Alabama Attorney General Opinion 1979-0145

74- oo # Lae 1..11.1.s clown ATT011144, 1111141.1110 M. 6410.1114. It tileCLITIVII ASV CHARLES A. GRAM:NCR ATTORNEY GENERAL STATE OF ALABAMA • OFFICE OF THE ATTORNEY GENERAL w T 414114 ASSISTANT JAM41fta411 ADMIN. Ivs An APR 1 1 1979 ADMINISTRATIVZ 114111.111114 14 MONTH 1141010 ST44144 1.001144.014.44. ALABAMA 1411111 ANSA 'MI. 4144144 Honorable John W. Jones, Jr. Judge of Probate Probate Court of Dallas County Selma, Alabama 36701 Probate Judges - Public Records - Adoption. Adopting parents and natural parents are "parties in interest" who may see probate records in adoption proceedings. Dear Judge Jones: Reference is made to your request for an opinion as to who are those persons referred to as "parties in interest" in Code of Alabama 1975, Section 26-10-5(a) concerning adoption proceedings. Section 26-10-5(a) reads: "(a) The petition and all orders in adoption proceedings shall be recorded -in a book kept for that purpose and properly indexed. Such book shall be a part of the permanent records of the court in which such proceedings are had and all reports and affidavits shall be properly filed. The files and records of the court in adoption proceedings shall not be open to inspection or copy by persons other than the parties in interest and their attorneys and repre- sentatives of the state department of Honorable John W. Jones, Jr. Judge of Probate Page Two pensions and security, except upon an order of the court expressly permitting the same." • - There are no Alabama cases definitely construing the term "parties in interest" in the adoption statute. However, in Williams v. Pope, 281 Ala. 416, 203 So. 2d 271, 278 (1967) the Supreme Court cited Code of Alabama 1940, Recompiled 1958, Title 27, Sections 4 and 5 (now Code of Alabama 1975, Sections 26-10-4 and 26-10-5) and said "All the litigants in an adopting proceeding are entitled to know all the evidence that is coma sidered by a court in arriving at a judicial determination." The "litigants" were the natural mother of the child and the prospective adoptive parents. The child was the subiect matter of the adoptive proceeding. It should be noted that the natural parents would not be parties in interest in adoption proceeding if their parental rights have been previously terminated by a court of competent jurisdiction, Code of Alabama 1975, Section 26-10-3. The State or other person standing in the place of the natural parents would then become * party in interest. If the adopted child were to be considered to be a party in interest in the adoption proceeding there would be a con- flict between Code of Alabama 1975, Section 26-10-5(a) and Sections 26-10-4 and 38-7-13, which allow the adopted child to inspect the records of his adoption and information concerning his placement upon obtaining the age of majority or upon order of the court. Therefore, those persons considered to be "parties in interest° ih Code of Alabama 1975, Section 26-10-5(a) and entitled to inspect the records of the court in adoption proceedings are the adopting parents and the natural parents or those standing in the place of the natural parents. Honorable John W. Jones, Jr. Judge of Probate Page Three If our office can be of further assistance, please do not hesitate to call on us. Sincerely, CHARLES A. GRADDICK Attorney General By „ 0, " .44141;0 41K/ LYNDA P. KNIGHT Assistant Attorney General LFK;mj