Can a step-grandparent adopt a grandchild in Alabama?

Alabama's stepparent adoption process is built for someone legally married to the child's parent, so whether a step-grandparent can adopt a grandchild depends on your exact family situation, and you should confirm it with the Probate Court clerk in your county or an attorney before you file.

Who the stepparent process covers: Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process. If you are married to the grandchild's parent, you are the child's stepparent and this process applies to you. If you are married to the child's grandparent, the Alabama information we rely on does not say whether that relationship fits, so the clerk or an attorney should answer that for you.

Where you file: Adoption petitions go to the Probate Court. Alabama has 67 counties, and you file in the county Probate Court that handles your case. The clerk can tell you which county applies to your family.

What a minor-child adoption involves:

• Residency: Alabama sets no minimum residency period (Ala. Code § 26-10E-5(e)(3)).
• Child's consent: A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)).
• Paperwork: The filing includes the petition, consent forms or grounds for implied consent, and your spouse's consent to the adoption.
• Absent parent: A four-month abandonment period is one ground for implied consent (Ala. Code § 26-10E-9(a)(1), (a)(4)). If a parent's location is unknown, service by publication is allowed. If a parent objects, that is a question for an attorney.
• Home study: It is not waived. Expect a DHR pre-placement investigation (Ala. Code § 26-10E-26(2)).
• Age gap: A petitioner generally must be at least 10 years older than the child. That rule does not apply to a stepparent or relative filing under the stepparent and relative provisions, or if the Probate Court finds on the record that the adoption is in the child's best interests (Ala. Code § 26-10E-5(e)). Ask the clerk how it applies to a step-grandparent.

If your grandchild is an adult: Alabama permits adult adoption. An adult is 19 or older. The adult may be adopted if he or she consents in writing and is a relative of the petitioner in any degree, or is a stepchild or former stepchild by marriage. Only the adult's sworn written consent is required if the adult is legally competent, and the biological parents' consent is not required, though they must receive notice unless they waive it in writing. A home study is not required unless the court orders one. A hearing is required, and you and the adult must both appear. The typical timeline is 2-4 weeks.

Time and cost: A stepparent adoption of a minor typically takes 3-6 months. The court filing fee range is $200-$350, and the total typically comes to under $1,000, compared with $3,000-$5,000+ for an attorney.

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