One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Alabama?

Yes, you can ask the Alabama Probate Court to adopt both stepchildren, but the father who doesn't consent is the sticking point, because his child's adoption needs either his consent or legal grounds that make his consent unnecessary. Whether the court grants it for that child depends on the facts of your case.

The child whose father consents: Your petition includes his signed consent form, along with your spouse's consent to the adoption. If either child is 14 or older, Alabama also sets 14 as the age at which the child's own consent comes into play (Ala. Code § 26-10E-7(a)(1)).

The child whose father doesn't consent: Alabama's rules allow the petition to rest on grounds for implied consent instead of a signed consent. The abandonment provisions use a four-month period (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether his situation meets those grounds depends on his specific history with the child, and he may contest it. If he does, the case becomes more complicated. For a contested or uncertain situation like this, talk to an attorney or the Probate Court clerk in your county about that issue.

Notice to the father: Alabama allows personal service, and service by publication if his location is unknown. Either way, he has to be properly notified of the case.

Other things that apply to both children:

• Court: Your petition is filed in the Probate Court in your county. Alabama has 67 counties, and the clerk can tell you about local filing practices, including whether to file for both children together.
• Residency: Alabama sets no minimum residency period for stepparent adoption (Ala. Code § 26-10E-5(e)(3)).
• Home study: Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)), so expect an investigation for each child.
• Timeline: A stepparent adoption in Alabama typically takes 3-6 months. A contested case may take longer, and the clerk or an attorney can give you a better sense of that.
• Cost: Court filing fees generally run $200-$350, and the total typically comes to under $1,000 when you prepare the paperwork yourself, compared with $3,000-$5,000+ for an attorney.

A practical way to think about it: