Can a stepmother adopt her husband's child in Alabama?

Yes, a stepmother can adopt her husband's child in Alabama. Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process, so being the child's stepmother by marriage is the starting point. The case is filed in the Probate Court.

What you'll need to have in place:

• Legal marriage: You must be legally married to the child's father. Each petitioner must also be an adult (19 or older under Ala. Code § 26-10E-2) and a bona fide Alabama resident.
• Residency: Alabama sets no minimum residency period for the stepparent adoption filing (Ala. Code § 26-10E-5(e)(3)).
• Your husband's consent: A spouse's consent to the adoption is part of the filing.
• The other parent's consent: The child's biological mother must either sign a consent or there must be grounds for implied consent. One example is abandonment, which Alabama sets at 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether your situation meets that standard depends on the facts, so ask the Probate Court clerk or an attorney about your specific case.
• The child's consent: If the child is 14 or older, the child's consent is required (Ala. Code § 26-10E-7(a)(1)).
• Notice to the other parent: Alabama allows personal service, or service by publication if the parent's location is unknown.
• Home study: Alabama does not waive the home study for stepparents (Ala. Code § 26-10E-26(2)). Expect a DHR pre-placement investigation as part of the process.

If the mother is unknown, unreachable or opposes the adoption: These situations depend heavily on the facts. For that specific issue, talk to the Probate Court clerk in your county or to an adoption attorney before you file.

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

Cost: Court filing fees generally run $200-$350, and the typical total is under $1,000 when you prepare and file the paperwork yourself. Hiring an attorney for the whole process commonly costs $3,000-$5,000 or more.

After the adoption: Once the court finalizes it, you become the child's legal mother.