Ala. Code § 26-10E-2

Current through the 2024 Regular Session.

Section 26-10E-2 - Definitions

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 Alabama Child Care Act of 1971, Chapter 7 of Title 38, Code of Alabama 1975, 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 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) 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.

Ala. Code § 26-10E-2 (1975)

Added by Act 2023-92,§ 1, eff. 1/1/2024.