HB101 Alabama 2023 Session

Summary

Primary Sponsor

Ginny Shaver Representative

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.

Description

Under existing law, the Alabama Adoption Code provides for adoption procedures.

This bill would repeal the Alabama Adoption Code and replace it with the Alabama Minor Adoption Code and the Alabama Adult Adoption Code.

This bill would provide jurisdictional requirements for adoptions and contests to adoptions and allow certain courts handling adoption-related proceedings to communicate with one another.

This bill would require certain individuals to consent to an adoption, provide limitations as to when consent may be withdrawn, and provide for the contest of an adoption in certain situations.

This bill would expand on the confidentiality procedures related to adoptions and adoption records.

This bill would provide further for pre-placement and post-placement investigations of individuals petitioning to adopt a minor and would require reference letters, certain background checks, and other additional records before the adoption of a minor may be finalized.

This bill would clarify procedures for a relative or stepparent to adopt a minor.

This bill would provide for the adoption of an HB101 INTRODUCED adult, including who may adopt an adult, the procedures to adopt an adult, and whose consent is required to adopt an adult.

This bill would provide that an investigation is not required for the adoption of an adult, unless the court so orders.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Adoption, Adult Adoption Code, created; Minor Adoption Code, repealed and replaced