What happens if the adoption is contested in Alabama?

In Alabama, if a parent formally objects to your stepparent adoption, the Probate Court will not simply approve the paperwork. The case becomes contested, and what happens next depends on the facts, so you should get advice from an attorney or the Probate Court clerk in your county. Alabama has 67 counties, and each Probate Court can tell you how it handles objections.

What "contested" means: A contest starts when a parent who has been notified of the adoption objects instead of consenting. Alabama allows personal service on that parent, or service by publication if the parent's location is unknown. Your petition must include either consent forms or the grounds for implied consent.

Where abandonment comes in: Alabama sets the abandonment period at 4 months, under Ala. Code § 26-10E-9(a)(1), (a)(4). If the other parent won't consent, this is the part of the law you and your attorney will look at closely. Whether your facts fit that ground is specific to your family. An attorney or the court clerk should answer that for you, not a general article.

Other consents still matter: Your spouse must consent to the adoption. If the child is 14 or older, the child's consent is also part of the process under Ala. Code § 26-10E-7(a)(1). A contest does not remove these steps.

What a contest can change for you:

• Timeline: An uncontested stepparent adoption in Alabama typically takes 3-6 months. A contested case can take longer, and the clerk or your attorney can tell you what to expect in your county.
• Home study: Alabama does not waive the home study for stepparent adoptions (Ala. Code § 26-10E-26(2)), so plan for it whether or not the case is contested.
• Residency: Alabama has no minimum residency period for the petitioner under Ala. Code § 26-10E-5(e)(3), so a contest does not turn on how long you have lived there.
• Hearing: How the Probate Court runs a contested hearing for a child adoption, including evidence and scheduling, is something to confirm with the clerk or an attorney.

If you're adopting an adult: A contested adult adoption gets its own separate contested hearing. A biological parent's consent is not required for an adult adoption, but the parent must be given notice of the proceeding unless notice is waived in writing.

Should you hire an attorney? If a parent has objected, or you expect an objection, talk to an Alabama family law attorney about your situation. Many families use an attorney for the contested part of the case and handle the paperwork separately. Whether limited-scope representation is available is something to ask each attorney directly.

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, or for one adult adoptee, and $99 for each additional child.