Can I adopt my stepchild if we recently moved to Alabama?

Yes. Alabama has no minimum residency period before you can file, so having just moved does not by itself stop you from adopting your stepchild. The residency provision is Ala. Code § 26-10E-5(e)(3). Each petitioner must still be a bona fide Alabama resident (Ala. Code § 26-10E-5(e)), and a petitioner must be an adult, which in Alabama means 19 or older. What counts as a bona fide resident is not spelled out here, so the Probate Court clerk in your county can tell you what the court looks for.

What this means after a move:

• You do not need to wait out a set number of months in Alabama before starting.
• You do need to be able to show you are genuinely living in the state.
• Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process, so your marriage to the child's parent is part of the foundation.
• If you are unsure whether you could also file in your previous state, or which county's Probate Court is the right one for your family, ask the clerk or an attorney. That depends on your specific facts.

What the court will look for once you file:

• Court: Your petition goes to the Probate Court.
• Consent: You will need your spouse's consent and the consent of the child's other legal parent, or grounds for implied consent. A child who is 14 or older must also consent (Ala. Code § 26-10E-7(a)(1)).
• Absent parent: Alabama's abandonment provisions use a period of 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). If the other parent's location is unknown, Alabama allows service by publication. Contested or unknown-parent situations depend heavily on the facts, so talk to the clerk or an attorney about yours.
• Home study: Alabama does not waive it (Ala. Code § 26-10E-26(2)), so plan for it as part of the process.

Timeline and cost: Stepparent adoptions in Alabama typically take 3-6 months. Court filing fees run $200-$350, and the total typically comes to under $1,000. Attorney-handled adoptions commonly run $3,000-$5,000+.

Getting ready now: Since there is no waiting period, you can begin gathering your marriage certificate, the child's birth certificate, and any records about the other parent's involvement right away. If one of those records is hard to track down, the clerk can tell you what the court will accept.

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 county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and your court-ready documents arrive within 24-48 hours after you finish the questions. We have helped 811 Alabama families, and our 100% court acceptance guarantee covers your filing.