Text of AL SB 57 (2005)

Page 0 SB57 1 69481-1 2 By Senator Erwin 3 RFD: Judiciary 4 First Read: 01-FEB-05 5 PFD: 01/12/2005 6 Page 1 69481-1:n:09/15/2004:DA/agb LRS2004-3320 1 2 3 4 5 6 7 SYNOPSIS: Under existing law, the sexual orientation 8 of an adult person is not considered in a petition 9 to the court to adopt a minor. 10 This bill would prohibit the adoption of a 11 minor by an adult person who is a homosexual. 12 13 A BILL 14 TO BE ENTITLED 15 AN ACT 16 17 To amend Section 26-10A-5 of the Code of Alabama 18 1975, relating to who may adopt; to prohibit the adoption of a 19 minor by an adult person who is a homosexual. 20 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: 21 Section 1. Section 26-10A-5 of the Code of Alabama 22 1975, is amended to read as follows: 23 "§26-10A-5. 24 "(a) Any adult person or husband and wife jointly 25 who are adults may petition the court to adopt a minor. 26 Page 2 "(1) No rule or regulation of the Department of 1 Human Resources shall prevent an adoption by a person solely 2 because the person is employed outside the home, provided 3 however, the Department of Human Resources may exercise sound 4 discretion in requiring the person to remain in the home with 5 a minor for a reasonable period of time when a particular 6 minor requires the presence of that person to ensure his or 7 her adjustment. Provided, however, the reasonable period of 8 time shall not exceed 60 consecutive calendar days. 9 "(2) No rule or regulation of the Department of 10 Human Resources or any agency shall prevent an adoption by a 11 single person solely because such person is single or shall 12 prevent an adoption solely because such person is of a certain 13 age. 14 "(3) Provided however, in cases, where one who 15 purports to be the biological father marries the biological 16 mother, on petition of the parties, the court shall order 17 paternity tests to determine the true biological father. If 18 the court determines by substantial evidence that the 19 biological father is the man married to the biological mother, 20 then the biological father shall be allowed to adopt the child 21 without the consent of the man who was married to the 22 biological mother at the time of the conception or birth of 23 the child, or both, when the court finds the adoption to be in 24 the best interest of the child. 25 "(4) No adult person may adopt a minor if the adult 26 person is a homosexual. 27 Page 3 "(b) Any adult may petition the court to adopt 1 another adult as provided in this chapter." 2 Section 2. This act shall become effective on the 3 first day of the third month following its passage and 4 approval by the Governor, or its otherwise becoming law. 5