What happens if the adoption is contested in Alabama?

A contested adoption — where the biological parent actively opposes the adoption — is uncommon but does happen. Here's what to expect in Alabama:

What "contested" means:

The biological parent has been served with the adoption petition and files a response objecting to it. This is different from simply not signing consent — a parent who doesn't respond is NOT contesting.

What happens next:

1. The Probate Court schedules a hearing

2. Both sides present evidence

3. The judge determines whether the biological parent has maintained a meaningful relationship with the child

4. If abandonment is established (12+ months, Ala. Code § 26-10A-9), the adoption typically proceeds

Our recommendation for contested cases:

• Continue using our document preparation service ($349) for all paperwork
• Also consult with a Alabama family law attorney for court representation
• Many attorneys will provide limited-scope representation for just the hearing

Reality check: In our 25+ years, contested adoptions that actually go to a hearing are rare. Most biological parents who initially object ultimately don't follow through.