Adoptions
Adoption is the legal process through which a minor becomes the legal child of the adopting adult(s), gaining all rights and responsibilities that come with a parent-child relationship — including the right to inherit.
Who Can Adopt in Alabama?
Any adult, single or married, can petition to adopt.
If married, both spouses must jointly petition, unless one is a stepparent.
(Reference: Ala. Code § 26-10A-5)
Who Can Be Adopted?
Any minor child (under 19 years old).
Certain adults can also be adopted, usually for inheritance purposes.
(Reference: Ala. Code § 26-10A-6)
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Adoptions in Alabama are heavily regulated to protect the best interests of the child, ensure proper placement, and prevent financial exploitation. Following all steps carefully — especially obtaining consent, timing placement, and understanding court procedures — is critical for a smooth adoption process.
Steps Typically Involved in an Adoption:
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Pre-Placement Investigation (background check and suitability review)
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Obtain Consents and/or Relinquishments from birth parents or guardians
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Appointment of a Guardian ad Litem (if a biological parent is a minor or if the adoption is contested)
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Petition for Court Approval to pay any fees or expenses
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Placement of the Child with the Adopting Family
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File the Petition for Adoption (at least 30 days after placement)
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Serve Notice or Obtain Waivers from all required parties
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Post-Placement Investigation (to ensure the placement is appropriate)
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Court Hearings
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Affidavits of Non-Payment (confirming no unlawful payments were made)
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Accounting of Disbursements (reporting any lawful expenses)
Consent Requirements
Consent to adoption is generally required from:
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The child's birth mother
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The presumed birth father (under certain conditions)
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Any legal guardian
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The adoptee (if 14 years or older)
(Reference: Ala. Code § 26-10A-7)
Guardian ad Litem Appointment
A Guardian ad Litem (GAL) must be appointed:
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If a biological parent is a minor
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If the adoption is contested (disagreement about the adoption)
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The GAL represents the minor’s or contested party’s best interests in court.
(Reference: Ala. Code § 26-10A-22)
Waiting Period Before Filing
The petition for adoption must usually be filed at least 30 days after placement of the child with the adoptive family.
(Reference: Ala. Code § 26-10A-17)
Post-Placement Investigation
A post-placement investigation is required in most cases (except stepparent or close relative adoptions).
It evaluates the adjustment of the child to the new home.
(Reference: Ala. Code § 26-10A-19)
Our office is here to help you with general procedures; however, we are not licensed to practice law.
Only an attorney can give you legal advice about your specific situation.
We appreciate your understanding!
This policy is in place to protect your legal rights.