Can I adopt my stepchild if I'm in a same-sex marriage in Alabama?

Yes. In Alabama, any legally married spouse can adopt their partner's child through the stepparent adoption process, so being in a same-sex marriage does not keep you from adopting your stepchild. You file in the Probate Court in your county, and Alabama has 67 counties.

What the process looks like for you:

• Legal marriage: You need to be legally married to the child's parent.
• Petition and filing: You file a Petition for Adoption with the Probate Court, along with your spouse's consent to the adoption.
• Other parent: You need either consent forms or grounds for implied consent. One ground in Alabama is abandonment, with a 4-month period under Ala. Code § 26-10E-9(a)(1), (a)(4). If the other parent's location is unknown, Alabama allows service by publication. Otherwise, personal service is used.
• Residency: Alabama has no minimum length of residency for the stepparent petition (Ala. Code § 26-10E-5(e)(3)). You do need to be a bona fide Alabama resident.
• Child's consent: A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)).
• Home study: Alabama does not waive it for stepparent adoptions (Ala. Code § 26-10E-26(2)), so plan for it in your timeline.

Timeline and cost: Stepparent adoptions in Alabama typically take 3-6 months. Court filing fees generally run $200-$350, and the total cost is typically under $1,000. Hiring an attorney for the whole process commonly costs $3,000-$5,000+.

If your stepchild is already an adult: Alabama has a separate adult adoption law. A stepchild or former stepchild by marriage can be adopted if the adult consents in writing. In Alabama, an adult is someone 19 or older. Adult adoptions typically take 2-4 weeks. A dispositional hearing is required, and you and the adoptee must both appear.

Where your situation may need extra help: Some details depend on your family's facts, such as a biological parent who won't consent, a parent you can't locate, or a contested case. For those, the Probate Court clerk in your county can explain local filing practices, and an attorney can advise you on your specific situation.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Alabama county. You then file it yourself without an attorney. The cost is $349 for the first child, plus $99 for each additional child. You receive court-ready documents within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee.