How does PCS move affect stepparent adoption in Alabama?

A PCS move does not stop a stepparent adoption in Alabama, and arriving on orders does not force you to wait. Alabama has no minimum residency period for filing (Ala. Code § 26-10E-5(e)(3)), so a new arrival does not have to wait a set number of months. The petitioner does need to be a bona fide Alabama resident, so your move needs to be real and settled.

If you are PCSing into Alabama:

• You file in the Probate Court in your county. Alabama has 67 counties, and the clerk can tell you which one applies to you.
• Because there is no waiting period, you can usually start as soon as you are settled. The Probate Court clerk can confirm what proof of residency they want to see, such as a copy of your orders.
• Typical timelines for a stepparent adoption run about 3-6 months, though your court's schedule affects this.

If you are PCSing out of Alabama while your case is open:

• Whether the court allows you to appear remotely for the final hearing is a question for the Probate Court clerk in your county. Ask before you move, and ask early.
• Alabama requires a home study for stepparent adoptions (Ala. Code § 26-10E-26(2)). Moving mid-process could affect the scheduling of that investigation, so check with the clerk about timing.
• If your child is 14 or older, Alabama requires the child's consent (Ala. Code § 26-10E-7(a)(1)). Make sure the signing can happen before you leave, or ask the clerk how it can be handled from a distance.

If the other parent is involved:

Distance can complicate getting a biological parent's consent. Alabama recognizes grounds for implied consent, including an abandonment period of 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether those grounds apply depends on the facts, so if the other parent is hard to reach or may object, talk with an attorney about your specific situation.

Adult adoptions:

If you are adopting an adult stepchild, the petition goes to the Probate Court in the county where the adoptee lives or is in military service, or where the petitioners live or are in military service. Alabama's adult adoption hearing requires each petitioner and the adoptee to appear in person, though the court may allow electronic appearance for good cause. Adult adoptions often take about 2-4 weeks.