Can I adopt my stepchild if I'm currently pregnant in Alabama?

Yes, if you are legally married to your stepchild's parent, you can pursue a stepparent adoption in Alabama while you are pregnant. The requirements for Alabama stepparent adoption focus on your marriage, the needed consents, and the court process. None of the requirements we work from mention pregnancy. If you want to confirm how a due date might affect scheduling in your county, the Probate Court clerk can tell you.

What stays the same while you're expecting:

• Marriage: Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process.
• Court: You file a petition in the Probate Court in your county. Alabama has 67 counties, and each court's local procedures can differ a little.
• Residency: There is no minimum residency period for stepparent adoption (Ala. Code § 26-10E-5(e)(3)). You do need to be a bona fide Alabama resident.
• Consent: A child who is 14 or older must consent to the adoption (Ala. Code § 26-10E-7(a)(1)). You will also need your spouse's consent and either the consent of the other legal parent or grounds for implied consent.
• Abandonment: If the other parent has abandoned the child, Alabama's abandonment period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether your situation meets that standard depends on your facts. For a contested case or an unknown parent, ask the clerk or an attorney about your specific circumstances.
• Home study: Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)). Plan for it in your timeline.

Planning around your due date:

Stepparent adoptions in Alabama typically take 3-6 months. If you would like the adoption finished around the time your baby arrives, starting early gives you the most flexibility. How a court handles a hearing date near a due date is not something we can promise. The Probate Court clerk in your county can tell you how far out hearings are being scheduled and whether anything can be adjusted for a late-pregnancy or newborn period.