Montgomery Adoption Lawyers
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Adoption Lawyers in Montgomery County
Although the adoption process requires significant time and effort from the adopting parents, the county Probate Court provides a clear list of steps and necessary documentation for a Montgomery adoption lawyer to complete the process. Under Alabama law, adoption is the legal procedure through which a minor or adult is recognized by law as being the son or daughter of the adopting adult(s) and as having all the rights and duties of such relationship, including the right of inheritance. The adoptee takes the name designated by the petitioner(s) in the filings of their Montgomery adoption attorney.
Alabama requires that all persons petitioning for adoption be at least nineteen years old. However, the Alabama Adoption Code dictates that neither the marital status nor age of the person adopting shall be a discriminatory factor. If you call our Montgomery adoption lawyers, we can help explain the adoption process in Shelby County or Montgomery County, Alabama.
Both minors and adults can be adopted in the Montgomery County Probate Court as long as your adoption lawyer in Montgomery files everything correctly. A minor is defined as any person under the age of nineteen years of age. An adult can be adopted in Montgomery County if he or she is totally and permanently disabled, determined to be mentally handicapped, or if he or she consents to be adopted and is related in any degree of kinship or is a stepchild. If the adopting adult is a stepparent or a close family member, there are fewer requirements and costs related to the process. You should consult with a Montgomery divorce lawyer or family law firm to gain help with this more specific adoption inquiry.
According to the Alabama Adoption Code, the potential parents can expect some or all of following steps to be involved in the adoption process:
- Complete pre-placement investigation
- Obtain all necessary consents and/or relinquishments concerning the adoption
- Appoint guardian ad litem when either the natural parent of the adoptee is a minor or in the event of a contested hearing
- Petition Probate Court for the authority to pay fees or expenses
- Placement of child with petitioner
- File petition for adoption within thirty days after placement
- Serve notice from all parties entitled to notice of the adoption
- Post placement investigation
- Affidavits of non-payment
- Accounting of disbursements
The pre-placement examination is provided to determine the suitability of the adult petitioning for adoption through their Montgomery adoption lawyer and to ensure the home in which the adoptee will live is both safe and healthy. In addition to gathering other relevant information to the adoption, the court will conduct a background check on the adopting parent(s).
Montgomery Adoption Attorneys
Garnering consent of multiple different parties is the next necessary step for our Montgomery adoption lawyers to continue the adoption procedure. If the adoptee is fourteen years older and is mentally capable, his or her consent is required. The other parties whose consent is required if applicable are as following: the adoptee’s mother, the adoptee’s presumed father, the agency who holds custody and responsibility of the adoptee, the putative father, and any others required by law.
However, the Montgomery County court must nominate a guardian ad litem to represent the adoptee’s interests before consent can be given. This person helps guarantee the welfare and choice of the adoptee is guarded. Consent for adoption can be given at any time, but if a mother is giving birth to a child she is giving up for adoption, she must give pre-birth consent before a Probate Judge. All other forms of consent must be signed, filed by a local Montgomery adoption lawyer, and confirmed before a judge or court official. Consent can be withdrawn five days after the birth of the adoptee or after the signing of the consent.
Once the child is placed in the home of the adopting parents, the adult(s) have only thirty days to have their Montgomery adoption lawyer file an adoption petition in Montgomery County, Alabama. This petition can be filed in one of three places: where the minor resides; where the petitioner resides or is in military service; or where the office of the agency or institution having guardianship or custody of the minor is located. Once the adoption petition has been filed by our Montgomery adoption lawyer, a post-placement investigation will occur to re-examine the suitability of the adoption based on the relevant information of the adoption.
Following this investigation, the court will issue a final decree on the adoption and will confirm the expenses paid during the adoption process fall within the legally allowed parameters of the Alabama Adoption Code. Whether you need an adoption attorney in Elmore County or anywhere else in Central Alabama we can help. Call our Montgomery adoption lawyers today for a quick phone or video consultation to go over the process of filing for adoption in Montgomery County, Alabama.