law, contract, or other instrument, except as otherwise provided in this section or Sections 26-16-2, 26-16-3, 26-16-4, and 26-16-6, shall be deemed a reference to the Department of Child Abuse and Neglect Prevention.
(b) A reasonable transition period for the name change shall be allowed to permit an orderly and cost-effective transition, relating particularly to the use of equipment, and supplies of all letterhead, business cards, forms, and any other materials in use by the state board containing the name State Child Abuse and Neglect Prevention Board shall continue to be used by the Department of Child Abuse and Neglect Prevention until the supplies are exhausted. Replacement supplies shall contain the name of the Department of Child Abuse and Neglect Prevention.
(c) The Code Commissioner, pursuant to Section 29-7-8, at times determined appropriate, shall implement this statutory name change in applicable sections of this code.
(Act 2006-228, p. 393, §2.)
(a) The state board shall be composed of the following 14 members:
(1) The Commissioner of the State Department of Human Resources, the State Mental Health Officer, the State Health Officer, the State Superintendent of Education, and the Secretary of the Alabama State Law Enforcement Agency or designees authorized to speak on their behalf.
(2) Nine public members appointed by the Governor, one from each of the seven congressional districts into which the state is divided for the purpose of electing representatives in the United States Congress, and two from the state at large. As a group, the public members shall demonstrate knowledge in the area of child abuse and neglect prevention; shall be representative of the demographic composition of this state; and, to the extent practicable, shall be representative of all of the following categories: Organized labor, the business community, the religious community, the legal community, professional providers of child abuse and neglect prevention services, and volunteers in child abuse and neglect prevention services.
(b) The term of each public member shall be three years, except that of the public members first appointed, three shall serve for three years, three for two years, and three for one year. The Governor shall designate the term which each of the members first appointed shall serve when he or she makes such appointments. A public member shall not serve more than two consecutive terms whether partial or full. A vacancy shall be filled for the balance of the unexpired term in the same manner as the original appointment.
(c) The Governor shall designate a chair of the state board from among the public members, which chair shall serve in that position at the pleasure of the Governor. The state board may elect other officers and committees as it considers appropriate.
(d) The actual and necessary per diem compensation and the schedule for reimbursement of expenses for the public members of the state board shall be the same as prescribed by law for state employees when traveling on state business. The compensation and reimbursement, the salaries of the director and staff, and all actual and necessary operating expenses of the department and the members of the state board shall be paid from the trust fund, pursuant to an authorization as provided in Section 26-16-9.
(Acts 1983, No. 83-736, p. 1198, §4; Act 2006-228, p. 393, §1.)
(a) The business of the state board shall be conducted at public meetings held in compliance with Chapter 25A of Title 36. The board shall hold two regular public meetings each year and may hold such special meetings as in the opinion of the chairman or a majority of the board are needed to transact the business of the board. Notice of the time, date, and place of each meeting shall be given in the manner and for the time prescribed therefor by the board.
(b) All books, records, and documents pertaining to the board or the performance of any official function of the board shall be public records and open to the public at all reasonable times.
(Acts 1983, No. 83-736, p. 1198, §5; Acts 1988, 1st Ex. Sess., No. 88-882, p. 427, §1.)
(a) The state board shall do all of the following:
(1) Meet not less than twice annually at the times prescribed in Section 26-16-5(a).
(2) Transmit to the Governor a list of individuals recommended to fill the position of director.
(b) The department, with the approval of the state board, shall do all of the following:
(1) Annually develop a state plan for the distribution of funds from the trust fund. The plan shall assure that an equal opportunity exists for establishment of prevention programs and receipt of trust fund money among all geographic areas in this state. The plan shall be transmitted to the Speaker of the House, the President Pro Tempore of the Senate, to the Governor, and to the Government Finance and Appropriations Committee of the House of Representatives, or its successor, and the Committee on Finance and Taxation General Fund of the Senate, or its successor.
(2) Provide for the coordination and exchange of information on the establishment and maintenance of local councils and prevention programs.
(3) Develop and publicize criteria for the receipt of trust fund money by eligible local councils, eligible prevention programs, and eligible family resource and support programs and centers.
(4) Review, approve, and monitor the expenditure of trust fund money by local councils and prevention programs.
(5) Provide statewide educational and public informational seminars for the purpose of developing appropriate public awareness regarding the problems of child abuse and neglect; encourage professional persons and groups to recognize and deal with problems of child abuse and neglect; make information about the problems of child abuse and neglect available to the public and organizations and agencies which deal with problems of child abuse and neglect; and encourage the development of community prevention programs and family resource and support programs and centers.
(6) Establish a procedure for the annual, internal evaluation of the functions, responsibilities, and performance of the department, and include the evaluation in the state plan.
(c) The department, with the approval of the state board, shall enter into contracts with public or private agencies to fulfill the requirements of subdivision (5) of subsection (b) and may contract to fulfill the other requirements of subsection (b).
(Acts 1983, No. 83-736, p. 1198, §6; Act 98-601, p. 1313, §1; Act 2006-228, p. 393, §1.)
The state board may recommend to the Governor and the Legislature changes in state programs, statutes, policies, budgets, and standards which will reduce the problem of child abuse and neglect, improve coordination among state agencies that provide prevention services, and improve the condition of children and parents or guardians who are in need of prevention program services.
(Acts 1983, No. 83-736, p. 1198, §7.)
The state board may accept federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the Legislature to continue the purposes for which the federal funds are made available. All funds received in the manner described in this section shall be transmitted to the State Treasurer for deposit in the trust fund.
(Acts 1983, No. 83-736, p. 1198, §8.)
(a) The state board may authorize the disbursement of available money from the trust fund exclusively for the following purposes, which are listed in the order of preference for expenditure:
(1) To fund a private nonprofit or public organization in the development or operation of a program if at least all of the following conditions are met:
a. The appropriate local council has reviewed the program. This paragraph does not apply if a local council does not exist for the geographic area to be served by the program.
b. The organization demonstrates an ability to match, through money or in-kind services, 50 percent of the amount of any trust fund money received. Not more than 50 percent of the local match shall be in in-kind services. In-kind services are subject to the approval of the state board.
c. The organization demonstrates a willingness and ability to provide program models and consultation to organizations and communities regarding program development and maintenance.
d. The organization demonstrates the ability to provide programs for the primary prevention of child abuse and neglect, including, but not limited to, programs to promote public awareness of the need to prevent child abuse and neglect; community-based family resource and support programs on strengthening family skills, including, but not limited to, parent education, prenatal care, prenatal bonding, child development, health and nutrition, care of children with special needs, and coping with family stress; and community-based programs relating to crisis care, early identification of children at risk of child abuse and neglect, and education, training, and support groups for parents, children, and families.
e. Other conditions that the state board may deem appropriate.
(2) To fund local councils.
(3) To fund the state board created in Section 26-16-3 for the actual and necessary expenses that the board incurs in performing its duties.
(b) Authorizations for disbursement of trust fund money under subdivision (a)(3) shall be kept at a minimum in furtherance of the primary purpose of the trust fund which is to disburse money under subdivisions (a)(1) and (2) to encourage the direct provision of services to prevent child abuse and neglect.
(Acts 1983, No. 83-736, p. 1198, §9; Act 98-601, p. 1313, §1.)
In making grants to a local council, the state board shall consider the degree to which the local council meets the following criteria:
(1) Has as its primary purpose the development and facilitation of a collaborative community prevention program in a specific geographical area. The prevention program shall utilize trained volunteers and existing community resources wherever practicable.
(2) Is administered by a board of directors composed of an equal number of members from the following two groups:
a. A representative from each of the following local agencies: The county department of human resources, the county public health department, a mental health representative, the office of the prosecuting attorney, a local law enforcement agency, a school district, and a number of private, local agencies that provide treatment or prevention services for abused and neglected children and their parents or guardians. The number of private agencies to be represented on the local council shall be designated in the bylaws of the local council by the remaining members.
b. Members of the local council elected by the membership. The elected members shall represent the demographic composition of the community served, as far as practicable.
(3) Does not provide direct services except on a demonstration project basis, or as a facilitator of interagency projects.
(4) Demonstrates a willingness and ability to provide prevention program models and consultation organizations and communities regarding prevention program development and maintenance.
(5) Demonstrates an ability to match, through money or in-kind services, 50 percent of the amount of any trust fund money received. Not more than 50 percent of the local match shall be in in-kind services. In-kind services are subject to the approval of the board.
(6) Other criteria that the state board deems appropriate.
(Acts 1983, No. 83-736, p. 1198, §10; Act 98-601, p. 1313, §1.)
Not later than two years after August 8, 1983, the state board shall promulgate rules pursuant to the Alabama Administrative Procedure Act, Act No. 81-855 of 1981, now codified as Chapter 22 of Title 41.
(Acts 1983, No. 83-736, p. 1198, §11.)
A thorough, independent review of the functions, responsibilities, and performance of the state board shall be completed each five years after August 8, 1983, and transmitted to the individuals listed in Section 26-16-6(a)(3).
(Acts 1983, No. 83-736, p. 1198, §12.)
Law enforcement agencies of this state, social service agencies of this state, and state and local departments of human resources shall share information concerning investigations of suspected or actual child abuse or neglect when the sharing of such information is necessary to prevent or discover abuse or neglect of children.
(Acts 1985, No. 85-699, p. 1140.)
(a) The Children’s Trust Fund is created as a separate fund in the State Treasury. The function of the Children’s Trust Fund shall be to serve as a permanent trust pursuant to Section 26-16-8, and as an investment account for the earnings and funds received by the Child Abuse and Neglect Prevention Board pursuant to Sections 26-16-8, 26-16-31, and 26-16-30(e).
(b) The State Treasurer shall credit to the trust fund all amounts appropriated for this purpose under this article and any amounts received under Section 26-16-8.
(c) The State Treasurer shall invest trust fund money in the same manner as funds are invested pursuant to Section 16-33C-6. Earnings shall be credited to the trust fund.
(d) A separate revenue trust account in the State Treasury is created to be known as the Child Abuse and Neglect Prevention Board Operations Fund which shall serve as the administrative fund for the Children’s Trust Fund and the Child Abuse and Neglect Prevention Board. All State General Fund or Education Trust Fund appropriations designated for the trust fund or board shall be deposited directly into this fund. The fund shall be disbursed only by warrant of the state Comptroller, upon itemized vouchers, approved by the executive director or the chairman of the board. No funds shall be withdrawn or expended except as budgeted and allotted according to Sections 41-4-80 to 41-4-96, inclusive, and only in the amounts as appropriated by the Legislature.
(e) One half of the funds received each year through the income tax refund designation program established in Section 26-16-31, and other amounts specified by motions passed by the board, are not available for transfer into the operations fund and shall become a permanent part of the trust fund. All other funds received by the trust fund after September 30, 1988, including earnings credited after September 30, 1987, and one half of the funds received each year through the income tax refund designation program shall be transferred to the operations fund. The executive director or chairman of the board is authorized to transfer all eligible funds from the trust fund into the operations fund for the purpose of disbursing the funds in accordance with this chapter.
(f) The primary purpose of the trust fund and the operations fund is to encourage professional persons and groups to recognize and deal with problems of child abuse and neglect; to make information about the problems of child abuse and neglect available to the public and organizations and agencies which deal with problems of child abuse and neglect; and to encourage the development of community prevention programs. To these ends the fund shall be expended only as provided in this chapter, Sections 26-16-1 to 26-16-13, inclusive, or other laws specifically regulating those expenditures.
(Acts 1983, No. 83-735, p. 1195, §1; Acts 1985, No. 85-698, p. 1138; Acts 1989, No. 89-656, p. 1300, §1; Acts 1992, No. 92-606, p. 1253, §1.)
(a) For the tax year beginning October 1, 1983, and until the State Treasurer certifies that the assets in the Children’s Trust Fund exceed $10,000,000, a resident individual taxpayer who files an Alabama income tax return and who is entitled to an income tax refund from the State Department of Revenue sufficient to make a designation under this section may designate that $5, $10, $25 or other sum of his or her refund be credited to the Children’s Trust Fund. In the case of a joint return of husband and wife who are entitled to a tax refund sufficient to make a designation under this section, a designation may be made in the same denominations or sums of their refund to be credited to the Children’s Trust Fund. Such designation shall be made by marking the appropriate box, printed on the return pursuant to subsection (b) of this section.
(b) The State Department of Revenue shall print on the face of the state income tax form for residents a space for taxpayers to designate that a contribution be made to the Children’s Trust Fund from their income tax refund due. The space for designating the contribution shall provide for checkoff boxes in the stated amounts or other dollar amount, commencing for the tax year 1989 and thereafter.
(c) The State Child Abuse and Neglect Prevention Board, created pursuant to Section 26-16-3, may, from time to time, change the designated checkoff sums upon resolution passed, in accordance with the provisions of the administrative procedure laws, and upon proper notification to the Department of Revenue.
(Acts 1983, No. 83-735, p. 1195, §2; Acts 1988, No. 88-544, p. 843.)
(a) Each year that the refund designation program established in Section 26-16-31(a), above, is in effect, the Commissioner of the Department of Revenue shall transfer to the Children’s Trust Fund an amount equal to the total amount designated by individuals to be paid to the fund under this article, less an amount, equal to not more than three percent of the total of such funds then collected, for the additional cost incurred by the Department of Revenue in collecting and handling such funds which shall be deposited the General Fund of the State Treasury for the use of the Revenue Department. Such deposits shall be made not less than quarterly commencing with the first day such funds are collected from the taxpayer.
(b) Moneys contained in the Children’s Trust Fund are continuously appropriated to the Child Abuse and Neglect Prevention Board for the purposes set out in Section 26-16-30(f) of this article. Such funds shall be supplemental to any and all other appropriations heretofore or hereafter made to the Child Abuse and Neglect Prevention Board. No provision of this article shall be construed to be in lieu of annual appropriations.
(c) The Child Abuse and Neglect Prevention Board shall have access to and control of the moneys in the fund and shall be authorized to distribute such funds only for the purposes of this article and Section 26-16-9 of the Child Abuse and Neglect Prevention Act (the act proposed by House Bill No. 57 of the 1983 Regular Session of the Alabama Legislature).
(Acts 1983, No 83-735, p. 1195, §3; Acts 1989, No. 89-656, p. 1300, §1.)
All laws or parts of laws which conflict with this article are hereby repealed except that no part of this article shall be construed to authorize any board, person, or entity to assume the duties and responsibilities of any other state agencies or to repeal or preempt or take precedence over any part of Title 26, Chapter 14, Sections 26-14-1 through 26-14-13.
(Acts 1983, No. 83-735, p. 1195, §5.)
The Department of Human Resources shall provide for the development and coordination of the multi-disciplinary child protection teams created by this article and for the services to be provided by such teams throughout the state. Such teams shall be composed of representatives from the local departments of human resources, the local law enforcement agencies, the local district attorneys’ offices, and the local educational agencies. The teams may also include representatives from the local health field, mental health services, local social service agencies, and local members of the legal profession. Representatives of other professions or disciplines may be included if the local team as established deems them useful or necessary.
(Acts 1985, No. 85-682, p. 1078, §1.)
The Department of Human Resources shall adopt guidelines and criteria relating to the operations and functions of the team as promulgated by the advisory committee created pursuant to Section 26-16-52. The guidelines will be supplemental to the existing protective service activities of the children, youth, and family programs of the State of Alabama. Nothing in this section shall be construed to remove or reduce the duty and responsibility of any person to report all suspected or actual cases of child abuse or neglect or sexual abuse of a child pursuant to law. The general role of the teams shall be to support activities of the program and to provide services to abused and neglected children upon referral by the county departments of human resources, or any other agency as set forth in the guidelines and criteria established.
To the extent that resources are available to each of the various teams throughout the state, the functions of the teams shall include, but not be limited to, the following specific functions:
(1) To provide comprehensive medical and psychological programs for the identification and diagnosis of child abuse and for treatment and rehabilitation programs for abused children and their family members.
(2) To provide case service coordination and assistance, including the types and locations of services available to abused children and their family members from other public or private agencies in the community in an effort to provide the fullest range of services while avoiding the duplication of services.
(3) To provide for educational and community awareness campaigns on child abuse and neglect in an effort to enable citizens more successfully to prevent, identify, and report and treat child abuse and neglect victims in the community.
(Acts 1985, No. 85-682, p. 1078, §2.)
Upon October 1, 1985, an ad hoc child abuse protection team advisory committee shall be created and shall consist of the following members: The Governor of the State of Alabama or his or her designated representative; the Director of the Department of Human Resources; the Executive Director of the Child Abuse Trust Fund; the President of the State Parents Teachers Association; two judges in the State of Alabama that preside over courts exercising juvenile jurisdiction to be selected by the Chief Justice of the Alabama Supreme Court; one representative from the Association of County Department of Human Resources County Directors to be selected by the Governor; the Executive Director of the Office of Prosecution Services; the Chairman of the Victims Compensation Commission; and two other members selected by the President of the Child Abuse Trust Fund.
The committee shall study the operational aspects of multi-disciplinary child protection teams, hereinafter referred to as teams, including both existing teams and those teams to be created pursuant to this article, and shall promulgate guidelines for the reporting or referral of child abuse or neglect cases to the teams. The committee shall present their guidelines within three months after the committee is formed to the Governor.
Upon final approval of such guidelines by the Governor, the teams shall begin organizing and as soon as it is practicable shall begin to carry out their functions.
In order to ensure the effective implementation of these teams, the Director of the Department of Human Resources shall submit a report on the overall operation of these teams to the Joint Legislative Committee on Children and Youth within 30 days of the beginning of each annual regular session of the Alabama Legislature.
(Acts 1985, No. 85-682, p. 1078, §3.)
Child abuse prevention teams in existence as of October 1, 1985, shall not be replaced by the provisions of this article. Such existing teams are hereby expressly preserved and shall be exempt from the provisions of this article.
(Acts 1985, No. 85-682, p. 1078, §4.)
(a) For purposes of this section, the following terms have the following meanings:
(1) FORENSIC INTERVIEW. The same meaning as in Section 12-15-301.
(2) LOCAL LAW ENFORCEMENT AGENCIES. The police department for the municipality and the sheriff’s department for the county in which a child advocacy center is located.
(3) MENTAL HEALTH PROFESSIONAL. An individual holding a master’s or higher degree in social work, mental health counseling, or other social work related or mental health counseling related field of study, and who has received special training regarding child maltreatment and child trauma.
(b) In order to become eligible for a full membership in the Alabama Network of Children’s Advocacy Centers, Incorporated, child advocacy centers in this state shall:
(1) Incorporate as a nonprofit agency under the requirements of Section 10A-3-1.01 et seq.
(2) Utilize a neutral, child-focused facility where forensic interviews, conducted jointly by the Department of Human Resources and law enforcement personnel, take place with children in appropriate cases of suspected child sexual and physical abuse. All multidisciplinary agencies shall utilize a facility to interact with the child as investigative or treatment needs require.
(3) Employ or utilize designated staff who operate under the supervision and approval of the board of directors of the child advocacy center.
(4) Maintain a multidisciplinary team that meets on a regularly scheduled basis or as the case load of the community requires to coordinate the multidisciplinary response to child abuse. At a minimum, the team shall consist of the following:
a. The local district attorney, or his or her designee or designees.
b. One or more representatives from the Department of Human Resources.
c. One or more local mental health professionals.
d. One or more representatives from a local law enforcement agency.
e. The staff of the child advocacy center.
(5) Provide case tracking of child abuse cases worked through the center and, at a minimum, collect demographic data regarding all children referred to the center for services as well as any other data required by the Alabama Network of Child Advocacy Centers.
(6) Offer on-site medical exams and mental health therapy or provide referrals for off-site medical exams and mental health therapy. The center shall provide follow-up on cases referred for mental health therapy.
(7) Provide training for multidisciplinary team members in the community that respond to cases of possible child abuse.
(8) Participate in an interagency agreement covering those aspects of agency participation in a multidisciplinary approach to child sexual and serious physical abuse cases. The agreement must be signed by the following:
a. The local district attorney, or his or her designee.
b. A designee of the Department of Human Resources.
c. A designee of a local law enforcement agency.
d. The director of the child advocacy center.
(9) Provide assurance that staff and volunteers at the center are trained and screened by appropriate resources as specified by the Alabama Network of Children’s Advocacy Centers.
(Acts 1992, No. 92-558, p. 1161, §1; Act 2019-455, §1.)
(a) For the purposes of this section, the following terms have the following meanings:
(1) ASSOCIATE MEMBER CENTER. A child advocacy center that is working towards full membership status and has been approved by the network for associate membership status.
(2) BOARD OF DIRECTORS. The Board of Directors of the Alabama Network of Children’s Advocacy Centers, Incorporated.
(3) FULL MEMBER CENTER. A child advocacy center that is certified by the network as a full member pursuant to subsection (b).
(4) NETWORK. The Alabama Network of Children’s Advocacy Centers, Incorporated.
(5) PILOT PROJECT. A program initiated by the board of directors to serve children in underserved areas of the state.
(b) The network may certify a child advocacy center as a full member center if the child advocacy center meets the standards of Section 26-16-70 and any other standards approved by the board of directors to ensure compliance with national best practices.
(c) A full member center shall be eligible to receive funds that are appropriated from the State of Alabama to the Alabama Network of Children’s Advocacy Centers, Incorporated. Beginning with the fiscal year ending September 30, 2002, 10 percent of the total annual appropriation to the network shall be allocated for use by the network in funding associate member centers, pilot projects, and administrative and training projects of the network. Beginning with the fiscal year ending September 30, 2002, 90 percent of the total annual appropriation to the network shall be allocated as follows:
(1) Each full member center shall receive a base amount allocation as follows:
a. A base amount sum of fifty thousand dollars ($50,000) shall be allocated and distributed to each full member center during the first fiscal year following certification, provided sufficient additional funds are appropriated to the network for each new full member center added to the network.
b. A base amount sum of seventy-five thousand dollars ($75,000) shall be allocated and distributed to each full member center during the second fiscal year following certification, provided sufficient additional funds are appropriated to the network for each new full member center added to the network.
c. A base amount sum of one hundred thousand dollars ($100,000) shall be allocated and distributed to each full member center during the third and subsequent years following certification, provided sufficient additional funds are appropriated to the network for each new full member center added to the network.
(2) Each associate member center shall receive a base amount allocation of twenty-five thousand dollars ($25,000) during the first and second fiscal years following approval by the network for associate membership status. If the associate member is not certified as a full member at the conclusion of the second fiscal year, the board of directors may on an annual basis authorize continued payment as an associate member center.
(3) Any appropriated funds remaining after the allocations in subdivisions (1) and (2) have been satisfied shall be allocated proportionately by the network to each full member center based upon the number of forensic interviews and forensic evaluations conducted and the number of children receiving counseling at each full member center during the preceding fiscal year as compared to the total number of forensic interviews and forensic evaluations conducted and the number of children receiving counseling at full member centers throughout the state during the same preceding fiscal year. Forensic interview, forensic evaluation, and counseling data used for determining proportional allocation amounts shall be obtained from the annual services report summary compiled by the network.
(d) If the annual amount of state appropriated funds is less than the sum of the total allocations provided in subdivisions (c)(1) and (c)(2), a lesser base amount that is equivalent to each full member and associate member center’s pro rata share of the total appropriation shall be allocated and distributed to each center.
(e) If a full member center fails to meet the standards established in subsection (b) for a period of one year or longer, or otherwise ceases to be certified or exist, the base amount allocation designated for that center shall be calculated by the network as part of the total annual appropriation amount and allocated and distributed to the remaining centers according to this section. Any full member center that fails to meet the standards established in subsection (b) for a period of one year or longer, or otherwise ceases to be certified or exist, shall not be eligible to receive state funding until recertified by the network.
(Acts 1992, No. 92-558, p. 1161, §2; Act 2001-845, p. 651, §1; Act 2025-342, §1.)
Any new child advocacy center within the State of Alabama that desires to become certified by the network may request and receive initial funding if approved by the board of directors of the network. Any center failing to meet the standards established in Section 26-16-70 for a period of one year or longer shall not be eligible to receive state funding.
(Acts 1992, No. 92-558, p. 1161, §3.)
The network board of directors shall be responsible for allocating state appropriated funds to existing and new child advocacy centers which meet the standards of Section 26-16-70, pursuant to the provisions of Sections 26-16-71 and 26-16-72.
(Acts 1992, No. 92-558, p. 1161, §4; Act 2001-845, p. 651, §1.)
The Legislature finds and declares that: Every child is entitled to live in safety and in health and to survive into adulthood; there are concerns about the adequacy of efforts in this state to identify deaths; and recognizing that no single agency or person is responsible, that multidisciplinary, multiagency child death review teams are methods of achieving the state policy.
(Act 97-893, p. 252, §1.)
The following words and phrases have the following meanings unless the context clearly indicates otherwise:
(1) AUTOPSY. An external and internal examination, medical history, and record review.
(2) CHILD. A person who has not yet reached his or her eighteenth birthday.
(3) CHILD DEATHS TO BE REVIEWED. Those deaths which are unexpected or unexplained.
(4) COMMUNITY. The people and area within the local team jurisdiction.
(5) COUNTY. The county in which a deceased child resided prior to his or her death.
(6) INVESTIGATION. In the context of child death, includes all of the following:
a. A postmortem examination which may be limited to an external examination or may include an autopsy.
b. An inquiry by law enforcement agencies having jurisdiction into the circumstances of the death, including a scene investigation and interview with the child’s parents, guardians, or caretakers and the person who reported the child’s death.
c. A review of information regarding the child from relevant agencies, professionals, and providers of medical care.
(7) LOCAL TEAM. A multidisciplinary, multiagency child death review team established for a county or judicial circuit pursuant to Section 26-16-96.
(8) MEETING. In-person meetings and conferences as well as those through telephone and other live electronic means. Individual participation in meetings through electronic conferencing may be authorized through the state team chairperson or designee. Local teams may not meet by electronic means.
(9) PERSON ACTING IN A PROFESSIONAL CAPACITY. A health practitioner, law enforcement officer, employee of a local department of social services, undertaker, funeral home director or employee of a funeral home, or firefighter, who is acting in the course of his or her professional duties.
(10) PROVIDER OF MEDICAL CARE. Any health practitioner who personally provides, or a facility through which is provided, any medical evaluation or treatment, including dental and mental health evaluation or treatment.
(11) STATE TEAM. The State Child Death Review Team.
(12) UNEXPECTED/UNEXPLAINED. In referring to a child’s death, includes all deaths which, prior to investigation, appear possibly to have been caused by trauma, suspicious or obscure circumstances, child abuse or neglect, or other agents or Sudden Infant Death Syndrome.
(Acts 97-893, p. 252, §2.)
It is the policy of this state that responding to unexpected/unexplained child deaths is a state and a community responsibility and must include an accurate and complete determination of the cause of death.
(Act 97-893, p. 252, §3.)
(a) There is hereby created the State Child Death Review Team, referred to in this article as the state team.
(b) The state team shall be situated within the Alabama Department of Public Health for administrative and budgetary purposes.
(c) The state team shall be a multidisciplinary, multiagency review team, composed of 28 members, the first 7 of whom are ex officio. The ex officio members may designate representatives from their particular departments or offices to represent them on the state team who may vote and exercise all other prerogatives of the appointment. The members of the state team shall include all of the following:
(1) The Jefferson County Coroner, Medical Examiner.
(2) The State Health Officer who shall serve as chair.
(3) One member appointed by the Alabama Sheriff’s Association.
(4) The Director of the Alabama Department of Forensic Sciences.
(5) The Commissioner of the Alabama Department of Human Resources.
(6) The Commissioner of the Alabama Department of Mental Health.
(7) The Secretary of the Alabama State Law Enforcement Agency.
(8) A pediatrician with expertise in SIDS appointed by the Alabama Chapter, American Academy of Pediatrics.
(9) A health professional with expertise in child abuse and neglect appointed by the Alabama Department of Public Health.
(10) A family practice physician appointed by the Alabama Academy of Family Physicians.
(11) A pediatric pathologist appointed by the Alabama Department of Forensic Sciences.
(12) Eight private citizens appointed by the Governor.
(13) A member of the clergy appointed by the Governor.
(14) A representative of the Alabama Coroner’s Association.
(15) A representative of the Alabama Network of Children’s Advocacy Centers.
(16) A representative of the Alabama Sheriff’s Association.
(17) A representative of the Alabama District Attorney’s Association.
(18) A specialist in pediatric emergency medicine appointed by the Alabama Medical Association.
(19) A representative of the Alabama Association of Chiefs of Police.
(20) Chair of the Senate Health Committee or his or her designee and the Chair of the House Health Committee or his or her designee.
(d) Members who are not ex officio shall serve for a three-year term and shall not serve more than two consecutive terms. Terms for these members shall be staggered.
(e) Staffing for the state team shall be provided through the Alabama Department of Public Health using funds appropriated for this article.
(f) The initial meeting of the state team shall be held within 60 days of September 11, 1997. Meetings shall be held at least quarterly thereafter.
(g) Fifteen members shall constitute a quorum for conducting all activities of the state team which may require a vote among the members. A simple majority of members present constituting a quorum shall be required for any affirmative vote.
(Act 97-893, p. 252, §4.)
The purpose of the state team is to decrease the risk and incidence of unexpected/unexplained child injury and death by undertaking all of the following duties:
(1) Identifying factors which make a child at risk for injury or death.
(2) Collecting and sharing information among state team members and agencies which provide services to children and families or investigate child deaths.
(3) Making suggestions and recommendations to appropriate participating agencies regarding improving coordination of services and investigations.
(4) Identifying trends relevant to unexpected/unexplained child injury and death.
(5) Reviewing reports from local child death teams and, upon request of a local team, individual cases of child deaths.
(6) Providing training and written materials to the local teams to assist them in carrying out their duties. Such written materials shall include model protocols for the operation of the local teams.
(7) Developing a protocol for child death investigations, and revising the protocol as needed. The protocol for child death investigations shall not include any activity that causes public scrutiny of the family circumstances surrounding the subject death.
(8) Undertaking a study of the operations of local teams considering training needs and service gaps. If the state team determines that changes to any statute, regulation, or policy is needed to decrease the risk and incidence of child injury and death, it shall propose and recommend changes to such statute, regulation, or policy in its annual report.
(9) Educating the public in Alabama regarding the incidence and causes of child injury and death and the public role in aiding in reducing the risk of such injuries and deaths. The state team shall enlist the support of civil, philanthropic, and public service organizations in its performance of its education duties.
(10) Developing and implementing such procedures and policies as are necessary for its own operation.
(11) Providing the Governor and the Legislature with an annual written report which shall include, but not be limited to, the state team’s findings and recommendations for each of its duties; and providing copies of such report to the public.
(12) Determining, by consent of state team members, what protocols should be followed by team members for providing data and/or information to the state team as a whole.
(13) Examining confidentiality and access to information laws, regulations, and policies for agencies with responsibilities for children, including health, public welfare, education, social services, mental health, and law enforcement agencies, and determining whether those laws, regulations, or policies impede the exchange of information necessary to reduce the risk of injury and death. If the state team determines that such laws, regulations, or policies do impede the necessary exchange of information, it shall take prompt steps to propose and recommend changes to the appropriate state agencies.
(Act 97-893, p. 252, §5.)
State and local team members shall be immune from any and all civil and criminal liability in connection with their good faith participation on the state or local team and all activities associated therewith, provided however, this immunity shall not be available in the event any state or local team member violates the provisions of confidentiality enumerated in this article.
(Act 97-893, p. 252, §6.)
(a) There are hereby created local child death review teams.
(b) Each county of the state shall be included in a local multidisciplinary, multiagency child death review team’s jurisdiction. The district attorney shall initiate the establishment of local teams by convening a meeting of potential team members within 60 days of September 11, 1997. In the absence of the initiation of a child death review team by the district attorney within 60 days of September 11, 1997, the local public health representative will initiate the first team meeting. During this meeting, participants shall recommend whether to establish a team for that county alone or to establish a team with and for the counties within that judicial circuit.
(c) The local team shall include, but not be limited to, all of the following members, the first five of whom are ex officio. The ex officio members may designate representatives from their particular departments or offices to represent them on the local team who may vote and exercise all other prerogatives of the appointment. The members of the local team include the following:
(1) The county health officer.
(2) The director of the county department of human resources.
(3) The county district attorney.
(4) The medical examiner.
(5) The local coroner.
(6) An investigator with a local sheriff’s department who is familiar with homicide investigation.
(7) An investigator with a local police department who is familiar with homicide investigation.
(8) A pediatrician, or if no pediatrician is available a primary care physician, appointed by the county medical society.
(9) A representative from a local child advocacy center, if one exists.
(d) The local team shall select a chair from among its members. The chair shall serve a term of three years and may serve more than one consecutive term.
(e) Members who are not ex officio shall serve for a three-year term and may succeed themselves but shall not serve more than two consecutive terms. Terms for these members shall be staggered.
(f) The initial meeting of the local team shall be held within 60 days of September 11, 1997.
(g) A quorum for conducting all activities shall be determined by the local team. A simple majority of members present constituting a quorum shall be required for any affirmative vote.
(h) The purpose of the local team is to decrease the incidence of unexpected/unexplained child injury and death by the following means:
(1) Identifying factors which make a child at risk of injury or death.
(2) Sharing information among the agencies which provide services to children and families or which investigate child deaths or provide services.
(3) Improving local investigations of unexpected/unexplained child deaths by participating agencies.
(4) Improving existing services and systems and assisting in the establishment of additional services and systems to fill in gaps in the community.
(5) Identifying trends relevant to unexpected/unexplained child injury and death.
(6) Educating the local public regarding the incidence and causes of child injury and death and the public role in aiding and reducing the risk of such injuries and deaths.
(i) To achieve its purpose, the local team shall perform all the following duties and functions:
(1) Establish and implement a protocol for the local team within two months of receipt of the model protocols from the state team as required by Section 26-16-93.
(2) Respond by recording all child deaths and reviewing individual unexpected/unexplained child deaths in accordance with protocols from the state team.
(3) Meet as deemed necessary by the local chair, but not less than annually, to review the status of unexpected/unexplained child death cases, propose recommendations for improving coordination of services and investigations between member agencies, and propose changes within the member agencies which shall reduce the risk and incidence of unexpected/unexplained child injury and death.
(4) Collect data as required for submittal to the state team.
(5) Provide reports to the state team following each team meeting which shall include data on child deaths, steps taken to improve coordination of services and investigations, steps taken to implement changes within member agencies, and advice on needed changes to law, policy, and practice which shall aid in reducing the risk and incidence of child injury and death.
(j) At a local team meeting to review unexpected/unexplained child deaths, information shall be provided as specified below, except where otherwise protected by statute, to carry out each of the following of the local team’s purpose and duties:
(1) The providers of medical care, the physician representative, or the medical examiner, shall provide pertinent health and medical information regarding a child whose death is being reviewed by the local team.
(2) State, county, or local government agencies shall provide all of the following data on forms developed by the state team for reporting to local child death review teams:
a. Birth information for children who died at less than one year of age including confidential information collected for medical and health use.
b. Death information for children who have not reached their eighteenth birthday.
c. Law enforcement investigative data, medical examiner investigative data, parole and probation information, and records.
d. Medical care, including dental, mental, and prenatal health care.
e. Pertinent information from any social services agency that provided services to the child or family.
(Act 97-893, p. 252, §7.)
(a) Meetings of the state team and of local teams shall be closed to the public and not subject to the State Sunshine Law when the state team or local team is discussing a specific child death.
(b) Information identifying a deceased child, a family member, guardian or caretaker of a deceased child, or an alleged or suspected perpetrator of abuse or neglect upon a child, may not be disclosed during a meeting which is open to the public.
(c) Information regarding the involvement of any agency with the deceased child or family may not be disclosed during a public meeting.
(d) Nothing in this section shall be construed as preventing the state team or a local team from requesting the attendance at a team meeting of a person who has information relevant to the team’s exercise of its purpose and duties.
(e) Any person who intentionally violates any portion of this section commits a Class C misdemeanor and shall be punished as prescribed by law.
Any person who violates the provisions of confidentiality in any proceedings conducted by either a local team or the state team shall be removed from the team in addition to any other penalty.
(Act 97-893, p. 252, §8.)
(a) All information and records acquired by the state team or by a local team, in the exercise of its purpose and duties pursuant to this article, are confidential, exempt from disclosure under Section 41-13-1, and may only be disclosed as necessary to carry out the team’s duties and purposes.
(b) Reports of the state team and of a local team which do not contain any information that would permit the identification of any person to be ascertained shall be public information.
(c) Except as necessary to carry out a team’s purpose and duties, members of a team and persons attending a team meeting may not disclose what transpired at a meeting which is not public under Section 26-16-97, nor shall they disclose any information the disclosure of which is prohibited by this section.
(d) Members of a team, persons attending a team meeting, and persons who present information to a team may release information to such government agencies as is necessary for the purpose of carrying out assigned team duties.
(e) Information, documents, and records of the state team or of a local team are not subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that information, documents, and records otherwise available from other sources are not immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by a team.
(f) Moreover, notwithstanding subsections (a) and (b), those criminal records, court records, and other records that have been open to public inspection before September 11, 1997, shall remain open.
(Act 97-893, p. 252, §9.)
The duties of the coroner/medical examiner shall include the following:
(1) Except in locations where a county medical examiner has jurisdiction, the coroner or a person acting in a professional capacity shall report the death of a child by telecommunications to the medical examiner or his or her representative as soon as possible upon discovery.
(2) Upon receipt of a report of a child death, the county medical examiner or state medical examiner shall determine whether the death appears to be unexpected/unexplained. If the death appears to be unexpected/unexplained, the county medical examiner or state medical examiner shall commence an investigation of the death consisting of a postmortem examination conducted by a state or county medical examiner. Upon the recommendation of the state medical examiner, with authorization from a district attorney, an autopsy may be conducted. A county medical examiner may conduct an autopsy at his or her discretion as authorized by existing statutes. This section should not be interpreted as mandating an autopsy. In a case where an autopsy is not performed, the postmortem examination shall consist of an external examination.
(Act 97-893, p. 252, §10.)
This article shall be known and may be cited as the Sudden Unexplained Infant Death Investigation Act.
(Act 2011-705, p. 2184, §1.)
The Legislature finds and declares all the following:
(1) Protection of the health and welfare of the infants of this state is a goal of its people and the unexpected or unexplained death of an infant is an important public health concern that requires legislative action.
(2) Death scene investigations and findings thereof can be particularly important in accurately diagnosing the manners and causes of infant deaths.
(3) Collecting accurate data on the cause and manner of unexpected infant deaths will better enable the state to protect infants from preventable deaths and will help reduce the incidence of infant deaths.
(Act 2011-705, p. 2184, §2.)
For purposes of this arciclet, the following words shall have the following meanings:
(1) FORENSIC PATHOLOGIST. A pathologist trained or with experience in forensic pathology, licensed to practice medicine and surgery or osteopathic medicine and surgery in the State of Alabama and board certified by the American Board of Pathology, or under the direct supervision of a physician with these qualifications.
(2) INFANT DEATH. The sudden death of an person less than one year of age whose death occurs outside the direct care of a physician in a hospital or other health care setting.
(3) SUDDEN UNEXPLAINED INFANT DEATH (SUID). The sudden death of an infant less than one year of age whose death occurs outside the direct care of a physician in a hospital or other health care setting and whose cause of death is not reasonably ascertainable after a thorough investigation and examination by the person signing the death certificate.
(Act 2011-705, p. 2184, §3.)
(a) There is established the Alabama Sudden Unexplained Infant Death Investigation (SUIDI) Team which for administrative purposes shall be organized within the Department of Public Health as a subcommittee of the State Child Death Review Team. The team is charged with the development, maintenance, and provision of SUIDI training curricula for the State of Alabama. The development and approval of infant death investigation protocol and reporting forms are not subject to the rule-making requirements of the Administrative Procedure Act.
(b) In order to implement this article, the SUIDI Team shall do all of the following:
(1) Establish infant death scene investigation protocol.
(2) Develop and maintain the training standards, policies, and procedures related to investigating and reporting SUID in Alabama.
(3) Approve a standardized reporting form to be used in conjunction with the above procedures.
(Act 2011-705, p. 2184, §4.)
(a) An investigation shall be performed utilizing protocol and forms approved by the Alabama Sudden Unexplained Infant Death Investigation (SUIDI) Team in all incidents of infant deaths.
(b) All law enforcement agencies within this state are responsible to ensure that all personnel who investigate infant deaths obtain training developed by the SUIDI Team on investigation protocol and completing reporting forms.
(c) All elected and appointed coroners and deputy coroners are responsible for obtaining training on investigation protocol and completing reporting forms in cases of infant deaths.
(d) The training, which shall be developed by the SUIDI Team, shall include a focus on the importance of being sensitive to the grief of family members and shall be consistent with the death scene investigation protocol approved by the SUIDI Team.
(e) The Alabama Department of Public Health shall be responsible for developing a team of trainers to provide infant death investigation training to law enforcement personnel, as well as coroners and deputy coroners.
(f) The Alabama Department of Public Health shall be responsible for disseminating infant death investigation protocol and reporting forms to the various law enforcement associations and the Alabama Coroner’s Association within the state which shall in turn disseminate the protocol and reporting forms to the respective law enforcement agencies and coroners in this state.
(g) When changes occur in protocol pertaining to SUID investigations, the Alabama Department of Public Health shall promptly notify various law enforcement associations and the Alabama Coroner’s Association within the state. The changes shall then be communicated in a timely manner to the respective law enforcement agencies and coroners for dissemination to their enforcement personnel.
(Act 2011-705, p. 2184, §5.)
(a) In every case of SUID, the county coroner or medical examiner shall be notified and cooperate and assist law enforcement with the death investigation.
(b) The county coroner or medical examiner shall obtain legal authorization to send the infant to a forensic pathologist for examination.
(c) The county coroner or medical examiner shall contact the appropriate law enforcement personnel to conduct a death investigation according to the protocol developed by the SUIDI Team. The investigation shall be initiated within 24 hours of the time the appropriate law enforcement personnel is contacted.
(d) The county coroner or medical examiner shall send a copy of the SUIDI Team approved investigative form to the forensic pathologist conducting the autopsy.
(Act 2011-705, p. 2184, §6.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §1.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §2.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §3.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §4.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §5; Acts 1994, No. 94-705, p. 1362, §1.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §6; Acts 1994, No. 94-705, p. 1362, §1; Act 2000-673, p. 1340, §1.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §7; Acts 1992, 2nd Ex. Sess., No. 92-714, p. 211, §1.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §8.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §9.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §10; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-245, p. 398, §2; Acts 1997, No. 97-447, p. 772, §11.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §11.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §12; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-447, p. 772, §11.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §13; Acts 1994, No. 94-705, p. 1362, §1; Acts 1997, No. 97-447, p. 772, §11.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §14.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §15; Acts 1994, No. 94-705, p. 1362, §1.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §16.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §17.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §18.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §19.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §20; Acts 1997, No. 97-447, p. 772, §11.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1984, No. 84-244, p. 375, §21.)
[Repealed]
Repealed by Act 2008-376, p. 666, §1, effective January 1, 2009.
(Acts 1994, No. 94-705, p. 1362, §2; Acts 1997, No. 97-447, p. 772, §11.)
This chapter may be cited as the Alabama Uniform Parentage Act (2008).
(Act 2008-376, p. 666, §2.)
In this chapter:
(1) “Acknowledged father” means a man who has established a father-child relationship under Article 3.
(2) “Adjudicated father” means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.
(3) “Alleged father” means a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined. The term does not include:
(A) a presumed father;
(B) a man whose parental rights have been terminated or declared not to exist; or
(C) a male donor who donates in compliance with Section 26-17-702.
(4) “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse. The term includes:
(A) intrauterine insemination;
(B) donation of eggs;
(C) donation of embryos;
(D) in-vitro fertilization and transfer of embryos; and
(E) intracytoplasmic sperm injection.
(5) “Child” means an individual of any age whose parentage may be determined under this chapter.
(6) “Commence” means to file the initial pleading seeking an adjudication of parentage in the appropriate court of this state.
(7) “Determination of parentage” means the establishment of the parent-child relationship by the execution of a valid acknowledgment of paternity under Article 3 or adjudication by the court.
(8) “Donor” means an individual who produces eggs or sperm used for assisted reproduction, whether or not for consideration. The term does not include:
(A) a husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife;
(B) a woman who gives birth to a child by means of assisted reproduction; or
(C) a parent under Article 7.
(9) “Ethnic or racial group” means, for purposes of genetic testing, a recognized group that an individual identifies as all or part of the individual’s ancestry or that is so identified by other information.
(10) “Genetic testing” means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. The term includes an analysis of one or a combination of the following:
(A) deoxyribonucleic acid; and
(B) blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell enzymes.
(11) “Gestational mother” means a woman who gives birth to a child.
(12) “Intended parents” means husbands and wives who enter into an agreement providing that they will be the parents of a child born to a gestational mother by means of assisted reproduction, whether or not either of them has a genetic relationship with the child.
(13) “Man” means a male individual of any age.
(14) “Parent” means an individual who has established a parent-child relationship under Section 26-17-201.
(15) “Parent-child relationship” means the legal relationship between a child and a parent of the child. The term includes the mother-child relationship and the father-child relationship.
(16) “Paternity index” means the likelihood of paternity calculated by computing the ratio between:
(A) the likelihood that the tested man is the father, based on the genetic markers of the tested man, mother, and child, or the tested man and child, conditioned on the hypothesis that the tested man is the father of the child; and
(B) the likelihood that the tested man is not the father, based on the genetic markers of the tested man, mother, and child, or the tested man and child, conditioned on the hypothesis that the tested man is not the father of the child and that the father is of the same ethnic or racial group as the tested man.
(17) “Presumed father” means a man who, by operation of law under Section 26-17-204, is recognized as the father of a child until that status is rebutted or confirmed in a judicial proceeding.
(18) “Probability of paternity” means the measure, for the ethnic or racial group to which the alleged father belongs, of the probability that the man in question is the father of the child, compared with a random, unrelated man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.
(19) “Putative father” means the alleged or reputed father.
(20) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(21) “Signatory” means an individual who authenticates a record and is bound by its terms.
(22) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(23) “Support-enforcement agency” means the Alabama Department of Human Resources.
(Act 2008-376, p. 666, §2.)
(a) This chapter applies to determination of parentage in this state except for matters relating to legitimation and adoption. Nothing in this chapter supersedes or modifies Alabama law regarding the requirements contained in Section 26-10C-1.
(b) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
(c) This chapter does not create, enlarge, or diminish parental rights or duties under other law of this state.
(d) This chapter does not authorize or prohibit an agreement between a woman and intended parents in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction, and which provides that the intended parents become the parents of the child. If a birth results under such an agreement and the agreement is unenforceable under Alabama law, the parent-child relationship is determined as provided in Article 2.
(Act 2008-376, p. 666, §2.)
A circuit or district court of this state or any other court of this state, as provided by law, shall have original jurisdiction to adjudicate parentage pursuant to this chapter and may determine issues of custody, support, and visitation incidental to a determination of parentage. If an issue of non-parentage is raised in a domestic relations action in this state, a court of this state having jurisdiction over the domestic relations action shall have the authority to adjudicate parentage or non-parentage pursuant to this chapter.
(Act 2008-376, p. 666, §2.)
Proceedings under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure of identifying information, including address, telephone number, place of employment, Social Security number, and the child’s day-care facility and school.
(Act 2008-376, p. 666, §2.)
Provisions of this chapter relating to determinations of paternity apply to determinations of maternity.
(Act 2008-376, p. 666, §2.)
(a) The mother-child relationship may be established between a woman and a child by:
(1) the woman’s having given birth to the child;
(2) an adjudication of the woman’s maternity; or
(3) adoption of the child by the woman.
(b) The father-child relationship may be established between a man and a child by:
(1) an unrebutted presumption of the man’s paternity of the child under Section 26-17-204;
(2) an effective acknowledgment of paternity by the man under Article 3, unless the acknowledgment has been rescinded or successfully challenged;
(3) an adjudication of the man’s paternity;
(4) adoption of the child by the man; or
(5) the man’s having consented to assisted reproduction by a woman under Article 7 which resulted in the birth of the child.
(Act 2008-376, p. 666, §2.)
A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.
(Act 2008-376, p. 666, §2.)
Unless parental rights are terminated, a parent-child relationship established under this chapter applies for all purposes, except as otherwise specifically provided by other law of this state.
(Act 2008-376, p. 666, §2.)
(a) A man is presumed to be the father of a child if:
(1) he and the mother of the child are married to each other and the child is born during the marriage;
(2) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce;
(3) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce;
(4) after the child’s birth, he and the child’s mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law although the attempted marriage is or could be declared invalid, and:
(A) he has acknowledged his paternity of the child in writing, such writing being filed with the appropriate court or the Alabama Office of Vital Statistics; or
(B) with his consent, he is named as the child’s father on the child’s birth certificate; or
(C) he is otherwise obligated to support the child either under a written voluntary promise or by court order;
(5) while the child is under the age of majority, he receives the child into his home and openly holds out the child as his natural child or otherwise openly holds out the child as his natural child and establishes a significant parental relationship with the child by providing emotional and financial support for the child; or
(6) he legitimated the child in accordance with Chapter 11 of Title 26.
(b) A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man.
(Act 2008-376, p. 666, §2.)
The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity.
(Act 2008-376, p. 666, §2.)
(a) An acknowledgment of paternity must:
(1) be in a record filed with the Alabama Office of Vital Statistics;
(2) be signed, and notarized, under penalty of perjury by the mother and by the man seeking to establish his paternity;
(3) state that the child whose paternity is being acknowledged:
(A) does not have a presumed father or the man executing the acknowledgment is the presumed father; and
(B) does not have another acknowledged or adjudicated father;
(4) state whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and
(5) state that the signatories understand that the acknowledgment shall be considered a legal finding of paternity of the child and that a challenge to the acknowledgment is permitted only as provided in this chapter.
(b) A presumed father may sign an acknowledgment of paternity which must be notarized.
(Act 2008-376, p. 666, §2.)
[Reserved]
(a) An acknowledgment of paternity may be signed at the birth of the child or any time prior to the child’s nineteenth birthday. Before a mother and a putative father sign an acknowledgment of paternity, the mother and putative father shall be given notice, orally or through the use of video or audio equipment and in writing, of the alternatives to, the legal consequences of, and, if one parent is a minor, any rights afforded due to minority status, and the responsibilities that arise from signing of the acknowledgment.
(b) An acknowledgment of paternity takes effect upon the signature of both the mother and putative father and the filing of the document with the Alabama Office of Vital Statistics.
(Act 2008-376, p. 666, §2.)
(a) Except as otherwise provided in Sections 26-17-307 and 26-17-308, a valid acknowledgment of paternity filed with the Alabama Office of Vital Statistics shall be considered a legal finding of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.
(b) An acknowledgment of paternity shall be a legally sufficient basis for establishing an obligation for child support and for the expenses of the mother’s pregnancy and confinement.
(Act 2008-376, p. 666, §2.)
The Alabama Office of Vital Statistics shall not charge for filing an acknowledgment of paternity.
(Act 2008-376, p. 666, §2.)
A signatory may rescind an acknowledgment of paternity only in a judicial proceeding before the earlier of:
(1) sixty days after the effective date of the acknowledgment, as provided in Section 26-17-304; or
(2) the date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
(Act 2008-376, p. 666, §2.)
(a) After the period for rescission under Section 26-17-307 has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:
(1) on the basis of fraud, duress, or material mistake of fact; or
(2) in the same manner as provided in Section 26-17A-1.
(b) A party challenging an acknowledgment of paternity has the burden of proof.
(Act 2008-376, p. 666, §2.)
(a) Every signatory to an acknowledgment of paternity must be made a party to a proceeding to rescind or challenge the acknowledgment.
(b) For the purpose of rescission of, or challenge to, an acknowledgment of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment, effective upon the filing of the document with the Alabama Office of Vital Statistics.
(c) Except for good cause shown, during the pendency of a proceeding to rescind or challenge an acknowledgment of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
(d) A judicial proceeding to rescind or challenge an acknowledgment of paternity must be conducted in the same manner as a proceeding to adjudicate parentage under Article 6.
(e) At the conclusion of a proceeding to rescind or challenge an acknowledgment of paternity, the court shall order the Alabama Office of Vital Statistics to amend the birth record of the child, if appropriate.
(Act 2008-376, p. 666, §2.)
A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity filed under this chapter.
(Act 2008-376, p. 666, §2.)
A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
(Act 2008-376, p. 666, §2.)
(a) To facilitate compliance with this article, the Alabama Department of Human Resources shall prescribe forms for the acknowledgment of paternity. The affidavit shall include the Social Security number and current address of each parent, a listing of the rights and responsibilities of acknowledging paternity, including the duty to financially support the child, and instruction for filing the affidavit with the Office of Vital Statistics.
(b) A valid acknowledgment of paternity is not affected by a later modification of the prescribed form.
(Act 2008-376, p. 666, §2.)
The affidavit of paternity shall be considered a confidential record and access shall be available in the same manner as birth records. The affidavit of paternity shall not be subject to the provisions of Section 22-9A-12(c) and shall be released by the Office of Vital Statistics to the Department of Human Resources upon request by the department and payment of any fee required by the Office of Vital Statistics for the purpose of child support enforcement or any other lawful purpose without the necessity of a court order.
(Act 2008-376, p. 666, §2.)
[Reserved]
(a) Hospitals that have a licensed obstetric care unit or are licensed to provide obstetric services or licensed birthing centers associated with a hospital shall provide to the mother and alleged father, if he is present in the hospital, during the period immediately preceding or following the birth of a child to an unmarried woman in the hospital, all of the following:
(1) written materials about paternity establishment;
(2) form affidavits of paternity;
(3) a written description of the rights and responsibilities of acknowledging paternity; and
(4) an opportunity, prior to discharge from the hospital, to speak with a trained person made available through the Department of Human Resources, either by telephone or in person, who can clarify information and answer questions about paternity establishment. The Department of Human Resources shall make materials available without cost to the hospitals. If the mother and father complete the affidavit in the hospital, the hospital shall send the affidavit of paternity to the Office of Vital Statistics within five days of the birth of the child. Hospitals may be reimbursed by the Department of Human Resources up to the amount allowable by federal regulations for each completed affidavit. A hospital shall be immune from civil or criminal liability for actions taken pursuant to the requirements of this section.
(b) The Office of Vital Statistics shall offer the mother and the alleged father paternity acknowledgment services as specified in this section.
(c) Notwithstanding any law to the contrary, an affidavit of paternity completed in accordance with this section shall be accepted by the Office of Vital Statistics for purposes of listing the father’s name on the child’s birth certificate.
(d) If a birth certificate has been filed in the Office of Vital Statistics, listing a father of the child, no new birth certificate can be established by the Office of Vital Statistics based on an affidavit of paternity received subsequently by that office unless a determination of paternity has been made by a court of competent jurisdiction or following adoption.
(Act 2008-376, p. 666, §2.)
The law relating to a Putative Father’s Registry is governed by Section 26-10C-1.
(Act 2008-376, p. 666, §2.)
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
[Reserved]
This article governs genetic testing of an individual to determine parentage, whether the individual:
(1) voluntarily submits to testing; or
(2) is tested pursuant to an order of the court or the Alabama Department of Human Resources.
(Act 2008-376, p. 666, §2.)
(a) Except as otherwise provided in this article and Article 6, the court shall order the child and other designated individuals to submit to genetic testing if the request for testing is made by a party to the proceeding, the Alabama Department of Human Resources, or the representative of the child.
(b) The Alabama Department of Human Resources may order genetic testing only in accordance with Section 30-3-197(a)(1).
(c) If a request for genetic testing of a child is made before birth, the court or the Alabama Department of Human Resources may not order in-utero testing.
(d) If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
(Act 2008-376, p. 666, §2.)
(a) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
(1) the American Association of Blood Banks, or a successor to its functions;
(2) the American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
(3) an accrediting body designated by the federal Secretary of Health and Human Services.
(b) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.
(c) Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory’s choice, the following rules apply:
(1) The court, upon motion, may require the testing laboratory, prior to final adjudication of paternity, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory.
(2) The individual objecting to the testing laboratory’s initial choice shall:
(A) if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or
(B) engage another testing laboratory to perform the calculations.
(3) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
(d) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably identify a man as the father of a child under Section 26-17-505, an individual who has been tested may be required to submit to additional genetic testing.
(Act 2008-376, p. 666, §2.)
(a) A report of genetic testing must be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this article is self-authenticating.
(b) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
(1) the names and photographs of the individuals whose specimens have been taken;
(2) the names of the individuals who collected the specimens;
(3) the places and dates the specimens were collected;
(4) the names of the individuals who received the specimens in the testing laboratory; and
(5) the dates the specimens were received.
(Act 2008-376, p. 666, §2.)
(a) Under this chapter, a man is rebuttably identified as the father of a child if the genetic testing complies with this article and the results disclose that:
(1) the man has at least a 99 percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and
(2) a combined paternity index of at least 100 to 1.
(b) A man identified under subsection (a) as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this article which:
(1) excludes the man as a genetic father of the child; or
(2) identifies another man as the possible father of the child.
(c) Except as otherwise provided in Section 26-17-510, if more than one man is identified by genetic testing as the possible father of the child, the court or the Alabama Department of Human Resources pursuant to Section 30-3-197 shall order them to submit to further genetic testing to identify the genetic father.
(Act 2008-376, p. 666, §2.)
(a) Subject to assessment of costs under Article 6, the cost of initial genetic testing must be advanced:
(1) by the Alabama Department of Human Resources in a proceeding in which the Alabama Department of Human Resources is providing services, except when alternative arrangements have been made between the Alabama Department of Human Resources and the testing laboratory;
(2) by the individual who made the request;
(3) as agreed by the parties; or
(4) as ordered by the court.
(b) If paternity is established and the cost of the genetic test was paid for by the Alabama Department of Human Resources, the department may seek recoupment of the cost for the genetic test from the alleged father who denied paternity.
(Act 2008-376, p. 666, §2.)
The court or the Alabama Department of Human Resources pursuant to Section 30-3-197 shall order additional genetic testing upon the request of a party who contests the result of the original testing. If the previous genetic testing identified a man as the father of the child under Section 26-17-505, the court or the Alabama Department of Human Resources pursuant to Section 30-3-197 may not order additional testing unless the party provides advance payment for the testing.
(Act 2008-376, p. 666, §2.)
(a) Subject to subsection (b), if a genetic-testing specimen is not available from an individual who may be the mother or the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:
(1) the parents of the individual;
(2) brothers and sisters of the individual;
(3) other children of the individual and their other parent; and
(4) other relatives of the individual necessary to complete genetic testing.
(b) Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the person sought to be tested.
(Act 2008-376, p. 666, §2.)
For good cause shown, the court may order genetic testing of a deceased individual.
(Act 2008-376, p. 666, §2.)
(a) The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
(b) If each brother satisfies the requirements as the identified father of the child under Section 26-17-505 without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
(Act 2008-376, p. 666, §2.)
An individual who intentionally releases an identifiable specimen of another individual for any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission of the individual who furnished the specimen commits a Class A misdemeanor.
(Act 2008-376, p. 666, §2.)
(a) A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the Alabama Rules of Civil Procedure or the Alabama Rules of Juvenile Procedure as such applies to the court in which the proceeding is filed.
(b) Stipulations in any agreement that seek to bar a paternity action are not enforceable.
(Act 2008-376, p. 666, §2.)
Subject to Article 3 and Sections 26-17-607 and 26-17-609, a proceeding to adjudicate parentage may be maintained by:
(1) the child;
(2) the mother of the child;
(3) a man whose paternity of the child is to be adjudicated;
(4) the Alabama Department of Human Resources;
(5) an authorized adoption agency or licensed child-placing agency licensed in Alabama or any other state that is properly authorized to do business in Alabama;
(6) a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(7) any interested person.
(Act 2008-376, p. 666, §2.)
The following individuals must be joined as parties in a proceeding to adjudicate parentage:
(1) the mother of the child; and
(2) a man whose paternity of the child is to be adjudicated.
(Act 2008-376, p. 666, §2.)
(a) An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(b) A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 30-3A-201 are fulfilled.
(c) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
(Act 2008-376, p. 666, §2.)
Venue for a proceeding to adjudicate parentage is in the county of this state in which:
(1) the child resides;
(2) the defendant resides;
(3) a proceeding for probate or administration of the presumed or alleged father’s estate has been commenced; or
(4) the plaintiff resides, only if the circumstances in subdivisions (1), (2), or (3) do not apply.
(Act 2008-376, p. 666, §2.)
(a) Except as provided in subsection (b) a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after:
(1) the child becomes an adult, but only if the child initiates the proceeding; or
(2) an earlier proceeding to adjudicate paternity has been dismissed based on the application of a statute of limitation then in effect.
(b) An action to determine paternity for the purposes of obtaining support shall not be brought after the child obtains age 19, unless otherwise provided by law.
(Act 2008-376, p. 666, §2.)
(a) Except as otherwise provided in subsection (b), a presumed father may bring an action to disprove paternity at any time. If the presumed father persists in his status as the legal father of a child, neither the mother nor any other individual may maintain an action to disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate action only by clear and convincing evidence. In the event two or more conflicting presumptions arise, that which is founded upon the weightier considerations of public policy and logic, as evidenced by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing paternity of the child by another man.
(Act 2008-376, p. 666, §2.)
(a) In a proceeding to adjudicate the parentage of a child having a presumed father or to challenge the paternity of a child having an acknowledged father, the court may deny a complaint seeking to disprove paternity if the court determines that:
(1) the conduct of the mother or the presumed or acknowledged father estops that party from denying parentage; and
(2) it would be inequitable to disprove the father-child relationship between the child and the presumed or acknowledged father.
(b) When determining whether to deny the complaint, the court shall consider the following factors:
(1) the length of time between the proceeding to adjudicate parentage and the time that the presumed or acknowledged father was placed on notice that he might not be the genetic father;
(2) the length of time during which the presumed or acknowledged father has assumed the role of father of the child;
(3) the facts surrounding the presumed or acknowledged father’s discovery of his possible nonpaternity;
(4) the nature of the relationship between the child and the presumed or acknowledged father;
(5) the age of the child;
(6) the harm that may result to the child if presumed or acknowledged paternity is successfully disproved;
(7) the nature of the relationship between the child and any alleged father;
(8) the extent to which the passage of time reduces the chances of establishing the paternity of another man and a child-support obligation in favor of the child; and
(9) other factors that may affect the equities arising from the disruption of the father-child relationship between the child and the presumed or acknowledged father or the chance of other harm to the child.
(c) In a proceeding involving the application of this section, a minor or incapacitated child must be represented by a guardian ad litem.
(Act 2008-376, p. 666, §2.)
(a) If a child has an acknowledged father, a signatory to the acknowledgment of paternity may maintain a proceeding seeking to rescind the acknowledgment or challenge the paternity of the child only within the time allowed under Section 26-17-307 or 26-17-308.
(b) If a child has an acknowledged father, an individual, who is not a signatory to the acknowledgment of paternity and who seeks an adjudication of paternity of the child may maintain a proceeding at any time after the effective date of the acknowledgment if the court determines that it is in the best interest of the child.
(Act 2008-376, p. 666, §2.)
[Reserved]
A proceeding to determine parentage may be commenced before the birth of the child, but may not be concluded until after the birth of the child. The following actions may be taken before the birth of the child:
(1) service of process;
(2) discovery; and
(3) except as prohibited by Section 26-17-502, collection of specimens for genetic testing.
(Act 2008-376, p. 666, §2.)
(a) A minor child is a permissible party, but is not a necessary party to a proceeding under this article.
(b) The court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or the court finds that the interests of the child are not adequately represented.
(c) The court shall appoint a guardian ad litem to represent a defendant who is a minor and who is not otherwise represented by counsel.
(Act 2008-376, p. 666, §2.)
(a) In all proceedings under this chapter, any party may be represented by counsel.
(b) Nothing contained in this chapter shall be construed so as to guarantee court-appointed counsel at the state’s expense to any party who is not otherwise entitled to court-appointed counsel under statutory or case law. Appointment of counsel for a minor defendant or party who is entitled to counsel and the compensation of such appointed counsel shall be governed by other applicable law.
(Act 2008-376, p. 666, §2.)
(a) Except as otherwise provided in subsection (c), a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects in writing to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. The admissibility of the report is not affected by whether the testing was performed:
(1) voluntarily or pursuant to an order of the court or the Alabama Department of Human Resources; or
(2) before or after the commencement of the proceeding.
(b) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by another method approved by the court. Unless otherwise ordered by the court, the party offering the testimony bears the expense for the expert testifying.
(c) Copies of bills for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 30 days before the date of a hearing are admissible unless objected to by the adverse party to establish:
(1) the amount of the charges billed; and
(2) that the charges were reasonable, necessary, and customary.
(Act 2008-376, p. 666, §2.)
(a) A court order for genetic testing is enforceable by contempt.
(b) If a party declines to submit to genetic testing ordered by the court, the court for that reason may adjudicate parentage contrary to the position of that party.
(c) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or declines to submit to genetic testing, the court may order the testing of the child and every man whose paternity is being adjudicated.
(Act 2008-376, p. 666, §2.)
(a) A defendant in a proceeding to adjudicate parentage may admit to the paternity of a child by filing a verified pleading to that effect or by admitting paternity under penalty of perjury when making an appearance or during a hearing.
(b) If the court finds that the admission of paternity satisfies the requirements of this section and finds that there is no reason to question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
(Act 2008-376, p. 666, §2.)
(a) In a proceeding under this article, upon a motion by a party the court shall issue a temporary order for support of a child if the order is appropriate and the individual ordered to pay support is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father through genetic testing under Section 26-17-505;
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child; or
(6) the mother of the child.
(b) A temporary order may include provisions for custody and visitation as provided by other law of this state.
(Act 2008-376, p. 666, §2.)
The court shall apply the following rules to adjudicate the paternity of a child:
(1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the father of the child or identifying another man as the father of the child.
(2) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man identified as the father of a child under Section 26-17-505 must be adjudicated the father of the child.
(3) If the court finds that genetic testing under Section 26-17-505 neither identifies nor excludes a man as the father of a child, the results of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing, a man excluded as the father of a child by genetic testing must be adjudicated not to be the father of the child.
(Act 2008-376, p. 666, §2.)
The court, without a jury, shall adjudicate paternity of a child.
(Act 2008-376, p. 666, §2.)
(a) On request of a party and for good cause shown, the court may close a proceeding under this article.
(b) A court file in a proceeding under this article is available for public inspection unless sealed by an order of the court for good cause.
(Act 2008-376, p. 666, §2.)
The court shall issue an order adjudicating the paternity of a man who:
(1) after service of process, is in default; and
(2) is found by the court to be the father of a child.
(Act 2008-376, p. 666, §2.)
The court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
(Act 2008-376, p. 666, §2.)
(a) The court shall issue an order adjudicating whether a man alleged or claiming to be the father is the parent of the child.
(b) An order adjudicating parentage must identify the child by name and date of birth, if known.
(c) Except as otherwise provided in subsection (d), the court may assess filing fees, reasonable attorney’s fees, fees for genetic testing, other costs, and necessary travel and other reasonable expenses incurred in a proceeding under this article, subject to the following rules:
(1) Parties to proceedings under this chapter should pay the fees and expenses of retained counsel, expert witnesses, guardians ad litem, the costs of appropriate tests and other costs of the trial as they may, themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian ad litem fees, costs of appropriate tests and other costs of the trial, including docket fees, to be paid by the parties in such proportions as the court may direct. In the event the court determines that a party is unable to pay the fees and costs as directed, it may order fees and costs, including fees and costs of appropriate tests, if such tests have been ordered by the court as provided in Section 26-17-506, to be paid from the fund entitled, “court costs not otherwise provided for.” If costs and fees are ordered to be paid from the fund, claims shall be submitted by the clerk of the court to the state Comptroller for audit and allowance and, if approved by the Comptroller, shall be forwarded to the State Treasurer for payment from the fund. Provided, docket fees and fees of retained counsel shall not be paid from the fund. Docket fees shall be waived if the court determines that the parties are incapable of paying them.
(2) When an action is brought by the Department of Human Resources, its agent, the district attorney, or an attorney authorized to represent the State of Alabama, no fee shall be paid to the clerk of the court but may be taxed as a cost of the action as provided herein. If an appeal is taken by the state, no security for the costs need be given.
(3) The court may award attorney’s fees and other expenses, which may be paid directly to the attorney, who may enforce the order in the attorney’s own name.
(d) When a party bringing an action is represented by the district attorney or attorney authorized to represent the State of Alabama, no filing fee shall be paid to the clerk of the court but may be taxed as a cost of the action as provided herein. The court may not assess fees, costs, or expenses against the support-enforcement agency of this state or another state, except as provided by other law or except for good cause shown.
(e) On request of a party and for good cause shown, the court may order that the name of the child be changed.
(f) If the order of the court is at variance with the child’s birth certificate, the court shall order the Alabama Office of Vital Statistics to issue an amended birth certificate.
(g) The order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes. Upon paternity being established, the court shall immediately determine support payments at the conclusion of the paternity hearing and make support payment determination including the provision for medical support or health insurance a part of the order establishing paternity. The order may contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and visitation of the child or the furnishing of bond or other security for payment under the order. The order may direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement.
(h) Except as provided in Title 30, Chapter 3, Article 5, a parent’s liabilities for past support is limited to a period of two years next preceding the commencement of an enforcement action under this chapter unless an order of support has been previously entered.
(i) The provisions of this article do not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to distribution and closing of decedents’ estates or to the determination of heirship, or otherwise.
(Act 2008-376, p. 666, §2.)
(a) Except as otherwise provided in subsection (b), a determination of parentage is binding on:
(1) all signatories to an acknowledgement as provided in Article 3; and
(2) all parties to an adjudication by a court acting under circumstances that satisfy the jurisdictional requirements of Section 30-3A-201.
(b) A child is not bound by a determination of parentage under this chapter unless the child was a party or was represented in the proceeding determining parentage by a guardian ad litem.
(c) In a proceeding to dissolve a marriage, the court is deemed to have made an adjudication of the parentage of a child if the court acts under circumstances that satisfy the jurisdictional requirements of Section 30-3A-201, and the final order expressly identifies a child as a “child of the marriage,” “issue of the marriage,” or similar words indicating that the husband is the father of the child.
(d) Except as otherwise provided in subsection (b), a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by an individual who was not a party to the earlier proceeding.
(e) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to appeal, vacation of judgments, or other judicial review including proceedings under Section 26-17A-1.
(Act 2008-376, p. 666, §2.)
Post judgment motions and hearings are governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, and the Alabama Rules of Juvenile Procedure.
(Act 2008-376, p. 666, §2.)
This article does not apply to the birth of a child conceived by means of sexual intercourse.
(Act 2008-376, p. 666, §2.)
A donor who donates to a licensed physician for use by a married woman is not a parent of a child conceived by means of assisted reproduction. A married couple who, under the supervision of a licensed physician, engage in assisted reproduction through use of donated eggs, sperm, or both, will be treated at law as if they are the sole natural and legal parents of a child conceived thereby.
(Act 2008-376, p. 666, §2.)
If a husband provides sperm for, or consents to, assisted reproduction by his wife as provided in Section 26-17-704, he is the father of a resulting child.
(Act 2008-376, p. 666, §2.)
(a) Consent by a married woman to assisted reproduction for herself must be in a record signed by the woman and her husband and maintained by the assisting licensed physician. Consent by the husband of a married woman is not required for the donation of eggs by a married woman for assisted reproduction by another woman.
(b) Failure of the husband to sign a consent required by subsection (a), before or after birth of the child, does not preclude a finding that the husband is the father of the child born to his wife if the wife and husband openly held out the child as their own.
(c) The consent of a spouse to assisted reproduction may be withdrawn by that individual at anytime before placement of the donated eggs, sperm, or embryos. The withdrawal must be in a signed record maintained by the licensed assisting physician.
(Act 2008-376, p. 666, §2.)
The husband of a wife who gives birth to a child by means of assisted reproduction may challenge his paternity of the child in the same manner as a presumed father under Section 26-17-607.
(Act 2008-376, p. 666, §2.)
(a) If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless the former spouse consented in a signed record, maintained by the licensed assisting physician, that if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child.
(b) The consent of a former spouse to assisted reproduction may be withdrawn by that individual in a signed record, maintained by the licensed assisting physician, at any time before placement of eggs, sperm, or embryos. An individual who withdraws consent under this section is not a parent of the resulting child.
(Act 2008-376, p. 666, §2.)
If a spouse dies before placement of eggs, sperm, or embryos, the deceased spouse is not a parent of the resulting child unless the deceased spouse consented in a signed record, maintained by the licensed assisting physician, that if assisted reproduction were to occur after death, the deceased individual would be a parent of the child.
(Act 2008-376, p. 666, §2.)
[Reserved]
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2008-376, p. 666, §2.)
If any provision of this chapter or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Act 2008-376, p. 666, §2.)
This chapter takes effect on January 1, 2009.
(Act 2008-376, p. 666, §2.)
A proceeding to adjudicate parentage which was commenced before January 1, 2009, is governed by the law in effect at the time the proceeding was commenced.
(Act 2008-376, p. 666, §2.)
Pursuant to the Uniform Enforcement of Foreign Judgments Act, Sections 6-9-230 et seq., a court in this state shall give full faith and credit to a paternity determination of any other state whether established through a voluntary acknowledgment, an administrative process, or a judicial process which paternity determination shall be enforced and otherwise treated in the same manner as a paternity determination of this state.
(Act 2008-376, p. 666, §2.)
(a) Upon petition of the defendant in a paternity proceeding where the defendant has been declared the legal father, the case shall be reopened if there is scientific evidence presented by the defendant that he is not the father. The court shall admit into evidence any scientific test recognized by the court that has been conducted in accordance with established scientific principles or the court may order a blood test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court orders a test and any of the persons to be tested refuse to submit to the test, the fact shall be disclosed at the trial, unless good cause is shown.
(b) The test shall be made by a qualified expert approved by the court. The expert may be called by the court or any party as a witness to testify to the test results and shall be subject to cross-examination by the parties. The test results may be admitted into evidence. If more than one test is performed and the results are conflicting, none of the test results shall be admissible as evidence of paternity or nonpaternity.
(c) Compensation of the expert witness shall be paid by the petitioner.
(d) In the event the child has been adopted the matter of paternity may not be reopened under this chapter.
(Acts 1994, No. 94-633, p. 1177, §1.)
In any decree setting aside an order of paternity pursuant to this chapter, there shall be no claim for damages against the court rendering the initial order of paternity nor any reimbursement or recoupment of money or damages against the mother, the state, or any employee or agent of the state.
(Acts 1994, No. 94-633, p. 1177, §2.)
[Repealed]
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §1.)
[Repealed]
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §2.)
[Repealed]
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §3.)
[Repealed]
Repealed by Act 2008-277, §30, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §4.)
Amended and renumbered as Section 12-15-317 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §5; Act 98-370, p. 670, §1.)
Amended and renumbered as Section 12-15-318 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1.)
Amended and renumbered as Section 12-15-319 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §7; Act 97-851, p. 138, §1; Act 98-370, p. 670, §1.)
Amended and renumbered as Section 12-15-320 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §8.)
Amended and renumbered as Section 12-15-321 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §9.)
Amended and renumbered as Section 12-15-322 by Act 2008-277, §19, effective January 1, 2009.
(Acts 1984, No. 84-261, p. 442, §10.)
Renumbered as Section 12-15-324 by Act 2008-277, §19, effective January 1, 2009.
(Act 98-370, p. 670, §2.)
For purposes of this chapter, the following words shall have the meanings ascribed, unless the context clearly indicates otherwise:
(1) ACMEC. The Alabama Center for Missing and Exploited Children created by this chapter within the department.
(2) CJIC. The Criminal Justice Information Center of the state.
(3) DEPARTMENT. The Alabama State Law Enforcement Agency.
(4) LAW ENFORCEMENT AGENCIES. Federal, state and local law enforcement agencies of this state primarily, and of other states generally.
(5) MISSING CHILD. A child whose whereabouts are unknown to the child’s legal custodian, the circumstances of whose absence indicate that:
a. The child did not voluntarily leave the care and control of the custodian, and the taking of the child was not authorized by law; or
b. The child voluntarily left the care and control of the child’s legal custodian without the custodian’s consent and without intent to return.
(6) MISSING PERSON. A person 18 years old or older whose disappearance is possibly not voluntary.
(7) NCIC. The National Crime Information Center and its computer system of reported missing persons and unidentified deceased persons maintained by the Federal Bureau of Investigation.
(8) SECRETARY. The Secretary of the Alabama State Law Enforcement Agency.
(Acts 1985, No. 85-538, p. 653, §1; Acts 1997, No. 97-416, p. 698, §1.)
There is created within the Alabama State Law Enforcement Agency a statewide information and investigation center for the reporting by law enforcement agencies and other agencies and persons of missing persons, exploited children, and unidentified deceased persons. The center shall be known as the Alabama Center for Missing and Exploited Children, which may be referred to simply as “ACMEC.”
(Acts 1985, No. 85-538, p. 653, §2; Acts 1997, No. 97-416, p. 698, §1.)
The Secretary of the Alabama State Law Enforcement Agency is required to establish the Alabama Center for Missing and Exploited Children within the department, and for any purposes, may transfer or assign existing personnel within the department and may hire additional technical, legal, clerical, investigative, and other persons necessary to implement this chapter.
(Acts 1985, No. 85-538, p. 653, §3; Acts 1997, No. 97-416, p. 698, §1.)
ACMEC shall be responsible for the following specific functions:
(1) To receive and promptly enter into the Alabama State Law Enforcement Agency’s computer system all reports of law enforcement agencies, and other persons and agencies, of missing children and adults, exploited children, and of unidentified deceased persons, and all pertinent information submitted by the person or agency reporting which is contained in any investigation or investigations conducted pursuant to the report. ACMEC shall promptly enter the information in the NCIC computer network. If a missing person is subsequently found or if an unidentified deceased person is subsequently identified, and the information is reported to the ACMEC, ACMEC shall maintain, as necessary, the data for law enforcement purposes only.
(2) To coordinate with and provide assistance to state and local public and private nonprofit agencies, including those of other states and the federal government, in investigating cases of missing persons, exploited children, and unidentified bodies and to conduct appropriate investigations.
(3) To provide training to law enforcement officers, other professionals, and medical examiners, when available, on issues relating to missing persons, exploited children, and unidentified bodies.
(4) To compile annual statistics on the number of missing persons, exploited children, and unidentified deceased persons in this state.
(5) To develop recommendations for uniform reporting and investigation protocol for law enforcement agencies within this state and the use of computer systems.
(6) To establish and operate a toll free telephone number to assist agencies and individuals in the reporting of missing persons, exploited children, and unidentified deceased persons.
(7) To provide periodic lists, including photographs if available, to the State Board of Education, of all missing school children in this state, grades K-12.
(8) To assist local law enforcement agencies and other agencies to set up direct computer access to the state computer system.
(9) To solicit and collect from the state and local public and private nonprofit agencies in other states and of the national government dealing with missing persons all available lists of missing children grades K-12 for dissemination to the State Board of Education.
(10) To provide all state and local public and private nonprofit agencies in other states or of the national government dealing with missing persons a list of all missing Alabama children, with photographs, if available, for dissemination to the school systems of other states to locate the children.
(11) To act as liaison between private citizens and law enforcement agencies regarding the appropriate procedures for handling and responding to missing person cases and cases involving exploited children.
(12) To assist local law enforcement agencies and community organizations who sponsor programs to fingerprint children by enabling parents to retain a permanent fingerprint record of their children for identification purposes.
(13) To assist in the preparation and dissemination of fliers of missing persons, exploited children, and their abductors.
(14) To operate a resource center of information regarding prevention of abduction and sexual exploitation of children.
(Acts 1985, No. 85-538, p. 653, §4; Acts 1997, No. 97-416, p. 698, §1.)
Any law enforcement agency in this state in which a complaint of a missing person has been filed shall prepare and send a report to ACMEC immediately on any missing person or unidentified deceased person. That report shall include, but is not limited to, the following:
(1) All information contained in the complaint on a missing person.
(2) All information or evidence gathered by a preliminary investigation, if one was made.
(3) A statement, by the law enforcement officer in charge, setting forth that officer’s assessment of the case based upon all evidence and information received.
(4) An explanation of the next steps to be taken by the law enforcement agency filing the report.
(Acts 1985, No. 85-538, p. 653, §5; Acts 1997, No. 97-416, p. 698, §1.)
Upon completion of the report, a copy of the teletype message with pertinent information shall be forwarded to:
(1) All law enforcement agencies having jurisdiction of the location in which the missing person lives or was last seen.
(2) All law enforcement agencies considered to be potentially involved by the law enforcement agency filing the report.
(3) All law enforcement agencies which the complainant requests the report to be sent to, if the request is reasonable in light of the information contained in the report.
(4) Any law enforcement agency requesting a copy of the missing person report.
(Acts 1985, No. 85-538, p. 653, §6.)
Upon receiving a report of a person believed to be missing, the law enforcement agency shall conduct a preliminary investigation to determine whether the person is missing. If the person is determined to be missing, the agency shall immediately enter identifying and descriptive information about the person to the Alabama Center for Missing and Exploited Children (ACMEC) and to the National Crime Information Center (NCIC) through the Criminal Justice Information Center (CJIC). Law enforcement agencies having direct access to the CJIC and the NCIC computer shall enter and retrieve the data directly and shall cooperate in the entry and retrieval of data on behalf of law enforcement agencies which do not have direct access to the systems. Law enforcement agencies shall likewise report or enter data to ACMEC relating to unidentified deceased persons.
(Acts 1985, No. 85-538, p. 653, §7; Acts 1997, No. 97-416, p. 698, §1.)
Immediately after a missing person is located, or an unidentified deceased person is subsequently identified, the law enforcement agency which locates or returns the missing person, or which identifies a previously unidentified deceased person, shall notify the law enforcement agency having jurisdiction over the investigation, and that agency shall cancel the entry from the state CJIC, the NCIC computer, and from ACMEC.
(Acts 1985, No. 85-538, p. 653, §8; Acts 1997, No. 97-416, p. 698, §1.)
The State Board of Education shall perform the following functions:
(1) Collect each month a list of missing Alabama school children, with a photograph, if available, as provided by ACMEC. A missing Alabama school child shall be defined for the purposes of this section as a child under 18 years whose whereabouts are unknown and who may reasonably be expected to be attending an Alabama school. The list shall be designed to include such information as the board deems necessary for the identification of the missing school child.
(2) Compile from the information collected pursuant to subdivision (1) a list of missing school children, to be distributed monthly to all public school systems admitting children to kindergarten through grade 12. The list shall include the names of all such missing children, together with such other information, with photographs, when available. The school systems shall distribute this information to the public schools in the system by whatever manner each system deems appropriate.
(3) Obtain from principals of public, private, and parochial schools in Alabama the name, birthdate, and Social Security number of each pupil who enrolls in the school for the first time and submit the information to ACMEC within thirty (30) days of the pupil’s enrollment.
(Acts 1985, No. 85-538, p. 653, §9; Acts 1997, No. 97-416, p. 698, §1.)
Every public school system in this state shall notify the Department of Education and ACMEC immediately with respect to any child whose name appears on the department’s list of missing school children who is subsequently found.
(Acts 1985, No. 85-538, p. 653, §10; Acts 1997, No. 97-416, p. 698, §1.)
This chapter shall be known and may be cited as the Missing and Endangered Persons Alert Act.
(Act 2009-145, p. 280, §1; Act 2020-40, §1.)
The Missing and Endangered Persons Alert Act is enacted for the following purposes:
(1) To provide a rapid response if either of the following occur:
a. The department verifies that an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism is missing or lost and is at risk of bodily harm or death.
b. The department verifies that an individual has been abducted and the department has a reasonable belief that the individual is at risk of bodily harm or death.
(2) To gain the voluntary assistance of the broadcast media to help locate missing and endangered persons.
(Act 2009-145, p. 280, §2; Act 2018-456, §1; Act 2020-40, §1; Act 2023-348, §1.)
When used in this chapter, the following terms have the following meanings:
(1) BROADCASTER. Any entity that is engaged in the business of broadcasting video or audio programs, whether through the public airwaves, by cable, by direct or indirect satellite transmissions, or by any other means of communication.
(2) DEPARTMENT. The Alabama State Law Enforcement Agency.
(3) MISSING AND ENDANGERED PERSONS ALERT. A voluntary program entered into by the department and other local and state law enforcement agencies and the Alabama Association of Broadcasters and broadcasters licensed to serve in the state, which provides that if the department verifies that an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism is missing or lost and is at risk of bodily harm or death, or that an individual has been abducted and the department has a reasonable belief that the individual is at risk of bodily harm or death, a media alert is transmitted. The broadcasters participating in the program then distribute the media alert.
(Act 2009-145, p. 280, §3; Act 2020-40, §1; Act 2023-348, §1.)
(a) A missing and endangered persons alert shall be activated by the department when an individual is reported missing, lost, or abducted, and an investigation reveals the following:
(1) The individual is living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism and is at risk of bodily harm or death or the individual has been abducted and the department has a reasonable belief that the individual is at risk of bodily harm or death.
(2)a. There is enough descriptive information about the individual to believe an immediate media alert would help investigators locate the individual.
b. For an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism, a statement from a caregiver that the individual lives with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism shall be considered sufficient proof of the mental disability, physical disability, Alzheimer’s disease, dementia, or autism.
(b) A report of a missing and endangered person may be made by a local law enforcement agency to the department as soon as a concerned party or caregiver believes the individual’s missing and the originating local law enforcement agency has entered identifying and descriptive information about the missing and endangered person to the Alabama Center for Missing and Exploited Children and to the National Crime Information Center pursuant to Section 26-19-7. Upon the submission of the report, a search in the missing and endangered person’s local area may begin immediately, and the department may expand the search to include areas outside of the missing and endangered person’s local area if needed.
(c) The department and local law enforcement agencies shall require law enforcement officers and other emergency personnel to complete first responder training for missing persons living with Alzheimer’s disease or other forms of dementia, if the training is available through the department, the Alabama Peace Officers’ Standards and Training Commission, or the free training and certification program offered by the Alzheimer’s Association. If a missing and endangered person report is made for an individual living with Alzheimer’s disease or dementia, the department and local law enforcement agencies shall utilize, if available, personnel who have participated in this training to assist in conducting the search.
(Act 2009-145, p. 280, §4; Act 2018-456, §1; Act 2020-40, §1; Act 2023-348, §1.)
Once a determination has been made to activate the missing and endangered person media alert, the department shall do the following:
(1) Issue a local media alert via email indicating that an individual living with a mental disability, physical disability, Alzheimer’s disease, dementia, or autism is missing, or an individual has been abducted, and the individual is believed to be in danger.
(2) Prepare and send via email the information and description of the missing and endangered person to the media in the appropriate area.
(3) Supplement the information by descriptions or photographs of the individual to the media and the public through the following:
a. Email description.
b. Post the missing and endangered person’s photograph on the department’s website.
(4)a. Once the missing and endangered person is found or the case is closed, the initiating law enforcement agency shall notify the department, which shall distribute a media alert cancellation.
b. Law enforcement officials shall notify other agencies of the cancellation.
(Act 2009-145, p. 280, §5; Act 2020-40, §1; Act 2023-348, §1.)
The department may adopt any rules necessary to implement this chapter.
(Act 2009-145, p. 280, §6.)
This chapter shall be known and may be cited as the Hiawayi Robinson Emergency Missing Child Alert System Act.
(Act 2015-28, §1.)
(a) There is established a statewide Emergency Missing Child Alert System to be developed and implemented by the Secretary of the Alabama State Law Enforcement Agency, or his or her designee, who shall serve as the state coordinator of the alert system.
(b) The agency shall implement this system in conjunction with any existing missing child notification system used by the agency.
(c) All local law enforcement agencies shall participate in the alert system.
(Act 2015-28, §2.)
When a missing child report is given to a local law enforcement agency and every person accountable for the care of a child under 18 years of age, including, but not limited to, parents, grandparents, other relatives, teachers, or other caregivers, has been contacted and confirms that the whereabouts of the child is unknown, the local law enforcement agency shall immediately request an emergency missing child alert, if the criteria adopted by the Alabama State Law Enforcement Agency have been met.
(Act 2015-28, §3.)
(a) Once a determination has been made to activate an emergency missing child alert, the local law enforcement agency shall do the following:
(1) Immediately request the Alabama State Law Enforcement Agency to issue an emergency missing child alert, providing all pertinent information regarding the missing child to the agency.
(2) Supplement the information by descriptions and photographs of the child to the Alabama State Law Enforcement Agency for dissemination to the media, to the public through any means available, including the Internet, and by posting the missing child’s photograph on the agency’s website, if available.
(b) The Alabama State Law Enforcement Agency shall do both of the following:
(1) Prepare and send via email the information and description of the missing child to the media statewide.
(2) Post the missing child’s photograph on the agency’s website.
(c) Once a missing child is found or the case is closed, the originating law enforcement agency shall request the Alabama State Law Enforcement Agency to deactivate the emergency missing child alert.
(Act 2015-28, §4.)
(a) The Alabama State Law Enforcement Agency shall do all of the following:
(1) Adopt rules necessary to ensure the proper implementation of the emergency missing child alert system, including procedures for the activation and deactivation of the alert system.
(2) Prescribe forms for use by local law enforcement agencies for activating the alert system and transmitting information to the Alabama State Law Enforcement Agency regarding a missing child.
(3) Research enhanced technological methods for the expeditious public notification of a missing child, including electronic and web-based technologies and rapid telephone systems that alert residents in a targeted area, and implement those technological methods if feasible.
(b) The Alabama State Law Enforcement Agency or a local law enforcement agency may recruit public and commercial television, radio, cable, print or electronic media, other media, private commercial entities, state or local governmental entities, the public, and other appropriate persons to assist in developing and implementing the alert system.
(c) The Alabama State Law Enforcement Agency may enter into agreements with participants in the alert system to provide necessary support for the alert system.
(Act 2015-28, §5.)
An entity or individual participating in the dissemination of an alert generated through the alert system under this chapter is not liable for any civil damages arising from the dissemination of the alert absent unreasonable, wanton, willful, or intentional conduct.
(Act 2015-28, §6.)
[Repealed]
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §1.)
[Repealed]
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §2.)
[Repealed]
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §3.)
[Repealed]
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §4.)
[Repealed]
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §5.)
[Repealed]
Repealed by Act 2000-775, p. 1775, §12, effective November 1, 2000.
(Acts 1985, No. 85-681, p. 1074, §6.)
(a) It is the intent of the Legislature in enacting this parental consent provision to further the important and compelling state interests of: (1) protecting minors against their own immaturity, (2) fostering the family structure and preserving it as a viable social unit, and (3) protecting the rights of parents to rear children who are members of their household.
(b) The Legislature finds as fact that: (1) immature minors often lack the ability to make fully informed choices that take account of both immediate and long-range consequences, (2) the medical, emotional, and psychological consequences of abortion are serious and can be lasting, particularly when the patient is immature, (3) the capacity to become pregnant and the capacity for mature judgment concerning the wisdom of an abortion are not necessarily related, (4) parents ordinarily possess information essential to a physician’s exercise of his or her best medical judgment concerning the child, and (5) parents who are aware that their minor daughter has had an abortion may better insure that she receives adequate medical attention after her abortion. The Legislature further finds that parental consultation is usually desirable and in the best interests of the minor.
(c) The Legislature further finds that the United States Supreme Court has held under certain circumstances a minor may seek permission to have an abortion without her parent’s consent by petitioning a court. The Legislature enacts a judicial by-pass procedure for the purposes of meeting the Constitutional standard and finds that in order to do substantial justice it is necessary that the Alabama courts be provided guidance in determining appropriate procedure and evidence.
(d) The Legislature further finds the public policy of the State of Alabama is to respect life and provide safeguards to protect life in the criminal, health, and other laws of the State of Alabama; that in respecting and protecting life, there is included the unborn life of a child whose life may be subject to termination before birth by abortion and that when the mother of the unborn life is a minor who seeks an abortion through the judicial by-pass procedure, it is the interest of the State of Alabama to not only establish and protect the rights of the minor mother, but also to protect the state’s public policy to protect unborn life; the protection of these interests is done, in part, by requiring judges to make determinations pursuant to the judicial by-pass procedure and to require judges be provided with sufficient evidence and information upon which they may make informed and proper decisions.
(e) Alabama judges are called upon to make decisions not only respecting the lives of born persons, such as in capital punishment cases, but also respecting the lives of unborn persons, such as in judicial by-pass cases for minor abortions; it is always the Legislature’s intent to provide guidance to the Alabama courts on how life may be best protected.
(f) It is not the intent of the Legislature to place an undue burden on the minor’s otherwise legal right to make a decision on whether to obtain an abortion of her unborn child; the Legislature’s intent is to provide guidance and assistance to minors who find themselves in the unfortunate position of having to make such decisions and to courts who must act in the place of parents in providing an alternative by-pass mode for decision making.
(Acts 1987, No. 87-286, p. 397, §1; Act 2014-445, p. 1660, §1.)
For purposes of this chapter, the following definitions shall apply:
(1) MINOR. Any person under the age of 18 years;
(2) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise been legally freed from the care, custody, and control of her parents;
(3) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term “abortion” as used herein does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman where the unborn child has a lethal anomaly. For the purposes of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7, a “lethal anomaly” means the child would die at birth, or be stillborn. For purposes of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7, the term “ectopic pregnancy” means any pregnancy resulting from a fertilized egg that was implanted or attached outside the uterus. The term “ectopic pregnancy” also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.
(4) MEDICAL EMERGENCY. A condition that, absent an abortion performed before the requirements of Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7 are met, and based on the applicable standard of care, is likely to result in the death of the pregnant woman or is likely to result in substantial irreversible impairment of a major bodily function.
(Acts 1987, No. 87-286, p. 397, §2; Act 2014-445, p. 1660, §1.)
(a) Except as otherwise provided in subsections (b) and (d) of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion upon an unemancipated minor unless the physician or his or her agents first obtain the written consent of either parent or the legal guardian of the minor.
(b) The physician who shall perform the abortion or his or her agents shall obtain or be provided with the written consent from either parent or legal guardian stating the names of the minor, parent, or legal guardian, that he or she is informed that the minor desires an abortion and does consent to the abortion, the date, and the consent shall be signed by either parent or legal guardian. The signatures of the parents, parent, or legal guardian shall be affixed and the information required in this subsection shall be on a form to be provided by, and shall be written in the presence of, the physician who shall perform the abortion or his or her agents. The parents, parent, or legal guardian shall provide to the physician who shall perform the abortion, or his or her agents, evidence of parentage or legal guardianship. For parents or a parent, there shall also be required a certified birth certificate of the minor identifying the minor and the parents or parent. For a legal guardian or adoptive parent, there shall be required a duly certified court order or other official document naming the legal guardian or adoptive parent as such for the minor. If official photographic personal identification has not been issued to any parents, parent, or legal guardian, other official identification shall be acceptable, provided the parents, parent, or legal guardian affirms in writing on the form herein required under oath, with recognition of criminal penalties, that he or she does not possess any photographic identification and that the alternative personal identification provided is his or her identification. The parent, parents or legal guardian signing the consent shall attest with recognition of criminal penalties that he or she is the parent or legal guardian, has not been deprived of primary custody or joint physical custody of the minor by any court of law, and has not given the child up for adoption or otherwise waived parental rights. If the minor does not have a certified birth certificate, an abortion may be performed only if the physician who shall perform the abortion certifies in writing in the minor’s medical record that a medical emergency exists or that there is insufficient time to obtain a certified birth certificate, and provided the minor can provide other government issued identification. The parents, parent, or minor shall obtain a certified birth certificate as soon thereafter as possible and provide a certified copy to the physician who performed the abortion or his or her agents, and if it is not received within 90 days, he or she shall report the failure to the State of Alabama Department of Public Health on a form provided by the department. Any certified document, a photocopy of the personal identification, and any other documentation required by this subsection shall be attached to the completed consent form and shall be kept as a part of the minor’s patient file for four years. All signatures required by Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7 by the minor, a parent or parents, a legal guardian, physician, or another person shall be attested either by two witnesses, or by a notary public.
(c) If the minor is emancipated, the physician who shall perform the abortion or his or her agents shall obtain a written form stating the name of the emancipated minor, that the minor is emancipated, the type of emancipation, and the date, and the form shall be signed by the emancipated minor. The written form shall be signed in the presence of the physician who shall perform the abortion or his or her agents and witnessed by the physician or the agents. The emancipated minor shall also provide a license or certificate of marriage, judgment, or decree of divorce, order of emancipation or relieving her of the disabilities of nonage, or other court document evidencing her marriage, divorce, or emancipation. Any such document shall be a copy of the original, duly certified by the appropriate court. Such certified document shall be attached to the written form and kept as a part of the minor’s patient file for four years.
(d) A minor, including a ward of the state, who elects not to seek or does not or cannot for any reason, including unavailability or refusal by either or both parents or legal guardian, obtain consent from either of her parents or legal guardian under this section, may petition, on her own behalf, the juvenile court, or court of equal standing, in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this section pursuant to the procedure of Section 26-21-4.
(e) A parent, legal guardian, custodian, or any other person, shall not coerce a minor to have an abortion performed.
(f) The Department of Public Health shall propose within 90 days of July 1, 2014, the forms required in subsections (b) and (c).
(Acts 1987, No. 87-286, p. 397, §3; Act 2014-445, p. 1660, §1.)
(a) A minor who elects not to seek or does not or cannot for any reason, obtain consent from either of her parents or legal guardian, may petition, on her own behalf, the juvenile court, or the court of equal standing, in the county in which the minor resides or in the county in which the abortion is to be performed for a waiver of the consent requirement of this chapter. Notice by the court to the minor’s parents, parent, or legal guardian shall not be required or permitted. The requirements and procedures under this chapter shall apply and are available only to minors who are residents of this state.
(b) The minor may participate in proceedings in the court on her own behalf. The court shall advise her that she has a right to be represented by an attorney and that if she is unable to pay for the services of an attorney one will be appointed for her. If the court appoints an attorney to represent her, such attorney shall be compensated as provided in Section 15-12-21. If the minor petitioner chooses to represent herself, such pleadings, documents, or evidence that she may file with the court shall be liberally construed by the court so as to do substantial justice.
(c) The court shall insure that the minor is given assistance in preparing and filing the petition. Such assistance may be provided by court personnel including intake personnel of juvenile probation services. The minor’s identity shall be kept confidential, but her identity may be made known to the judge, any guardian ad litem, the district attorney or any representative of the district attorney’s office of the county where the minor is a resident or the county where the abortion is to be performed, any appropriate court personnel, any witness who has a need to know the minor’s identity, or any other person determined by the court who needs to know. Any person who is given the identity of the minor shall keep her name confidential and shall not give it to any other person, unless otherwise ordered by the court.
(d) The petition required in Section 26-21-3(d) shall be made under oath and shall include all of the following:
(1) A statement that the petitioner is pregnant;
(2) A statement that the petitioner is unmarried, under 18 years of age, and unemancipated;
(3) A statement that the petitioner wishes to have an abortion without the consent of either parent or legal guardian.
(4) An allegation of either or both of the following:
a. That the petitioner is sufficiently mature and well enough informed to intelligently decide whether to have an abortion without the consent of either of her parents or legal guardian.
b. That one or both of her parents or her guardian has engaged in a pattern of physical, sexual, or emotional abuse against her, or that the consent of her parents, parent or legal guardian otherwise is not in her best interest.
(5) A statement as to whether the petitioner has retained an attorney and the name, address, and telephone number of her attorney.
(e) Court proceedings shall be given such precedence over other pending matters as is necessary to insure that the court may reach a decision promptly, but in no case, except as provided herein, shall the court fail to rule within 48 hours of the time the petition is filed, Saturdays, Sundays, and legal holidays excluded. Provided, however, this time requirement may be extended on the request of the minor or any other participant in the proceeding, or by order of the court for the purpose of obtaining further testimony or evidence necessary for it to make an informed decision and to do substantial justice. If a juvenile court judge is not available for the hearing provided herein, the clerk of the court in which the petition was filed shall forthwith notify the presiding circuit court judge and the presiding circuit court judge of the circuit shall immediately appoint a district or circuit court judge to hear the petition.
(f) Except as otherwise required by the section, this court shall adhere to the Rules of Juvenile Procedure, the Rules of Civil Procedure and Rules of Evidence required of Alabama courts. The court shall assure that it is presented sufficient probative evidence upon which to make its findings, either granting or denying the minor’s petition. If the court determines at the initial hearing on the petition that additional evidence or testimony is necessary, the court may adjourn the hearing and issue instanter subpoenas or otherwise permit any party or participant in the hearing to bring before the court admissible evidence or testimony either in support of or against the petition.
(g) The required consent shall be waived if the court finds either:
(1) That the minor is mature and well-informed enough to make the abortion decision on her own; or
(2) That performance of the abortion would be in the best interest of the minor.
(h) In determining if either of the requirements in subsection (g) are met, the court shall require that the minor provide probative and admissible evidence, which may include hearsay evidence, that she has been informed and understands the medical procedure of abortion and its consequences and that she has been informed and counseled by a qualified person as to the alternatives to abortion. She shall explain each of the foregoing to the court and the court shall be satisfied that she is making an informed judgment and shall document its finding in its order. The minor shall present such additional probative evidence to the court of her maturity that demonstrates to the court that she has sufficient experience with and understanding of life which enables her to make mature and informed decisions. Further, the minor may provide to the court a substantive explanation of why she cannot consult with her parent, parents, or legal guardian to assist her in making the decision. It shall not be sufficient that the court find the minor mature because she has requested relief from the court, but rather the totality of the evidence must be probative and of such weight to prove that the minor is mature and well-informed enough to make the abortion decision on her own, or that the performance of the abortion will be in her best interest. Uncorroborated legal conclusions by the minor shall not be sufficient to support a determination by the court to grant her petition. In the event of a denial of the petition by the court, the minor may re-file the petition once for a de novo hearing with the court.
(i) The court shall immediately notify the district attorney’s office of the county in which the minor is a resident, or the county where the petition was filed of the filing of the petition on the day of such filing and the district attorney or his or her representative shall participate as an advocate for the state to examine the petitioner and any witnesses, and to present evidence for the purpose of providing the court with a sufficient record upon which to make an informed decision and to do substantial justice.
(j) In the court’s discretion, it may appoint a guardian ad litem for the interests of the unborn child of the petitioner who shall also have the same rights and obligations of participation in the proceeding as given to the district attorney’s office. The guardian ad litem shall further have the responsibility of assisting and advising the court so the court may make an informed decision and do substantial justice. The guardian ad litem shall be compensated as provided in Section 15-12-21.
(k) Either the district attorney or his or her representative, or any other party in the proceeding may request the court for additional time either before the hearing has begun or during the hearing, if justice requires, to obtain evidence, subpoena witnesses, or to obtain and present any evidence or information which will be necessary and appropriate for the court to make an informed decision. In any event, any such delay shall not be more than one business day for which the applicable court is open to the public, unless justice requires an extension thereof. The length of time for any such delay and the information, evidence, or subpoena sought shall be within the sound discretion of the trial court subject to the time constraints of the petitioner related to her medical condition.
(l) Although the court shall not be required or permitted to contact the minor’s parent, parents, or legal guardian, in the event that the minor’s parent, parents, or legal guardian are otherwise aware of the by-pass proceeding, they, he, or she shall be given notice of and be permitted to participate in the proceeding and be represented by counsel with all of the rights and obligations of any party to the proceeding.
(m) A court that conducts proceedings under this section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a confidential record of the evidence be maintained for at least four years. A transcript of the proceedings shall be recorded and if there is an appeal as provided in subsection (n), a transcript of the proceedings shall be prepared forthwith.
(n) An expedited confidential and anonymous appeal shall be available to any minor to whom the court denies a waiver of consent, the district attorney’s office, and any guardian ad litem, or the parent, parents, or legal guardian of the minor. If notice of appeal is given, the record of appeal shall be completed and the appeal shall be perfected within five days from the filing of the notice of appeal. Briefs shall not be required but may be permitted. Because time may be of the essence regarding the performance of the abortion, the Alabama Supreme Court shall issue promptly such additional rules as it deems are necessary to insure that appeals under this section are handled in an expeditious, confidential and anonymous manner.
(o) All proceedings under this chapter shall be confidential and anonymous. In all pleadings or court documents, the minor shall be identified by initials only.
(p) No fees or costs shall be required of any minor who avails herself of the procedures provided by this section.
(q) In proceedings under this section and with the consent of the minor for whom such proceedings are conducted, the court may refer for prosecution any criminal charge that may be known to the court, including, but not limited to, statutory rape.
(Acts 1987, No. 87-286, p. 397, §4; Act 2014-445, p. 1660, §1.)
This chapter shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him, a medical emergency exists that so compromises the health, safety, or well-being of the mother as to require an immediate abortion. A physician who does not comply with Sections 26-21-3 and 26-21-4 by reason of this exception shall state in the medical record of the abortion, the medical indications on which his or her judgment was based.
(Acts 1987, No. 87-286, p. 397, §5.)
(a)(1) Any person who intentionally performs or causes to be performed an abortion in violation of the provisions of this chapter or intentionally fails to conform to any requirement of this chapter, shall be guilty of a Class A misdemeanor.
(2) Any conviction of any person for any failure to comply with the requirements of this chapter may result in the suspension of the person’s professional license for a period of at least one year and shall be reinstated after that time only on such conditions as the appropriate regulatory or licensing body may require to insure compliance with this chapter.
(b) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall provide a basis for professional disciplinary action under any applicable statutory or regulatory procedure for the suspension or revocation of any license for physicians, psychologists, licensed social workers, licensed professional counselors, registered nurses, or other licensed or regulated persons.
(Acts 1987, No. 87-286, p. 397, §6; Act 2014-445, p. 1660, §1.)
In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall provide a basis for a civil action for compensatory and/or punitive damages. Any criminal conviction under this chapter shall be admissible in a civil suit as prima facie evidence of a failure to obtain an informed consent or parental or judicial consent. The civil action may be based on a claim that the action was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or breach of other legal standard of care. The Medical Liability Act of 1987 shall not apply to any civil causes of action brought pursuant to Sections 26-21-1, 26-21-2, 26-21-3, 26-21-4, 26-21-6, 26-21-6.1, and 26-21-7.
(Act 2014-445, p. 1660, §2.)
(a) No physician who complies with the parental consent requirements of this chapter shall be liable in any manner to the minor upon whom the abortion was performed for any claim whatsoever arising out of or based on the disclosure of any information concerning the medical condition of such minor to her parent, parents, or legal guardian. Notwithstanding the foregoing, a physician who performs an abortion pursuant to a court order obtained under this chapter, shall not disclose any information regarding same to the parent, parents, or legal guardian of the minor unless such disclosure is made pursuant to a court order. In no event shall the physician be under any duty to initiate proceedings in any court to secure a waiver of the parental consent requirement on behalf of any minor who has requested that an abortion be performed.
(b) Any physician who complies with this chapter may not be held civilly liable to his or her patient for failure to obtain consent to the abortion required by this chapter.
(c) A physician or his or her agents who demonstrates compliance with the requirements of this chapter shall not bear criminal or civil liability for the deliberate, intentional, or willful action by the minor or any other person acting in concert with or on behalf of the minor to present fabricated, altered, forged, or counterfeit identification, certificates, or other documentation to satisfy the parental consent requirements of this chapter.
(Acts 1987, No. 87-286, p. 397, §7; Act 2014-445, p. 1660, §1.)
(a) Records and information involving court proceedings conducted pursuant to Section 26-21-4 shall be confidential and shall not be disclosed other than to the minor, her attorney, and necessary court personnel. Nothing in this subsection shall prohibit the keeping of statistical records and information as long as the anonymity of the minor is in no way compromised.
(b) Any person who shall disclose any records or information made confidential pursuant to subsection (a) of this section shall be guilty of a Class C misdemeanor.
(c) Provided, however, any person who performs abortions, or his or her agent, shall furnish to the Bureau of Vital Statistics, on confidential forms furnished by the bureau, the following: (1) the number of abortions performed on each unemancipated and emancipated minor with written consent; (2) the number of abortions performed on each unemancipated and emancipated minor pursuant to juvenile or other court proceedings pursuant to Section 26-21-3(e); and (3) the number of abortions performed pursuant to Section 26-21-5 on each unemancipated and emancipated minor. Such reporting shall be provided annually as prescribed by the Bureau of Vital Statistics which shall be retained by the bureau for at least seven years. Such information prescribed shall include nonconfidential statistics, including, but not limited to: Age, race, and education level of minor.
(Acts 1987, No. 87-286, p. 397, §8.)
(a) The public policy of the State of Alabama is to protect life, born, and unborn. This is particularly true concerning unborn life that is capable of living outside the womb. The Legislature of the State of Alabama finds there are abortions being done in Alabama after the time of viability and in violation of its public policy.
(b) The Legislature specifically finds the following:
(1) Medical evidence shows there is a survival rate of babies born between ages 23 weeks to 29 weeks gestational age of 64 percent to 94 percent.
(2) In Webster v. Reproductive Health Services, 492 U.S. 499 (1989), the United States Supreme Court determined that viability may occur as early as 23 to 24 weeks gestational age. Also, the United States Supreme Court determined that requiring fetal viability testing at 20 weeks gestational age is constitutional, because there is up to a four week margin of error in determining gestational age.
(3) In the latest year of Alabama statistical reporting, 1994, there were reported to be 182 abortions performed at 20 or more weeks gestational age. There were also 70 abortions performed where no gestational age was stated.
(c) Subject to life and health exceptions to the mother, it is the intent of the Legislature to ban abortions of any unborn child that is capable of living outside the womb. To permit otherwise is a wanton disregard of human life.
(Acts 1997, No. 97-442, p. 746, §1.)
The following words shall have the following meanings:
(1) ABORTION. The use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child.
(2) FERTILIZATION. The fusion of a human spermatozoon with a human ovum.
(3) GESTATIONAL AGE. The age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.
(4) HOSPITAL. An institution licensed pursuant to the provisions of the law of this state.
(5) LIVE BIRTH. When used with regard to a human being, means that the human being was completely expelled or extracted from his or her mother and after such separation, breathed or showed evidence of any of the following: Beating of the heart, pulsation of the umbilical cord, definite movement of voluntary muscles, or any brain-wave activity.
(6) MEDICAL EMERGENCY. The condition, which, on the basis of the physician’s good-faith clinical judgment, so complicates a pregnancy as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(7) PREGNANT. The female reproductive condition of having a developing fetus in the body and commences with fertilization.
(8) UNBORN CHILD and FETUS. An individual organism of the species homo sapiens from fertilization until live birth.
(9) VIABLE and VIABILITY. The stage of fetal development when, in the judgment of the physician based upon the particular facts of the case before him or her and in light of the most advanced medical technology and information available to him or her, there is a reasonable likelihood of sustained survival of the unborn child outside the body of his or her mother, with or without artificial support.
(Acts 1997, No. 97-442, p. 746, §2.)
(a) Prohibition. Except as provided in subsection (b), no person shall intentionally, knowingly, or recklessly perform or induce an abortion when the unborn child is viable.
(b) Exceptions.
(1) It shall not be a violation of subsection (a) if an abortion is performed by a physician and that physician reasonably believes that it is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. No abortion shall be deemed authorized under this paragraph if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or in substantial and irreversible impairment of a major bodily function.
(2) It shall not be a violation of subsection (a) if the abortion is performed by a physician and that physician reasonably believes, after making a determination of the viability of the unborn child in compliance with Section 26-22-4 relating to the determination of viability, that the unborn child is not viable.
(c) Abortion regulated. Except in the case of a medical emergency which, in the reasonable medical judgment of the physician performing the abortion, prevents compliance with a particular requirement of this subsection, no abortion which is authorized under subsection (b)(1) shall be performed unless each of the following conditions are met:
(1) The physician performing the abortion certifies in writing that, based upon his or her medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or serious risk of substantial and irreversible impairment of a major bodily function.
(2) The physician’s judgment with respect to the necessity for the abortion has been concurred in by one other licensed physician who certifies in writing that, based upon his or her separate personal medical examination of the pregnant woman and his or her medical judgment, the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman.
(3) The abortion is performed in a hospital.
(4) The physician terminates the pregnancy in a manner which provides the best opportunity for the unborn child to survive, unless the physician determines, in his or her good faith medical judgment, that termination of the pregnancy in that manner poses a significantly greater risk either of the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman than would other available methods.
(5) The physician performing the abortion arranges for the attendance, in the same room in which the abortion is to be completed, of a second physician who shall take control of the child immediately after complete extraction from the mother and shall provide immediate medical care for the child, taking all reasonable steps necessary to preserve the child’s life and health.
(d) Penalty. Any person who violates subsection (a) commits a Class A felony. Any person who violates subsection (c) commits a Class C felony.
(Acts 1997, No. 97-442, p. 746, §3.)
Except in the case of a medical emergency, prior to performing an abortion upon a woman subsequent to her first 19 weeks of pregnancy, the physician shall determine whether, in his or her good faith medical judgment, the child is viable. When the physician has determined that a child is viable, he or she shall report the basis for his or her determination that the abortion is necessary to prevent either the death of the pregnant woman or the substantial and irreversible impairment of a major bodily function of the woman. When the physician has determined that a child is not viable after the first 19 weeks of pregnancy, he or she shall report the basis for such determination.
(Acts 1997, No. 97-442, p. 746, §4.)
Nothing in this chapter shall be construed to recognize a right to abortion or to make legal an abortion that is otherwise unlawful.
(Acts 1997, No. 97-442, p. 746, §5.)
This chapter may be cited as the Alabama Partial-Birth Abortion Ban Act of 1997.
(Acts 1997, No. 97-485, p. 843, §1.)
As used in this chapter, the following terms shall have the following meanings:
(1) FATHER. The biological father of the human fetus.
(2) MOTHER. The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter.
(3) PARTIAL-BIRTH ABORTION. An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(4) PHYSICIAN. A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state or any other individual legally authorized by the state to perform abortions. This definition shall also include any individual who is not a physician or is not otherwise legally authorized by the state to perform abortions, but who nevertheless performs a partial-birth abortion.
(Acts 1997, No. 97-485, p. 843, §2.)
Any physician who knowingly performs a partial-birth abortion within this state and thereby kills a human fetus shall be guilty of a Class C felony and upon conviction thereof shall be punished as prescribed by law.
(Acts 1997, No. 97-485, p. 843, §3.)
Section 26-23-3 shall not apply to a partial-birth abortion that is necessary to save the life of a mother.
(Acts 1997, No. 97-485, p. 843, §4.)
The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. The relief shall be limited to monetary compensation for all injuries, psychological and physical, occasioned by a violation under this chapter and monetary punitive compensation as allowed by law.
(Acts 1997, No. 97-485, p. 843, §5.)
A woman upon whom a partial-birth abortion is performed may not be prosecuted under this chapter for a conspiracy to violate this chapter or for any other offense which is unlawful under this chapter.
(Acts 1997, No. 97-485, p. 843, §6.)
This chapter shall be known and cited as the Woman’s Right to Know Act.
(Act 2002-419, p. 1074, §1.)
(a) The Legislature of the State of Alabama finds that:
(1) It is essential to the psychological and physical well-being of a woman considering an abortion that she receive complete and accurate information on her alternatives.
(2) Most abortions are performed in clinics devoted solely to providing abortions and family planning services. Most women who seek abortions at these facilities do not have any relationship with the physician who performs the abortion, before or after the procedure. Most women do not return to the facility for post-surgical care. In most instances, the woman’s only actual contact with the physician occurs simultaneously with the abortion procedure, with little opportunity to receive counseling concerning her decision.
(3) The decision to abort is an important, and often a stressful one, and it is desirable and imperative that it be made with full knowledge of its nature and consequences. The medical, emotional, and psychological consequences of an abortion are serious and can be lasting or life threatening.
(b) Based on the findings in subsection (a), it is the purpose of this chapter to ensure that every woman considering an abortion receives complete information on the procedure, risks, and her alternatives and to ensure that every woman who submits to an abortion procedure does so only after giving her voluntary and informed consent to the abortion procedure.
(Act 2002-419, p. 1074, §2.)
For the purposes of this chapter, the following terms have the following meanings:
(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver an unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child.
(2) CONCEPTION. The fusion of a human spermatozoon with a human ovum.
(3) EMANCIPATED MINOR. Any minor who is or has been married or has by court order otherwise been legally freed from the care, custody, and control of her parents.
(4) GESTATIONAL AGE. The time that has elapsed since the first day of the woman’s last menstrual period.
(5) MEDICAL EMERGENCY. That condition which, on the basis of the physician’s good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or in which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.
(6) MINOR. Any person under the age of 18 years.
(7) PHYSICIAN. Any person licensed to practice medicine in this state. The term includes medical doctors and doctors of osteopathy.
(8) PREGNANT or PREGNANCY. The female reproductive condition of having an unborn child in the mother’s (woman’s) body.
(9) QUALIFIED PERSON. An agent of the physician who is a psychologist, licensed social worker, licensed professional counselor, registered nurse, or physician.
(10) UNBORN CHILD. The offspring of any human person from conception until birth.
(11) VIABLE. That stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.
(12) WOMAN. Any female person.
(Act 2002-419, p. 1074, §3.)
Except in the case of a medical emergency, no abortion shall be performed or induced without the voluntary and informed consent of the woman upon whom the abortion is to be performed or induced. Except in the case of a medical emergency, consent to an abortion is voluntary and informed if and only if:
(a) At least 48 hours before the abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has informed and provided the woman in person, or by return receipt certified mail restricted delivery, and if by mail, again in person prior to the abortion, a copy of the printed materials in Section 26-23A-5 which list agencies that offer assistance, adoption agencies, development of the unborn child, methods and risks of abortion and childbirth, father’s obligations, and alternatives to abortion. Mailing of the materials in Section 26-23A-5 may be arranged by telephone.
(b) Prior to an abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has informed the woman in person:
(1) The name of the physician who will perform the abortion in writing or a business card.
(2) The nature of the proposed abortion method and associated risks and alternatives that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.
(3) The probable gestational age of the unborn child at the time the abortion is to be performed, and the probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed. If the unborn child is viable or has reached a gestational age of more than 19 weeks, that:
a. The unborn child may be able to survive outside the womb.
b. The woman has the right to request the physician to use the method of abortion that is most likely to preserve the life of the unborn child, provided such abortion is not otherwise prohibited by law.
c. If the unborn child is born alive, the attending physician has the legal obligation to take all reasonable steps necessary to maintain the life and health of the child.
(4) The physician who is to perform the abortion or the referring physician is required to perform an ultrasound on the unborn child before the abortion. The woman has a right to view the ultrasound before an abortion. The woman shall complete a required form to acknowledge that she either saw the ultrasound image of her unborn child or that she was offered the opportunity and rejected it.
(5) She has the right to view the videotape and ultrasound of her unborn child as described in Section 26-23A-6.
(6) Any need for anti-Rh immune globulin therapy, and if she is Rh negative, the likely consequences of refusing such therapy and the cost of the therapy.
(7) She cannot be forced or required by anyone to have an abortion. She is free to withhold or withdraw her consent for an abortion without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she might otherwise be entitled.
(c) The woman shall complete and sign a form that she has received the information of subsections (a) and (b), and does provide her informed consent for an abortion on her unborn child.
(d) Prior to the performance of an abortion, the physician who is to perform the abortion or his or her agent shall receive the signed receipt of the certified mail dated 48 hours before the abortion, if mailed, and the signed forms that she has received the information of subsections (a) and (b) before the abortion, had the opportunity to view the video and the ultrasound of her unborn child, and provided her informed consent for an abortion. The abortion facility shall retain the signed receipt, signed forms, and the ultrasound in the woman’s medical file for the time required by law, but not less than four years.
(Act 2002-419, p. 1074, §4; Act 2014-441, p. 1650, §1.)
(a) The Department of Public Health shall publish within 180 days after October 14, 2002, and shall update on an annual basis, the following easily comprehensible printed materials:
(1) Geographically indexed printed materials designed to inform the woman of public and private agencies and services available to provide medical and financial assistance to a woman through pregnancy, prenatal care, upon childbirth, and while her child is dependent. The materials shall include a comprehensive list of the agencies, a description of the services offered, and the telephone numbers and addresses of the agencies.
(2) The printed materials shall include a list of adoption agencies geographically indexed and that the law permits adoptive parents to pay the cost of prenatal care, childbirth, and neonatal care.
(3) Printed materials that inform the pregnant woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term. It shall include color photographs of the developing child at each of the two-week gestational increments, a clear description of the unborn child’s development, any relevant information on the possibility of the unborn child’s survival, and dimensions of the unborn child. The materials shall be realistic, clear, objective, non-judgmental, and designed to convey only accurate scientific information about the unborn child at the various gestational ages.
(4) The materials shall contain objective information describing the methods of abortion procedures commonly employed and the medical risks of each, and the medical risks associated with carrying a child to term.
(5) The printed materials shall list the support obligations of the father of a child who is born alive.
(6) The printed materials shall state that it is unlawful for any individual to coerce a woman to undergo an abortion, that any physician who performs an abortion upon a woman without her informed consent may be liable to her for damages in a civil action at law.
(7) The material shall include the following statement: “There are many public and private agencies willing and able to help you to carry your child to term, and to assist you and your child after your child is born, whether you choose to keep your child or place him or her for adoption. The State of Alabama strongly urges you to contact those agencies before making a final decision about abortion. The law requires that your physician or his or her agent give you the opportunity to call agencies like these before you undergo an abortion.”
(b) The materials in subsection (a) shall be in a bound booklet, shall contain large clear photographs, and shall be printed in a typeface large enough to be clearly legible.
(c) The materials required under this section and the videotape described in Section 26-23A-6 shall be available to the general public, from the Department of Public Health upon request, and appropriate number to any person, facility, or hospital. The department may charge a reasonable fee based on the cost of producing the materials and videotape.
(Act 2002-419, p. 1074, §5.)
(a) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have video viewing equipment. The video that may be shown to those who want to see it shall be identified by title, updated from time to time by the Department of Public Health, and shall be objective, non-judgmental, and designed to convey accurate scientific and medical information, and shall contain at a minimum, the information required in subdivisions (3), (4), (5), (6), and (7) of subsection (a) of Section 26-23A-5.
(b) All facilities where abortions are performed and all facilities of physicians who refer for abortion shall have ultrasound equipment. An ultrasound shall be performed on each unborn child before an abortion is performed.
(c) The Department of Public Health shall develop a signature form for verifying that she has received the complete information as described in Section 26-23A-4, was offered the opportunity of viewing the video and ultrasound image of her unborn child, and provides her informed consent for an abortion on her unborn child.
(d) Facilities as used in this section shall not include hospitals that do not regularly or routinely perform abortions or are otherwise not defined by any statute or regulation as an abortion or reproductive health center. This shall not, however, relieve any facility or physician to whom this section is applicable from the obligations stated herein.
(Act 2002-419, p. 1074, §6.)
Only a physician may perform an abortion.
(Act 2002-419, p. 1074, §7.)
(a) Where a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting his or her judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of a major bodily function.
(b) The Department of Public Health shall develop a signature form for recording the medical conditions associated with a medical emergency abortion. A signed copy of the abortion, and the original copy retained in the woman’s medical file for the time required by law, but not less than four years.
(Act 2002-419, p. 1074, §8.)
(a) Any person who intentionally, knowingly, or recklessly violates this chapter is guilty on a first offense of a Class B misdemeanor, on a second offense of a Class A misdemeanor, and on a third or subsequent offense of a Class C felony.
(b) After two convictions within a 12-month period of any person or persons at a specific abortion or reproductive health center, the license of such center shall be suspended for a period of 24 months and may be reinstated after that time only on conditions as the Department of Public Health requires to assure compliance with this chapter.
(Act 2002-419, p. 1074, §9.)
In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall:
(1) Provide a basis for a civil action for compensatory and punitive damages. Any conviction under this chapter shall be admissible in a civil suit as prima facie evidence of a failure to obtain an informed consent or parental or judicial consent. The civil action may be based on a claim that the act was a result of simple negligence, gross negligence, wantonness, willfulness, intention, or other legal standard of care.
(2) Provide a basis for professional disciplinary action under any applicable statutory or regulatory procedure for the suspension or revocation of any license for physicians, psychologists, licensed social workers, licensed professional counselors, registered nurses, or other licensed or regulated persons. Any conviction of any person for any failure to comply with the requirements of this chapter shall result in the automatic suspension of his or her license for a period of at least one year and shall be reinstated after that time only on such conditions as the appropriate regulatory or licensing body shall require to insure compliance with this chapter.
(3) Provide a basis for recovery for the woman for the wrongful death of the child, whether or not the unborn child was viable at the time the abortion was performed or was born alive.
(Act 2002-419, p. 1074, §10.)
In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted, shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall issue written orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under Section 26-23A-10 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
(Act 2002-419, p. 1074, §11.)
Nothing in this chapter shall be construed as creating or recognizing a right to abortion. It is not the intention of this chapter to make lawful an abortion that is currently unlawful nor to deny a woman an abortion that is lawful. Following abortion counseling, the withdrawal of consent to an abortion must be followed with appropriate referrals to ensure adequate care for a child that is to be delivered.
(Act 2002-419, p. 1074, §12.)
If any one or more provision, section, subsection, sentence, clause, phrase, or word of this chapter or the application thereof to any person or circumstance is found to be invalid or unconstitutional, the same is hereby declared to be severable and the balance of this chapter shall remain effective. The Legislature hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared invalid or unconstitutional.
(Act 2002-419, p. 1074, §14.)
This chapter shall be known and may be cited as the Alabama Pain-Capable Unborn Child Protection Act.
(Act 2011-672, p. 1784, §1.)
The Legislature makes all of the following findings:
(1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body by no later than 16 weeks after fertilization and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than 20 weeks.
(2) By eight weeks after fertilization, the unborn child reacts to touch. After 20 weeks, the unborn child reacts to stimuli that would be recognized as painful if applied to an adult human, for example by recoiling.
(3) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli is applied without such anesthesia.
(4) In the unborn child, application of such painful stimuli is associated with significant increases in stress hormones known as the stress response.
(5) Subjection to such painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life.
(6) The position, asserted by some medical experts, that the unborn child is incapable of experiencing pain until a point later in pregnancy than 20 weeks after fertilization predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provides strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.
(7) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, those with hydranencephaly, nevertheless experience pain.
(8) In adults, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.
(9) Substantial evidence indicates that structures used for pain processing in early development differ from those of adults, using different neural elements available at specific times during development, such as the subcortical plate, to fulfill the role of pain processing.
(10) The position, asserted by some medical experts, that the unborn child remains in a coma-like sleep state that precludes the unborn child experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate the unborn child with anesthesia to prevent the unborn child from thrashing about in reaction to invasive surgery.
(11) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization.
(12) It is the purpose of this state to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.
(13) Alabama’s compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain is intended to be separate from and independent of Alabama’s compelling state interest in protecting the lives of unborn children from the stage of viability, and neither state interest is intended to replace the other.
(14) Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in which in the context of determining the severability of a state statute regulating abortion, the United States Supreme Court noted that an explicit statement of legislative intent specifically made applicable to a particular statute is of greater weight than a general savings or severability clause, it is the intent of this state that if any one or more provisions, sections, subsections, sentences, clauses, phrases, or words of this act or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this act shall remain effective notwithstanding such unconstitutionality. Moreover, this state declares that it would have passed this act, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provisions, sections, subsections, sentences, clauses, phrases, or words, or any of their applications, were to be declared unconstitutional.
(Act 2011-672, p. 1784, §2.)
For purposes of this chapter, the following terms shall have the following meanings:
(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as the result of natural causes in utero, accidental trauma, or a criminal assault on the pregnant woman or her unborn child, and which causes the premature termination of the pregnancy.
(2) ATTEMPT TO PERFORM OR INDUCE AN ABORTION. An act, or an omission of a statutorily required act, that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in this state in violation of this chapter.
(3) FERTILIZATION. The fusion of a human spermatozoon with a human ovum.
(4) MEDICAL EMERGENCY. A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy without first determining postfertilization age to avert her death or for which the delay necessary to determine postfertilization age will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(5) POSTFERTILIZATION AGE. The age of the unborn child as calculated from the fertilization of the human ovum.
(6) REASONABLE MEDICAL JUDGMENT. A medical judgment that would be made by a reasonable prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(7) PHYSICIAN. Any person licensed to practice medicine and surgery or osteopathic medicine and surgery in this state.
(8) PROBABLE POSTFERTILIZATION AGE OF THE UNBORN CHILD. What, in reasonable medical judgment, will with reasonable probability be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced.
(9) UNBORN CHILD or FETUS. An individual organism of the species homo sapiens from fertilization until live birth.
(10) WOMAN. A female human being whether or not she has reached the age of majority.
(Act 2011-672, p. 1784, §3.)
(a) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing the abortion has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to perform in making an accurate diagnosis with respect to postfertilization age.
(b) Failure by any physician to conform to any requirement of this section constitutes unprofessional conduct.
(Act 2011-672, p. 1784, §4.)
(a) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing or attempting to perform or induce the abortion or by another physician upon whose determination that physician relies, that the probable postfertilization age of the unborn child of the woman is 20 or more weeks unless, in reasonable medical judgment, the woman has a condition which so complicates her medical condition as to necessitate the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such condition shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(b) When an abortion upon a woman whose unborn child has been determined to have a probable postfertilization age of 20 or more weeks is not prohibited by this section, in such a case, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions of the woman, than would another available method. No such greater risk shall be deemed to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(Act 2011-672, p. 1784, §5.)
Any person who intentionally, knowingly, or recklessly performs or induces or attempts to perform or induce an abortion in violation of this chapter is guilty of a Class C felony. No penalty shall be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced.
(Act 2011-672, p. 1784, §7.)
(a) Any woman upon whom an abortion has been performed or induced in violation of this chapter, or the father of the unborn child who was the subject of such an abortion, may maintain an action against the person who performed or induced the abortion in intentional, knowing, or reckless violation of this chapter for actual and punitive damages. Any woman upon whom an abortion has been attempted in violation of this chapter may maintain an action against the person who attempted to perform the abortion in intentional, knowing, or reckless violation of this chapter for actual damages.
(b) A cause of action for injunctive relief against any person who has intentionally, knowingly, or recklessly violated this chapter and Section 22-9A-13 may be maintained by the woman upon whom an abortion was performed or induced or attempted to be performed or induced in violation of this chapter, by any person who is the spouse, parent, sibling, or guardian of, or a current or former licensed health care provider of, the woman upon whom an abortion has been performed or induced or attempted to be performed or induced in violation of this chapter, by a district attorney with appropriate jurisdiction, or by the Attorney General. The injunction shall prevent the abortion provider from performing or inducing, or attempting to perform or induce, further abortions in violation of this chapter in this state.
(c) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(d) If judgment is rendered in favor of the defendant and the court finds that the suit by the plaintiff was frivolous and brought in bad faith, the court shall also render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
(e) No damages or attorney fees may be assessed against the woman upon whom an abortion was performed or induced or attempted to be performed or induced except as provided in subsection (d).
(Act 2011-672, p. 1784, §8.)
In every civil or criminal proceeding or action brought under this chapter, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or induced or attempted to be performed or induced shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted to be performed, anyone, other than a public official, who brings an action under Section 26-23B-7 shall do so under a pseudonym. This section shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
(Act 2011-672, p. 1784, §9.)
The provisions of this chapter are supplemental to and shall be read in pari materia with Chapter 22 of this title, relating to the abortion of viable unborn children, and the Alabama Partial-Birth Abortion Ban Act of 1997. This chapter shall not be construed to repeal, by implication or otherwise, Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama’s law regulating or restricting abortion. An abortion that complies with this chapter but violates the provisions of Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama’s law shall be deemed unlawful as provided in such provision. An abortion that complies with the provisions of Section 26-22-3, Section 26-23-3, or any otherwise applicable provision of Alabama’s law regulating or restricting abortion but violates this chapter shall be deemed unlawful as provided in this chapter.
(Act 2011-672, p. 1784, §10.)
This act shall be known as the “Federal Abortion Mandate Opt Out Act.”
(Act 2012-405, p. 1108, §1.)
(a) The Legislature of the State of Alabama finds all of the following:
(1) Under the Patient Protection and Affordable Care Act, P.L. 111-148, federal tax dollars, via affordability credits, subsidies provided to individuals between 150-400 percent of the federal poverty level, are routed to exchange participating health insurance plans, including plans that provide coverage for abortions.
(2) Federal funding of insurance plans that provide abortions is an unprecedented change in federal abortion funding policy. The Hyde Amendment, as passed each year in the Labor Health and Human Services Appropriations bill, and the Federal Employee Health Benefits Program, FEHBP, prohibit federal funds from subsidizing health insurance plans that provide abortions. Under this new law, however, exchange participating health insurance plans that provide abortions can receive federal funds.
(3) The provision of federal funding for health insurance plans that provide abortion coverage is nothing short of taxpayer funded and government endorsed abortion.
(4) However, P.L. 111-148 allows a state to “opt out” of permitting health insurance plans that cover abortions to participate in the exchanges within that state and thereby prohibit taxpayer money from subsidizing plans that cover abortions within that state.
(5) The decision not to fund abortions places no governmental obstacle in the path of a woman who chooses to terminate her pregnancy.
(6) Moreover, it is permissible for a state to engage in unequal subsidization of abortions and other medical services to encourage alternative activity deemed in the public interest.
(7) Citizens of the State of Alabama, like other Americans, oppose the use of public funds, both federal and state, to pay for abortions. For example, a January 2010 Quinnipiac poll showed that 7 in 10 Americans were opposed to provisions in federal health care reform that use federal funds to pay for abortions and abortion coverage.
(8) The Guttmacher Institute, which advocates for unfettered and taxpayer-funded access to abortion, confirms that, based on Medicaid studies, more women have abortions when it is covered by private or public insurance programs.
(b) Based on the findings in subsection (a), it is the purpose of this chapter to affirmatively opt out of allowing qualified health plans that cover abortions to participate in exchanges within the State of Alabama.
(Act 2012-405, p. 1108, §2.)
(a) No abortion coverage may be provided by a qualified health plan offered through an exchange created pursuant to P.L. 111-148 within the State of Alabama.
(b) This prohibition shall not apply to an abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when the pregnancy is the result of an act of rape or incest or any procedure to terminate an ectopic pregnancy.
(Act 2012-405, p. 1108, §3.)
(a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.
(b) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.
(Act 2012-405, p. 1108, §4.)
(a) For the purposes of this section, the term ectopic pregnancy means any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.
(b) The term abortion, when used in the Code of Alabama 1975, or in the Alabama Administrative Code, shall not be construed to include any procedure to terminate an ectopic pregnancy, unless the statutory provision or rule expressly states that it is intended to apply to a procedure to terminate an ectopic pregnancy.
(c) The requirement of Section 26-23B-4, for a physician to make a determination of the probable post-fertilization age of the unborn child prior to an abortion shall apply only to abortion procedures. The requirements of Section 22-9A-13, for reporting fetal deaths and pregnancy terminations shall be construed to require a report of the probable post-fertilization age only for abortion procedures.
(Act 2012-261, p. 506, §§1-3.)
This chapter shall be known and may be cited as the “Women’s Health and Safety Act.”
(Act 2013-79, p. 165, §1.)
The Legislature finds all of the following:
(1) That the percentage of abortion or reproductive health centers that have been subject to adverse licensure action vastly exceeds the percentage of facilities in any other category that have similarly been subject to adverse licensure actions. This alarming level of regulatory non-compliance among abortion and reproductive health centers in Alabama puts abortion patients at unreasonable risk.
(2) At abortion or reproductive health centers, patients are often treated in a manner inconsistent with a traditional physician/patient relationship.
(3) Abortion or reproductive health centers are not operated in the same manner as ambulatory surgical treatment centers or physician offices.
(4) Abortion involves not only a surgical procedure with the usual risks attending surgery, but also involves the taking of human life.
(5) Abortion is a highly personal and very sensitive procedure which results in stress and concern for the patient that is unique to the decision to have an abortion.
(6) Abortion is a very profitable procedure most often engaged in by stand-alone clinics without many of the safeguards found in a traditional physician/patient relationship or other medical care setting.
(7) Because abortion and reproductive health centers do not currently provide the level of personal contact found in many physician/patient relationships and in other medical care settings, it is necessary for the Legislature to mandate the personal presence and participation of the physician in the process.
(8) Moreover, because abortion or reproductive health centers have often failed to meet acceptable standards of medical care, it is necessary for Legislature to enact reasonable and medically appropriate health and safety standards for all abortion and reproductive health centers, and to provide effective enforcement mechanisms and disincentives for centers that are unable or unwilling to meet these requirements.
(Act 2013-79, p. 165, §2.)
As used in this chapter, the following terms shall have the following meanings:
(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term abortion as used in this chapter, does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly. For the purposes of this chapter, a lethal anomaly means that the child would die at birth or be still born. For the purposes of this chapter, the term, ectopic pregnancy, means any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term, ectopic pregnancy, also includes a pregnancy resulting from a fertilized egg implanted inside the cornu of the uterus.
(2) ABORTION INDUCING DRUG. A medicine, drug, or any other substance prescribed or dispensed with the intent of terminating the clinically diagnosable pregnancy of a woman, with the knowledge that the termination will with reasonable likelihood cause the death of the unborn child. Use of such drugs to induce abortion is also known as medical abortion. This includes off-label use of drugs known to have abortion-inducing properties, which are prescribed specifically with the intent of causing an abortion, such as misoprostol (Cytotec), and methotrexate. This definition does not apply to drugs that may be known to cause an abortion, but which are prescribed for other medical indications, such as chemotherapeutic agents and diagnostic drugs.
(3) ABORTION OR REPRODUCTIVE HEALTH CENTER. A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health.
(4) ADMINISTER. To give or apply a pharmacologic or other therapeutic agent to a patient.
(5) DISPENSE. To sell, distribute, administer, leave with, give away, dispose of, deliver, or supply a drug or medicine to the ultimate user or the user’s agent.
(6) PHYSICIAN. A person currently licensed by the Medical Licensure Commission, State of Alabama, to practice medicine or osteopathy pursuant to Section 34-24-50, et seq.
(7) PRESCRIPTION. A physician’s order for the preparation and administration of a drug or device for a patient.
(8) REGISTERED PROFESSIONAL NURSE (RN). A person currently licensed in the State of Alabama pursuant to Section 34-21-21.
(Act 2013-79, p. 165, §3.)
(a) Only a physician may perform an abortion.
(b) During and after an abortion procedure performed at an abortion or reproductive health center, a physician must remain on the premises until all patients are discharged. The discharge order must be signed by the physician. Prior to discharge from the facility, the patient shall be provided with the name and telephone number of the physician who will provide care in the event of complications, and the name of the medications given at the abortion clinic.
(c) Every physician referenced in this section shall have staff privileges at an acute care hospital within the same standard metropolitan statistical area as the facility is located that permit him or her to perform dilation and curettage, laparotomy procedures, hysterectomy, and any other procedures reasonably necessary to treat abortion-related complications.
(Act 2013-79, p. 165, §4.)
At all times during procedures in an abortion or reproductive health center, nursing care shall be under the supervision of a registered professional nurse currently licensed in Alabama. At least one registered professional nurse shall be on duty to provide or supervise all nursing care of patients in preparation for and during the abortion procedure, during the recovery period, and through the initial discharge by the attending physician. Other nursing service personnel shall remain on duty as required to meet the needs of each patient.
(Act 2013-79, p. 165, §5.)
All patient care in an abortion or reproductive health center must be rendered in accordance with all applicable federal, state, and local laws, State Board of Health rules, State Board of Medical Examiners rules, and current standards of care, including all professional standards of practice.
(Act 2013-79, p. 165, §6.)
Only a physician may give, sell, dispense, administer, or otherwise prescribe an abortion-inducing drug. Because the failure and complications from medical abortion increase with advancing gestational age, because the physical symptoms of medical abortion can be identical to the symptoms of ectopic pregnancy, and because abortion-inducing drugs do not treat ectopic pregnancies but rather are contraindicated in ectopic pregnancies, the physician giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug must first examine the pregnant woman in person and document, in the woman’s medical chart, the gestational age and intrauterine location of the pregnancy prior to giving, selling, dispensing, administering, or otherwise providing or prescribing the abortion-inducing drug.
(Act 2013-79, p. 165, §7.)
Physicians performing abortion procedures in abortion or reproductive health centers shall conform to the rules for office-based surgery of the Alabama State Board of Medical Examiners, shall meet the standards prescribed in the rules for office-based procedures - moderate sedation/analgesia, and shall meet all other requirements in those rules, including the recommended guidelines for follow-up care, requirements for recovery area, assessment for discharge, reporting requirements, and registration requirements.
(Act 2013-79, p. 165, §8.)
An abortion or reproductive health center shall be classified as ambulatory health care occupancy and shall meet all standards in the NFPA 101 Life Safety Code 2000 edition, or such standards in any later edition of the NFPA 101 Life Safety Code that the Board of Health may adopt for facilities classified as ambulatory health care occupancy. Not later than December 28, 2013, each licensed abortion or reproductive health center shall submit to the Department of Public Health architectural drawings and plans and sprinkler system plans and such other materials as may be required to show compliance or prospective compliance with the applicable life safety code. These shall be submitted and reviewed pursuant to the Board of Health Rules for Plan Review, including the payment of plan review fees. Not later than July 1, 2014, each abortion or reproductive health center shall obtain from the Department of Public Health a certificate of completion which shall certify that the facility meets all ambulatory health care occupancy standards in the applicable NFPA 101 Life Safety Code, as well as all other life safety and building standards required by law or rule. Any facility that fails to submit architectural drawings and plans, sprinkler system plans, and such other materials as may be required to the Department of Public Health within the deadline for such submission shall have its license revoked. Any facility that fails to obtain a certificate of occupancy within the deadline for obtaining such certificate shall have its license revoked.
(Act 2013-79, p. 165, §9.)
(a) Any minor child under the age of 16 seeking an abortion from an abortion or reproductive health care facility shall be asked by the physician performing the abortion or his or her agent to state the name and age of the individual who is believed to be the father of the unborn child. While the minor child may refuse to provide the father’s name and age, she should be encouraged to do so by the physician or agent consistent with the physician’s legal obligation to reduce the incidence of child abuse when there is reason to suspect that it has occurred.
(b) In addition to any other abuse reporting requirements that may apply to the staff of an abortion or reproductive health center, if the reported age of the father is two or more years greater than the age of the minor child, the facility shall report the names of the pregnant minor child and the father to both local law enforcement and the county department of human resources. If the pregnant minor child is less than 14 years old, the name of the minor child shall be reported to the Department of Human Resources, regardless of whether the father is two or more years older than the minor child. The receipt of reportable information by any member of a facility staff shall trigger the requirement for the facility to report such information. Nothing in this section shall be construed to constructively repeal any other provisions of law requiring parental consent before an abortion procedure is performed.
(Act 2013-79, p. 165, §10.)
The Board of Health shall publish amended rules for abortion and reproductive health care centers that are consistent with this chapter by December 28, 2013. Such rules shall take effect within the time frame required by the Alabama Administrative Procedure Act.
(Act 2013-79, p. 165, §11.)
(a) Any person other than a physician who performs or attempts to perform an abortion, including the prescription, dispensing, or administration of abortion-inducing drug, shall be guilty of a Class C felony.
(b) Any person who prescribes, dispenses, or administers an abortion-inducing drug without first examining the patient in person shall be guilty of a Class C felony.
(c) The administrator of an abortion or reproductive health center who knowingly and willfully permits the facility to be operated in a manner that violates Section 26-23E-4, Section 26-23E-5, Section 26-23E-6, or Section 26-23E-7 shall be guilty of a Class C felony.
(d) The administrator of an abortion or reproductive health center who knowingly and willfully violates subsection (b) of Section 26-23E-10 shall be guilty of a Class A misdemeanor.
(Act 2013-79, p. 165, §12.)
Any person who can demonstrate personal injury, including physical injury, emotional distress, or mental anguish, where such injury has resulted from the failure of an abortion or reproductive health center to conform to the requirements of this chapter, may maintain a civil action for damages against the abortion or reproductive health center and against the administrator of the facility.
(Act 2013-79, p. 165, §13.)
(a) The failure of any physician, nurse practitioner, physician assistant, registered professional nurse, or licensed practical nurse to conform to the requirements of this chapter or any rule or regulation adopted under provision of this chapter may be grounds for adverse licensure action, up to and including license revocation.
(b) Any abortion or reproductive health center that is found to have provided an abortion, in a manner that violates this chapter or any rule or regulation adopted under the provision of this chapter, may be subject to adverse licensure action, up to and including license revocation.
(Act 2013-79, p. 165, §14.)
Upon application by the Department of Public Health, a circuit court or any judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining order, a preliminary injunction, a permanent injunction, or any combination of those remedies, restraining and enjoining any person from violating the provisions of this chapter and any rules promulgated thereunder. Any temporary restraining order, preliminary injunction, or permanent injunction shall be issued without bond. This remedy is in addition to any other remedies available to the Department of Public Health.
(Act 2013-79, p. 165, §15.)
(a) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.
(b) It is not the intention of this chapter to make lawful an abortion that is currently unlawful.
(c) The provisions of this chapter shall be construed in pari materia with other statutes governing abortions.
(d) Nothing in this chapter shall be construed to modify, supersede, or constructively repeal any provisions of the Alabama Medical Liability Act of 1987, the Alabama Medical Liability Act of 1996, or any amendments thereto.
(Act 2013-79, p. 165, §16.)
The Alabama Legislature, by joint resolution, may appoint one or more of its members to intervene as a matter of right in any case in which the constitutionality of this chapter or any portion thereof is challenged.
(Act 2013-79, p. 165, §17.)
This chapter shall be known and may be cited as the Unborn Infants Dignity of Life Act.
(Act 2016-140, §1.)
(a) The Legislature of the State of Alabama finds and declares that:
(1) Deceased unborn infants deserve the same respect and dignity as other human beings.
(2) The laws of this state do not ensure that deceased unborn infants receive proper burials or final disposition.
(3) Alabama does not specifically prohibit the sale or transfer of bodily remains of deceased unborn infants for compensation.
(4) The dignity and value of life, especially the lives of children, born or unborn, has been and continues to be a public policy and often sacred concern of the highest order for the people of this state.
(b) Based on the findings in subsection (a), the purposes of this chapter are to:
(1) Allow parents of deceased unborn infants to provide a dignified final disposition of the bodily remains of these infants.
(2) Prohibit the sale or other unlawful disposition of the bodily remains of a deceased unborn infant, or the exchange of any compensation or payment for the transfer or distribution of the bodily remains of a deceased unborn infant.
(Act 2016-140, §2.)
For the purpose of this chapter, the following words and phrases shall have the following meanings:
(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. Such use or prescription is not an abortion if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, or to deliver the unborn child prematurely in order to preserve the health of both the mother (pregnant woman) and her unborn child. The term “abortion” as used in this chapter, does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.
(2) BODILY REMAINS. The physical remains, corpse, or body parts of a dead unborn infant who has been expelled or extracted from his or her mother.
(3) ECTOPIC PREGNANCY. Any pregnancy resulting from a fertilized egg that has implanted or attached outside the uterus. The term also includes a pregnancy resulting from a fertilized egg implanting inside the cornu of the uterus.
(4) EXPERIMENT or EXPERIMENTATION. The use of an unborn infant, living or deceased, or such bodily remains in any trial, test, procedure, or observation carried out with the goal of verifying, refuting, or establishing the validity of a hypothesis, but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study. The terms do not include the use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.
(5) FINAL DISPOSITION. The burial, interment, cremation, or other legal disposition of the bodily remains of a deceased unborn infant.
(6) LETHAL ANOMALY. A child would die at birth or be still born.
(7) PATHOLOGICAL STUDY. The examination of body tissue for diagnostic or forensic purposes, and any related activities necessary to perform such study. The term includes any study or test, genetic or otherwise, to determine the cause of death.
(8) PREGNANT or PREGNANCY. A fetal reproductive condition of having an unborn infant or infants in the woman’s uterus.
(9) RESEARCH. A systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalized knowledge but does not include treatment, medication, diagnostic or remedial tests, surgical procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study. The term does not include the use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.
(10) THERAPY or THERAPEUTIC. Intended to treat or cure a disease or disorder by remedial agents or methods. The term does not include either of the following:
a. Diagnostic or remedial tests, procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study.
b. The use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.
(11) TRANSPLANT or TRANSPLANTATION. Organs, tissues, or cells taken from the body for grafting into another individual or transference of an organ, tissues, or cells, alive or dead, between individuals. The term does not include either of the following:
a. Diagnostic or remedial tests, procedures, or observations which have the purpose of determining or improving the life or health of the unborn infant or preserving the life or health of the unborn infant or the unborn infant’s mother or pathological study.
b. The use of the bodily remains of an unborn infant pursuant to the Revised Uniform Anatomical Gift Act.
(12) UNBORN INFANT. A human being in utero at any stage of development regardless of viability.
(Act 2016-140, §3.)
The mother, father, or authorized representative may request the release of the bodily remains to the mother, father, or authorized representative for dignified final disposition by burial, interment, or cremation. The request may be made by the mother, father, or authorized representative prior to or shortly after the expulsion or extraction of the bodily remains. Any expenses associated with preparation of and disposal of the bodily remains as requested by the mother, father, or authorized representative shall be at his or her own expense. Nothing in this chapter shall prevent donation of bodily remains pursuant to the Revised Uniform Anatomical Gift Act or prevent pathological study when it is required.
(Act 2016-140, §4.)
(a)(1) No person shall knowingly accept compensation or payment for the sale, transfer, distribution, acceptance, use, or attempted use of the fetal organs, tissue, or bodily remains of a deceased unborn infant for research, therapy, transplantation, or experimentation.
(2) No institution, entity, or individual shall knowingly provide any compensation or payment to any other person, organization, or entity for the removal, transfer, storage, processing, preservation, quality control, implantation, transportation, distribution, disposal, or other manner of disposition of the bodily remains of a deceased unborn infant for research, therapy, transplantation, experimentation, or any other prohibited purpose under this chapter.
(b) No person shall knowingly aid or abet in any prohibited activity under subsection (a).
(c) No person shall use an unborn infant, living or deceased, in research or experimentation. Nothing in this section shall affect the use described herein pursuant to the Revised Uniform Anatomical Gift Act.
(d) No person shall perform or offer to perform an abortion where part or all of the justification or reason for the abortion is that the bodily remains may be used for research, therapy, transplantation, or experimentation.
(Act 2016-140, §5.)
(a) Except as provided in subsection (b), any person who knowingly violates any provision of Section 26-23F-5 shall be guilty of a Class D felony for each violation.
(b) Any person who experiments on a living unborn infant or the bodily remains of a deceased unborn infant, experiments upon an unborn infant who is intended to be aborted, or performs or offers to perform an abortion where part or all of the justification or reason for the abortion is that the bodily remains may be used for research or experimentation in violation of Section 26-23F-5 shall be guilty of a Class C felony.
(Act 2016-140, §6.)
(a) In addition to other remedies available under law or common law of this state, violation of any provision of Section 26-23F-5 shall:
(1) Provide a basis for recovery in a civil action for the parent or parents of the infant or the parent, parents, or guardian of the mother, if the mother is a minor, for experimentation upon bodily remains. Any relief awarded shall include:
a. Money damages for all psychological injuries occasioned by any violation of this chapter.
b. Statutory damages equal to three times the cost of the mother’s delivery or abortion.
(2) Provide a basis for professional disciplinary action by regulatory bodies for the suspension or revocation of any license for physicians, licensed vocational and registered nurses, or other licensed or regulated health care providers.
(b) Any conviction of any health care provider for any failure to comply with the requirements of this chapter shall result in the automatic suspension of his or her license for a period of at least one year and the license shall be reinstated after that time only under such conditions as the appropriate state regulatory body shall require to ensure compliance with this chapter.
(Act 2016-140, §7.)
(a) Nothing in this chapter shall be construed to affect existing federal or state law regarding abortion.
(b) Nothing in this chapter shall be construed as creating or recognizing a right to abortion.
(c) Nothing in this chapter shall be construed to alter generally accepted medical standards.
(Act 2016-140, §8.)
Nothing in this chapter shall modify, amend, repeal, or supersede any provision of Section 6-5-333, or the “Alabama Medical Liability Act of 1987” commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to any of the foregoing, or any judicial interpretation of any of the foregoing.
Further, nothing in this chapter shall be construed to restrict or supersede criminal investigations of violations of the laws of this state.
(Act 2016-140, §9.)
Sections 26-23F-5, 26-23F-6, and 26-23F-7 shall not apply to a physician, doctor, or other person working with and under the direction of a physician or doctor, who in good faith believes that a deceased unborn infant, bodily remains, fetal remains, or fetal tissue were donated in accordance with the Revised Uniform Anatomical Gift Act.
(Act 2016-140, §10.)
This chapter shall be known and may be cited as the Alabama Unborn Child Protection from Dismemberment Abortion Act.
(Act 2016-397, §1.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) ABORTION. The same as defined in Section 26-21-2.
(2) ATTEMPT TO PERFORM AN ABORTION.
a. To do or omit to do anything that, under the circumstances as the actor believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in the actor performing an abortion. Such substantial steps include, but are not limited to, any of the following:
Agreeing with an individual to perform an abortion on that individual or on some other individual, whether or not the term abortion is used in the agreement, and whether or not the agreement is contingent on another factor, such as receipt of payment or a determination of pregnancy.
Scheduling or planning a time to perform an abortion on an individual, whether or not the term abortion is used, and whether or not the performance is contingent on another factor, such as receipt of payment or a determination of pregnancy.
b. This definition may not be construed to require that an abortion procedure actually be initiated for an attempt to occur.
(3) DISMEMBERMENT ABORTION. With the purpose of causing the death of an unborn child, purposely to dismember a living unborn child and extract him or her one piece at a time from the uterus through use of clamps, grasping forceps, tongs, scissors, or similar instruments that, through the convergence of two rigid levers, slice, crush, or grasp, or any combination of the foregoing, a portion of the unborn child’s body to cut or rip it off. This definition does not include an abortion which uses suction to dismember the body of the developing unborn child by sucking fetal parts into a collection container. This definition includes an abortion in which a dismemberment abortion is used to cause the death of an unborn child and suction is subsequently used to extract fetal parts after the death of the unborn child.
(4) PHYSICIAN. An individual licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion in the state.
(5) PURPOSELY. An individual acts purposely with respect to a material element of an offense when:
a. If the element involves the nature of his or her conduct or a result thereof, it is his or her conscious objective to engage in conduct of that nature or to cause such a result.
b. If the element involves the attendant circumstances, he or she is aware of the existence of such circumstances or he or she believes or hopes that they exist.
(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD’S MOTHER. In reasonable medical judgment, the child’s mother has a condition that so complicates her medical condition that it necessitates the abortion of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No such condition may be determined to exist if it is based on a claim or diagnosis that the woman will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function.
(7) WOMAN. A female human being, whether or not she has reached the age of majority.
(Act 2016-397, §2.)
(a) Notwithstanding any other provision of law, it shall be unlawful for any individual to purposely perform or attempt to perform a dismemberment abortion and thereby kill an unborn child unless necessary to prevent serious health risk to the unborn child’s mother.
(b) An individual accused in any proceeding of unlawful conduct under subsection (a) may seek a hearing before the State Board of Medical Examiners on whether the dismemberment abortion was necessary to prevent serious health risk to the unborn child’s mother. The findings of the board are admissible on that issue at any trial in which such unlawful conduct is alleged. Upon a motion of the individual accused, the court shall delay the beginning of the trial for not more than 30 days to permit the hearing to take place.
(c) No woman upon whom an abortion is performed or attempted to be performed shall be thereby liable for performing or attempting to perform a dismemberment abortion. No nurse, technician, secretary, receptionist, or other employee or agent who is not a physician but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician, shall be thereby liable for performing or attempting to perform a dismemberment abortion.
(d) This chapter does not prevent abortion for any reason including rape and incest by any other method, unless otherwise prevented by law.
(Act 2016-397, §3.)
(a) A cause of action for injunctive relief against an individual who has performed or attempted to perform a dismemberment abortion in violation of Section 26-23G-3 may be maintained by any of the following:
(1) A woman upon whom a dismemberment abortion was performed or attempted to be performed.
(2) An individual who is the spouse, parent, or guardian of, or a current or former licensed health care provider of, a woman upon whom such a dismemberment abortion was performed or attempted to be performed.
(3) A prosecuting attorney with appropriate jurisdiction.
(b) The injunction shall prevent the defendant from performing or attempting to perform further dismemberment abortions in violation of Section 26-23G-3.
(Act 2016-397, §4.)
(a) A cause of action for civil damages against an individual who has performed a dismemberment abortion in violation of Section 26-23G-3 may be maintained by any of the following:
(1) Any woman upon whom a dismemberment abortion has been performed in violation of Section 26-23G-3.
(2) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed.
(3) If the woman had not attained the age of 18 years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
(b) No damages may be awarded a plaintiff if the pregnancy resulted from criminal conduct of the plaintiff.
(c) Damages awarded in such an action shall include all of the following:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.
(2) Statutory damages equal to three times the cost of the dismemberment abortion.
(Act 2016-397, §5.)
(a) If judgment is rendered in favor of the plaintiff in an action described in Section 26-23G-4 or Section 26-23G-5, the court shall also render judgment for reasonable attorney fees in favor of the plaintiff against the defendant.
(b) If judgment is rendered in favor of the defendant in an action described in Section 26-23G-4 or Section 26-23G-5, and the court finds that the plaintiff’s suit was frivolous and brought in bad faith, the court shall render judgment for reasonable attorney fees in favor of the defendant against the plaintiff.
(c) No attorney fees may be assessed against the woman upon whom an abortion was performed or attempted to be performed except in accordance with subsection (b).
(Act 2016-397, §6.)
Whoever is found to have violated Section 26-23G-3 shall be fined ten thousand dollars ($10,000) or imprisoned for not more than two years, or both.
(Act 2016-397, §7.)
In every civil, criminal, or administrative proceeding or action brought under this chapter, the court shall rule whether the identity of any woman upon whom an abortion has been performed or attempted to be performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each order shall be accompanied by specific written findings explaining why the anonymity of the woman should be preserved, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted to be performed, anyone other than a public official who brings an action under Section 26-23G-4 or Section 26-23G-5 shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.
(Act 2016-397, §8.)
Nothing in this chapter shall be construed as creating or recognizing a right to abortion, nor a right to a particular method of abortion.
(Act 2016-397, §9.)
This chapter shall be known as The Alabama Human Life Protection Act.
(Act 2019-189, §1.)
(a) This state’s statute criminalizing abortion, Section 13A-13-7, has never been repealed. It has remained unenforceable as a result of the U.S. Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973) and its progeny, which struck down as unconstitutional a Texas statute criminalizing abortion and which effectively repealed by implication and made unenforceable all other state statutes criminalizing abortion.
(b) On November 6, 2018, electors in this state approved by a majority vote a constitutional amendment to the Constitution of Alabama of 1901 declaring and affirming the public policy of the state to recognize and support the sanctity of unborn life and the rights of unborn children. The amendment made it clear that the Constitution of Alabama of 1901 does not include a right to an abortion or require the funding of abortions using public funds.
(c) In present state law, Section 13A-6-1 defines a person for homicide purposes to include an unborn child in utero at any stage of development, regardless of viability.
(d) In the United States Declaration of Independence, the principle of natural law that “all men are created equal” was articulated. The self-evident truth found in natural law, that all human beings are equal from creation, was at least one of the bases for the anti-slavery movement, the women’s suffrage movement, the Nuremberg war crimes trials, and the American civil rights movement. If those movements had not been able to appeal to the truth of universal human equality, they could not have been successful.
(e) Abortion advocates speak to women’s rights, but they ignore the unborn child, while medical science has increasingly recognized the humanity of the unborn child.
(f) Recent medical advances prove a baby’s heart starts to beat at around six weeks. At about eight weeks, the heartbeat can be heard through an ultrasound examination. A fetal Doppler can detect a fetal heartbeat as early as 10 weeks.
(g) Ultrasound imaging shows the developing child in utero.
(h) As early as six weeks after fertilization, fetal photography shows the clear development of a human being. The Alabama Department of Public Health publication “Did You Know...” demonstrates through actual pictures at two-week intervals throughout the entire pregnancy the clear images of a developing human being.
(i) It is estimated that 6,000,000 Jewish people were murdered in German concentration camps during World War II; 3,000,000 people were executed by Joseph Stalin’s regime in Soviet gulags; 2,500,000 people were murdered during the Chinese “Great Leap Forward” in 1958; 1,500,000 to 3,000,000 people were murdered by the Khmer Rouge in Cambodia during the 1970s; and approximately 1,000,000 people were murdered during the Rwandan genocide in 1994. All of these are widely acknowledged to have been crimes against humanity. By comparison, more than 50 million babies have been aborted in the United States since the Roe decision in 1973, more than three times the number who were killed in German death camps, Chinese purges, Stalin’s gulags, Cambodian killing fields, and the Rwandan genocide combined.
(j) The cases of Roe v. Wade and its progeny have engendered much civil litigation and legislative attempts to reign in so called abortion rights. Roe v. Wade attempted to define when abortion of an unborn child would be legal. Judges and legal scholars have disagreed and dissented with its finding.
(Act 2019-189, §2.)
As used in this chapter, the following terms shall have the following meanings:
(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. The term does not include these activities if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, to deliver the unborn child prematurely to avoid a serious health risk to the unborn child’s mother, or to preserve the health of her unborn child. The term does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.
(2) ECTOPIC PREGNANCY. Any pregnancy resulting from either a fertilized egg that has implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus.
(3) LETHAL ANOMALY. A condition from which an unborn child would die after birth or shortly thereafter or be stillborn.
(4) MEDICAL EMERGENCY. A condition which, in reasonable medical judgment, so complicates the medical condition of the pregnant woman that her pregnancy must be terminated to avoid a serious health risk as defined in this chapter.
(5) PHYSICIAN. A person licensed to practice medicine and surgery or osteopathic medicine and surgery in Alabama.
(6) SERIOUS HEALTH RISK TO THE UNBORN CHILD’S MOTHER. In reasonable medical judgment, the child’s mother has a condition that so complicates her medical condition that it necessitates the termination of her pregnancy to avert her death or to avert serious risk of substantial physical impairment of a major bodily function. This term does not include a condition based on a claim that the woman is suffering from an emotional condition or a mental illness which will cause her to engage in conduct that intends to result in her death or the death of her unborn child. However, the condition may exist if a second physician who is licensed in Alabama as a psychiatrist, with a minimum of three years of clinical experience, examines the woman and documents that the woman has a diagnosed serious mental illness and because of it, there is reasonable medical judgment that she will engage in conduct that could result in her death or the death of her unborn child. If the mental health diagnosis and likelihood of conduct is confirmed as provided in this chapter, and it is determined that a termination of her pregnancy is medically necessary to avoid the conduct, the termination may be performed and shall be only performed by a physician licensed in Alabama in a hospital as defined in the Alabama Administrative Code and to which he or she has admitting privileges.
(7) UNBORN CHILD, CHILD, OR PERSON. A human being, specifically including an unborn child in utero at any stage of development, regardless of viability.
(8) WOMAN. A female human being, whether or not she has reached the age of majority.
(Act 2019-189, §3.)
(a) It shall be unlawful for any person to intentionally perform or attempt to perform an abortion except as provided for by subsection (b).
(b) An abortion shall be permitted if an attending physician licensed in Alabama determines that an abortion is necessary in order to prevent a serious health risk to the unborn child’s mother. Except in the case of a medical emergency as defined herein, the physician’s determination shall be confirmed in writing by a second physician licensed in Alabama. The confirmation shall occur within 180 days after the abortion is completed and shall be prima facie evidence for a permitted abortion.
(Act 2019-189, §4.)
No woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable. Furthermore, no physician confirming the serious health risk to the child’s mother shall be criminally or civilly liable for those actions.
(Act 2019-189, §5.)
(a) An abortion performed in violation of this chapter is a Class A felony.
(b) An attempted abortion performed in violation of this chapter is a Class C felony.
(Act 2019-189, §6.)
This chapter shall not apply to a physician licensed in Alabama performing a termination of a pregnancy or assisting in performing a termination of a pregnancy due to a medical emergency as defined by this chapter.
(Act 2019-189, §7.)
The construction of existing statutes and regulations that regulate or recognize abortion in Alabama that are in conflict with or antagonistic to this chapter shall be repealed as null and void and shall recognize the prohibition of abortion as provided in this chapter. If this chapter is challenged and enjoined pending a final judicial decision, the existing statutes and regulations that regulate or recognize abortion shall remain in effect during that time.
(Act 2019-189, §8.)
This chapter shall be known and may be cited as Gianna’s Law.
(Act 2021-502, §1.)
(a) A living human child born alive after an abortion or attempted abortion in an abortion or reproductive health center is entitled to the same rights, powers, and privileges as are granted by the laws of this state to any other child born alive at any location in this state.
(b) For purposes of this section the following terms shall have the meanings set forth below:
(1) ABORTION. The use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a woman known to be pregnant with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child. The term does not include these activities if done with the intent to save the life or preserve the health of an unborn child, remove a dead unborn child, to deliver the unborn child prematurely to avoid a serious health risk to the unborn child’s mother, or to preserve the health of her unborn child. The term does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy, nor does it include the procedure or act to terminate the pregnancy of a woman when the unborn child has a lethal anomaly.
(2) ABORTION OR REPRODUCTIVE HEALTH CENTER. A facility defined and regulated as an abortion or reproductive health center by the rules of the Alabama State Board of Health.
(3) BORN ALIVE. The complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy, which, after separation, breathes or has a heart beat, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.
(4) ECTOPIC PREGNANCY. Any pregnancy resulting from either a fertilized egg that has implanted or attached outside the uterus or a fertilized egg implanted inside the cornu of the uterus.
(5) LETHAL ANOMALY. A condition from which an unborn child would die after birth or shortly thereafter or be stillborn.
(6) PHYSICIAN. An individual licensed to practice medicine and surgery or osteopathic medicine and surgery in Alabama.
(7) SERIOUS HEALTH RISK TO THE UNBORN CHILD’S MOTHER. In reasonable medical judgment, a condition of the child’s mother which so complicates her medical condition that it necessitates the termination of her pregnancy to avert her death or to avert serious risk of substantial physical impairment of a major bodily function. The term does not include a condition based on a claim that the woman is suffering from an emotional condition or a mental illness which will cause her to engage in conduct that intends to result in her death or the death of her unborn child. However, the condition may exist if a second physician who is licensed in Alabama as a psychiatrist, with a minimum of three years of clinical experience, examines the woman and documents that the woman has a diagnosed serious mental illness and because of the condition, there is reasonable likelihood, in the physician’s medical judgment, that she will engage in conduct that could result in her death or the death of her unborn child. If the mental health diagnosis and likelihood of conduct is confirmed as provided in this section, and it is determined that a termination of her pregnancy is medically necessary to avoid the conduct, the termination may be performed and shall be only performed by a physician licensed in Alabama in a hospital as defined in the Alabama Administrative Code and to which he or she has admitting privileges.
(c)(1) A child born alive after an abortion or attempted abortion in an abortion or reproductive health center shall be entitled to the same physician patient relationship that is currently available for any other individual in need of medical care at any location in this state. Nothing in this section shall be construed to establish a new or separate standard of care for hospitals or physicians and their patients or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, or any amendment or judicial interpretation of either act. Nothing in this section shall be construed to modify or amend Chapter 22.
(2) If a child is born alive following an abortion or attempted abortion in an abortion or reproductive health center, the physician who performed the abortion or attempted the abortion in the abortion or reproductive health center shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious physician would render to any other child born alive at any other location in this state at the same gestational age. A physician who fails to preserve the life and health of the child in violation of this subdivision shall be guilty of a Class A felony.
(3) The Office of the Attorney General may bring an action to enforce this subsection. Any funds collected from fines pursuant to this chapter shall be deposited in the General Fund.
(d) A woman on whom an abortion is performed or attempted to be performed may not be held liable under this section.
(e) An individual who has knowledge of failure by a physician to comply with this section shall report this knowledge to the Office of the Attorney General. The identity of the individual making the report shall be kept confidential.
(f) All of the provisions of this chapter, including all obligations, duties, and rights created under this chapter, shall only apply to a physician who performs an abortion or attempted abortion in an abortion or reproductive health center.
(Act 2021-502, §2.)
Nothing in this chapter shall make legal an abortion that is not otherwise legal.
(Act 2021-502, §3.)
(a) Commencing on August 1, 2015, the Department of Children’s Affairs shall be known as the Department of Early Childhood Education. The department is a part of the Executive Department of state government, principally established to enable the Governor to effectively and efficiently coordinate efforts and programs to serve children throughout the state.
(b) All references to the Department of Children’s Affairs and to the Commissioner of the Department of Children’s Affairs in this code are changed to the Department of Early Childhood Education and the Secretary of the Department of Early Childhood Education, respectively. All other laws, rules, regulations, and legal references of any kind to the Department of Children’s Affairs or to the Commissioner of the Department of Children’s Affairs shall be changed to the Department of Early Childhood Education or the Secretary of the Department of Early Childhood Education, respectively when this code is next reprinted and in other laws, rules, regulations, and legal references as is appropriate, timely, and economically feasible.
(Act 99-439, p. 885, §1; Act 2015-160, §1.)
(a) The department shall be headed by and shall be under the direction, supervision, and control of an officer who shall be known and designated as the Secretary of Early Childhood Education. The secretary shall be responsible to the Governor for the administration of the department.
(b) The secretary shall be appointed by and shall hold office at the pleasure of the Governor.
(1) To be eligible for appointment to the office of secretary, a person shall provide proof of all of the following qualifications:
a. A master’s degree, or completion of at least 36 hours of post baccalaureate course work, in early childhood education or childhood development.
b. Extensive experience in educational supervision and management in the areas of early childhood education encompassing birth to eight years of age, inclusive, school readiness, early care education, school improvement, and school administration or education administration.
(2) In addition to the qualifications for the office of secretary listed in subdivision (1), certification in education administration and supervision is preferred, but not required.
(c) Vacancies in the office of secretary for any reason shall be filled by the Governor.
(d) The salary of the secretary shall be fixed by the Governor at a sum comparable to salaries paid similar officers in state government.
(e) Before entering upon the discharge of duties, the secretary shall take the constitutional oath of office and shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than ten thousand dollars ($10,000), conditioned upon the faithful performance of his or her duties. The premiums on the bond shall be paid out of the State Treasury.
(f) The secretary shall devote full time to the official duties of the office and shall not hold another office under the government of the United States, or any other state, or of this state or of any political subdivision thereof, during his or her incumbency in the office. The secretary shall not hold any position of trust or profit, the conduct of which shall interfere or be inconsistent with his or her duties as secretary pursuant to this article.
(Act 99-439, p. 885, §2; Act 2015-160, p. 420, §1; Act 2018-414, §1.)
The duties of the secretary shall include, but not be limited to, all of the following:
(1) Advising the Governor and the Legislature in matters relating to the coordination of services for children under the age of 19.
(2) Serving as a liaison between the Governor and state agencies providing programs or services for children.
(3) Educating and informing legislators and other elected officials about issues affecting children.
(4) Coordinating local effort by creating a network of existing local and community groups and advocates dedicated to children to enable beneficial organizations throughout the state to assist and educate each other.
(5) Actively seeking and applying for federal and private grants to fund children’s programs.
(6) Establishing a repository for information on programs other than education programs offered by the Department of Education for K-12 in Alabama, which offer services for, or are for the benefit of, or in any way affect Alabama’s children, including, but not limited to, the Department of Human Resources, the Department of Mental Health, Rehabilitation Services, the Department of Public Health, the Department of Youth Services, the Children’s Trust Fund, the Alabama Department of Economic and Community Affairs, the Alcoholic Beverage Control Board, the Alabama State Law Enforcement Agency, and the Child Abuse and Neglect Prevention Board.
(7) Preparing and submitting to the Governor and the Legislature annual reports on activities and expenditures of state and local agencies related to children; all state, local, and federal funding available for children’s programs other than education programs offered by the Department of Education for K-12; and recommendations of proposed legislation on the most efficient utilization of resources available in order to maximize services provided to children.
(8) Preparing or causing to be prepared, and submitting for approval and adoption by the Children’s Policy Council, legislation required to meet the unmet needs of children by further development and improvement of children services.
(9) Review the budget requests for children’s services of any state agency that administers children’s programs other than education programs offered by the Department of Education for K-12.
(10) Develop a cohesive and comprehensive system of high quality early learning and care.
(Act 99-439, p. 885, §3; Act 2000-613, p. 1230, §1; Act 2015-160, §1.)
(a) All functions and duties of the department shall be exercised by the secretary acting alone or by and through any administrative division or officer or employee that the secretary may designate. The secretary shall have all power and authority necessary or convenient to carry out the functions and duties of the department.
(b) The secretary may request any state or local agency or department which administers programs, other than education programs offered by the Department of Education for K-12, that directly affect Alabama’s children to submit to the secretary information deemed necessary by the secretary to evaluate and assess the relationship between children’s programs and the effectiveness of those programs, other than education programs offered by the Department of Education for K-12.
(c) The secretary may establish a data base of services offered by the several state and local agencies, and develop a system to provide for better coordination of services.
(d) The secretary shall work with the state and county children’s policy councils and the state and county children’s services facilitation teams in order to ensure that a comprehensive coordinated effort is in place to provide for children’s services.
(Act 99-439, p. 885, §4, Act 2000-613, p. 1230, §1; Act 2015-160, §1.)
In the performance of the functions and duties of the office and in the exercise of the powers and authorities, the secretary and all other officers and employees of the department shall be subject to all legal restrictions, limitations, and conditions and penalties, civil and criminal, with respect to the performance of those functions and duties and the exercise of those powers and authorities.
(Act 99-439, p. 885, §5; Act 2015-160, §1.)
The Governor may provide office space for the use of the department, secretary, and staff of either. The secretary may employ and secure the necessary staff, supplies, and materials to carry out this article, subject to the approval of the Governor, and pursuant to the state Merit System.
(Act 99-439, p. 885, §6; Act 2015-160, §1.)
The Office of School Readiness is created within the Department of Early Childhood Education. The office shall have the duties, responsibilities, functions, powers, and authority set forth in this article and as otherwise provided by law.
(Act 2000-613, p. 1230, §2; Act 2015-160, §1.)
As used in this article, the following terms shall have the following meanings:
(1) DIRECTOR. The Director of the Office of School Readiness.
(2) OFFICE. The Office of School Readiness.
(Act 2000-613, p. 1230, §3.)
(a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Secretary of the Department of Early Childhood Education. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law and as directed by the secretary. The director shall be in the unclassified service of the state Merit System and shall receive a salary in an amount to be determined by the secretary. The director shall employ an assistant who shall also serve in the unclassified position of the state Merit System.
(b) The director shall employ all qualified personnel of the office, subject to the state Merit System.
(Act 2000-613, p. 1230, §4; Act 2015-160, §1.)
The Office of School Readiness shall do all of the following:
(1) Establish criteria and administer such programs and services as may be necessary for the operation and management of a voluntary prekindergarten program.
(2) Administer such programs and services as may be necessary for the operation and management of preschool and certain child development programs coordinating with the Department of Education for the inclusion of preschool special education.
(3) Ensure that the prekindergarten program provides a developmentally appropriate preschool program emphasizing growth in language and literacy, math concepts, science, arts, physical development, and personal and social competence.
(4) Receive and disperse any funds appropriated to the office from the Legislature for the establishment, operation, and administration of the prekindergarten program. The budget of the office shall be part of the Department of Early Childhood Education.
(5) Assist local units of administration in this state so as to assure the proliferation of services under this article.
(6) Coordinate with the regulatory division for the licensing of child care centers and with the administration of the United States child and adult care food programs at the child care centers participating in the prekindergarten program.
(7) Issue annual reports to the Governor, secretary, and Legislature concerning the administration and operation of the prekindergarten program.
(8) Provide leadership for enhancement of school readiness in this state by aggressively establishing a unified approach to the state’s efforts toward enhancement of school readiness. In support of this effort, the office may develop and implement specific strategies that address the state’s school readiness programs.
(9) Safeguard the effective use of federal, state, local, and private resources to achieve the highest possible level of school readiness for the state’s children.
(10) Provide technical assistance to local programs.
(11) Assess gaps in services.
(12) By January 2001, adopt a system for measuring school readiness that provides objective data regarding the expectations for school readiness, and establish a method for collecting the data and guidelines for using the data. The measurement, the data collection, and the use of the data must serve the statewide school readiness goals. The criteria for determining which data to collect should be the usefulness of the data to state policymakers and local programs’ administrators in administering programs and allocating state funds, and must include the tracking of school readiness system information back to individual school readiness programs to assist in determining program effectiveness.
(Act 2000-613, p. 1230, §5; Act 2015-160, §1.)
The following entities may voluntarily, but shall not be required to, participate in the programs and services administered by the Office of School Readiness:
(1) Public schools.
(2) Private schools.
(3) Churches.
(4) Existing public prekindergarten programs.
(5) Existing private prekindergarten programs.
(6) Existing nonprofit prekindergarten programs.
(7) Any other entities or programs approved by the office.
(Act 2000-613, p. 1230, §6.)
As additional funds become available, all programs within each county participating in school readiness shall collaborate on early education and child care programs that are funded with state and/or federal funding including, but not limited to, adult and community education programs, Even-Start literacy programs, prekindergarten early intervention programs, Head Start programs, programs offered by public and private providers of child care, migrant prekindergarten programs, Title 1 programs, subsidized child care programs, and teen parenting programs, together with any additional funds appropriated or obtained for this section. These programs shall be components of the integrated school readiness program.
(Act 2000-613, p. 1230, §7.)
This article shall not result in the net loss of employees and no affected employee shall be required to relocate or be forced to transfer.
(Act 2000-613, p. 1230, §8.)
(a) The Alabama Children’s Policy Council is hereby created and shall consist of the following members: Three appointees from business and industry made by the Governor; the Lieutenant Governor; the Speaker of the House of Representatives; two members of the Alabama Senate, one appointed by the Lieutenant Governor and one appointed by the President Pro Tempore of the Senate; two members of the House of Representatives appointed by the Speaker of the House of Representatives; the Chief Justice of the Supreme Court of Alabama; the legal advisor to the Governor; the Attorney General; the President of the Juvenile and Family Court Judges’ Association; the Commissioner of the Department of Corrections; the President of the District Attorneys’ Association; the President of the Chief Juvenile Probation Officers’ Association; the Commissioner of the Department of Human Resources; the Administrative Director of Courts; the Secretary of the Department of Early Childhood Education; the Commissioner of the Department of Mental Health; the Executive Director of the Department of Youth Services; the State Superintendent of Education; the State Health Officer; the Executive Director of the Alabama Children’s Trust Fund; the President of the Alabama Parent-Teachers Association; the Director of the Alabama Department of Economic and Community Affairs; the Commissioner of the Department of Rehabilitation Services; the Commissioner of the Alabama Medicaid Agency; the Secretary of the Alabama State Law Enforcement Agency; the Administrator of the Alcoholic Beverage Control Board; the Director of the Office of School Readiness; the Director of Voices for Alabama’s Children; the Director of A Journey to Manhood; the President of A Coalition of 100 Black Women; the President of 21st Century Youth Leadership Program; the Director of the Children First Foundation; the Director of the Multiple Needs Child Office; and five persons to be appointed by the Alabama Children’s Policy Council. The appointed members of the Alabama Children’s Policy Council shall reflect the racial, gender, geographic, urban/rural, and economic diversity of the state. All appointments are subject to Senate confirmation and shall be effective until acted upon by the Senate.
(b) The Secretary of the Department of Early Childhood Education shall serve as chair and the Chief Justice of the Supreme Court of Alabama as vice chair. The five Alabama Children’s Policy Council appointees and the three appointees of the Governor shall serve on the Alabama Children’s Policy Council for two years from October 1 following their appointment and until their successors are selected, and may be reappointed for additional terms. Any vacancies in the appointed positions shall be filled in like manner as their predecessor and shall serve for a full term and until their successors are selected. If the Alabama Children’s Policy Council deems it necessary or advisable, it may elect other officers and adopt bylaws. The vice chair and any other officers of the Alabama Children’s Policy Council, other than the chair, shall hold these offices for a period as designated by the Alabama Children’s Policy Council, or for so long as they remain members of the Alabama Children’s Policy Council. The Alabama Children’s Policy Council shall meet at the call of the chair at least once annually prior to September 1 of each fiscal year, and at other times as, in the opinion of the chair, additional meetings are needed.
(c) It shall be the duty of the Alabama Children’s Policy Council and the Chief Justice of the Supreme Court of Alabama to review the report prepared by the Department of Early Childhood Education pursuant to Section 26-24-34 and to make recommendations as it deems necessary and appropriate to the Governor and Legislature by October 1 of each fiscal year. It shall also be the duty of the Alabama Children’s Policy Council to develop a state resource guide, which may be automated, including procedural information concerning how to access these services. This guide shall be distributed to departments, agencies, and organizations serving children, as well as the county children’s policy councils in each county of the state and the general public.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-130; amended and renumbered by Act 2008-277, p. 441, §28; Act 2015-160, §1.)
(a) There is hereby established the Alabama Children’s Policy Council Fund into which there is automatically appropriated twenty thousand dollars ($20,000) annually at the beginning of each fiscal year. Any funds remaining in the Alabama Children’s Policy Council Fund at the end of any fiscal year shall not revert to the State General Fund. The Comptroller shall transfer the moneys from the State General Fund to the Alabama Children’s Policy Council Fund annually at the beginning of each fiscal year and the moneys in the fund shall be expended for the travel expenses of members of the Alabama Children’s Policy Council who are not otherwise reimbursed by the state and such other necessary operating costs and expenses as approved by the Chair of the Alabama Children’s Policy Council. Travel and per diem for all members of the Alabama Children’s Policy Council shall be calculated and paid at the same rate applicable to state employees. Any expenses of the Alabama Children’s Policy Council, including printing, postage, and mailing costs, which cannot be paid because of insufficient funds, shall be charged to the departments and agencies represented by membership on the Alabama Children’s Policy Council on a pro rata basis, as calculated by the chair.
(b) The Alabama Children’s Policy Council may accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing this chapter. All funds shall be deposited into the Alabama Children’s Policy Council Fund, which shall be under the management of the Alabama Children’s Policy Council. Moneys of the fund may be withdrawn by vouchers or checks signed by the chair of the Alabama Children’s Policy Council.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-131; amended and renumbered by Act 2008-277, p. 441, §28.)
The members of the Alabama Children’s Policy Council who are officers or employees of the State of Alabama shall be entitled to be reimbursed for their expenses, including travel, lodging, food, and other expenses at the same rate as other state employees. These expenses shall be paid by the Comptroller from funds appropriated from the State Treasury to the department or agency which the member represents.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-132; amended and renumbered by Act 2008-277, p. 441, §28.)
(a) A county children’s policy council is hereby created in each county of the state. The county children’s policy council shall consist of the following members: A juvenile court judge in each county; the county director of the Department of Human Resources; a county representative of the Department of Mental Health; a county representative of the Department of Youth Services; a county representative of the Department of Rehabilitation Services, the Medicaid Agency, the Alabama State Law Enforcement Agency, and the Alcoholic Beverage Control Board, provided they have a physical presence in the county; the county superintendent of education and any city superintendent of education in the county; the county chief juvenile probation officer; a representative of the county health department; the district attorney; local legislators; the chair of the county commission; the sheriff, and at least seven persons to be appointed by the county children’s policy council from the community including, but not limited to, state and local government officials, practicing attorneys, community organizations, business and industry, and representatives of any other agencies or organizations providing services to families and children in the county.
(b) All members of the county children’s policy council shall serve on the county children’s policy council for two years and until their successors are appointed, except those who serve by virtue of holding a designated office. The county children’s policy council shall be convened at least once each quarter at the call of the chair. The juvenile court judge presiding over the county children’s policy council may nominate a member to serve as chair. At the first meeting of the county children’s policy council, the county children’s policy council shall select its additional council members. If the county children’s policy council deems it necessary or advisable, it may elect other officers and adopt bylaws. The additional officers shall hold office for the period as designated by the county children’s policy council.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-133; amended and renumbered by Act 2008-277, p. 441, §28.)
The duties of the county children’s policy council shall include, but not be limited to, the following: Reviewing the needs of children in the county and the responsibilities assigned each department or agency by law; determining areas of responsibility and identifying areas of duplication or conflict between departments and agencies in the county; identifying local resources and developing, in conjunction with the Department of Early Childhood Education, and up-dating annually, a local resource guide to services available to children which shall include procedural information concerning how to access those local services; articulating and communicating to the local community the needs of children; and submitting an annual report to the Department of Early Childhood Education by July 1 of each year on the local services provided to children, local needs of children, and recommendations of the county children’s policy council based on data from the previous fiscal year ending September 30. The Department of Early Childhood Education shall then, by September 1 of each year, submit its summary recommendations based on the reports, along with a copy of each local report to the Alabama Children’s Policy Council. The local resource guides shall be used by the Alabama Children’s Policy Council in compiling a state resource guide, which may be automated and shall be distributed to the general public and to agencies and organizations serving children.
(Acts 1990, No. 90-674, p. 1304, §17; Act 2000-612, p. 1226, §1; §12-15-134; amended and renumbered by Act 2008-277, p. 441, §28; Act 2015-160, §1.)
All references to the “Alabama Juvenile Justice Coordinating Council” and to “county juvenile justice coordinating councils” in this code, are changed to the “Alabama Children’s Policy Council” and “county children’s policy councils” respectively. All other laws, rules, regulations, and legal references of any kind to the “Alabama Juvenile Justice Coordinating Council” or to “county juvenile justice coordinating councils” shall be changed to the “Alabama Children’s Policy Council” or to “county children’s policy councils” respectively when this code is next reprinted and in other laws, rules, regulations, and legal references as is appropriate, timely, and economically feasible.
(Act 2000-612, p. 1226, §2; §12-15-135; amended and renumbered by Act 2008-277, p. 441, §28.)
For the purposes of this article, the following terms have the following meanings:
(1) ADULT-SUPERVISED USE. Media engagement in which a parent, guardian, or caregiver is actively present and guiding and discussing the media content.
(2) DEPARTMENT. The Department of Early Childhood Education.
(3) EARLY CHILDHOOD EDUCATION PROGRAM. a. All of the following:
A licensed child-care facility that serves children five years of age and younger.
Prekindergarten programs operating under Article 2.
Public kindergarten programs.
b. In addition to regular school day programs, the term includes any after-school, extended day, or summer program provided by a facility or program described in paragraph a.
(4) HIGH-QUALITY PROGRAMMING. Screen-based media programs and platforms used in early childhood education programs.
(5) LICENSED CHILD-CARE FACILITY. All of the following:
a. A day care center as defined in Section 38-7-2.
b. A day care home as defined in Section 38-7-2.
c. A group day care home as defined in Section 38-7-2.
d. A night care facility as defined in Section 38-7-2.
(6) SCREEN-BASED MEDIA. Visual media devices including, but not limited to, televisions, computers, smart phones, and tablets.
(7) SCREEN TIME. Time spent using screen-based media. The term does not include live, interactive video communication, such as a video call with a child’s family.
(Act 2026-169, §2.)
(a) The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop research-based guidelines on healthy screen time practices for children from birth through five years of age. The guidelines shall be based on current evidence-based research and practices.
(b) The guidelines shall emphasize all of the following:
(1) The importance of play, reading, physical activity, and caregiver-child interaction.
(2) The risks of excessive screen time on children, including developmental delays and behavioral impacts.
(3) Strategies for setting screen-time-free routines in the home.
(c) The department shall publish the guidelines on the department website at no cost to the public.
(Act 2026-169, §2.)
(a) Screen-based media in early childhood education programs:
(1) May not be unreasonably used as a substitute for teacher-led instruction, reading, hands-on learning, or outdoor play;
(2) Must meet the department’s screen time standards as provided in Section 26-24-63; and
(3) Must be actively supervised by staff.
(b) Background television and passive screen time is prohibited in early childhood education programs.
(c) This article shall not apply to any of the following:
(1) The screen time of any student acting pursuant to the student’s Individualized Education Program, Section 504 plan, or Individualized Health Plan.
(2) Screen time by any kindergarten student necessary to complete required diagnostic tests and assessments.
(3) Screen time by any student enrolled in classes offered as part of a virtual school or virtual program approved by a local board of education.
(d) The department, the State Department of Human Resources, and the State Board of Education may adopt rules to implement and administer this article.
(Act 2026-169, §2.)
The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop screen time standards for early childhood education programs which are based on current evidence-based research and practices. The standards shall include the following:
(1) Age-appropriate screen time limits, provided that no screen time may be allowed for students under two years of age.
(2) Guidelines for determining what constitutes high-quality programming. In establishing the guidelines, all of the following factors must be considered:
a. The target audience of the program and whether the program is age-appropriate in an early childhood education setting.
b. The pacing of the program, with a preference toward slow-paced programming.
c. Whether the programming is free of violence.
d. Whether the programming is free of advertisement that the department determines is harmful to children.
(3) Best practices for screen time in early childhood education programs.
(Act 2026-169, §2.)
(a) The department, in collaboration with the State Department of Human Resources and the State Department of Education, shall develop training on screen time standards provided in Section 26-24-63 and alternatives to screen time. The training may be tailored to each type of early childhood education program.
(b) Each early childhood education program teacher and staff member who closely supervises children shall complete the training annually.
(Act 2026-169, §2.)
(a) Compliance with this article shall be monitored and enforced by the following entities:
(1) For child-care facilities licensed by the State Department of Human Resources, by the State Department of Human Resources pursuant to Section 38-7-7.1.
(2) For prekindergarten programs operating under Article 2, by the department pursuant to subsection (b).
(3) For public kindergarten, by the local school principal pursuant to Section 16-40-15.
(b)(1) In addition to the standards established pursuant to Article 2, each prekindergarten operating under Article 2 shall implement and abide by a screen time policy that meets the requirements of this article and reflects the screen time standards established pursuant to Section 26-24-63.
(2) The secretary of the department shall monitor prekindergarten compliance with this article as he or she deems necessary, provided that the secretary must:
a. Include a screen time policy in the Office of School Readiness Program Guidelines;
b. Require prekindergarten teachers to annually complete the training required by Section 26-24-64; and
c. In the event that a prekindergarten is not in compliance with this section, prioritize additional training with relevant staff members. If noncompliance continues, the department may establish or enforce a corrective action plan.
(Act 2026-169, §2.)
(a) For the purposes of this chapter, the following terms have the following meanings:
(1) BABY SAFETY DEVICE. A device installed at an emergency medical services provider pursuant to Section 26-25-1.2 for the purpose of permitting a parent to anonymously surrender his or her infant.
(2) DEPARTMENT. The Department of Human Resources.
(3) EMERGENCY MEDICAL SERVICES PROVIDER. All of the following entities:
a. A licensed hospital, as defined in Section 22-21-20, which operates an emergency department. This term does not include either of the following:
The offices, clinics, surgery facilities, or treatment facilities of private physicians or dentists.
Any individual licensed healthcare provider, including a physician, dentist, nurse, physician assistant, or any other health professional.
b. Any fire station, provided that it is staffed 24 hours a day, seven days a week, 365 days a year with at least one emergency medical services personnel, as defined by Section 22-18-1.
(4) INFANT. A child 45 days old or younger.
(b)(1) An emergency medical services provider, without a court order, shall take possession of an infant who is 45 days old or younger in each of the following circumstances:
a. The infant’s parent delivers the infant to an emergency medical services provider.
b. The infant’s parent places the infant in a baby safety device that meets the requirements of Section 26-25-1.2, provided that the parent did not express an intent to return for the infant.
c. The infant’s parent delivers the infant to an employee of an emergency medical services provider, provided that the employee is responding to an emergency call from a parent who expressed an intent to surrender and not return for the infant.
(2) A parent who surrenders an infant pursuant to this subsection may not be required to provide or asked to provide any information relating to his or her identity. If the identity of the parent is known by an emergency medical services provider, he or she shall keep the identity confidential.
(3) An emergency medical services provider who takes possession of an infant under this section shall perform any act necessary to protect the physical health or safety of the infant. No court order or other legal document shall be required in order for the emergency medical services provider to take possession of an infant whose parent surrenders custody under this chapter.
(Act 2000-760, p. 1740, §1; Act 2023-508, §1.)
(a) A woman admitted to a hospital for purposes of labor and delivery may surrender custody of her newborn infant. If a woman expresses a desire to voluntarily surrender custody of her newborn infant after birth, an emergency medical services provider shall take possession of the infant, without any further action by the woman, as if the infant had been surrendered in the same manner as Section 26-25-1.
(b) A woman who surrenders a newborn infant pursuant to this section is entitled to the legal protections of anonymity guaranteed under this chapter. If the woman expresses a desire to remain anonymous, identifying information may be obtained only for purposes of securing payment of labor and delivery costs. If the birth mother is a minor, the hospital may use the identifying information to secure payment through Medicaid, but may not notify the minor’s parent or guardian without the minor’s consent.
(c) Except as required by subsection (b), the identity of a birth mother who surrenders her infant pursuant to this section shall not be placed on the birth certificate or disclosed to any other individual or entity, including state and local agencies.
(Act 2023-508, §2.)
(a)(1) An emergency medical services provider may install, maintain, and monitor a baby safety device, provided that the baby safety device meets all of the requirements of this section. No other individual or entity, including any child placing agency, that is not an emergency medical services provider may install, maintain, or monitor a baby safety device.
(2)a. An emergency medical services provider may accept donations or grants, and the Legislature may appropriate funds, for the purpose of installing and maintaining a baby safety device. If a specific donation or appropriation is made to an emergency medical services provider for the purpose of installing and maintaining a baby safety device pursuant to this section, then the emergency medical services provider shall install and maintain a baby safety device as required by this section, to the extent that the funding allows it to do so. A donor may not be involved in the installation, maintenance, or monitoring of a baby safety device.
b. An emergency medical services provider shall not be required to install, maintain, or monitor a baby safety device if the provider has not received funding under this subdivision.
(b) A baby safety device in this state shall be installed by a general contractor licensed pursuant to Chapter 8 of Title 34 and shall meet all of the following criteria:
(1) Be designed to permit a parent to anonymously place an infant in the device for purposes of surrendering the infant.
(2) Be climate controlled.
(3) Be installed in a conspicuous location.
(4) Be equipped with a dual alarm system connected to the physical location where the device is installed. The dual alarm system shall trigger when an infant is placed into the device, shall be visually inspected twice per day, and shall be tested at least once per week.
(5) Have a supporting frame of the device that is anchored to prevent movement of the unit as a whole.
(6) Be under 24-hour camera surveillance, provided that the surveillance footage may only be viewed for purposes of investigating alleged child abuse or neglect or other criminal behavior related to the surrender of an infant to a baby safety device.
(7) Meet any other requirements adopted by the department.
(c) An emergency medical services provider shall take custody of any infant surrendered in a baby safety device in the same manner as an infant surrendered pursuant to Section 26-25-1, and shall follow the procedures provided in Section 26-25-2.
(d)(1) The Department of Public Health shall adopt rules relating to the installation, maintenance, and monitoring of a baby safety device including, but not limited to, all of the following:
a. Rules providing for the purchase and installation of a baby safety device, including designating from where an emergency medical services provider may purchase a baby safety device.
b. Rules providing for the maintenance of a baby safety device.
c. Rules providing for training of emergency medical services providers with baby safety devices installed on its premises.
(2) Nothing in this chapter requires the Department of Human Resources to monitor or regulate any baby safety device installed in this state.
(e) Any emergency medical services provider that has a baby safety device installed shall post signage at the site of the device that clearly identifies the device and provides written and pictorial directions to the surrendering individual instructing him or her to open the access door, place the infant inside the device, and close the access door to engage the lock. The signage shall be approved by the Department of Public Health and shall clearly indicate all of the following:
(1) That an infant surrendered in a baby safety device may be no more than 45 days old.
(2) That by placing an infant in the baby safety device, a parent is foregoing all parental responsibilities with respect to the infant and is giving consent for the state to take custody of the infant.
(3) That damaging a baby safety device may constitute the crime of criminal mischief.
(Act 2023-508, §2.)
(a) No later than the close of the first business day after the date on which an emergency medical services provider takes possession of an infant pursuant to this chapter, the provider shall notify the Department of Human Resources that the emergency medical services provider has taken possession of the infant and take the infant to a licensed hospital for a medical evaluation.
(b) The department shall assume the care, control, and custody of the infant immediately on receipt of notice pursuant to subsection (a). The department shall be responsible for all medical and other costs associated with the infant and shall reimburse any hospital or emergency medical services provider for any costs incurred prior to the infant being placed in the care of the department.
(c) Immediately after assuming custody of an infant, the department shall contact the local law enforcement agency in the municipality or county where the infant was surrendered to determine whether the infant is a missing child in this state or in another state, and the law enforcement agency shall investigate whether the infant has been reported as missing.
(Act 2000-760, p. 1740, §2; Act 2023-508, §1.)
(a) It is an affirmative defense to prosecution under Sections 13A-13-4, 13A-13-5, and 13A-13-6, if the parent voluntarily delivers the infant to an emergency medical services provider or a baby safety device pursuant to this chapter.
(b) Nothing in this section shall prohibit the prosecution or investigation of any allegations of abuse or neglect of a surrendered infant.
(Act 2000-760, p. 1740, §3; Act 2023-508, §1.)
[Repealed]
REPEALED BY ACT 2023-508, EFFECTIVE SEPTEMBER 1, 2023.
For the purposes of this chapter, an emergency medical services provider shall mean a licensed hospital, as defined in Section 22-21-20, which operates an emergency department. An emergency medical services provider does not include the offices, clinics, surgeries, or treatment facilities of private physicians or dentists. No individual licensed health care provider, including physicians, dentists, nurses, physician assistants, or other health professionals shall be deemed to be an emergency medical services provider under this chapter unless such individual voluntarily assumes responsibility for the custody of the child.
(Act 2000-760, p. 1740, §4.)
Except as provided in Section 36-1-12, an emergency medical services provider or an employee or agent of an emergency medical services provider subject to this chapter shall be immune from liability for any civil action arising out of any action or omission taken pursuant to the requirements of this chapter.
(Act 2000-760, p. 1740, §5; Act 2023-508, §1.)
This chapter shall be known and may be cited as the Alabama Vulnerable Child Compassion and Protection Act (V-CAP).
(Act 2022-289, §1.)
The Legislature finds and declares the following:
(1) The sex of a person is the biological state of being female or male, based on sex organs, chromosomes, and endogenous hormone profiles, and is genetically encoded into a person at the moment of conception, and it cannot be changed.
(2) Some individuals, including minors, may experience discordance between their sex and their internal sense of identity, and individuals who experience severe psychological distress as a result of this discordance may be diagnosed with gender dysphoria.
(3) The cause of the individual’s impression of discordance between sex and identity is unknown, and the diagnosis is based exclusively on the individual’s self-report of feelings and beliefs.
(4) This internal sense of discordance is not permanent or fixed, but to the contrary, numerous studies have shown that a substantial majority of children who experience discordance between their sex and identity will outgrow the discordance once they go through puberty and will eventually have an identity that aligns with their sex.
(5) As a result, taking a wait-and-see approach to children who reveal signs of gender nonconformity results in a large majority of those children resolving to an identity congruent with their sex by late adolescence.
(6) Some in the medical community are aggressively pushing for interventions on minors that medically alter the child’s hormonal balance and remove healthy external and internal sex organs when the child expresses a desire to appear as a sex different from his or her own.
(7) This course of treatment for minors commonly begins with encouraging and assisting the child to socially transition to dressing and presenting as the opposite sex. In the case of prepubertal children, as puberty begins, doctors then administer long-acting GnRH agonist (puberty blockers) that suppress the pubertal development of the child. This use of puberty blockers for gender nonconforming children is experimental and not FDA-approved.
(8) After puberty blockade, the child is later administered “cross-sex” hormonal treatments that induce the development of secondary sex characteristics of the other sex, such as causing the development of breasts and wider hips in male children taking estrogen and greater muscle mass, bone density, body hair, and a deeper voice in female children taking testosterone. Some children are administered these hormones independent of any prior pubertal blockade.
(9) The final phase of treatment is for the individual to undergo cosmetic and other surgical procedures, often to create an appearance similar to that of the opposite sex. These surgical procedures may include a mastectomy to remove a female adolescent’s breasts and “bottom surgery” that removes a minor’s health reproductive organs and creates an artificial form aiming to approximate the appearance of the genitals of the opposite sex.
(10) For minors who are placed on puberty blockers that inhibit their bodies from experiencing the natural process of sexual development, the overwhelming majority will continue down a path toward cross-sex hormones and cosmetic surgery.
(11) This unproven, poorly studied series of interventions results in numerous harmful effects for minors, as well as risks of effects simply unknown due to the new and experimental nature of these interventions.
(12) Among the known harms from puberty blockers is diminished bone density; the full effect of puberty blockers on brain development and cognition are yet unknown, though reason for concern is now present. There is no research on the long-term risks to minors of persistent exposure to puberty blockers. With the administration of cross-sex hormones comes increased risks of cardiovascular disease, thromboembolic stroke, asthma, COPD, and cancer.
(13) Puberty blockers prevent gonadal maturation and thus render patients taking these drugs infertile. Introducing cross-sex hormones to children with immature gonads as a direct result of pubertal blockade is expected to cause irreversible sterility. Sterilization is also permanent for those who undergo surgery to remove reproductive organs, and such persons are likely to suffer through a lifetime of complications from the surgery, infections, and other difficulties requiring yet more medical intervention.
(14) Several studies demonstrate that hormonal and surgical interventions often do not resolve the underlying psychological issues affecting the individual. For example, individuals who undergo cross-sex cosmetic surgical procedures have been found to suffer from elevated mortality rates higher than the general population. They experience significantly higher rates of substance abuse, depression, and psychiatric hospitalizations.
(15) Minors, and often their parents, are unable to comprehend and fully appreciate the risk and life implications, including permanent sterility, that result from the use of puberty blockers, cross-sex hormones, and surgical procedures.
(16) For these reasons, the decision to pursue a course of hormonal and surgical interventions to address a discordance between the individual’s sex and sense of identity should not be presented to or determined for minors who are incapable of comprehending the negative implications and life-course difficulties attending to these interventions.
(Act 2022-289, §2.)
For the purposes of this chapter, the following terms shall have the following meanings:
(1) MINOR. The same meaning as in Section 43-8-1.
(2) PERSON. Includes any of the following:
a. Any individual.
b. Any agent, employee, official, or contractor of any legal entity.
c. Any agent, employee, official, or contractor of a school district or the state or any of its political subdivisions or agencies.
(3) SEX. The biological state of being male or female, based on the individual’s sex organs, chromosomes, and endogenous hormone profiles.
(Act 2022-289, §3.)
(a) Except as provided in subsection (b), no person shall engage in or cause any of the following practices to be performed upon a minor if the practice is performed for the purpose of attempting to alter the appearance of or affirm the minor’s perception of his or her gender or sex, if that appearance or perception is inconsistent with the minor’s sex as defined in this chapter:
(1) Prescribing or administering puberty blocking medication to stop or delay normal puberty.
(2) Prescribing or administering supraphysiologic doses of testosterone or other androgens to females.
(3) Prescribing or administering supraphysiologic doses of estrogen to males.
(4) Performing surgeries that sterilize, including castration, vasectomy, hysterectomy, oophorectomy, orchiectomy, and penectomy.
(5) Performing surgeries that artificially construct tissue with the appearance of genitalia that differs from the individual’s sex, including metoidioplasty, phalloplasty, and vaginoplasty.
(6) Removing any healthy or non-diseased body part or tissue, except for a male circumcision.
(b) Subsection (a) does not apply to a procedure undertaken to treat a minor born with a medically verifiable disorder of sex development, including either of the following:
(1) An individual born with external biological sex characteristics that are irresolvably ambiguous, including an individual born with 46 XX chromosomes with virilization, 46 XY chromosomes with under virilization, or having both ovarian and testicular tissue.
(2) An individual whom a physician has otherwise diagnosed with a disorder of sexual development, in which the physician has determined through genetic or biochemical testing that the person does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action for a male or female.
(c) A violation of this section is a Class C felony.
(Act 2022-289, §4.)
No nurse, counselor, teacher, principal, or other administrative official at a public or private school attended by a minor shall do either of the following:
(1) Encourage or coerce a minor to withhold from the minor’s parent or legal guardian the fact that the minor’s perception of his or her gender or sex is inconsistent with the minor’s sex.
(2) Withhold from a minor’s parent or legal guardian information related to a minor’s perception that his or her gender or sex is inconsistent with his or her sex.
(Act 2022-289, §5.)
Except as provided for in Section 26-26-4, nothing in this chapter shall be construed as limiting or preventing psychologists, psychological technicians, and master’s level licensed mental health professionals from rendering the services for which they are qualified by training or experience involving the application of recognized principles, methods, and procedures of the science and profession of psychology and counseling.
(Act 2022-289, §6.)
Nothing in this chapter shall be construed to establish a new or separate standard of care for hospitals or physicians and their patients or otherwise modify, amend, or supersede any provision of the Alabama Medical Liability Act of 1987 or the Alabama Medical Liability Act of 1996, or any amendment or judicial interpretation of either act.
(Act 2022-289, §7.)
If any part, section, or subsection of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect parts, sections, subsections, or applications of this chapter that can be given effect without the invalid part, section, subsection, or application.
(Act 2022-289, §8.)
This chapter does not affect a right or duty afforded to a licensed pharmacist by state law.
(Act 2022-289, §9.)
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