Can I adopt my special needs stepchild in Alabama?

Yes, if you are legally married to your stepchild's parent, Alabama allows you to adopt your stepchild through the stepparent adoption process. The Alabama information we work from does not list a separate track or extra rules for children with special needs, so if your child's disability raises a particular question, the Probate Court clerk in your county can confirm how it is handled.

The basics for a minor child:

• Court: You file in the Probate Court in your Alabama county.
• Residency: Alabama sets no minimum residency period for the petitioner (Ala. Code § 26-10E-5(e)(3)). You do need to be an adult and a bona fide Alabama resident.
• Child's consent: A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)). If your child's disability affects their ability to understand or give consent, how the court handles that depends on the facts, so ask the clerk or an attorney.
• Other parent: You need either the other legal parent's consent or grounds for implied consent. Abandonment is one such ground, and Alabama's abandonment period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). If the other parent contests, or you do not know where they are, talk to an attorney or the clerk about your situation.
• Home study: A home study is not waived in Alabama (Ala. Code § 26-10E-26(2)).
• Timeline: Stepparent adoptions typically take 3-6 months.

If your stepchild is now an adult: Alabama has a separate adult adoption process that may fit, because it has eligibility paths that relate to disability. An adult can be adopted if they have a total and permanent disability or have been found to be an incapacitated person. A stepchild or former stepchild by marriage can also qualify with their written consent. "Adult" means 19 or older.

• Consent: If the adult is legally competent, only their own sworn, written consent is required. If they have been found incompetent or incapacitated, the sworn written consents of their legal guardian or conservator and of a court-appointed guardian ad litem are required. Their biological parents' consent is not required, but notice of the case must be served on them and on others, unless notice is waived in writing.
• Hearing: A hearing is required, and you and the adoptee must appear in person unless the court allows an electronic appearance for good cause.
• Home study: None is required unless the court orders one.
• Timeline: Adult adoptions typically take 2-4 weeks.