SB94 Alabama 2025 Session

Summary

Primary Sponsor

Arthur OrrSenator

Republican

Session

2025 Regular Session

Title

Adoption, Minor Adoption Code and Adult Adoption Code revised, procedures related to investigations, service of notice, and revocation of consent further provided for, duties of Department of Human Resources further provided for

Summary

SB94 overhauls Alabama's Minor and Adult Adoption Codes by expanding oversight, updating notice and consent rules, adding a paternal registry, strengthening investigations, and tightening confidential record handling.

What This Bill Does

If passed, it would shift more adoption duties to the Department of Human Resources and county offices, tighten how notices are served and responses collected, and require detailed pre- and post-placement investigations for minor adoptions. It also creates a Putative Father Registry, defines a de facto parent-child relationship for adult adoptions, and updates birth certificate procedures after final judgments. Additionally, it expands guardianship, confidentiality, and grandparent visitation provisions related to adoptions and sets a 2026 effective date.

Who It Affects

• Adoptees (minors and adults) who would be subject to new consent, investigation, and record-keeping rules and potential name changes.
• Prospective adoptive parents (married or single) who must meet enhanced background checks, investigations, and disclosure requirements.
• Biological and putative fathers and mothers, who gain new rights and obligations through the putative father registry and paternity notice procedures.
• State Department of Human Resources and county departments, which gain expanded roles and duties in investigations, consent processes, and record handling.
• Guardians ad litem and courts, which will implement new procedures for representation and contested adoptions.
• Grandparents and other relatives, who face revised visitation rules in connection with adoption proceedings.

Key Provisions

• Establishes a Putative Father Registry (and notice/registration process) to record paternal information, require notices to the registry, allow revocation of paternity notices, mandate confidentiality, and provide court-ordered disclosure under limited conditions.
• Revises express and implied consent/relinquishment rules for minor adoptions, requires written consent with specific content, authorizes withdrawal under defined circumstances, and allows limited court action if consent is withdrawn.
• Requires comprehensive pre-placement and post-placement investigations for minor adoptions, including letters of suitability, background checks (criminal, abuse/neglect, sex offender), medical/mental health history, home safety, references, and cost accounting; investigations must be conducted by the appropriate agency and filed within set timeframes.
• Defines de facto parent-child relationship for adult adoptions and creates a framework for adult adoptions (including guardian ad litem for incapacitated adults) with eligibility and consent standards, creating a legal parent-child bond.
• Tightens confidentiality and records management: adoption records are confidential and hearings closed; final judgments and birth-record changes are documented with restricted access and non-identifying information may be released under controlled conditions.
• Updates birth certificate procedures after final adoption judgments, including designation of adoptive parents, name changes, and sealed records when ordered, with the Office of Vital Statistics handling new birth certificates and sealed files.
• Addresses grandparent visitation within adoption contexts and clarifies their rights under existing sections, including conditions under which visitation may be granted, modified, or terminated.

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

Subjects

Family Law