Code of Alabama
Ala. Code § 12-15-318 (2026)
Service of Process.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) Except as otherwise provided by the Alabama Rules of Juvenile Procedure and this section, service of process of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure.
(b) If service of process has not been completed within 45 days of the filing of the termination of parental rights petition, the petitioner shall request service by publication.
(c) Service of process by publication may not be ordered by the juvenile court unless at least one of the following conditions is met:
(1) The child who is the subject of the proceedings was abandoned in the state, or
(2) The state or private department or agency having custody of the child has established, by evidence presented to the juvenile court, that the absent parent or parents are avoiding service of process or their whereabouts are unknown and cannot be ascertained with reasonable diligence.
(d) Service shall be made by publication in a newspaper of general circulation in the county of the juvenile court having jurisdiction and in the county of the last known address of the parent or parents of the abandoned child, at least once a week for four consecutive weeks.
(Acts 1984, No. 84-261, p. 442, §6; Act 97-851, p. 138, §1; §26-18-6; amended and renumbered by Act 2008-277, p. 441, §19; Act 2013-157, p. 297, §2.)
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 2010–2025 · leading case: D.M.T.J.W.D. v. Lee Cnty. Dep't of Human Resources, 109 So. 3d 1133 (Ala. Civ. App. 2012).
D.M.T.J.W.D. v. Lee Cnty. Dep't of Human Resources, 109 So. 3d 1133 (Ala. Civ. App. 2012). “The juvenile court agreed that DHR’s affidavit made only conclusory statements about the mother’s whereabouts being unknown to DHR and did not include any evidence establishing, or even a conclusory statement indicating, that the whereabouts of the mother could not be…”
L.K. v. Lee Cnty. Dep't of Human Resources, 64 So. 3d 1112 (Ala. Civ. App. 2010). “” Because § 12-15-318 regulates the procedure for service by publication in termination-of-parental-rights cases, the provisions of Rule 4.”
R.M. v. Elmore Cty. Dept. of Resources, 2091106 (ala.civ.app. 7-15-2011), 75 So. 3d 1195 (Ala. Civ. App. 2011). “…of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure.” Ala.Code 1975, § 12-15-318(a).”
C.M. v. Madison Cnty. Dep't of Human Resources, 133 So. 3d 890 (Ala. Civ. App. 2013). “Section § 12-15-318, Ala.Code 1975, rather than Rule 4.”
L.M. v. Jefferson Cnty. Dep't of Human Resources, 68 So. 3d 859 (Ala. Civ. App. 2011). “See Ala.Code 1975, § 12-15-318. We disagree. Although § 12-15-318 specifically provides for service of process of termination-of-parental-rights petitions in accordance with the Alabama Rules of Civil Procedure, the judgment in this case was entered as a part of an ongoing…”
C.C. v. L.J., 176 So. 3d 183 (Ala. Civ. App. 2013). “Taken together, the succeeding sections of the AJJA provide (a) for service of process by publication to be ordered in particular circumstances by the juvenile court (§ 12-15-318), (b) that termination of parental rights may be ordered by the juvenile court upon a proper showing…”
Ex parte L.J., 176 So. 3d 186 (Ala. 2014). “Taken together, the succeeding sections of the [2008] AJJA provide (a) for service of process by publication to be' ordered in particular circumstances by the juvenile court (§ 12-15-318), (b) that termination of parental rights may be ordered by the juvenile •court upon-a…”
J.B. v. Cullman Cnty. Dep't of Human Resources, 225 So. 3d 66 (Ala. Civ. App. 2016). “On June 14, 2016, the father filed his first responsive pleading—a motion to dismiss—in which he argued that the service on him was not in compliance with § 12-15-318, Ala. Code 1975, because, he asserted, the affidavit submitted by DHR had been insufficient to prove the…”
M.W. v. Montgomery Cnty. Dep't of Human Resources (Appeal from Montgomery Juv. Court: JU-21-334.02). (Ala. Civ. App. 2024). “After unsuccessfully attempting to serve the mother with the petition, DHR moved the juvenile court to allow service by publication, pursuant to Ala. Code 1975, § 12-15-318. The juvenile court granted the motion on October 17, 2023.”
T.F.H. v. A.L.S. (Ala. Civ. App. 2023). “Although Rule 4(i)(2) allows service by certified mail when the attorney or party filing the process and complaint initiates such service by certified mail, the Alabama Rules of Juvenile Procedure and § 12-15-318 impose restrictions on the methods of service in…”
Ex parte K.M. PETITION FOR WRIT OF MANDAMUS (In re: The matter of M.K.) (Colbert Juv. Court: JU-19-146.05). (Ala. Civ. App. 2025). “On July 23, 2025, the juvenile court entered an order directing the custodian to publish notice of service on the father in Colbert County and in the county of the father's last known address in Huntsville "at least once per week for four (4) consecutive weeks, in accordance…”
C.L.W. v. Madison Cnty. Dep't of Human Resources, 160 So. 3d 773 (Ala. Civ. App. 2014). “” The father is correct; however, effective April 25, 2013, subsection (c) of § 12-15-318 was amended by our legislature to allow proper service by publication when only one of the two conditions listed in the statute are met.”
— Ala. Code § 12-15-318(a) — 1 case
R.M. v. Elmore Cty. Dept. of Resources, 2091106 (ala.civ.app. 7-15-2011), 75 So. 3d 1195 (Ala. Civ. App. 2011). “…of termination of parental rights actions shall be made in accordance with the Alabama Rules of Civil Procedure.” Ala.Code 1975, § 12-15-318(a).”
— Ala. Code § 12-15-318(b) — 1 case
T.F.H. v. A.L.S. (Ala. Civ. App. 2023). “Although Rule 4(i)(2) allows service by certified mail when the attorney or party filing the process and complaint initiates such service by certified mail, the Alabama Rules of Juvenile Procedure and § 12-15-318 impose restrictions on the methods of service in…”
— Ala. Code § 12-15-318(c) — 5 cases
D.M.T.J.W.D. v. Lee Cnty. Dep't of Human Resources, 109 So. 3d 1133 (Ala. Civ. App. 2012). “The juvenile court agreed that DHR’s affidavit made only conclusory statements about the mother’s whereabouts being unknown to DHR and did not include any evidence establishing, or even a conclusory statement indicating, that the whereabouts of the mother could not be…”
L.K. v. Lee Cnty. Dep't of Human Resources, 64 So. 3d 1112 (Ala. Civ. App. 2010). “” Because § 12-15-318 regulates the procedure for service by publication in termination-of-parental-rights cases, the provisions of Rule 4.”
C.M. v. Madison Cnty. Dep't of Human Resources, 133 So. 3d 890 (Ala. Civ. App. 2013). “Section § 12-15-318, Ala.Code 1975, rather than Rule 4.”
C.L.W. v. Madison Cnty. Dep't of Human Resources, 160 So. 3d 773 (Ala. Civ. App. 2014). “” The father is correct; however, effective April 25, 2013, subsection (c) of § 12-15-318 was amended by our legislature to allow proper service by publication when only one of the two conditions listed in the statute are met.”
J.B. v. Cullman Cnty. Dep't of Human Resources, 225 So. 3d 66 (Ala. Civ. App. 2016). “On June 14, 2016, the father filed his first responsive pleading—a motion to dismiss—in which he argued that the service on him was not in compliance with § 12-15-318, Ala. Code 1975, because, he asserted, the affidavit submitted by DHR had been insufficient to prove the…”
— Ala. Code § 12-15-318(c)(2) — 4 cases
D.M.T.J.W.D. v. Lee Cnty. Dep't of Human Resources, 109 So. 3d 1133 (Ala. Civ. App. 2012). “The juvenile court agreed that DHR’s affidavit made only conclusory statements about the mother’s whereabouts being unknown to DHR and did not include any evidence establishing, or even a conclusory statement indicating, that the whereabouts of the mother could not be…”
C.M. v. Madison Cnty. Dep't of Human Resources, 133 So. 3d 890 (Ala. Civ. App. 2013). “Section § 12-15-318, Ala.Code 1975, rather than Rule 4.”
J.B. v. Cullman Cnty. Dep't of Human Resources, 225 So. 3d 66 (Ala. Civ. App. 2016). “On June 14, 2016, the father filed his first responsive pleading—a motion to dismiss—in which he argued that the service on him was not in compliance with § 12-15-318, Ala. Code 1975, because, he asserted, the affidavit submitted by DHR had been insufficient to prove the…”
Montgomery Cnty. Dep't of Human Res. v. O.W., 255 So. 3d 221 (Ala. Civ. App. 2017).
— Ala. Code § 12-15-318(d) — 4 cases
L.K. v. Lee Cnty. Dep't of Human Resources, 64 So. 3d 1112 (Ala. Civ. App. 2010). “” Because § 12-15-318 regulates the procedure for service by publication in termination-of-parental-rights cases, the provisions of Rule 4.”
D.M.T.J.W.D. v. Lee Cnty. Dep't of Human Resources, 109 So. 3d 1133 (Ala. Civ. App. 2012). “The juvenile court agreed that DHR’s affidavit made only conclusory statements about the mother’s whereabouts being unknown to DHR and did not include any evidence establishing, or even a conclusory statement indicating, that the whereabouts of the mother could not be…”
C.M. v. Madison Cnty. Dep't of Human Resources, 133 So. 3d 890 (Ala. Civ. App. 2013). “Section § 12-15-318, Ala.Code 1975, rather than Rule 4.”
Ex parte K.M. PETITION FOR WRIT OF MANDAMUS (In re: The matter of M.K.) (Colbert Juv. Court: JU-19-146.05). (Ala. Civ. App. 2025). “On July 23, 2025, the juvenile court entered an order directing the custodian to publish notice of service on the father in Colbert County and in the county of the father's last known address in Huntsville "at least once per week for four (4) consecutive weeks, in accordance…”
— Ala. Code § 12-15-318(e)(2) — 1 case
L.K. v. Lee Cnty. Dep't of Human Resources, 64 So. 3d 1112 (Ala. Civ. App. 2010). “” Because § 12-15-318 regulates the procedure for service by publication in termination-of-parental-rights cases, the provisions of Rule 4.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.