How do I adopt my stepson or stepdaughter in Alabama?

You adopt your stepchild in Alabama by filing a petition for adoption in the Probate Court, with your spouse's consent and the consent (or grounds for implied consent) of the other parent, and then completing the court's review and hearing. Alabama has 67 counties, and you file in the Probate Court in your county. A stepparent adoption typically takes 3-6 months.

Who can adopt: Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process. You must be an adult (19 or older) and a bona fide Alabama resident (Ala. Code § 26-10E-5(e)). Alabama sets no minimum length of residency before you can file (Ala. Code § 26-10E-5(e)(3)). The usual 10-year age gap between adopter and child does not apply to a stepparent filing under the stepparent provisions.

The basic steps:

• Prepare the petition for adoption.
• Gather the consent forms, or document the grounds for implied consent.
• Include your spouse's consent to the adoption.
• File with the Probate Court and pay the filing fee, typically $200-$350.
• Serve the other parent. Alabama allows personal service, or service by publication if that parent's location is unknown.
• Complete the DHR pre-placement investigation.

Consent: If your stepchild is 14 or older, their own consent is part of the process (Ala. Code § 26-10E-7(a)(1)). The other legal parent's consent is also part of the picture. If that parent will not consent or cannot be found, Alabama has a 4-month abandonment period that can matter (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether it applies depends on your family's facts. For a contested case or an absent parent, ask the Probate Court clerk in your county or an attorney about your situation.

Home study: Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)), so plan for that step and its time.

If your stepchild is an adult: Alabama has a separate adult adoption process (Ala. Code ch. 26-10F). A stepchild or former stepchild by marriage may be adopted if they consent in writing.