Code of Alabama
Chapter 10A - Alabama Adoption Code.
Section 26-10A-14 - Withdrawal of Consent or Relinquishment.

(a) The consent or relinquishment, once signed or confirmed, may not be withdrawn except:
(1) As provided in Section 26-10A-13; or
(2) At any time until the final decree upon a showing that the consent or relinquishment was obtained by fraud, duress, mistake, or undue influence on the part of a petitioner or his or her agent or the agency to whom or for whose benefit it was given. After one year from the date of final decree of adoption is entered, a consent or relinquishment may not be challenged on any ground, except in cases where the adoptee has been kidnapped.
(3) Upon dismissal of the adoption after a contested hearing as provided in Section 26-10A-24.
(b) The withdrawal of consent or relinquishment as provided in Section 26-10A-13(a) shall be effected by the affiant signing and dating the withdrawal form provided pursuant to Section 26-10A-12(c) or other written withdrawal of consent containing the information set forth in Section 26-10A-12(c), and by delivering the withdrawal to the court or having the withdrawal postmarked within five days of the child's birth or of signing the consent or relinquishment, whichever comes last.
(c) The petition to withdraw consent or relinquishment must be in writing, signed by the person seeking to withdraw the consent or relinquishment, dated, and signed by two witnesses.
(d) In adjudicating a petition to withdraw a consent or relinquishment, the person seeking to withdraw the consent or relinquishment shall establish the facts necessary to withdraw the consent or relinquishment by a preponderance of the evidence. The court shall not apply any presumption or preference in favor of the natural parents in reviewing an action brought under this section.
(e) If the court directs that the consent or relinquishment be withdrawn, the court shall order the minor restored to the custody of his or her parent or parents, the Department of Human Resources or a licensed child placing agency; otherwise, the court shall deny the withdrawal and declare that the consent or relinquishment is final and binding. Any order made by the court upon a petition to withdraw consent or relinquishment under this section shall be deemed a final order for the purpose of filing an appeal under Section 26-10A-26.

Structure Code of Alabama

Code of Alabama

Title 26 - Infants and Incompetents.

Chapter 10A - Alabama Adoption Code.

Section 26-10A-1 - Short Title.

Section 26-10A-2 - Definitions.

Section 26-10A-3 - Jurisdiction.

Section 26-10A-4 - Venue.

Section 26-10A-5 - Who May Adopt.

Section 26-10A-6 - Who May Be Adopted.

Section 26-10A-7 - Persons Whose Consents or Relinquishment Are Required.

Section 26-10A-8 - Consent or Relinquishment by a Minor Parent.

Section 26-10A-9 - Implied Consent or Relinquishment.

Section 26-10A-10 - Persons Whose Consents or Relinquishments Are Not Required.

Section 26-10A-11 - Consent or Relinquishment.

Section 26-10A-12 - Persons Who May Take Consent or Relinquishments; Forms.

Section 26-10A-13 - Time of Consent or Relinquishment; Filing With Court.

Section 26-10A-14 - Withdrawal of Consent or Relinquishment.

Section 26-10A-15 - Surrender of Custody of Minor Under Age of Majority.

Section 26-10A-16 - Petition.

Section 26-10A-17 - Notice of Petition.

Section 26-10A-18 - Custody Pending Final Decree.

Section 26-10A-19 - Investigation.

Section 26-10A-20 - Removal of Adoptee From County.

Section 26-10A-21 - Related Proceedings.

Section 26-10A-22 - Attorney Participation and Appointment of Attorney for the Adoptee or Other Party.

Section 26-10A-23 - Fees and Charges.

Section 26-10A-24 - Contested Hearing.

Section 26-10A-25 - Final Decree; Dispositional Hearing.

Section 26-10A-26 - Appeals.

Section 26-10A-27 - Stepparent Adoptions.

Section 26-10A-28 - Adoption by Other Relatives.

Section 26-10A-29 - Name and Status of Adoptee.

Section 26-10A-30 - Grandparent Visitation.

Section 26-10A-31 - Confidentiality of Records, Hearing; Parties.

Section 26-10A-32 - Birth Certificates.

Section 26-10A-33 - Crime to Place Children for Adoption.

Section 26-10A-34 - Payments to Parent for Placing Minor for Adoption; Maternity Expenses; Receipt of Financial Benefits by Father.

Section 26-10A-35 - Bringing Child Into State for Adoption Purposes.

Section 26-10A-36 - Advertisement as to Adoption by Persons, Organizations, etc., Not Licensed by Department of Human Resources.

Section 26-10A-37 - Rules of Procedure and Rules of Evidence.

Section 26-10A-38 - Application to Existing Adoptions.