Code of Alabama
Ala. Code § 26-10A-16 (2026)
Petition.
✓ official Alabama Legislature (ALISON) text, current July 2026
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §16.)
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1996–2023 · leading case: O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013).
O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013). “In her cross-appeal, the biological mother contends that the circuit court should have vacated the adoption judgment on the basis that the probate court lacked subject-matter jurisdiction because the adoption petition was not verified as required by § 26-10A-16, Ala.Code 1975. I…”
O.S. v. E.S., 205 So. 3d 1233 (Ala. 2014). “Citing Ala.Code 1975, § 26-10A-16(a) (requiring that an adoption petition be ‘signed, and verified by each petitioner’), the wife argued that, in addition to the ground of fraud on the court, the circuit court could set aside the adoption judgment on the ground that the judgment…”
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001). “filed their petition for adoption, pursuant to the requirements of § 26-10A-16. The Autauga County probate judge, pursuant to § 26-10A-18, issued an interlocutory order giving R.”
K.H.M. v. D.l.i., Jr., 895 So. 2d 950 (Ala. Civ. App. 2003). “They argue that under § 26-10A-16 and § 26-10A-7 consent of the natural father was implied under the facts of this case because the father abandoned the child.”
C.H.H. v. R.H., 696 So. 2d 1076 (Ala. Civ. App. 1996). “to support her argument is Ala.Code 1975, § 26-10A-16 and § 26-10A-25, found within the adoption statutes.”
K.L.R. v. K.G.S., 264 So. 3d 65 (Ala. Civ. App. 2018). “See § 26-10A-16, Ala. Code 1975. On the same day, the adoptive mother filed an emergency motion seeking an order from the probate court directing that the child be immediately placed in her custody.”
Chh v. Rh, 696 So. 2d 1076 (Ala. Civ. App. 1996). “contends that the trial court erred in holding that the adoption was void because, she argues, by virtue of the decedent's filing the petition for adoption, he clearly demonstrated an intent to establish a parent and child relationship.”
Scw v. Cb, 826 So. 2d 825 (Ala. Civ. App. 2001). “filed their petition for adoption, pursuant to the requirements of § 26-10A-16. The Autauga County probate judge, pursuant to § 26-10A-18, issued an interlocutory order giving R.”
Khm v. Dli, Jr., 895 So. 2d 950 (Ala. Civ. App. 2003). “They argue that under § 26-10A-16 and § 26-10A-7 consent of the natural father was implied under the facts of this case because the father abandoned the child.”
K.L.R. v. K.G.S., 264 So. 3d 65 (Ala. Civ. App. 2018). “See § 26-10A-16, Ala. Code 1975. On the same day, the adoptive mother filed an emergency motion seeking an order from the probate court directing that the child be immediately placed in her custody.”
D.F.H. v. E.R.S. (Ala. Civ. App. 2023). “Section 26-10A-16(a)(9), Ala. Code 1975, requires a party who is petitioning to adopt a child to include in the petition the name and address of a presumed father from whom consent is required.”
— Ala. Code § 26-10A-16(a) — 2 cases
O.S. v. E.S., 205 So. 3d 1233 (Ala. 2014). “Citing Ala.Code 1975, § 26-10A-16(a) (requiring that an adoption petition be ‘signed, and verified by each petitioner’), the wife argued that, in addition to the ground of fraud on the court, the circuit court could set aside the adoption judgment on the ground that the judgment…”
O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013). “In her cross-appeal, the biological mother contends that the circuit court should have vacated the adoption judgment on the basis that the probate court lacked subject-matter jurisdiction because the adoption petition was not verified as required by § 26-10A-16, Ala.Code 1975. I…”
— Ala. Code § 26-10A-16(a)(9) — 1 case
D.F.H. v. E.R.S. (Ala. Civ. App. 2023). “Section 26-10A-16(a)(9), Ala. Code 1975, requires a party who is petitioning to adopt a child to include in the petition the name and address of a presumed father from whom consent is required.”
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