What are the adoption laws in Alabama?

In Alabama, adoption is handled by the Probate Court in your county, and a stepparent adoption lets a legally married spouse adopt their partner's child. The rules are in Alabama's adoption code, and the points below matter most for stepparent families.

Where you file. Alabama has 67 counties, and each has a Probate Court. Your county's clerk can tell you about local forms and procedures, such as those in Birmingham, Huntsville, Mobile, Montgomery or Tuscaloosa.

Who can adopt. Each petitioner must be an adult (19 or older under Ala. Code § 26-10E-2) and a bona fide Alabama resident. Alabama sets no minimum residency period for the stepparent process (Ala. Code § 26-10E-5(e)(3)). The usual rule that the adopting person be at least 10 years older than the child does not apply to a stepparent filing under § 26-10E-27 or § 26-10E-28.

Consent. The paperwork includes a Petition for Adoption, consent forms or grounds for implied consent, and your spouse's consent to the adoption. A child who is 14 or older has a role in consenting (Ala. Code § 26-10E-7(a)(1)). If the other biological parent will not or cannot consent, Alabama's abandonment period is four months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether that applies to your situation depends on your facts, so check with the Probate Court clerk or an attorney, especially if the case is contested.

Notice to a parent. Alabama allows personal service, or service by publication if a parent's location is unknown. How that works for your situation is worth confirming with the clerk or an attorney.

Home study. Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)). Your process includes a DHR pre-placement investigation.

Timeline and cost. A stepparent adoption in Alabama typically takes 3-6 months. Court filing fees generally run $200-$350, and the total cost is typically under $1,000 when you file without an attorney, compared with $3,000-$5,000+ for attorney-handled adoptions. Your clerk can confirm the exact fee in your county. The Alabama Center for Health Statistics is the state's vital records agency.

Adult adoption. Alabama also permits adult adoption under its Adult Adoption Code, which took effect January 1, 2024 (Ala. Code § 26-10F-2). An adult may be adopted if, for example, the adult is a stepchild or former stepchild by marriage and consents in writing. Other routes include a total and permanent disability, or a qualifying parent-child relationship during the adult's childhood.