The biological parent hasn't seen my child in over a year. Can I adopt in Alabama?

Possibly, yes. In Alabama, the time you describe is longer than the 4-month abandonment period in Ala. Code § 26-10E-9(a)(1), (a)(4), so you may be able to proceed without the other parent's consent. Whether it actually counts as abandonment depends on the facts of your situation, and the Probate Court makes that decision.

What the 4 months means for you. The statute sets a 4-month period, and not seeing your child is only one part of the picture. Whether the parent also failed to support or contact your child, or whether there were reasons for the absence, is something the judge weighs. If the facts are disputed, talk with an attorney or the Probate Court clerk in your county about that specific issue.

Consent or implied consent. An Alabama stepparent adoption packet includes either consent forms or the grounds for implied consent. If the other parent won't sign, or can't be reached, your paperwork explains the grounds instead. Your spouse, who is the child's parent, must also consent to the adoption. Alabama allows any legally married spouse to adopt their partner's child through this process.

Notice to the other parent. The other parent must be notified of the case. Alabama allows personal service, and service by publication if the parent's location is unknown. If they contest the adoption, the case becomes more complicated, and an attorney's advice on that point is worth having.

Other requirements to plan for:

• Court: You file in the Probate Court. Alabama has 67 counties, and each county's court has its own clerk who can answer local filing questions.
• Residency: Alabama has no minimum residency period under Ala. Code § 26-10E-5(e)(3).
• Your child's consent: If your child is 14 or older, their consent is part of the process under Ala. Code § 26-10E-7(a)(1).
• Home study: Alabama does not waive the home study (Ala. Code § 26-10E-26(2)). Expect a DHR pre-placement investigation.
• Timeline: Stepparent adoptions in Alabama typically take 3-6 months.
• Cost: Court filing fees run about $200-$350. The total typically comes to under $1,000, compared with $3,000-$5,000+ for an attorney.

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 county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 811 Alabama families, and 34,000+ families nationally since 2001.