Are you and your partner thinking about adoption as a same-sex couple in Alabama? You might have questions about whether you can adopt jointly, how stepparent adoption works, or what you can do if you’re not married. A family law attorney who understands Alabama’s adoption laws can explain your rights and handle all the legal details for you while you focus on growing your family.
LGBTQ+ Adoption Rights in Alabama
Same-sex couples in Alabama can adopt under the same legal rules as anyone else. Alabama law does not block someone from adopting because of their sexual orientation or gender identity. Courts and agencies must treat married same-sex couples the same as married opposite-sex couples.
This standard follows the US Supreme Court’s decision in Obergefell v. Hodges, which gave same-sex couples the right to marry. Once legally married, same-sex couples in Alabama can adopt together or through stepparent adoption. Single LGBTQ+ adults can also adopt on their own.
Some faith-based private adoption agencies might refuse to work with LGBTQ+ applicants. However, state-run public agencies must follow nondiscrimination rules. In general, LGBTQ+ people in Alabama can adopt, but working with an adoption lawyer can prevent delays or agency pushback.
Same-Sex Couple Adoption Laws in Alabama
The Alabama Adoption Code does not include language that targets or protects same-sex couples. The law focuses on the adopters’ adult status and the child’s best interests.
Under Alabama law, an adult or a married couple can petition to adopt a child. Since the Obergefell ruling, Alabama has been required to recognize same-sex marriages, which means same-sex spouses can adopt as a married couple.
However, same-sex couples who are not married can face legal roadblocks. Courts in Alabama allow joint adoptions only for married couples, so unmarried same-sex partners cannot adopt the same child together. Still, one partner can adopt individually. Then, if the couple marries, the other partner may adopt later through stepparent adoption.
While Alabama adoption law does not explicitly mention same-sex couples, it applies to them in the same way as opposite-sex couples as long as they meet relevant legal requirements.
Alabama Adoption Legal Requirements
Prospective adoptive parents must meet several legal requirements to adopt in Alabama. First, you must be a legal adult (19 or older). If you are married, you must file for adoption together with your spouse. However, single people can adopt, too, if they are otherwise eligible.
The adoption process typically starts with an investigation and home study to review your living situation, background, and ability to care for a child. You must then file a petition in an Alabama probate court, usually where you or the child lives. The law requires consent to the adoption from certain people, including the child if they’re 14 or older and birth parents unless a court has ended their rights.
A judge will review your case to decide if the adoption supports the child’s best interests.
Second-Parent Adoption in Alabama
A second-parent (or stepparent) adoption allows one partner in a married couple to adopt the other partner’s biological or adopted child. In general, unmarried partners cannot both adopt the same child at the same time. However, once a same-sex couple marries, one spouse can adopt the other’s child through stepparent adoption.
Before filing, the child must live with the adopting spouse for one year. There will still be an investigation into the second parent and the home where the child will live. A judge must also approve the adoption based on the child’s best interests.
Parental Rights for Same-Sex Couples
Same-sex couples in Alabama gain full parental rights when they adopt. If a married same-sex couple adopts a child together, both parents have the same legal standing. This means both partners can make medical decisions, enroll the child in school, and take care of all parental responsibilities.
If only one partner adopts the child, the other partner does not have legal parental rights unless they complete a stepparent adoption as a legally married spouse. Without this legal step, the non-adoptive parent will not have a say in custody, education, or health care matters.
Adoption Agencies for LGBTQ+ Couples
Choosing an adoption agency that supports and understands LGBTQ+ families is essential for a smooth and affirming adoption journey. The following agencies have demonstrated a commitment to inclusivity and have experience working with same-sex couples:
- Angel Adoption has provided adoption marketing and advertising services to hundreds of LGBTQ+ community members since 1998. The agency focuses on providing the same supportive adoption process for all hopeful families and treating everyone equally.
- Adoptions From The Heart has been working with LGBTQ+ families since 1990 and is fully committed to equality in adoption. They welcome gay, lesbian, bisexual, and transgender individuals and couples.
- The Cradle is a non-sectarian, nonprofit, licensed child welfare agency that has facilitated more than 16,000 domestic and international adoptions since 1923. They have been at the forefront of placements with LGBTQ+ adoptive families.
- LifeLong Adoptions is a leading LGBTQ+ adoption service provider that has helped hundreds of LGBTQ+ families facilitate newborn adoptions since 2011. They are committed to inclusivity and believe everyone should be able to grow their family through adoption.
- Paths for Families serves all members of the LGBTQ+ community. The agency is recognized by the Human Rights Campaign’s All Children-All Families program as an Innovator in supporting and serving LGBTQ+ youth and families.
Protect Your Family’s Future: Get Family Legal Support for LGBTQ+ Adoption in Alabama
The team at Leigh Daniel Family Law has over 30 years of experience and a reputation for providing clear advice and strong advocacy. Here’s what one client had to say about working with us:
“Leigh was very straightforward and let me know exactly what to expect. I appreciated her honesty, which prepared me for the outcome. I felt she was invaluable in representing my interest.” – Tammy Elders
If you’re ready to move forward with your same-sex couple adoption, Leigh Daniel Family Law can help. We’ll walk you through your options, answer your questions, and explain your rights as same-sex parents in Alabama. Contact our office today to get started with your initial consultation.
