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Alabama · Through Act 2026-611

Ala. Code § 26-10F-10: Acknowledgement of Consent; Withholding of Consent by Guardian Ad Litem.

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Where this section sits in the code
  1. Title 26 Infants and Incompetents.
  2. Chapter 10F Alabama Adult Adoption Code.

(a) All consents shall be acknowledged in open court, unless waived by the court for good cause shown.

(b) If a guardian ad litem has been appointed for the adult sought to be adopted, the following procedures apply:

(1) The guardian ad litem shall file with the court a written report stating the basis for the decision to give or withhold consent.

(2) The court shall hold a hearing to allow all parties to present evidence as to whether it would be in the best interest of the adult person to be adopted by the petitioner or petitioners.

(c) If the court determines upon clear and convincing evidence that the decision to withhold consent by the guardian ad litem is arbitrary and is not in the best interest of the incapacitated person, the court may proceed to make any other orders it deems necessary for the adult person’s welfare, including granting the petition for adoption.

Collected 2026-09-03T14:01:54Z. Source file · JSON

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