What if the biological parent lives in another state — can I still adopt in Alabama?

Yes. A biological parent who lives in another state does not stop you from adopting your stepchild in Alabama. The case is handled by the Probate Court, and the other parent's location mainly affects how that parent is notified and how consent is obtained.

Where the case happens: Stepparent adoptions in Alabama go through the Probate Court. Alabama has 67 counties, so ask the Probate Court clerk in your county to confirm where your petition should be filed. Alabama sets no minimum residency period under Ala. Code § 26-10E-5(e)(3), but each petitioner must be a bona fide Alabama resident (see Ala. Code § 26-10E-5(e)).

Getting the out-of-state parent involved: Alabama requires either consent forms or grounds for implied consent. It allows these ways of notifying a parent:

• Personal service, when you know where the parent is, even if that is in another state.
• Service by publication, if the parent's location is unknown.

If the parent is willing, they can give consent. The clerk can tell you how the court wants an out-of-state signature handled and what form the paperwork should take. If the parent will not cooperate or cannot be found, the right approach depends on your facts, so speak with the clerk or an attorney about that specific situation.

If the parent has been absent: Alabama's abandonment period is 4 months (Ala. Code § 26-10E-9(a)(1), (a)(4)). Whether your situation meets that standard depends on the details. Living in another state is not the same thing as abandonment, and an attorney can advise you on your facts.

Other requirements that stay the same:

• Spouse's consent: Your spouse, the child's parent, must consent to the adoption.
• Child's consent: Alabama sets the child consent age at 14 (Ala. Code § 26-10E-7(a)(1)).
• Home study: Alabama does not waive the home study in stepparent adoptions (Ala. Code § 26-10E-26(2)), whether or not the other parent lives out of state.

Time and cost: Stepparent adoptions in Alabama typically take 3-6 months. Court filing fees run about $200-$350, and the total typical cost is under $1,000 if you file without an attorney. Attorney-handled adoptions commonly run $3,000-$5,000+. Serving a parent in another state or publishing notice may add costs, and the clerk can confirm the exact charges.

Questions to ask the Probate Court clerk:

• Which county is the right place to file?
• How should consent from an out-of-state parent be signed and submitted?
• What does the court require to serve a parent in another state?
• If the parent's whereabouts are unknown, what steps come first?

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 Alabama county. You then file it yourself without an attorney.