Can a non-citizen adopt a stepchild in Alabama?

Yes, a non-citizen may be able to adopt a stepchild in Alabama. The requirements we work from are about marriage, age, Alabama residency and consent, not citizenship. Because your immigration status is specific to you, please confirm how it applies with the Probate Court clerk in your county or with an attorney.

What Alabama's stepparent adoption process looks at:

• Marriage: Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process.
• Age: Each petitioner must be an adult, which in Alabama means 19 or older.
• Residency: You must be a bona fide Alabama resident, but there is no minimum length of residency for stepparent adoption (Ala. Code § 26-10E-5(e)(3)). Older versions of this answer mentioned a 6-month requirement, which is not part of Alabama's current rules.
• Court: The case is filed in the Probate Court. Alabama has 67 counties, and your filing goes to the one that applies to your family.

Consent and the other parent:

• A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)).
• Your spouse must consent to the adoption, and the other legal parent must either consent or the petition must show grounds for implied consent.
• Abandonment can be one of those grounds. Alabama's period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)).
• If the other parent's whereabouts are unknown, Alabama allows service by publication. If the other parent objects, the case depends on its facts, so talk to an attorney.

Home study: Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)). The process includes a DHR pre-placement investigation.

Where immigration status may matter: The Alabama information we work from does not say whether a particular visa type, pending application or lack of status changes anything in a stepparent adoption. It also does not say what extra paperwork the court might want if you have lived abroad. The Probate Court clerk can tell you what your county expects. If your status is uncertain, an immigration attorney can advise you on your situation. Adoption and immigration are separate legal areas, so it is worth getting answers on both before you file.

Timeline and cost: Stepparent adoptions in Alabama typically take 3-6 months.