Can both my spouse and I adopt each other's children from prior relationships in Alabama?

Yes, in Alabama you and your spouse can each adopt the other's child. Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process, so a spouse can do this for a child from a prior relationship. This is often called a mutual or cross-adoption. Cases are filed in the Probate Court of the county where you live.

What each adoption involves:

• Consent: Alabama requires consent forms from the people whose consent is needed, or grounds for implied consent. Your spouse must also consent to the adoption (Ala. Code § 26-10E-7(a)(1) covers consent by a child).
• Child's consent: A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)).
• Other biological parent: If a parent will not sign, consent may be implied on certain grounds. One is abandonment, which Alabama measures at 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Notice can be given by personal service, or by publication if the parent's location is unknown.
• Residency: Alabama has no minimum residency period (Ala. Code § 26-10E-5(e)(3)).
• Home study: A home study is not waived in Alabama (Ala. Code § 26-10E-26(2)). Expect the DHR pre-placement investigation to be part of the process.

Questions to confirm with the clerk: Alabama law on whether a couple adopting each other's children can combine the cases in one filing, or must file separately for each child, should be confirmed with the Probate Court clerk in your county. The same goes for how the court schedules the hearings. If the other parent of either child is contested, cannot be found, or has not consented, the facts of that situation matter. Ask the clerk or an attorney about that specific issue.