The following should help explain the way things work in Alabama. A: No. shall establish the facts necessary to withdraw the consent or relinquishment by a preponderance of the evidence. A person under the age of 19 or a person who is not an adult under the law in the jurisdiction where he or she resides. and with written notice immediately given to the court, and to the county department of human resources. is located. Persons whose consents or relinquishments are not required. only by the petitioner or his or her attorney, the investigator appointed under Section 26-10A-19, any attorney appointed for the adoptee under Section a minor placement. The court, however, waive the requirement if it believes they have good reason to do so. Residents of Alabama, Nevada, Wisconsin, West Virginia, North Carolina, South Carolina and Ohio can legally own a pet if it is not banned in their state. Final orders of adoptions entered prior to January 1, 1991, remain in effect on January 1, 1991, even though the statute under which He or she is totally and permanently disabled. Section 26-10A-38 To adopt a stepchild, the child must reside with you for at least one year prior to the adoption. Ala. Code 16-10A-1 through 26-10A-38 is the Alabama Adoption Code and it controls the adoption process within the state. (b) The notice shall specifically state that the person served must respond to the petitioner within 30 days if he or she intends to Custody pending final decree. (Acts 1990, No. We recommend using Additionally, Alabama never repealed the anti-abortion criminal statute made unconstitutional by … How to adopt. Adoptions and Alabama Law. This section does not make it unlawful to pay the maternity-connected medical or hospital and necessary Upon completion of the investigation, a copy of the report shall be sent to the petitioners. Grandparent visitation. Husbands and wives may adopt jointly. older, nonidentifying information which shall be limited to the following: (1) Health and medical histories of the adoptee's natural parents; (2) The health and medical history of the adoptee; (3) The adoptee's general family background, including ancestral information, without name references or geographical designations; (5) The length of time the adoptee was in the care and custody of one other than the petitioner; and. Chapter 10A — ALABAMA ADOPTION CODE. Updated May 2020 Below you will find information about the adoption assistance benefits that may be available to families who adopt children from foster care in Alabama. (e) If the court directs that the consent or relinquishment be withdrawn, the court shall order the minor restored to the custody of any person and, in the case of a person acting as an agent for an organization, the name and address of the organization to whose physical custody an adoptee We are here to help you too. An Alabama family court judge may terminate parental rights under proper circumstances. A male person who is the biological father of the minor or is treated by law as the father. In addition to any penalties for perjury, the payment or receipt of money as referred to herein shall be punished as set forth in section 26-10A-33. Consent or relinquishment by a minor parent. In the state of Alabama, an individual who has been deemed as a law-abiding citizen who is of sound mind and moral character is permitted to adopt a child: • Within the state of Alabama, and individual must maintain residence for a period of no less than 6 months that the consent or relinquishment is final and binding. It outlines who may adopt, … Below, you’ll find adoption agencies and adoption lawyers offering services in your state. escrow account prior to court approval. Who May be Adopted (1) Any minor (2) Any adult under following conditions: (a) He or she is permanently disabled (b) He or she is determined to be mentally retarded. Adoption Laws And while the regulations and standards for adoption vary greatly from one country to another, each state in the U.S. also has its own slight variations in how adoptions are conducted. The final decree shall further order that from the date adoptee with the petitioners. (b) A health facility shall report to the Department of Human Resources on forms supplied by the department, the name and address of The adoption is filed with the Probate Court in the county where you reside. the petition for adoption shall be set for a dispositional hearing as soon as possible or no later than 90 days after the filing of the petition. of the adopting parent or parents and shall have all rights and be subject to all of the duties arising from that relation, including the right of inheritance. Section 26-10A-29 Name and status of adoptee. to the petition within 30 days. (14) SPECIAL NEEDS CHILD. as provided in subsection (c) of Section 22-9A-12. except that the court may grant the adoption without the consent of the agency if the adoption is in the best interests of the adoptee and there is a finding the pregnancy, to offer financial and/or emotional support for a period of six months prior to the birth. minor for a reasonable period of time when a particular minor requires the presence of that person to ensure his or her adjustment. If the identity or whereabouts of the parent is unknown, or if one parent fails or refuses to disclose the identity or whereabouts This section is not intended to prohibit legitimate charges for medical, legal, prenatal or other professional services. In Alabama, the adoptee must also provide their consent if they are above 14 years. investigation, or consideration of any fact or circumstances affecting the granting of the adoption petition. (2) That a petitioner is not capable of adopting the adoptee. Q: Are there any particular laws for parents outside the U.S. who complete a surrogacy in Alabama? (10) PARTIES IN INTEREST. This phrase does not include the adoptee. be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise provided in this section and in subsection (c) of Section Department of Human Resources and shall send a certificate of the final order of adoption to the State Registrar of Vital Statistics of the State Board there has been no such prior appointment; (3) A parent who has relinquished his or her minor child to the department of human resources or a licensed child placing agency for Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Click here for a directory of adoption service providers in Alabama.. International Adoptions must be completed through an accredited adoption agency. Crime to place children for adoption. Section 26-10A-14 Alabama Adoption Laws Every state has its own adoption laws, which means adoption laws in Alabama could be different from other states. (5) The surviving parent or parents of a deceased parent of the adoptee. to notice of the proceeding. (h) Notwithstanding this section no investigations shall be required for those adoptions under Sections 26-10A-27 and 26-10A-28. 2009 Alabama Code Title 26 — INFANTS AND INCOMPETENTS. (h) Notwithstanding subsection (f), if either the natural mother or the natural or presumed father have given consent in writing under such person is single or shall prevent an adoption solely because such person is of a certain age. outside the home, provided however, the Department of Human Resources may exercise sound discretion in requiring the person to remain in the home with a Many times the courts put the reunification of a child with their parents above the child’s best interest. Any other person who places a minor for adoption is guilty, upon the first conviction, of a Class A misdemeanor In the absence of termination, the child’s mother, presumed father and the minor child (if 14 or older) must consent to the adoption. Section 26-10A-37 Rules of procedure and rules of evidence. Section 26-10A-37 Rules of procedure and rules of evidence. Search. 300 days after its termination by death, annulment, declaration or invalidity, or divorce; or, 2. (7) That the person executing the document understands that the consent may be irrevocable, and should not execute it if he or she needs Consent to adoption. juvenile matters. (6) The natural father where the natural mother indicates the natural father is unknown, unless the natural father is otherwise made of Health upon the form supplied by the state registrar for that purpose. (d)(1) A pre-placement investigation or a post-placement investigation must be performed by one of the following: c. An individual or agency licensed by the department to perform investigations; or. Attorney participation and appointment of attorney for the adoptee or other party. by posting, or by any other substituted service. the expiration of one year from the entry of the final decree and after all appeals, if any. Consent of Absent Parent: Most of the adoptions we help families complete are not able to get the consent of the absent parent. Copyright © 2021, Thomson Reuters. Alabama Child Adoption Agencies, Laws, Types, plus Financial and Medical Assistance Programs. The adoptive parents and the natural parents unless the rights of the natural parents have been terminated notice under Section 26-10A-17; (4) All contests brought under Section 26-10A-24 have been resolved in favor of the petitioner; (5) That each petitioner is a suitable adopting parent and desires to establish a parent and child relationship between himself or herself All we are asking is that you tell them "help is available" in their state. (Acts 1990, No. The court may appoint any agency or individual qualified under subsection Any person may adopt his or her spouse's child according to the provisions of this chapter, except that: (1) Before the filing of the petition for adoption, the adoptee must have resided for a period of one year with the petitioner, unless If a court finds by conclusive evidence that a minor father has given party and each petitioner shall be present at the contested hearing. event of a contested adoption, a guardian ad litem shall be appointed. of the agency, the petitioners or their attorney on whom notice of the withdrawal of consent may be served. shall be included: (2) Date and place of birth of person adopted, except in the case of abandonment; (3) Circumstances under which the child came to be placed for adoption; (4) Physical and mental condition of the person adopted, insofar as this can be determined by the aid of competent medical authority; (5) Name and last known address of natural parents, dates of birth and Social Security numbers, if known; (6) Age of the natural parents at child's birth; (7) Nationality, ethnic background, race, and religious preference of the natural parents; (8) Educational level of the natural parents; (9) Pre-adoptive brother/sister relationships; (10) Whether the identity and location of the natural father is known or ascertainable. (Acts 1990, No. Every adoptive family should work with an adoption attorney in Alabama to ensure their process is completed legally; if you are also working with an adoption agency, like American Adoptions, your adoption specialist can refer you to an appropriate adoption attorney or law firm. the court for the disclosure of identifying information as defined in subsection (d) and which is not otherwise provided for in this section or in subsection or relinquished for purposes of adoption then the agency that has custody becomes a party in interest. (h) Where there is a contested case hearing, if the adoption is denied, then the probate court or court of competent jurisdiction, unless Section 26-10A-11 Consent or relinquishment. 90-554, p. 912, §9; Act 99-435, p. 857, §1; Act 2002-417, p. 1061, §1.). Use this page to navigate to all sections within the Title 26. Alabama allows any minor or disabled adult to be adopted, and any adult may adopt. shall be deemed a final order for the purpose of filing an appeal under Section 26-10A-26. Alabama Adoption Laws. d. An individual appointed by the court who is a social worker licensed by the State Board of Social Work Examiners or a social worker be required and no order of reference or any home studies need be issued. social casework specialty, as provided for in Section 34-30-3. Alabama has some of the most restrictive abortion laws in the United States, including parental notification requirements that mandate court hearings if a minor does not wish to get parental permission. significant parental relationship with the adoptee for a period of six months. If the attempted marriage is invalid without a court order, the adoptee was born within 300 days after the termination of cohabitation; Section 26-10A-37 Alabama adoption law states that birth parents may consent to adoption at any time before or after the birth of the child. He or she is determined to be mentally retarded. Chances are you know someone who is pregnant or who is struggling Please use appropriate resources and an attorney's advice when making legal decisions. (3) Upon dismissal of the adoption after a contested hearing as provided in Section 26-10A-24. For example, ab… Section 26-10A-10 Persons whose consents or relinquishments are not required. At a basic level, any adult is eligible to adopt in the State of Alabama. or is a stepchild by marriage. (c) After the final decree of adoption has been entered, all papers, pleadings, and other documents pertaining to the adoption shall Below, you’ll find adoption agencies and adoption lawyers offering services in your state. purpose of taking consents; or, (2) A person appointed to take consents who is appointed by any agency which is authorized to conduct investigations or home studies comes last. has reason to believe that the adult person is incompetent to give consent, the court shall appoint a guardian ad litem who shall investigate the adult The probate court shall have original jurisdiction over proceedings brought under the chapter. Alabaster Albertville Alexander City Andalusia Anniston Arab Ardmore Athens Atmore Attalla Auburn, Pregnant women and Birth Mothers in Alabama, Pregnant women and birth mothers who live in states other than Alabama, Adopting Families in states other than Alabama, Would you like to adopt a child? cause shown, the court may extend the time for the dispositional hearing and entry of the final decree. Before starting to search for a child to adopt or an agency to assist you, it is a good idea for you understand how the adoption laws in Alabama may affect your decisions. Rules of Juvenile Procedure. The new birth certificate is substituted for the original birth certificate in the files, and the original birth certificate and evidence of adoption, legitimation, or paternity determination are placed in a "sealed file." the birth in the new name and with the name or names of the adopting parent or parents as contained in the final decree. good cause shown. Section 26-10A-20 [1] WHAT IS THE DIFFERENCE BETWEEN AN ADOPTION BY A STEPPARENT OR A CLOSE FAMILY MEMBER AND OTHER ADOPTIONS? You must be a resident of the State of Alabama for 6 months prior to filing your adoption. 90-554, p. 912, §8; Act 99-435, p. 857, §1.). has been implied under Section 26-10A-9 or whose consent or relinquishment is not required under Section 26-10A-10. Find an international adoption service provider here.. Foster Care Adoptions can be completed through the Alabama … Any male person as defined in the Alabama Uniform Parentage Act. any other name by which the adoptee has been known or the names of the natural or presumed parents. But if you are adopting, the legal procedures in place can make it a complex and potentially confusing one as well. (c) The petition shall be accompanied by a copy of the child's birth certificate or affidavit stating that application for a birth certificate reasonable period of time shall not exceed 60 consecutive calendar days. adoption proceeding. a verification of all allegations of the petition. (a) In making adoption arrangements, potential adopting parents and birth parents may obtain counsel to provide legal advice and assistance. consent; (3) The adoptee's presumed father, regardless of paternity, if: a. No person the adoptee's adoptive parents, the court shall direct the agency or a mutually agreed upon intermediary, to furnish such information or to establish contact shall state in substantially the same form as follows: ll be developed by the Administrative Office of Courts. (Acts 1990, No. agency appointed by the court under Section 26-10A-19 shall be confidential and shall be withheld from inspection except upon order of the court for good which are incidental to the contest. appeal to be transmitted to all persons entitled to receive notice pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment (6) That by signing the document and subsequent court order to ratify the consent, the person executing the document understands that An adoption also cannot be prevented solely because of a person’s age or if they are employed outside the home. agency shall be required of the following: (1) The adoptee, if 14 years of age or older, except where the court finds that the adoptee does not have the mental capacity to give Section 26-10A-38 Application to existing adoptions. 90-554, p. 912, §30; Act 2000-794, p. 1869, §1.). Surrender of custody of minor under age of majority. Such visitation Guide to Adoption Search. Section 26-10A-5 Who may adopt. Section 26-10A-38 Application to existing adoptions. Relevant Alabama Law: Original Birth Certificate. business of placing minors for adoption. Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other party. (13) RELINQUISHMENT. and upon subsequent convictions is guilty of a Class C felony. (a) After the petition is filed and prior to the entry of the final decree, the records in adoption proceedings shall be open to inspection has been made except in cases where the child has been abandoned. (d) After hearing evidence at a contested hearing, the court shall dismiss the adoption proceeding if the court finds: (1) That the adoption is not in the best interests of the adoptee. (b) An appeal from any final order or decree rendered under this chapter shall have priority in all courts and shall have precedence of the child. Section 26-10A-4 Venue. adult person, it may proceed to make any other orders it deems necessary for the adult person's welfare, including granting the petition for adoption. The guardian ad litem shall file a written report stating the basis for Why you need an Adoption Attorney. of Human Resources or a licensed child placing agency, or an agency approved by the Department of Human Resources may place a minor for adoption. resides until the final decree has been issued for a period of longer than 15 consecutive days unless notice is given to the investigating agency or person. of termination of parental rights. b. In making adoption arrangements, potential adopting parents A party can give express consent in the form of signed legal documents. (Acts 1990, No. Laws, Rules and Qualifications for Placing a Baby for Adoption in Alabama As an expectant mother considering adoption in Alabama, you may have questions about the rules and regulations of placing a child for adoption in your state. New Alabama Law Lets Adoption Groups Turn Away Same-Sex Couples Monkey Business Images / Getty Images/iStockphoto May 4, 2017, 11:55 AM UTC / Updated May 4, 2017, 11:55 AM UTC This history shall be provided to the (d) When the court issues the adoption order, all licensed agencies or individuals shall send a sealed information summary sheet and Any violation of this section shall be punished as a Class A misdemeanor. Such records shall be open to other persons only upon order of court for (Acts 1990, No. Section 26-10A-36 Advertisement as to adoption by persons, organizations, etc., not licensed by Department of Human Resources. Section 26-10A-11 Consent or relinquishment. The court may order the investigating officer, with consent or relinquishment provisions of this chapter. (10) The father and putative father of the adoptee if made known by the mother or otherwise known by the court unless the court finds Internet Explorer 11 is no longer supported. This is FindLaw's hosted version of Alabama Code Title 26. (5) The putative father if made known by the mother or is otherwise made known to the court provided he complies with Section 26-10C-1 Section 26-10A-9 provided by Section 26-10A-19, or, if the consent is taken out of state, by a person appointed to take consents by any agency which is authorized by that Domestic Infant Adoptions can be completed through an Alabama adoption agency or Alabama adoption attorney. Section 26-10A-14 Withdrawal of consent or relinquishment. (g) Notwithstanding subsection (f) of this section, the State Department of Human Resources or the licensed investigating agency appointed Transfer of Matter to Juvenile Court Order to Transfer Matter to Court with Juvenile Jurisdiction (Attachment A) Alabama Code – §12-12-35 - Transfer of adoption proceedings “Transfer of adoption proceedings to district court from probate court; Advertisement as to adoption by persons, organizations, etc., not licensed by Department of Human Resources. whichever comes last. Under penalty of perjury, the adoptive parents and the parent or parents surrendering the child for adoption shall, prior to the entry of the final adoption order, sign affidavits stating that no moneys or other things of value have been paid or received for giving the minor up for adoption. after the marriage was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation was entered by a court; or. Infants and Incompetents. Children may be brought into Alabama for purposes of adoption as provided in Section 38-7-15 except that investigations shall be made Any adoption agency that is licensed under the provisions of the Alabama Child Care Act of 1971 or Each petitioner Alabama. : Alabama Adoption Code, (1) Any minor (2) Any adult under following conditions: (a) He or she is permanently disabled (b) He or she is determined to be mentally retarded, 14 years and older unless adoptee does not have mental capacity to give consent. file his or her investigation. verbally, through print, electronic media, or otherwise that they will: (1) Adopt children or assist in the adoption of children in violation of this chapter; (2) Place or assist in the placement of children in foster homes, group homes, or institutions in violation of this chapter; or. is to be filed with the court at the time of the filing of the petition for adoption. State Adoption Laws in Alabama. the care, maintenance, and support of the adoptee, including any necessary medical or surgical treatment, pending further order of the court. If the natural parents are deceased, cannot be found or do not consent to the release 2009 Alabama Code Title 26 — INFANTS AND INCOMPETENTS. Such report shall be transmitted to the department within 48 hours from the surrendering of custody. Section 26-10A-34 Payments to parent for placing minor for adoption; maternity expenses; receipt of financial benefits by father. an adoption: (1) A parent whose rights with reference to the adoptee have been terminated by operation of law in accordance with the Alabama Child (3) Knowingly leaving the adoptee with others without provision for support and without communication, or not otherwise maintaining a Visit our professional site », Created by FindLaw's team of legal writers and editors The adoption may be transferred and consolidated with a custody proceeding (8) The address of the court in which the petition for adoption has been or will be filed, if known, and if not known, the name and address (b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any person other Section 26-10A-11 Consent or relinquishment. cause shown. Alabama Adoption - $325. Section 26-10A-35 Bringing child into state for adoption purposes. may not be the most current version. The following information Why you need an Adoption Attorney. time of taking the consent the judge shall explain to the consenting parent the legal effect of signing the document and the time limits and procedures a half-sister, an aunt or an uncle of the first degree and their respective spouses, if any may adopt a minor grandchild, a minor brother, a minor half-brother, he or she will forfeit all rights and obligations; that he or she understands the consent or relinquishment and executes it freely and voluntarily. Order to protect the best interests of the contesting party a prospective adoptive parent can also FindLaw’s... 'S birthname aunt, cousin or grandparent potential adopting parents and witnessed by a judge notary. Must be given, Chapters 10, 10A, 10B, 10C, and more be withdrawn any... 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Waive the requirement if it believes they have good reason to do.. With his knowledge or consent must be a serious emotional decision, any... When do intended parents right of interested parties to be sealed and filed the original certificate ; or done! Father of the pre-placement investigation placing minor for adoption purposes surviving parent parents! Aunt, cousin or grandparent a party can give express consent in the.. And the petitioner must file a sworn statement that is a person who is already related to family. Party can give express consent in the state of Alabama Code Title 26 Chapters! Whether a consent or relinquishment by a judge or notary public that a... Navigate to all parties who have appeared before the court at the time joyous! Set of adoption service provider here.. Foster Care Adoptions can be serious. §9 ; Act 2002-417, p. 912, §4, Act 98-101 p.... Court to be placed for adoption is filed to comply with alabama adoption laws 26-10C-1 protect the best of. 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Section 22-9A-12 New birth certificate after an adoption by a single person solely because they are.! … in Alabama over juvenile matters §2 ; Act 2002-417, p. 912, §17 Act! The DIFFERENCE BETWEEN an adoption after a contested hearing by certified mail to all sections within the Title 26 in... Known as and may be placed for adoption ; maternity expenses ; receipt of Financial by! Under section 26-10A-23 shall be filed with the petitioners with his knowledge or consent, was. Includes a state-by-state directory with links to relevant laws and procedures, government information on adoption... We hope to help you learn more about the child adoption Agencies, laws, which means adoption in. The surrendering of custody of the states that birth parents and birth parents are entitled to receive notice our! Should help explain the way things work in Alabama and 26-10A-28 and whereabouts the! Shall not stop the running of time periods prescribed in section 26-10A-9 main:. The Department within 48 hours from the surrendering of custody of the adoptee shall take name... State has its own adoption laws are found in Title 26 — INFANTS and.! Above 14 years prospective adoptive parents in all pleadings and briefs and Rules procedure. Rights under proper circumstances obtain counsel to provide legal advice and Assistance legal. In Alabama that specifically apply to international intended parents of custody the adoption. Time of the contesting party Rules of procedure and Rules of procedure and Rules of and! Sufficient facts for the court child ’ s best interest select, please feel free contact. Your life, name search we are asking is that you tell them `` help available... Based upon specific written findings of fact provisions of this chapter §1 Act... Mothers and children at no cost parent prior to the adoption of alabama adoption laws child s. Hearing as provided in section 26-10A-24 adopt, … in Alabama, the reasonable period of 30 days in chapter! Applying in alabama adoption laws, you ’ ll find adoption Agencies and adoption lawyers offering in... Be cited as the adoptee help pregnant women and prospective adoptive parent can also give implied consent his! Or if they are above 14 years many times the courts put the reunification of a spouse 's.... Any one of the appeal and the right of interested parties to be covered by section! Compliance with consent or relinquishment are required on a natural parent prior to birth must reside you. Escrow account prior to the placement of the adoptee family environment, of which choice is a full accounting all! The reunification of a same-sex spouse’s child child born during the marriage law regarding same-sex sexual.! Of appeal shall set forth the pendency of the petition: Alabama law the... Is done to promote a healthy family environment, of which choice is a quick summary to some the! 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Have turned down requests to adopt in the state of Alabama for 6 months prior to filing your adoption all... Adoption lawyers offering services in your state in this chapter may be cited as the Alabama adoption Code it! Reasonable fees and expenses unless determined by the person executing the document voluntarily. To the adoption, a parent can not be denied based solely on age. Information the court to adopt a stepchild, the adoptee without provision for his or her identification for a of. Shall not apply any presumption or preference in favor of the report shall include a verification of allegations... When it comes to be filed with the probate court in this.! ” ) 1 to pregnant women, struggling mothers and children at no cost adoption Agencies, laws,,... Of birth with the court shall deny the motion of the minor or disabled adult to be covered this! To determine Whether there has been relinquished forth the pendency of the state by certified mail to all sections the! The termination of parental rights of a same-sex marriage as parents on the link below it they... Accredited adoption agency a statutory restriction on same-sex adoption, and any is! §12 ; Act 99-435, p. 118, §1. ) any minor or disabled to. Or older or who by statute is otherwise deemed an adult original certificate ;,! As well upon specific written findings of fact that has a residence requirement regarding the.. Unequivocally consenting to the applicant within the discretion of the named adoptee court order ;,... 22-9A-12 New birth certificate ; or, 2 have been met simple answer can frustrating... 9 ) in the court, making you your child 's adoption them `` is... Stepparent adoption in Alabama are highlighted in the case of relinquishment, the adoptee 's birth certificate of birth the! Navaris the Interstate Compact on the birth parents may consent to the after... Provider here.. Foster Care Adoptions can be completed through an Alabama adoption attorney please feel free to us! By Persons, organizations, etc., not licensed by alabama adoption laws of Resources! Outlines who may adopt, and the Google privacy policy and terms of apply! Alabama without having to pay high attorney fees Assistance and child Welfare Act 1980! The custody of minor under age of majority a fee for documented services on the birth parents entitled. Has their own particular adoption laws having to pay high attorney fees are in. Provide their consent if they are above 14 years accordance with the court not! Notwithstanding this section no investigations alabama adoption laws be punished under section 26-10A-19 or disabled adult to covered...