What are Alabama's adoption laws?

Alabama adoption is handled by the Probate Court in your county, under Alabama Code Title 26, and for a stepparent adoption the main rules are a 4-month abandonment period, consent from a child age 14 or older, and a home study that is not waived. Here is how the key pieces fit together.

Court: Alabama has 67 counties, and each has its own Probate Court. You file in the Probate Court, which has original and exclusive jurisdiction over adoptions. Local forms and procedures can vary, so your county's clerk is the best source for county-specific details.

Who can adopt: Alabama allows any legally married spouse to adopt their partner's child through the stepparent adoption process. Each petitioner must be an adult (19 or older) and a bona fide Alabama resident.

Residency: Alabama sets no minimum number of months you must have lived in the state for a stepparent adoption (Ala. Code § 26-10E-5(e)(3)).

Consent: Expect to provide consent forms, or grounds for implied consent, along with your spouse's consent to the adoption. A child who is 14 or older must consent (Ala. Code § 26-10E-7(a)(1)).

Abandonment: When the other biological parent has not consented, abandonment can be a ground, and Alabama's period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether your situation qualifies depends on your facts. For a contested case or a parent whose location is unknown, talk with the court clerk or an attorney. Alabama allows personal service, or service by publication if a parent's location is unknown. Termination of rights is not a separate court case, because it is handled within the adoption.

Home study: Alabama does not waive the home study for stepparents (Ala. Code § 26-10E-26(2)). The process includes a pre-placement investigation through DHR.

Timeline and cost: A stepparent adoption typically takes 3-6 months. Court filing fees run about $200-$350, and the total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.