Alabama Adoption Laws

By Olivia Wathne, Esq. | Legally reviewed by Melissa Bender, Esq. | Last reviewed December 17, 2024

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Adoption is a time for celebrating the new addition to your family, but the legal processes involved can cause confusion and stress. If you're in Alabama and considering adoption, this article will inform you about the legal processes and laws you'll likely encounter in the state.

Understanding how adoption works in Alabama can help prospective adoptive parents navigate the system more effectively as they seek to add to their families.

Types of Adoption in Alabama

In Alabama, prospective adoptive parents have several types of adoption to consider, each with its own legal requirements and procedures. These include:

  • Domestic adoption
  • Foster care adoption
  • Stepparent adoption
  • International adoption

Domestic adoption involves adopting a child within the United States. It can be an open adoption, where the adoptive parents maintain some level of contact with the biological parents, including the birth mother and birth father. Foster care adoption involves adopting a child from the state's foster care system. Stepparent adoption allows a stepparent to legally adopt their spouse's child, while international adoption involves adopting a child from another country.

Each type of adoption has specific steps and regulations, and understanding these distinctions is crucial for navigating the adoption process in Alabama.

Alabama Adoption Laws: Chart

Every state has adoption laws determining who can adopt and the special requirements for adoptive parents. These laws 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 navigating them and the associated processes. 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

 
  • Any minor
  • Any adult fitting the following description:
  • Permanently disabled, or
  • 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

 

Any person 19 or older. Single adults, married couples, and same-sex couples are all eligible to adopt.

Home residency required before finalization of adoption?

 

Adopters must live in their new home for 60 days before finalizing the adoption. To adopt a stepchild, the child must live with the stepparent for at least one year before the adoption.

State agency/court

 

 Department of Human Resources/Probate court

Statute of limitations to challenge

 

One year statute of limitations to challenge an adoption. 

Alabama allows any minor or disabled adult to get 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 to protect the best interests of the adoptee.

Alabama Adoption Process and Requirements

The adoption process in Alabama involves several key steps and specific legal requirements. Prospective adoptive families must engage with adoption agencies or facilitators to navigate the complex legal procedures. The state does a thorough adoption home study, including background checks, home inspections, and interviews by a social worker to assess the suitability of the adoptive home.

For domestic adoptions, consent and relinquishment of parental rights from the birth parents, including the birth mother and birth father, are essential steps. Once finalized, the adoptive parents get a new birth certificate for the child reflecting their legal parentage. Throughout the process, adherence to legal timelines and requirements, such as providing notice of the adoption, is crucial to ensure the adoption is legally sound and recognized by the courts.

Get Legal Help With the Adoption Process

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 for legal help with an adoption matter.

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