Code of Alabama
Ala. Code § 26-10A-7 (2026)
Persons Whose Consents or Relinquishment Are Required.
✓ 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THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.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, §7; Act 98-101, p. 118, §1; Act 2002-417, p. 1061, §1.)
Notes of Decisions
Cited in 73
cases (11 in the last 5 years), 1991–2024 · leading case: Hays v. Hays, 946 So. 2d 867 (Ala. Civ. App. 2006).
Hays v. Hays, 946 So. 2d 867 (Ala. Civ. App. 2006). “Code 1975, and § 26-10A-7, Ala.Code 1975. Thereafter, a more direct examination of § 26-10A-11 and particularly § 26-10A-11(b), Ala.”
R.W.S. v. C.B.D., 244 So. 3d 987 (Ala. Civ. App. 2017). “Acts 2002; § 26-10A-7, Ala. Code 1976. Thus, Ex parte S.”
Ex parte J.W.B., 230 So. 3d 783 (Ala. 2016). “] is a presumed father [because] § 26-10A-7(aj(3), [Ala.Code 1975,] states: • “ ‘[Consent is required of 't]he adop-tee’s presumed father, regardless of paternity, if: ‘“a.”
J.D.S. v. J.W.L., 204 So. 3d 386 (Ala. Civ. App. 2016). “As the Comment to that statute, which was published in the Alabama Code along with the statute itself, states, ‘the persons listed in section 26-10A-7 have an absolute veto power over the proposed adoption.”
J.N.F. v. A.S., 866 So. 2d 582 (Ala. Civ. App. 2003). “2002-417, among other things, amended § 26-10A-7, Ala.Code 1975, which sets forth the persons whose relinquishment or consent to an adoption is required.”
S.C.W. v. C.B., 826 So. 2d 844 (Ala. 2001). “’ § 26-10A-7 (Commentary). “The foregoing statutes demonstrate that the Alabama Adoption Code gives a putative father the right to veto the adoption of his biological child when two circumstances are present: (1) the court is made aware of the identity of the putative father,…”
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001). “Judge Crawley also envisions that § 26-10A-7, which sets out the persons whose consent or relinquishment is needed for an adoption, establishes an alternate method of complying with the Putative Father Registry.”
S.A. v. M.T.O., 143 So. 3d 799 (Ala. Civ. App. 2013). “” The AAC provides that a consent required under § 26-10A-7 may be implied by, among other things, a parent’s “[k]nowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship…”
E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008). “When a consent or relinquishment is required, §§ 26-10A-11 and -12 prescribe the requirements necessary for an express, written consent or relinquishment (and provide a form therefor), while § 26-10A-9 sets out the acts or omissions by which a consent or relinquishment required…”
F.P. v. J.K.M., 857 So. 2d 125 (Ala. 2003). “Code 1975; that he did not consent to the adoption pursuant to § 26-10A-7, Ala.Code 1975; that he had not been declared unfit and his parental rights had not been terminated; and that he was willing and able to care for the minor child.”
Jb v. Jefferson Cnty. Dhr, 869 So. 2d 475 (Ala. Civ. App. 2003). “[6] We also find it instructive that in the area of adoption and "relinquishment for adoption to [DHR]," our Legislature has adopted a policy requiring biological fathers to claim paternity in a timely manner.”
T.C.M. v. W.L.K., 248 So. 3d 1 (Ala. Civ. App. 2017). “Code 1975, § 26-10C-1(i), and, thus, that his consent to the adoption was not required under Ala. Code 1975, § 26-10A-7(a)(5). The prospective adoptive parents rely on the general rule that adoption statutes require strict adherence to their requirements.”
— Ala. Code § 26-10A-7(3) — 1 case
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015).
— Ala. Code § 26-10A-7(4) — 3 cases
State Dep't of Human Resources v. R.C., 592 So. 2d 589 (Ala. 1991).
R.L.T. v. State Dep't of Human Resources, 668 So. 2d 862 (Ala. Civ. App. 1995).
Ex Parte RC, 592 So. 2d 589 (Ala. 1991).
— Ala. Code § 26-10A-7(5) — 9 cases
S.C.W. v. C.B., 826 So. 2d 825 (Ala. Civ. App. 2001). “Judge Crawley also envisions that § 26-10A-7, which sets out the persons whose consent or relinquishment is needed for an adoption, establishes an alternate method of complying with the Putative Father Registry.”
S.C.W. v. C.B., 826 So. 2d 844 (Ala. 2001). “’ § 26-10A-7 (Commentary). “The foregoing statutes demonstrate that the Alabama Adoption Code gives a putative father the right to veto the adoption of his biological child when two circumstances are present: (1) the court is made aware of the identity of the putative father,…”
M.V.S. v. V.M.D., 776 So. 2d 142 (Ala. Civ. App. 1999).
Scw v. Cb, 826 So. 2d 825 (Ala. Civ. App. 2001).
B.F. v. L.J., 771 So. 2d 1029 (Ala. Civ. App. 1999).
— Ala. Code § 26-10A-7(a) — 15 cases
Hays v. Hays, 946 So. 2d 867 (Ala. Civ. App. 2006). “Code 1975, and § 26-10A-7, Ala.Code 1975. Thereafter, a more direct examination of § 26-10A-11 and particularly § 26-10A-11(b), Ala.”
Jb v. Jefferson Cnty. Dhr, 869 So. 2d 475 (Ala. Civ. App. 2003). “[6] We also find it instructive that in the area of adoption and "relinquishment for adoption to [DHR]," our Legislature has adopted a policy requiring biological fathers to claim paternity in a timely manner.”
R.W.S. v. C.B.D., 244 So. 3d 987 (Ala. Civ. App. 2017). “Acts 2002; § 26-10A-7, Ala. Code 1976. Thus, Ex parte S.”
J.D.S. v. J.W.L., 204 So. 3d 386 (Ala. Civ. App. 2016). “As the Comment to that statute, which was published in the Alabama Code along with the statute itself, states, ‘the persons listed in section 26-10A-7 have an absolute veto power over the proposed adoption.”
I.B. v. T.N., 194 So. 3d 221 (Ala. Civ. App. 2015).
— Ala. Code § 26-10A-7(a)(1) — 1 case
Hays v. Hays, 946 So. 2d 867 (Ala. Civ. App. 2006). “Code 1975, and § 26-10A-7, Ala.Code 1975. Thereafter, a more direct examination of § 26-10A-11 and particularly § 26-10A-11(b), Ala.”
— Ala. Code § 26-10A-7(a)(2) — 15 cases
J.D.S. v. J.W.L., 204 So. 3d 386 (Ala. Civ. App. 2016). “As the Comment to that statute, which was published in the Alabama Code along with the statute itself, states, ‘the persons listed in section 26-10A-7 have an absolute veto power over the proposed adoption.”
S.A. v. M.T.O., 143 So. 3d 799 (Ala. Civ. App. 2013). “” The AAC provides that a consent required under § 26-10A-7 may be implied by, among other things, a parent’s “[k]nowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a significant parental relationship…”
Hays v. Hays, 946 So. 2d 867 (Ala. Civ. App. 2006). “Code 1975, and § 26-10A-7, Ala.Code 1975. Thereafter, a more direct examination of § 26-10A-11 and particularly § 26-10A-11(b), Ala.”
J.L.P. v. L.A.M., 41 So. 3d 770 (Ala. Civ. App. 2008).
I.B. v. T.N., 194 So. 3d 221 (Ala. Civ. App. 2015).
— Ala. Code § 26-10A-7(a)(3) — 10 cases
Ex parte J.W.B., 230 So. 3d 783 (Ala. 2016). “] is a presumed father [because] § 26-10A-7(aj(3), [Ala.Code 1975,] states: • “ ‘[Consent is required of 't]he adop-tee’s presumed father, regardless of paternity, if: ‘“a.”
D.W. v. J.W.B., 230 So. 3d 763 (Ala. Civ. App. 2015).
J.N.F. v. A.S., 866 So. 2d 582 (Ala. Civ. App. 2003). “2002-417, among other things, amended § 26-10A-7, Ala.Code 1975, which sets forth the persons whose relinquishment or consent to an adoption is required.”
A.D.S. v. S.J.L., 70 So. 3d 345 (Ala. Civ. App. 2010).
D.C.L. v. Marion Cnty. Dep't of Human Resources, 9 So. 3d 506 (Ala. Civ. App. 2008).
— Ala. Code § 26-10A-7(a)(3)(d) — 1 case
J.N.F. v. A.S., 866 So. 2d 582 (Ala. Civ. App. 2003). “2002-417, among other things, amended § 26-10A-7, Ala.Code 1975, which sets forth the persons whose relinquishment or consent to an adoption is required.”
— Ala. Code § 26-10A-7(a)(4) — 4 cases
E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008). “When a consent or relinquishment is required, §§ 26-10A-11 and -12 prescribe the requirements necessary for an express, written consent or relinquishment (and provide a form therefor), while § 26-10A-9 sets out the acts or omissions by which a consent or relinquishment required…”
K.P. v. G.C., 870 So. 2d 751 (Ala. Civ. App. 2003).
Kp v. Gc, 870 So. 2d 751 (Ala. Civ. App. 2003).
Ex Parte AMP, 997 So. 2d 1008 (Ala. 2008).
— Ala. Code § 26-10A-7(a)(5) — 21 cases
R.W.S. v. C.B.D., 244 So. 3d 987 (Ala. Civ. App. 2017). “Acts 2002; § 26-10A-7, Ala. Code 1976. Thus, Ex parte S.”
T.C.M. v. W.L.K., 248 So. 3d 1 (Ala. Civ. App. 2017). “Code 1975, § 26-10C-1(i), and, thus, that his consent to the adoption was not required under Ala. Code 1975, § 26-10A-7(a)(5). The prospective adoptive parents rely on the general rule that adoption statutes require strict adherence to their requirements.”
J.N.F. v. A.S., 866 So. 2d 582 (Ala. Civ. App. 2003). “2002-417, among other things, amended § 26-10A-7, Ala.Code 1975, which sets forth the persons whose relinquishment or consent to an adoption is required.”
Kdtj v. Madison Cnty. Dep't of Human Resources, 867 So. 2d 1136 (Ala. Civ. App. 2003).
E.W.H. v. A.M.P., 997 So. 2d 1008 (Ala. 2008). “When a consent or relinquishment is required, §§ 26-10A-11 and -12 prescribe the requirements necessary for an express, written consent or relinquishment (and provide a form therefor), while § 26-10A-9 sets out the acts or omissions by which a consent or relinquishment required…”
— Ala. Code § 26-10A-7(b) — 1 case
Hays v. Hays, 946 So. 2d 867 (Ala. Civ. App. 2006). “Code 1975, and § 26-10A-7, Ala.Code 1975. Thereafter, a more direct examination of § 26-10A-11 and particularly § 26-10A-11(b), Ala.”
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