What if the biological parent lives in Alabama but I live in another state?

Alabama's adoption rules ask each petitioner to be a bona fide Alabama resident, with only narrow exceptions under the Interstate Compact (Ala. Code § 26-10E-5(e)), so living in another state is a real question even though the biological parent lives in Alabama. Which court is the right one for your family depends on the facts, so check that point before you file anything.

Where you file matters. In Alabama, stepparent adoptions are filed in the Probate Court, and the state has 67 counties. If you and the child live in another state, ask the Probate Court clerk in the Alabama county where the biological parent lives whether your situation fits one of the Interstate Compact exceptions. Also ask the court clerk in your own state, or an attorney, which court should hear your case. We can't tell you which applies to you, because it turns on your specific circumstances.

Alabama has no minimum residency period. Alabama sets no minimum number of months you must have lived in the state (Ala. Code § 26-10E-5(e)(3)). The requirement is that you are a bona fide resident, not that you have lived there for a set time.

If the case proceeds in Alabama, these points apply:

• The biological parent's role: The petition needs either a signed consent from the parent or grounds for implied consent. Living in Alabama makes it easy for a cooperative parent to sign locally.
• Service: Alabama allows personal service on the parent. If the parent's location is unknown, it allows service by publication.
• Abandonment: Alabama law uses a 4-month abandonment period (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether it applies to your situation depends on the facts. If the other parent will not consent, talk to an attorney.
• Your spouse: Your spouse's consent to the adoption is part of the filing, along with the petition.
• Child's consent: A child who is 14 or older must give consent (Ala. Code § 26-10E-7(a)(1)).
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