(a) An express consent of the biological mother taken prior to the birth of an adoptee shall be signed or confirmed before a judge of probate. At the time of taking the express consent, the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures for withdrawal of the express consent and shall provide the consenting parent with two copies of the form for withdrawing the express consent in accordance with the requirements of Sections 26-10E-13 and 26-10E-14.
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Terms Used In Alabama Code 26-10E-12

  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
(b) Except as provided in subsection (a), all other pre-birth or post-birth express consents or relinquishments regarding the adoptee shall be signed or confirmed before any of the following:

(1) A judge or clerk of any court that has jurisdiction over adoption proceedings or a public officer appointed by the judge for the purpose of taking express consents.
(2) An individual appointed to take express consents who is appointed by any agency that is authorized to conduct investigations or home studies provided by Section 26-10E-19, or, if the express consent is taken out of state, by an individual appointed to take consents by any agency that is authorized by that state’s law to conduct investigations and home studies for adoptions.
(3) A notary public.
(c) The Administrative Office of Courts, in collaboration with the Alabama Law Institute, a division of the Legislative Services Agency, shall prepare the forms necessary to meet the requirements of this chapter.
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