Alabama Adoption Laws
By FindLaw Staff | Legally reviewed by Heather Biddle, Esq. | Last updated December 29, 2022
Adoption is a time for celebrating the new addition to your family, as you pursue an addition to your family. But the legal processes involved can be confusing and stressful. If you're in Alabama and considering adoption, read on for information about the legal processes and laws you'll likely encounter in the state, as you pursue an adoption.
State Laws
Every state has adoption laws that exist to determine who is allowed to adopt and the special requirements for adoptive parents. These laws are intended to protect the best interests of the child. As confusing and complicated as these laws can be, it's always wise to contact an attorney for help in navigating them and the processes associated with them.
Adoption Laws in Alabama
Each state has its own adoption laws, which could be very different from those in other states. The following chart is a breakdown of adoption laws in Alabama:
| Code Section
|
Code of Alabama 26-10A-1, et seq.: Alabama Adoption Code |
|---|---|
| Who May Be Adopted
|
(1) Any minor, and (2) Any adult fitting the following description: (a) They are permanently disabled, or (b) They are determined to be so intellectually disabled that they are permanently incapacitated or otherwise incapable of handling their own affairs |
| Age that Child's Consent Needed
|
14 years of age and older, unless the adoptee does not have the mental capacity to consent to the adoption |
| Who May Adopt
|
(1) Any adult person or couple in a joint fashion, and (2) No rule set by the Department of Human Resources prevents an adoption by a single person solely because of that person's age, or because of how that person may work outside the home |
| Home Residency Required Prior to Finalization of Adoption?
|
60 days, unless waived by a court when good cause is shown |
| State Agency/Court
|
Dept. of Human Resources/Probate Court |
| Statute of Limitations to Challenge
|
One year |
Alabama allows any minor or disabled adult to be adopted, and any adult may adopt. After the age of 14, a child must consent to the adoption. Although Alabama does not have a statutory restriction on same-sex adoption, some courts have turned down requests to adopt a same-sex spouse's child. The state also has designated adoption courts that handle adoption proceedings in order to protect the best interests of the adoptee.
Related Resources for Adoption Laws:
Deciding to adopt a child can be a serious emotional decision, and the legal processes surrounding adoption can be just as serious. You can contact an Alabama adoption attorney if you would like legal assistance with an adoption matter. You can also visit FindLaw's Adoption and Adoption Laws section for additional articles and information on this topic.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.