Code of Alabama
Ala. Code § 26-10A-25 (2026)
Final Decree; Dispositional Hearing.
✓ 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THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.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, §25.)
Notes of Decisions
Cited in 39
cases (13 in the last 5 years), 1996–2025 · leading case: J.D.S. v. J.W.L., 204 So. 3d 386 (Ala. Civ. App. 2016).
J.D.S. v. J.W.L., 204 So. 3d 386 (Ala. Civ. App. 2016). “Finally, we note that under the AAC a probate court must find by ‘clear and convincing evidence’ that ‘[a]ll necessary consents’ to a proposed adoption ‘have been obtained.”
O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013). “As noted in the Comments to § 26-10A-25, “it is imperative that the adoptee be assured a secure and stable environment without an untimely and unfounded interruption.”
K.P. v. G.C., 870 So. 2d 751 (Ala. Civ. App. 2003). “The probate court also entered a judgment entitled “Final [Judgment] of Adoption” in which it determined that there was no need to conduct a dispositional hearing as provided for in § 26-10A-25, Ala.Code 1975; that January 13, 2003, judgment contained findings made in compliance…”
O.S. v. E.S., 205 So. 3d 1233 (Ala. 2014). “under §§ 26-10A-3 and -25(d), the Court of Civil Appeals stated: “A probate court’s authority to set aside an adoption on collateral attack is governed by Ala.Code 1975, § 26-10A-25(d), which provides that “ ‘[a] final decree of adoption may not be collaterally attacked, except…”
S.A. v. M.T.O., 143 So. 3d 799 (Ala. Civ. App. 2013). “” See Ala.Code 1975, § 26-10A-25(b)(2); accord K.”
L.B.S. v. L.M.S., 826 So. 2d 178 (Ala. Civ. App. 2002). “Code 1975, § 26-18-7 (requiring “clear and convincing evidence” for termination of parental rights); Ala.Code 1975, § 26-10A-25(b)(2) (requiring “clear and convincing evidence” of consent or relinquishment by natural parent as a prerequisite to adoption).”
G.M. v. T.W., 75 So. 3d 1181 (Ala. Civ. App. 2011). “Ala.Code 1975, § 26-10A-25. The finality of an adoption judgment under the present adoption code is in stark contrast to earlier adoption codes, which permitted either the child or the adopting parent or parents to petition to have the adoption annulled.”
J.B.M. v. J.C.M., 142 So. 3d 676 (Ala. Civ. App. 2013). “Pursuant to § 26-10A-25(d), Ala.Code 1975, "[a] final decree of adoption may not be collaterally attacked, except in cases of fraud or where the adoptee has been kidnapped, after the expiration of one year from the entry of the final decree and after all appeals, if any.”
E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008). “26-10A-13(c), concerning written consents, which states that “[a]ll consents or relinquishments required by this act shall be filed with the court in which the petition for adoption is pending before the final decree of adoption is entered,” and § 26-10A~24(a)(3), which provides…”
K.L.B. v. W.M.F., 864 So. 2d 333 (Ala. Civ. App. 2002). “” Ala. Code 1975, § 26-10A-25(b)(2). 3 Based on our review of the record, we do not believe that the father’s conduct in the months following his August 1997 disciplining of his daughter is clear and convincing evidence indicating the father’s consent to the adoption of his…”
S.P. v. J.R., 206 So. 3d 637 (Ala. Civ. App. 2016). “See § 26-10A-25(b)(2)[, Ala.Code 1975] (stating that a probate court shall grant a final decree of adoption if clear and convincing evidence establishes that consent has been obtained).”
A.M.B. v. R.B.B., 4 So. 3d 472 (Ala. 2008). “See Ala.Code 1975, § 26-10A-25. In November 2004, after the entry of the interlocutory judgment, A.”
Ala. Code § 26-10A-25(b): 4 cases
K.P. v. G.C., 870 So. 2d 751 (Ala. Civ. App. 2003). “The probate court also entered a judgment entitled “Final [Judgment] of Adoption” in which it determined that there was no need to conduct a dispositional hearing as provided for in § 26-10A-25, Ala.Code 1975; that January 13, 2003, judgment contained findings made in compliance…”
O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013). “As noted in the Comments to § 26-10A-25, “it is imperative that the adoptee be assured a secure and stable environment without an untimely and unfounded interruption.”
Alabama Dep't of Human Resources v. B.V., 59 So. 3d 700 (Ala. Civ. App. 2010).
Kp v. Gc, 870 So. 2d 751 (Ala. Civ. App. 2003).
Ala. Code § 26-10A-25(b)(1): 2 cases
K.P. v. G.C., 870 So. 2d 751 (Ala. Civ. App. 2003). “The probate court also entered a judgment entitled “Final [Judgment] of Adoption” in which it determined that there was no need to conduct a dispositional hearing as provided for in § 26-10A-25, Ala.Code 1975; that January 13, 2003, judgment contained findings made in compliance…”
Kp v. Gc, 870 So. 2d 751 (Ala. Civ. App. 2003).
Ala. Code § 26-10A-25(b)(2): 23 cases
J.D.S. v. J.W.L., 204 So. 3d 386 (Ala. Civ. App. 2016). “Finally, we note that under the AAC a probate court must find by ‘clear and convincing evidence’ that ‘[a]ll necessary consents’ to a proposed adoption ‘have been obtained.”
S.A. v. M.T.O., 143 So. 3d 799 (Ala. Civ. App. 2013). “” See Ala.Code 1975, § 26-10A-25(b)(2); accord K.”
L.B.S. v. L.M.S., 826 So. 2d 178 (Ala. Civ. App. 2002). “Code 1975, § 26-18-7 (requiring “clear and convincing evidence” for termination of parental rights); Ala.Code 1975, § 26-10A-25(b)(2) (requiring “clear and convincing evidence” of consent or relinquishment by natural parent as a prerequisite to adoption).”
E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008). “26-10A-13(c), concerning written consents, which states that “[a]ll consents or relinquishments required by this act shall be filed with the court in which the petition for adoption is pending before the final decree of adoption is entered,” and § 26-10A~24(a)(3), which provides…”
K.L.B. v. W.M.F., 864 So. 2d 333 (Ala. Civ. App. 2002). “” Ala. Code 1975, § 26-10A-25(b)(2). 3 Based on our review of the record, we do not believe that the father’s conduct in the months following his August 1997 disciplining of his daughter is clear and convincing evidence indicating the father’s consent to the adoption of his…”
Ala. Code § 26-10A-25(b)(3): 2 cases
K.P. v. G.C., 870 So. 2d 751 (Ala. Civ. App. 2003). “The probate court also entered a judgment entitled “Final [Judgment] of Adoption” in which it determined that there was no need to conduct a dispositional hearing as provided for in § 26-10A-25, Ala.Code 1975; that January 13, 2003, judgment contained findings made in compliance…”
Kp v. Gc, 870 So. 2d 751 (Ala. Civ. App. 2003).
Ala. Code § 26-10A-25(b)(4): 2 cases
K.P. v. G.C., 870 So. 2d 751 (Ala. Civ. App. 2003). “The probate court also entered a judgment entitled “Final [Judgment] of Adoption” in which it determined that there was no need to conduct a dispositional hearing as provided for in § 26-10A-25, Ala.Code 1975; that January 13, 2003, judgment contained findings made in compliance…”
Kp v. Gc, 870 So. 2d 751 (Ala. Civ. App. 2003).
Ala. Code § 26-10A-25(b)(5): 3 cases
K.P. v. G.C., 870 So. 2d 751 (Ala. Civ. App. 2003). “The probate court also entered a judgment entitled “Final [Judgment] of Adoption” in which it determined that there was no need to conduct a dispositional hearing as provided for in § 26-10A-25, Ala.Code 1975; that January 13, 2003, judgment contained findings made in compliance…”
Kp v. Gc, 870 So. 2d 751 (Ala. Civ. App. 2003).
In Re Matter of the Adoption of F.I.T., 43 So. 3d 621 (Ala. Civ. App. 2010).
Ala. Code § 26-10A-25(d): 7 cases
O.S. v. E.S., 205 So. 3d 1219 (Ala. Civ. App. 2013). “As noted in the Comments to § 26-10A-25, “it is imperative that the adoptee be assured a secure and stable environment without an untimely and unfounded interruption.”
O.S. v. E.S., 205 So. 3d 1233 (Ala. 2014). “under §§ 26-10A-3 and -25(d), the Court of Civil Appeals stated: “A probate court’s authority to set aside an adoption on collateral attack is governed by Ala.Code 1975, § 26-10A-25(d), which provides that “ ‘[a] final decree of adoption may not be collaterally attacked, except…”
J.B.M. v. J.C.M., 142 So. 3d 676 (Ala. Civ. App. 2013). “Pursuant to § 26-10A-25(d), Ala.Code 1975, "[a] final decree of adoption may not be collaterally attacked, except in cases of fraud or where the adoptee has been kidnapped, after the expiration of one year from the entry of the final decree and after all appeals, if any.”
G.D. & S.D. v. S.R.S. & R.H.S. (Appeal from Tallapoosa Juv. Court: JU-16-132.03). (Ala. Civ. App. 2025).
G.D. & S.D. v. S.R.S. & R.H.S. (Appeal from Tallapoosa Juv. Court: JU-16-132.02). (Ala. Civ. App. 2025).
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