We divorced and remarried — can my spouse adopt my child now in Alabama?

Yes, you can. Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process, so your current marriage is what puts you in position to file. A past divorce followed by remarriage is not a separate category in the Alabama rules we work from. If you want to confirm how your particular history is viewed, the Probate Court clerk in your county can tell you.

What matters most:

• Your current marriage. You and the child's parent must be legally married now.
• Residency. Alabama sets no minimum residency period (Ala. Code § 26-10E-5(e)(3)). Each petitioner must still be an adult (19 or older) and a bona fide Alabama resident.
• Age gap. The usual 10-year age difference between adopter and child does not apply to stepparents.

Consents you will need:

• Your spouse's consent to the adoption.
• The other legal parent's consent, or grounds for implied consent. Alabama looks at abandonment over a period of 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)).
• The child's consent if age 14 or older (Ala. Code § 26-10E-7(a)(1)).

If the other parent's whereabouts are unknown, Alabama allows service by publication. If the other parent objects, the case depends on your specific facts, so talk to the Probate Court clerk or an attorney about that issue.

Home study. Alabama does not waive the investigation for stepparent adoptions (Ala. Code § 26-10E-26(2)). Expect a DHR pre-placement investigation as part of the process.

Where and how long. You file in the Probate Court in one of Alabama's 67 counties. A stepparent adoption typically takes 3-6 months.

Cost. Court filing fees run about $200-$350. When you prepare the paperwork yourself, the total is typically under $1,000, compared with $3,000-$5,000+ for an attorney.

After the adoption. Ask the clerk how to request an updated birth certificate through the Alabama Center for Health Statistics.

Your next steps:

• Confirm your marriage is current and legal.
• Talk with your spouse about the other parent's consent, or whether abandonment grounds apply