HB101 Alabama 2023 Session

Summary

Primary Sponsor

Ginny ShaverRepresentative

Republican

Session

Regular Session 2023

Title

Relating to adoption; to add Chapter 10E and Chapter 10F to Title 26 of the Code of Alabama 1975, and Section 12-15-115.1 to the Code of Alabama 1975; to amend Section 12-15-133 of the Code of Alabama 1975; to repeal Section 12-12-35 of the Code of Alabama 1975, and Chapter 10A of Title 26 of the Code of Alabama 1975; to create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.

Summary

HB101 would replace Alabama's Adoption Code with separate Minor and Adult Adoption Codes, creating new rules for who can adopt, consent, investigations, confidentiality, and court processes for minor and adult adoptions.

What This Bill Does

It creates two new adoption codes (Minor and Adult) and repeals the current Adoption Code and related chapters. It assigns minor adoptions to the probate court and outlines how cases may move between probate, juvenile, and circuit courts with court communication and record sharing. It tightens consent rules, adds detailed pre-placement and post-placement investigations, guardian ad litem requirements, and confidentiality protections, and sets processes for updating birth certificates after adoptions. It also establishes rules for adult adoptions, prohibits certain payments, and sets timelines and appeal procedures, with an effective date of January 1, 2024 and transitional provisions for proceedings not commenced by December 31, 2023.

Who It Affects

• Prospective adoptive parents and adoptees (both minors and adults) who would face new consent requirements, mandatory investigations, guardian ad litem involvement, and updated birth certificates after adoption.
• Biological and legal parents, guardians, guardians ad litem, licensed child-placing agencies, the Department of Human Resources, and courts (probate, juvenile, and circuit) who would face new consent tasks, withdrawal rules, confidentiality protections, and potential termination of parental rights.

Key Provisions

• Creates the Alabama Minor Adoption Code (Chapter 10E) and the Alabama Adult Adoption Code (Chapter 10F) and repeals the existing Alabama Adoption Code and related chapters.
• Gives probate court original jurisdiction over minor adoption cases and allows cross-court communication and transfers between probate, juvenile, and circuit courts to handle jurisdiction and termination of parental rights while protecting records.
• Sets who must consent to adoptions (including the adoptee 14+ in some cases, the adoptee's legal parents, putative fathers, guardians, and the Department or agency in certain scenarios) and establishes withdrawal windows and implied-consent rules.
• Requires extensive pre-placement and post-placement investigations for minor adoptions (background checks, letters of suitability, six reference letters, medical and financial information, and an assessment of best interests) and the appointment of a guardian ad litem for the minor parent or incapacitated adoptee.
• Provides procedures for adult adoptions, including who may adopt, consent requirements, and that a pre-placement investigation is not required unless ordered by the court.
• Mandates confidentiality of hearings and records, with sealing of records after final judgment and limited non-identifying information disclosure; requires birth certificates to be updated to reflect adoptive parents and new name if applicable.
• Prohibits certain payments to secure adoptions; establishes penalties for paying or receiving money or value in exchange for adoption-related actions; court-approved fees and disclosures are required.
• Addresses grandparent visitation and stepparent adoptions, with specific rules about eligibility and court review, and clarifies related custody and parental-rights outcomes.
• Dates and transitional provisions state the act applies to minor adoptions not commenced by December 31, 2023, with effect beginning January 1, 2024.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Adoption, Adult Adoption Code, created; Minor Adoption Code, repealed and replaced