(a) An unmarried individual or a married couple may petition to adopt a minor.
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Terms Used In Alabama Code 26-10E-5

  • 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
  • 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) An unmarried couple may not adopt a minor.
(c) A group of more than two persons may not adopt a minor.
(d) If a petitioner is married, the petition for adoption shall be filed jointly by both spouses; provided, however, that when the minor is a stepchild of the party seeking to adopt, the petition shall be filed in the name of the stepparent alone.
(e) Each petitioner seeking to adopt a minor must be all of the following:

(1) An adult.
(2) At least 10 years older than the adoptee, unless either of the following are true:

a. The petitioner is a stepparent or relative and files for adoption pursuant to Sections 26-10E-27 or 26-10E-28.
b. The probate court finds, based on evidence in the record, that the adoption is in the best interests of the adoptee.
(3) A bona fide resident of this state at the filing of the petition for adoption or a bona fide resident of the receiving state when the adoptee was born in this state and was placed in compliance with Sections 38-7-15 and 44-2-20 relating to the Interstate Compact on the Placement of Children.
(f) No rule or regulation of any state department shall prevent an adoption by a petitioner solely because the petitioner is employed outside the home. The Department of Human Resources may require the petitioner to remain in the home with an adoptee for a reasonable period of time, not to exceed 60 calendar days, when the department determines that the adoptee requires the presence of the petitioner to ensure his or her adjustment.
(g) No rule or regulation of any state department shall prevent an adoption by an unmarried petitioner solely because the petitioner is unmarried. No rule or regulation of any state department shall prevent an adoption solely because the petitioner is of a certain age, except as provided in subsection (e).
(h) The Department of Human Resources shall provide by rule the process through which an individual seeking to participate in foster care or adoption may apply for an exemption from any vaccination requirement for religious or other appropriate reason for himself, herself, or any other individual in his or her household.
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