Step-Parent and Relative Adoption Qualifications in Alabama

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Imagine the moment when a judge declares, “This adoption is final.” The tears of joy, the hugs, the sense of relief and belonging.

It’s a powerful scene that plays out in Alabama courtrooms more often than you might think. 

But, before you can reach that moment, you need to understand if you qualify under Alabama law.

Overview of Alabama Adoption Laws

Alabama’s adoption laws are primarily governed by the Alabama Adoption Code, which is found in Title 26, Chapter 10A of the Code of Alabama. 

These laws outline the procedures, requirements, and qualifications for various types of adoptions, including step-parent and relative adoptions.

Key points of Alabama adoption law include:

• The best interests of the child are always the primary consideration in adoption proceedings.
• Consent from biological parents is generally required, with some exceptions.
• Home studies are typically required, though they may be waived in certain step-parent or relative adoptions.

Alabama recognizes both closed and open adoptions, depending on the agreements between parties.

Step-Parent Adoption Qualifications

Step-parent adoption allows a step-parent to legally adopt their spouse’s child, creating a new parent-child relationship while terminating the parental rights of the non-custodial biological parent.

To qualify for step-parent adoption in Alabama, you must meet the following criteria:

Marriage Requirement

You must be legally married to the child’s biological parent. Alabama does not allow unmarried partners to pursue step-parent adoption.

Residency

At least one party (either the stepparent or the custodial biological parent) must have lived in Alabama for at least six months before filing the adoption petition.

Age Requirement

The adopting step-parent must be at least 19 years old, which is the age of majority in Alabama.

Consent

The custodial biological parent (your spouse) must consent to the adoption. 

Additionally, you’ll need consent from the non-custodial biological parent, unless their rights have been terminated or they meet the criteria for consent to be waived, and the child, if they’re 14 years of age or older.

Fitness

The court will consider the step-parent’s fitness to adopt, including factors such as financial stability, physical and mental health, criminal background check results, and the ability to provide for the child’s needs

Home Study

While a home study is typically required for adoptions in Alabama, it may be waived in step-parent adoptions at the court’s discretion.

Step-parent adoption offers a meaningful way to solidify family bonds, providing a legal foundation for a lifelong relationship between a step-parent and child.

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Relative Adoption Qualifications

Relative adoption, also known as kinship adoption, allows a child’s relative to adopt them. This type of adoption can provide stability and continuity for children who cannot be cared for by their biological parents.

To qualify for relative adoption in Alabama, you must meet these criteria.

Qualifying Relationship

You must be a relative of the child. 

Under Alabama law, this includes grandparents, great-grandparents, siblings, half-siblings, aunts and uncles, and first cousins.

Residency

At least one party (either the adopting relative or the child) must be a resident of Alabama for at least six months prior to filing the adoption petition.

Age Requirement

The adopting relative must be at least 19 years old.

Consent

You’ll still need consent from both biological parents and the child under kinship adoption, unless their rights have been terminated or they meet criteria for consent to be waived and the child is under 14 years old.

Fitness

The court will still assess the relative’s fitness to adopt, considering factors such as financial stability, physical and mental health, criminal background check results, the ability to provide for the child’s needs, and the existing relationship with the child.

Home Study

A home study is typically required for relative adoptions, though it may be less extensive than in non-relative adoptions.

Relative adoption offers a path to ensure children are raised by trusted family members, providing them with a familiar and supportive environment.

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General Requirements for Both Types of Adoptions

Regardless of whether you’re pursuing a step-parent or relative adoption, there are some general requirements that apply to all adoptions in Alabama:

• Petition Filing: File with the probate court in the county where adoptee or petitioner resides, or child’s birthplace if under six months. Court choice depends on these circumstances.

• Background Checks: All adult household members must undergo criminal background checks and child abuse registry checks.

• Financial Responsibility: You must demonstrate the ability to financially support the child.

• Health Status: You should be in good physical and mental health and capable of caring for a child.

• Stable Home Environment: You must provide a stable, safe home environment for the child.

• Child’s Best Interests: The court must determine that the adoption is in the best interests of the child.

Both step-parent and relative adoptions require careful consideration of legal responsibilities and the well-being of the child, ensuring that every decision prioritizes their best interests and stability.

The Adoption Process in Alabama

The adoption process for step-parent and relative adoptions in Alabama typically follows these steps:

• Initial Consultation: Meet with an adoption attorney to discuss your situation and determine if you qualify.

• File Petition: Your attorney will help you file the adoption petition with the appropriate probate court.

• Obtain Consents: Gather necessary consents from biological parents and the child (if 14 or older).

• Home Study: Complete a home study if required (may be waived in some step-parent adoptions).

• Background Checks: Undergo required background checks for all adult household members.

• Pre-Placement Investigation: The court may order a pre-placement investigation to assess the suitability of the adoption.

• Hearing: Attend an adoption hearing where a judge will review your case.

• Final Decree: If approved, the judge will issue a final adoption decree, legally finalizing the adoption.

• Post-Adoption: Obtain a new birth certificate for the child reflecting the adoption.

The adoption process in Alabama ensures a thorough evaluation of each case, providing a structured pathway to create loving, permanent homes for children in need.

Frequently Asked Questions About Adoption in Alabama

Here are some common questions about the adoption process in Alabama, addressing key concerns and clarifying important aspects.

How Long Does the Adoption Process Take in Alabama?

The timeline can vary depending on the specifics of your case. Generally, step-parent and relative adoptions can be completed in 3-6 months, but complex cases may take longer.

What If the Non-Custodial Parent Won’t Consent to the Adoption?

If the non-custodial parent doesn’t consent, you may be able to proceed if you can prove grounds for terminating their parental rights, such as abandonment or unfitness.

Do I Need an Attorney for a Step-Parent or Relative Adoption in Alabama?

While not legally required, it’s highly recommended to work with an experienced adoption attorney due to the complex legal procedures involved.

Can Same-Sex Couples Pursue Step-Parent Adoption in Alabama?

Yes, following the legalization of same-sex marriage nationwide, same-sex married couples can pursue step-parent adoption in Alabama.

Is Financial Assistance Available for Relative Adoptions in Alabama?

Some financial assistance may be available through Alabama’s Kinship Guardianship Subsidy Program, depending on your circumstances.

What If the Child I Want to Adopt Is Native American?

If the child has Native American heritage, the Indian Child Welfare Act (ICWA) may apply, adding additional requirements to the adoption process.

Can I Adopt My Adult Stepchild in Alabama?

Yes, Alabama allows for the adoption of adult stepchildren, though the process is somewhat different from adopting a minor child.

Resources and Support for Alabama Adoption

Navigating the adoption process can be challenging. 

Here are some resources that may be helpful:

• Alabama Department of Human Resources: Offers information on adoption processes and resources in the state.

• Heart Gallery Alabama: Provides support and resources for adoptive families.

• Alabama Foster and Adoptive Parent Association: Offers training, support, and advocacy for adoptive parents.

• National Foster Care & Adoption Directory: Provides a list of adoption agencies and support services in Alabama.

• Alabama State Bar: Can provide referrals to experienced adoption attorneys.

Remember, every adoption situation is unique.

Take the Next Step in Your Adoption Journey

At Baxley Maniscalco, we understand that the adoption process can be complex and emotionally challenging. 

Our experienced team of adoption attorneys is here to guide you through every step of your step-parent or relative adoption in Alabama.

Don’t navigate this important life change alone. Contact us today for a confidential consultation. 

We’ll help you understand your options, assess your qualifications, and create a personalized plan to achieve your adoption goals.