In this answer · 2 sections
In Alabama, you must be an adult, which means 19 or older, to adopt a child. Each person filing the petition must also be a bona fide Alabama resident (Ala. Code § 26-10E-5(e), Ala. Code § 26-10E-2).
Minor adoption, including stepparent adoption:
- Each petitioner must be 19 or older and a bona fide Alabama resident. There are narrow exceptions under the Interstate Compact.
- Alabama sets no minimum residency period before you can file (Ala. Code § 26-10E-5(e)(3)).
- Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process.
- Alabama generally expects the petitioner to be at least 10 years older than the child. That does not apply if you are a stepparent or relative filing, or if the Probate Court finds on the record that the adoption is in the child's best interests (Ala. Code § 26-10E-5(e)).
Adult adoption:
- Alabama permits adult adoption under its Adult Adoption Code. "Adult" again means 19 or older.
- The petitioner must be an adult individual, or a married couple who are both adults.
- Unless you are biologically related to the person you want to adopt, you must be at least 10 years older. The court may waive this for good cause (Ala. Code § 26-10F-5(c)).
- A married adult must generally petition jointly with their spouse, unless that spouse is the biological or legal parent of the person being adopted.
- Adult adoptions in Alabama typically take about 2-4 weeks.
What about a maximum age? The Alabama information we work from does not list an upper age limit. If you are wondering whether your age could matter in a specific situation, the Probate Court clerk in your county can confirm it.
Age is only one piece. Meeting the age requirement does not by itself complete an adoption. For a stepparent adoption, you file in the Probate Court in your county, and consent or grounds for implied consent are needed. Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)). A stepparent adoption typically takes 3-6 months. Court filing fees generally run $200-$350, and the total typically comes to under $1,000, compared with $3,000-$5,000+ for many attorney-handled adoptions.
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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