Can I adopt my stepchild if the bio parent only sends texts to my spouse but never contacts the child in Alabama?

Yes, if you are legally married to the child's parent, you can file a stepparent adoption petition in your county's Probate Court, but whether the other parent's lack of contact with your stepchild lets the case go forward without that parent's consent depends on the facts of your situation. Alabama law allows any legally married spouse to adopt their partner's child through the stepparent process.

The abandonment period: Alabama's abandonment provision, Ala. Code § 26-10E-9(a)(1), (a)(4), uses a 4-month period. Whether a parent who texts only your spouse, and never the child, fits that provision is a fact-specific question. Ask the Probate Court clerk in your county, or an attorney, how it applies to your circumstances.

Why the details matter: Your situation has a clear pattern: contact with your spouse, none with the child. When you prepare your paperwork, describe it accurately and specifically.

• When the bio parent last saw or spoke with the child
• What messages, if any, were ever directed to the child
• What the texts to your spouse were actually about
• Any gifts, support or other involvement you can document

Consent: An Alabama stepparent adoption petition package includes consent forms or the grounds for implied consent, and your spouse must also consent to the adoption. If your stepchild is 14 or older, the child's consent is required under Ala. Code § 26-10E-7(a)(1).

If the bio parent doesn't agree or can't be reached: Alabama allows personal service on the other parent, or service by publication if their location is unknown. If the bio parent contests the adoption, that becomes a more complicated case, and talking with an attorney about that specific issue is wise.

Home study: Alabama does not waive the home study in stepparent adoptions (Ala. Code § 26-10E-26(2)), so expect a DHR investigation as part of the process.

Residency: Alabama has no minimum residency period for this filing (Ala. Code § 26-10E-5(e)(3)).

Timeline and cost: A stepparent adoption in Alabama typically takes 3-6 months. Court filing fees run about $200-$350, and the total cost is typically under $1,000, compared with $3,000-$5,000+ for hiring an attorney to handle the whole case.

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 price is $349 for the first child and $99 for each additional child.