SB50 Alabama 2023 Session

Summary

Primary Sponsor

Arthur OrrSenator

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

SB50 would replace Alabama's Adoption Code with separate Minor and Adult Adoption Codes, reorganize court jurisdiction and consent rules, and expand investigations and confidentiality around adoptions.

What This Bill Does

The bill repeals the current Alabama Adoption Code and creates the Alabama Minor Adoption Code (Chapter 10E) and the Alabama Adult Adoption Code (Chapter 10F), moving related provisions into these new chapters. It sets which courts handle adoption cases, requires cross-court communication, and specifies who must consent to adoptions, when consent can be withdrawn, and how disputes are resolved. It expands pre- and post-placement investigations for minor adoptions, requires background checks and reference letters, and tightens confidentiality of adoption records. It also creates procedures for adopting adults, including who may adopt and when investigations are required, and it requires certain record transfers and confidentiality protections across agencies.

Who It Affects

• Prospective adoptive parents and adoptees (both minors and adults) who would face new consent rules, required background checks, pre-placement and post-placement investigations, potential guardian ad litem involvement, and changes in status and naming after final adoption.
• Courts and state agencies (Probate Court, Juvenile Court, Department of Human Resources, licensed child-placing agencies) that would experience new jurisdiction rules, inter-court communications, record handling and confidentiality requirements, and updated procedures for adoptions.

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 Chapter 10A.
• Defines key terms (e.g., abandonment, adoptee, consent, adult) to govern adoption proceedings.
• Gives probate court original jurisdiction over minor adoptions and establishes transfer and communication processes between probate, juvenile, and circuit courts when needed.
• Sets who must consent to minor adoptions (adoptee aged 14+ must consent if capable; legal mothers and fathers; putative fathers under certain conditions; guardians; departments) and outlines withdrawal timelines and implied-consent presumptions.
• Requires pre-placement and post-placement investigations for minor adoptions, including background checks (Adam Walsh Act), letters of suitability, references, home safety assessments, and cost accounting; reports must be filed within set timeframes and guardian ad litem involvement is provided where appropriate.
• Confidentiality and records: hearings are confidential; final adoption records are sealed with specific rules on access and disclosure; non-identifying information may be released under court conditions; identifying information can be released only with court-ordered exceptions.
• Outlines contested adoptions with guardians ad litem, notices, hearings, and potential reimbursements; provides final judgment standards including post-judgment rights and remedies; allows appeals and sets custody rules during appeals.
• Adult adoption provisions: defines who may adopt an adult, the procedures, consent requirements (including guardian ad litem for incapacitated adoptees), and that investigations are not required unless ordered by the court; establishes that adoptive parents become the legal parents with inheritance rights and limits on the other parent’s rights.
• Transfers and handling of records: requires transfer of juvenile records to probate court after adoption proceedings; adds for record creation and confidentiality with vital statistics and the Department of Human Resources; ensures cross-state consistency under the Interstate Compact where applicable.
• Penalties and anti-fee provisions: prohibits certain fees for placing, consenting to, or assisting in adoptions; imposes penalties for improper fees and carves out reasonable maternity and related expenses when not contingent on adoption.
• Effective date: the act becomes effective 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