Are there any special requirements for adoption in Alabama?

Yes. In Alabama, a stepparent adoption goes through the Probate Court in your county, and a few requirements set it apart. Alabama has no minimum residency period, a child's consent is needed at age 14, and the home study is not waived for stepparents.

Who can adopt: Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process. Each petitioner must be an adult, which Alabama defines as 19 or older (Ala. Code § 26-10E-5(e)). The Probate Court clerk can confirm how age rules apply to your situation.

Residency: Alabama has no minimum residency period for this type of adoption (Ala. Code § 26-10E-5(e)(3)). The clerk in your county can confirm how residency is handled for your filing.

Consent requirements:

• Child's consent: A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)).
• Spouse's consent: Your spouse's consent to the adoption is part of the filing.
• Other parent: You will need either signed consent forms or grounds for implied consent. One ground involves abandonment, where the period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether your facts meet that standard is a question for the court clerk or an attorney.

Notice to the other parent: Alabama allows personal service, or service by publication if the other parent's location is unknown. Contested cases and unknown-parent situations depend heavily on the facts, so talk to the clerk or an attorney about those.

Home study: Alabama does not waive the home study for stepparents (Ala. Code § 26-10E-26(2)). The process includes a DHR pre-placement investigation, so plan for that step.

Timeline and cost:

• A stepparent adoption in Alabama typically takes 3-6 months.
• Court filing fees typically run $200-$350.
• Total cost is typically under $1,000 when you file without an attorney, compared with $3,000-$5,000+ for attorney-handled cases.

Where you file: Alabama has 67 counties, and you file in the Probate Court. Cities such as Birmingham, Huntsville, Mobile, Montgomery and Tuscaloosa each fall under their own county's court, and local forms and procedures can vary, so check with your clerk.

After the adoption: The Alabama Center for Health Statistics is the state's vital records agency. The clerk can tell you the steps for getting an updated birth certificate.

Adult adoption: If you are thinking about adopting an adult stepchild, Alabama's adult adoption law took effect January 1, 2024. It has its own eligibility rules, and a stepchild or former stepchild by marriage who consents in writing may qualify. The typical timeline is 2-4 weeks.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.