Are you thinking about adopting your stepchild in Alabama? You might have questions about what the law requires or how to handle issues with the child’s other biological parent. The right legal advice can help you avoid delays or mistakes. An adoption lawyer can explain Alabama’s adoption laws, prepare the paperwork you need, and represent you in court if necessary.
Understanding Stepparent Adoption Laws in Alabama
Stepparent adoption in Alabama allows a stepparent to adopt their spouse’s minor child and become the child’s legal parent. This type of adoption gives the stepparent the same legal rights and responsibilities as a biological parent. Once the court finalizes the adoption, the child’s legal ties to their other biological parent – if that parent still has rights – end.
Alabama law includes specific rules for stepparent adoptions. For example, the child must live with the stepparent for at least one year before filing.
A finalized stepparent adoption changes the child’s legal status. This means the child may take the stepparent’s last name and has the same inheritance rights as a biological child. It also creates a permanent parent-child relationship under the law.
Eligibility Requirements for Stepparent Adoption
In Alabama, stepparents must meet certain requirements before they can legally adopt their spouse’s child:
- Age – Alabama law only allows adults to adopt, so the stepparent must be at least 19 years old.
- Marriage status – The stepparent must also be legally married to the child’s biological or legal parent. Alabama does not allow boyfriends, girlfriends, or fiancé(e)s to conduct stepparent adoptions.
- Residence – Before they can file a stepparent adoption petition, the child must live with the stepparent for at least one year.
- Investigation – Even a stepparent adoption requires an investigation into the adopting parent and a home study. The purpose is to ensure the stepparent is fit to care for the child and that the home is safe for the child to live in.
- Consent – If the child’s other biological parent still has legal rights, the court will usually require their consent for a stepparent adoption. However, if the other biological parent does not agree, the court may still approve the adoption in certain situations, such as abandonment. Children 14 or older also typically must consent to the adoption.
The Legal Process of Stepparent Adoption in Alabama
A stepparent who meets basic eligibility requirements must file a petition with their local probate court to begin the stepparent adoption process in Alabama. The petition must include details about the child, stepparent, and legal parent who is married to the stepparent. It must also list anyone who still holds parental rights.
The court usually requires stepparents to notify the child’s other biological parent unless the parent’s rights no longer exist or their identity is unknown. If the other parent agrees, they must sign a consent form. If they do not agree, the court can decide whether their consent is legally necessary.
The stepparent must also undergo an investigation into their fitness as a parent and the home where the child will live. The report for this investigation must be filed with the court within at least 30 days of filing the adoption petition.
The court will hold a hearing to review the case and determine if the adoption is in the child’s best interest. If the judge approves the adoption, the court will issue a final decree, making the stepparent the child’s legal parent from that point forward.
Legal Benefits of Stepparent Adoption
Stepparent adoption creates a new legal relationship between the stepparent and the child. Once the court finalizes the adoption, the stepparent becomes the child’s legal parent under Alabama law. This change brings several legal benefits, including:
- Parental authority – The stepparent gains full legal rights to make decisions about the child’s education, health care, and daily needs.
- Name change option – The child can legally take the stepparent’s last name if the family chooses to include this in the adoption.
- Inheritance rights – The adopted child receives the same rights to inherit from the stepparent as a biological child would.
- Access to records – The stepparent can access the child’s school and medical records without needing permission from the biological parent.
- Legal recognition in emergencies – Hospitals and schools will treat the stepparent as the child’s parent if urgent decisions are necessary.
Responsibilities of Adoptive Parents
Legal adoption by a stepparent also comes with new duties and obligations. Adoptive parents in Alabama take on full legal responsibility for their adopted children once the adoption is finalized. This means they are responsible for providing food, shelter, clothing, education, and health care, just like any biological parent. The law treats adoptive parents the same as birth parents when it comes to parenting duties.
Adoptive stepparents also take on long-term responsibilities. They must support the child until adulthood, which usually means until the child turns 19 in Alabama. They must also make decisions related to the child’s schooling, medical care, and any legal matters involving the child.
Adoptive parents cannot give up their rights later without going through the court, even if they divorce the child’s other parent.
Partner with a Trusted Stepparent Adoption Lawyer
Families across Alabama turn to Leigh Daniel Family Law for guidance and support during some of life’s most personal legal matters. With more than 30 years of experience, adoption attorney Leigh Daniel leads a team that understands both the legal and emotional sides of family law. Here’s what one client had to say about working with our firm:
“Ms. Leigh and her team are phenomenal!! They were able to help me get through a pretty nasty custody case, and Ms. Leigh was so kind and understanding through all of it. Without getting into the personal details, her whole team was amazing and I am so thankful and beyond grateful for all of their help. I’d give a higher rating if I could.” —Theresa Cordier
If you’re ready to take the next step in adopting your stepchild, Leigh Daniel Family Law can help. Contact us now to arrange your initial consultation and find out how to move forward with your adoption plan.
