What are the requirements for stepparent adoption in Alabama?

You can adopt your stepchild in Alabama if you are legally married to the child's parent and you file a petition in the Probate Court. Alabama has no minimum residency period, and the process follows a clear set of steps.

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, meaning 19 or older (Ala. Code § 26-10E-2), and a bona fide Alabama resident (Ala. Code § 26-10E-5(e)). The usual rule that an adopter be at least 10 years older than the child does not apply when a stepparent is the one filing.

Residency: Alabama sets no minimum number of months you must have lived in the state (Ala. Code § 26-10E-5(e)(3)). You still need to be a genuine Alabama resident, and the Probate Court clerk in your county can confirm how that is shown.

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

Abandonment: If the other parent will not consent, abandonment can be one ground for going forward. Alabama's period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether your facts meet that ground, or what happens if the other parent contests the case, depends on your situation, so ask the Probate Court clerk or an attorney about that specific issue.

Notice to the other parent: Alabama allows personal service. If you do not know where the other parent is, it allows service by publication. An attorney can advise you if you are in that position.

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

Filing and cost: You file in the Probate Court. Alabama has 67 counties, and each one has its own clerk who can explain local filing details. Court filing fees typically run $200-$350, and the total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

Timeline: A stepparent adoption in Alabama typically takes 3-6 months.

After the adoption: Updating your child's birth record is handled through the Alabama Center for Health Statistics. The court clerk can tell you what paperwork to bring.

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, and your court-ready documents arrive within 24-48 hours after you finish the questions. We back them with a 100% court acceptance guarantee, and we have helped 811 Alabama families.