(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except in one of the following circumstances:

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Terms Used In Alabama Code 26-10E-14

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: means next after. See Alabama Code 1-1-1
  • Fraud: Intentional deception resulting in injury to another.
  • writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
  • year: means a calendar year; but, whenever the word "year" is used in reference to any appropriations for the payment of money out of the treasury, it shall mean fiscal year. See Alabama Code 1-1-1
(1) As provided in Section 26-10E-13.
(2) When, at any time before entry of the final judgment of adoption, the court determines that the express consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of, or on behalf of, the petitioner; provided, however, that, after one year from the date of entry of the final judgment of adoption and after all appeals, if any, an express consent or relinquishment may not be challenged on any ground, except in cases of fraud or cases in which the adoptee has been kidnapped.
(3) Upon denial of a petition for adoption after a contested case under Section 26-10E-24.
(b) The withdrawal of express consent or relinquishment as provided in Section 26-10E-13(b) shall become effective by the affiant’s signing and dating the withdrawal form provided pursuant to Section 26-10E-12, or by filing the withdrawal form within five business days of the child’s birth or within five business days of signing the express consent or relinquishment, whichever comes last.
(c) The petition to withdraw express consent or relinquishment must be in writing, executed by the individual seeking to withdraw the express consent or relinquishment, dated, and signed by two witnesses or a notary public.
(d) In adjudicating a petition to withdraw an express consent or relinquishment, the court shall require that the individual seeking to withdraw the express consent or relinquishment shall establish the facts necessary to withdraw the express consent or relinquishment by a preponderance of the evidence.
(e) If the court directs that the express consent or relinquishment be withdrawn, the court shall order the child restored to the custody of his or her parent or parents, the county Department of Human Resources, or a licensed child placing agency, as the case may be; otherwise, the court shall deny the withdrawal and declare that the express consent or relinquishment is final and binding. Any order made by the court upon a petition to withdraw express consent or relinquishment under this section shall be deemed a final judgment for the purpose of filing an appeal under Section 26-10E-25.
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