The revocation period for adoption in Alabama is a period where a parent can withdraw their express consent for adoption. Alabama Code § 26-10E-13 gives parents five business days to revoke adoption consent for any reason. The five days are measured from the child’s birth or when the consent is executed, whichever is later.
Understanding the Revocation Period in Adoption
The adoption revocation period in Alabama is a time when a parent can change their mind about placing their child for adoption.
- The revocation period is five business days. In many cases, that means more than five calendar days.
- For the revocation period to apply, the parent must have formally executed express consent. Orally stating consent or intention doesn’t count.
- The five days are measured from when the child is born or when the parent executes consent. If the parent executes consent days or weeks after birth, or if the child is older, the date of execution is when the revocation period begins.
- Withdrawing consent takes more than just saying so. An official revocation must be signed, dated, and notarized.
- The law in Alabama recently changed. The 5-14 day window for revocation by proving the best interests of the child no longer exists. The one-year period still exists. The law change was effective January 1, 2024.
- After one year, the court will revoke consent only for fraud or kidnapping.
Is revocation always effective?
It depends on when the parent executes the revocation. A parent may withdraw their consent for any reason within five business days of giving it. After five days, the parent who executed the consent must prove that the consent was improper because of fraud, mistake, coercion, or something similar. For revocation to be effective, it must be done correctly.
New Adoption Revocation Period in Alabama
The adoption revocation period in Alabama recently changed. From January 1, 2024, there are only two revocation periods – five days and one year. Within five days, the parent revoking consent doesn’t have to give a reason. After five days, the parent must show, by a preponderance of the evidence, that the consent was improperly obtained.
Under the old law, there was another withdrawal period of 5-14 days. During this time, the validity of revocation included an inquiry into the child’s best interests. The court was allowed to consider which placement could provide the child with a better upbringing. This led to emotional and deeply personal court proceedings. This period no longer exists. After five days, the inquiry is only whether consent was improperly obtained.
How can a parent prove revocation of consent after five days in Alabama?
To prove revocation of consent after five days in Alabama, a parent must show fraud, duress, mistake, or undue influence. Possible examples are a parent being told they were signing something else, like a medical consent, if a parent is promised items of value, or if they are coerced with negative consequences.
After one year, it is very hard for a parent to succeed in revoking adoption consent.
What is an express consent vs. an implied consent?
The revocation period for Alabama adoptions is for express consent. That’s different than implied consent. A parent executes express consent. They sign and date a piece of paper. By contrast, implied consent is when a person has not consented or objected. Their agreement to allow the adoption to proceed is implied.
Express consent is the type of consent that can be revoked. (Ala. Code § 26-10E-14).
Steps to Revoke Adoption Consent in Alabama
- Execute the revocation in writing – saying it out loud doesn’t count
- Sign the revocation
- Date it
- Have two witnesses sign it
- Notarization
They must complete the revocation by the deadline.
Can the Revocation Period Be Waived or Overridden?
The adoption judge must follow the law, so in that respect, the revocation period may not be waived or overridden. However, a parent seeking revocation may meet the additional requirements that apply in later periods.
Consequences of Revoking Adoption Consent
If adoption consent is revoked, the court directs the child to be returned to the parent. If the child is removed from parental care, the child must be returned to the care of the Department of Human Resources or a child-placing agency.
Contact an Experienced Alabama Adoption Lawyer
Consent is an important part of the adoption process. Both birth parents and adoptive families need to understand the process. At Gulf Coast Adoptions, we know that adoption is a deeply personal journey. To talk about your adoption journey, call or message us now.