Ala. Code
Code of Alabama

Ala. Code § 26-10A-21 (2026)

Related Proceedings.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.

(Acts 1990, No. 90-554, p. 912, §21; Act 99-435, p. 857, §1.)

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1999–2023 · leading case: E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008).
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E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008). · cites it 11× “They also moved the probate court, under § 26-10A-21, to stay the adoption proceeding because the child was the subject of related proceedings in the juvenile court.”
B.C. v. Cullman Cnty. Dep't of Human Resources, 169 So. 3d 1059 (Ala. Civ. App. 2015). · cites it 2× “2d at 1022 ; see also Ala. Code 1975, § 26-10A-21. This court has noted that the juvenile court is “concerned with a different issue than the probate court and that [their respective judgments] are separate judgments rendered on different facts under different law.”
K.M.D. v. T.N.B., 227 So. 3d 512 (Ala. Civ. App. 2017). · cites it 2× “See Ala. Code 1975, § 26-10A-21. T.N.B. (“the father”) filed a contest to the adoption on April 30, 2015.”
J.B. v. F.B., 929 So. 2d 1023 (Ala. Civ. App. 2005). · cites it 2× “In addition, a portion of the Alabama Adoption Code, § 26-10A-21, Ala.Code 1975, specifies: “If, at any time during the pendency of the adoption proceeding, it is determined that any other custody action concerning the adoptee is pending in the courts of this state or any other…”
J.L.L. v. Jefferson Cnty. Dep't of Human Resources, 127 So. 3d 433 (Ala. Civ. App. 2012). “Under the AAC, the proper procedure in a situation like the one presented here, where custody proceedings have commenced in another state, is set forth in § 26-10A-21, Ala. Code 1975, which provides that a juvenile court should stay adoption proceedings until a determination is…”
Ex parte R.W. & D.W., 41 So. 3d 800 (Ala. Civ. App. 2009). “Code 1975); § 26-10A-21, Ala.Code 1975 (granting probate courts discretion to stay pending adoption proceedings if "it is determined that any other custody action concerning the adoptee is pending in the courts of this state .”
D.B. v. M.A., 975 So. 2d 927 (Ala. Civ. App. 2006). “Indeed, § 26-10A-21, Ala.Code 1975, provides: “If, at any time during the pendency of the adoption proceeding, it is determined that any other custody action concerning the adoptee is pending in the courts of this state or any other state or country, any party to the adoption…”
Ex Parte AMP, 997 So. 2d 1008 (Ala. 2008). · cites it 11× “They also moved the probate court, under § 26-10A-21, to stay the adoption proceeding because the child was the subject of related proceedings in the juvenile court.”
R.C.O. v. J.R.Y., 759 So. 2d 559 (Ala. Civ. App. 1999). · cites it 6× “argued that the adoption proceeding should be stayed, pursuant to § 26-10A-21, Ala.Code 1975, because a custody proceeding was pending in the Madison Circuit Court.”
Ex Parte D.C.H. Petition for Writ of Mandamus, 385 So. 3d 37 (Ala. Civ. App. 2023). · cites it 11× “The husband argued that § 26-10A-21 is inapplicable here as it allows for a discretionary transfer from a probate court to a circuit court when a dispute is pending in another court involving the custody of a child, and, he argues, the circuit court in this case has before it an…”
I.B. v. T.N., 194 So. 3d 221 (Ala. Civ. App. 2015). · cites it 2× ““Second, § 26-10A-21[, Ala.Code 1975,] states: ‘“If, at any time during the pen-dency of the adoption proceeding, it is determined that any other custody action concerning the adoptee is pending in the courts of this state or any other state or country, any party to the adoption…”
Jb v. Fb, 929 So. 2d 1023 (Ala. Civ. App. 2005). · cites it 2× “In addition, a portion of the Alabama Adoption Code, § 26-10A-21, Ala.Code 1975, specifies: "If, at any time during the pendency of the adoption proceeding, it is determined that any other custody action concerning the adoptee is pending in the courts of this state or any other…”
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