How do I adopt an adult in Alabama?

You adopt an adult in Alabama by filing a petition in the Probate Court, which has original and exclusive jurisdiction. The adult being adopted gives sworn written consent, and both of you attend a short hearing where the judge decides whether the legal requirements are met. Alabama's adult adoption law took effect January 1, 2024, and the Probate Court process is often finished in about 2-4 weeks.

Who can be adopted. An adult (19 or older in Alabama, under Ala. Code § 26-10E-2) can be adopted only if at least one of these is true:

• The adult has a total and permanent disability.
• The adult has been determined to be an incapacitated person.
• The adult consents in writing and is a relative of the petitioner in any degree, or is a stepchild or former stepchild by marriage.
• For at least one year during the adult's minority, the adult had a de facto parent-child relationship with each petitioner (foster parent relationships included), and each petitioner has kept up a continuous family relationship with the adult.

The adoption must be for the purpose of establishing a legal parent-child relationship.

Who can petition. Any adult may petition, or a married couple who are both adults may petition jointly. There can be no more than two petitioners. A married adult must petition jointly with their spouse, unless that spouse is the biological or legal parent of the adult being adopted. Unless the petitioner is biologically related to the adoptee, the petitioner must be at least 10 years older, though the court may waive this for good cause (Ala. Code § 26-10F-5(c)).

Consent. If the adoptee is legally competent, only the adoptee's sworn, written consent is required. If the adoptee has been found incompetent or incapacitated, the sworn written consents of the legal guardian or conservator and of a court-appointed guardian ad litem are required. A married adoptee who is incapacitated or unable to consent also needs the spouse's consent. Consent from biological parents is not required, but notice must be served on any biological or legal parent, the adoptee's spouse, and the Department of Human Resources, among others, unless notice is waived in writing. Consents are acknowledged in open court unless the court waives this for good cause, and a consent can be withdrawn by motion any time before the dispositional hearing.

Where to file and residency. Either you or the adoptee must be an Alabama resident. File in the Probate Court of the county where the adoptee lives or is in military service, or where you live or are in military service. Alabama sets no minimum number of months of residency (Ala. Code § 26-10E-5(e)(3)).

Home study and hearing. A home study is not required unless the court orders an investigation to decide whether the adoption is in the adoptee's best interests. A dispositional hearing is required, and each petitioner and the adoptee must appear in person. If that is impossible or impractical, the court may allow electronic appearance for good cause. The judge must find each required element by clear and convincing evidence.