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How do I file for stepparent adoption in Birmingham, Alabama?

2 min readHelping families since 2001Alabama
In this answer · 1 sections

You file for stepparent adoption in Birmingham by submitting a petition for adoption, with the required consents, to the Probate Court in your county. You can do this yourself or with an attorney. Alabama allows any legally married spouse to adopt their partner's child through this process.

Where to file: Alabama stepparent adoptions are handled by the Probate Court. The Probate Court clerk can confirm the correct county office for your Birmingham address and explain any local filing procedures.

What you'll need to file:

  • A petition for adoption
  • Consent forms from the people whose consent is required, or grounds for implied consent
  • Your spouse's consent to the adoption
  • The court filing fee, typically $200-$350

Residency: Alabama has no minimum residency period for this type of adoption (Ala. Code § 26-10E-5(e)(3)). Petitioners do need to be bona fide Alabama residents and adults.

Consent: A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)). For the other parent, you either obtain their consent or rely on grounds for implied consent. Alabama's abandonment period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether that applies to your family depends on your facts, so talk with the Probate Court clerk or an attorney if the other parent won't consent or can't be found.

Notice to the other parent: Alabama allows personal service, and service by publication if the person's location is unknown. If you are unsure how to serve a parent, ask the clerk or an attorney about your situation.

Home study: Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)). Expect a DHR pre-placement investigation as part of the process, and ask the clerk how it is scheduled in your county.

Timeline: Stepparent adoptions in Alabama typically take 3-6 months. Timing varies with the court's schedule, how quickly consents and service are completed, and the investigation.

Cost: The total typically comes to under $1,000, including the court filing fee. Hiring an attorney for a stepparent adoption often runs $3,000-$5,000 or more.

Stepparent adoption in Alabama at a glance

Court
Probate Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$200-$350
Child must consent at age
14
Home study
May be required
Alabama families we've helped
811

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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