Alabama § 26-10E-17 - Notice of Pendency of Adoption Proceeding.

§ 26-10E-17. Notice of Pendency of Adoption Proceeding.

(a) Unless notice has been previously waived as provided in subsection (d), notice of the pendency of an adoption proceeding shall be served by the petitioner on each of the following:

(1) Any individual, agency, or institution whose consent or relinquishment is required.

(2) The legal father of the adoptee.

(3) If no legal father has been determined, the unknown father.

(4) The putative father of the adoptee, if made known to the court, provided the putative father has complied with Section 26-10C-1.

(5) The legal custodian or guardian of the adoptee.

(6) The spouse of a petitioner who is a stepparent unless express consent is attached to the petition.

(7) A grandparent of the adoptee if the grandparent’s child is a deceased parent of the adoptee and, before his or her death, the deceased parent had not executed an express consent or relinquishment or the deceased parent’s parental relationship to the adoptee had not been otherwise terminated.

(8) Any person known to the petitioner or petitioners as currently having physical custody of the adoptee or having visitation rights with the adoptee under an existing court order.

(9) The agency or individual authorized to investigate the adoption under Section 26-10E-19.

(10) The State Department of Human Resources.

(11) If the adoptee is in foster care, the director of the county department of human resources awarded legal custody of the adoptee.

(12) Any other person designated by the court.

(b) The notice shall contain all of the following information:

(1) That a petition for adoption of the adoptee has been filed in the probate court.

(2) That a notified party shall file a written response within 30 days from the time of proper service of the notice stating if he or she intends to contest or support the adoption.

(3) That if the notified party is a party from whom consent is required and he or she fails to file a written response within 30 days of proper service, the court may construe that failure as an implied consent to the adoption and as a waiver of a right to appear and of further notice of the adoption proceedings.

(4) That if the notified party is a party from whom consent is not required and he or she fails to file a written response within 30 days of proper service, the court may construe that failure as a waiver of the right to appear and of further notice of the adoption proceedings.

(5) That if the adoption is approved, the parental rights of the notified party, if any, will be considered terminated.

(c)(1) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure.

(2) If service cannot be perfected in accordance with the Alabama Rules of Civil Procedure, the court may order, in its discretion, an alternative method of notice.

(d) The notice required by this section may be waived in writing by the person entitled to receive notice. A party listed in subdivisions (a)(9), (a)(10), and (a)(11) may appoint an employee to waive notice on its behalf.

(e) Proof of service of the notice on all persons for whom notice is required by this section shall be filed with the court before the hearing of a contested case provided for in Section 26-10E-23.