How does termination of parental rights work in Alabama?

In Alabama, a stepparent adoption does not use a separate termination case: the other parent's rights are addressed inside the adoption case you file in the Probate Court, either through that parent's consent or through grounds for implied consent. The data does not list a separate termination filing for stepparent adoptions.

How it works in practice: Your filing includes a Petition for Adoption, consent forms (or the grounds for implied consent), and your spouse's consent to the adoption. Alabama allows any legally married spouse to adopt their partner's child through this process. The Probate Court in your county handles the case.

The two main paths:

• Consent: The other legal parent signs a consent to the adoption. This is usually the most straightforward route.
• Implied consent through abandonment: If the other parent has not stepped up, Alabama sets a four-month abandonment period, found in Ala. Code § 26-10E-9(a)(1), (a)(4). Whether your situation meets that standard depends on your specific facts, so check with the Probate Court clerk or an attorney.

Notice to the other parent: Alabama allows personal service on the other parent. If you do not know where that parent is, service by publication is allowed. If the other parent objects or contests the adoption, that is a fact-specific situation, and you should talk with an attorney about it.

Child's consent: The child consent age in Alabama is 14, under Ala. Code § 26-10E-7(a)(1). If your child is that age, plan for this consent as part of the process.

Residency and home study: Alabama has no minimum residency period for filing, per Ala. Code § 26-10E-5(e)(3). The home study is not waived for stepparent adoptions under Ala. Code § 26-10E-26(2), so expect that step.

Timeline and cost: A stepparent adoption in Alabama typically takes 3-6 months. Court filing fees generally run $200-$350, and the total cost is typically under $1,000. Hiring an attorney for the whole process often costs $3,000-$5,000 or more.

Questions the clerk can answer: Every county has its own local practices. The Probate Court clerk in your county can confirm how to file, which forms they want, and any details about scheduling your hearing. If you are unsure whether the other parent's consent can be obtained, or whether abandonment applies, ask the clerk about procedure and an attorney about your legal position.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Alabama county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and your court-ready documents arrive within 24-48 hours after you finish the questions. We back the package with a 100% court acceptance guarantee and have helped 811 Alabama families.