Can I adopt my stepchild who was born in another country in Alabama?

Yes, you can start the process. Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process, and the case is filed in the Probate Court. Your stepchild's birth abroad mainly affects the paperwork, so ask the Probate Court clerk in your county, or an attorney, how it applies to your situation.

What stays the same in Alabama:

• Court: Your petition goes to the Probate Court in your county.
• Residency: Alabama has no minimum residency period for this (Ala. Code § 26-10E-5(e)(3)).
• Child's consent: If your stepchild is 14 or older, their consent is part of the process (Ala. Code § 26-10E-7(a)(1)).
• Other parent: You will need either the other legal parent's consent or grounds for implied consent. Abandonment has a 4-month period in Alabama (Ala. Code § 26-10E-9(a)(1), (a)(4)). If the other parent lives overseas or cannot be found, Alabama allows personal service, or service by publication if their location is unknown. How this works for a parent abroad depends on your facts, so check with the clerk or an attorney.
• Home study: Alabama does not waive the home study (Ala. Code § 26-10E-26(2)). Expect a DHR pre-placement investigation.
• Timeline: Stepparent adoptions in Alabama typically take 3-6 months.

Points specific to a foreign-born child:

• Birth certificate: Gather your stepchild's foreign birth certificate. Ask the clerk whether the court wants a translation or any other proof of identity.
• New birth record: After the adoption, the Alabama Center for Health Statistics handles birth record requests. Ask them what they can issue for a child born abroad. Your adoption order is your legal proof of the adoption either way.
• Immigration and citizenship: Alabama's adoption data doesn't address immigration status or citizenship. If your stepchild's status is a concern, talk to an immigration attorney before or alongside the adoption.

Cost: Court filing fees in Alabama run $200-$350. A stepparent adoption handled with a document service typically costs under $1,000 in total, compared with $3,000-$5,000+ for an attorney.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.