HB 263 Summary

• Amends Alabama Code Section 30-3-4.2 to allow courts to grant visitation rights to biological grandparents of adopted children if the court finds by clear and convincing evidence that preserving the relationship is in the child's best interest and harm would befall the child without visitation.

• Terminates grandparent visitation rights upon adoption, except when visitation is authorized under Section 26-10A-30 or when a biological grandparent meets the enhanced standard requiring proof that the relationship preservation is necessary to prevent harm to the adoptee.

• Establishes that grandparents must prove by clear and convincing evidence: (1) a significant and viable relationship with the child, and (2) visitation is in the child's best interest, subject to a rebuttable presumption favoring fit parents' decisions to limit visitation.

• Requires courts to give special weight to fit parents' fundamental right to decide their child's associations while balancing this against the state's parens patriae interest and harm to the child from losing prior grandparent relationships.

• Takes effect on the first day of the third month following passage and approval by the Governor.