Alabama adoption law process

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It has been awhile since I addressed the adoption process in Alabama. Because the Alabama Adoption Code underwent major revisions in 2023, with most of the previous code repealed, I thought an update was warranted.

After 18 months of work by representatives of the Alabama Probate Judge’s Association, Alabama Law Institute and Alabama Supreme Court to determine the processes, develop procedures and train judges and clerks; the new code took effect in January 2025.

Courts and attorneys have worked to understand and implement the new laws, procedures and processes. That has taken a herculean effort on everyone’s part. The Alabama Law Institute with the Alabama Probate Judge’s Association developed the following information to assist people with understanding the new Alabama adoptions process.

What is an adoption? The judicial act of creating a legal parent-child relationship between a parent and a minor which previously did not legally exist.

Who may adopt a minor? Only an unmarried individual or a married couple. Individuals living together may not adopt a minor.

Who can be adopted? Any minor, defined as being an individual 18 years of age or younger or an individual who is not an adult under the law where he or she resides.

What steps are usually involved in an adoption? There are many steps required by the new code. Those steps include:

1. A pre-placement investigation must be conducted. The judge may order investigations be streamlined for close-relative adoptions but cannot waive the requirement.

2. All necessary consents and/or relinquishments concerning the adoption must be obtained from the legal or natural parents and/or guardians.

3. Adoptee must be placed with petitioners.

4. Petitioners must file a petition for adoption within 60 days after placement.

5. Petitioners (or their attorneys) must serve notice on or obtain waiver of notice from all parties entitled to notice of the adoption.

6. A post-placement investigation must be completed and filed with the court.

7. Petitioners must file a sworn statement of a full accounting of all disbursements related to the adoption.

8. Court must hold a dispositional hearing as well as any contested hearings if necessary.

9. Court enters a final judgment and all required agencies are notified.

What is a pre-placement investigation? An investigation conducted for the purpose of determining the suitability of each petitioner and the home in which the adoptee will be placed. The investigation will include a criminal background search of all people living in the prospective home and will focus on any circumstances relevant to the adoptee’s placement.

Is pre-placement investigation required? Yes. All adoptions are required to have a pre-placement investigation conducted by an authorized investigator/social worker with specific credentials. The investigator must provide a detailed report to the court. The judge may order an abbreviated investigation for stepparent or close relative adoptions as listed in Alabama Code §§ 26-10E-26 and 26-10E-27.

Whose consent to the adoption is usually required? The adoptee, if 14 years or older, unless mentally incapable of giving consent.

1. The adoptee’s legal mother [who may not necessarily be the child’s natural mother].

2. The adoptee’s legal father [who may not necessarily be the child’s natural father].

3. The putative father, if known, provided he complies with the Putative Father Registry and responds within 30 days after receiving notice of the adoption.

4. Any legal custodian or legal guardian of the adoptee.

5. The State Department of Human Resources under some circumstances.

6. The licensed child placing agency to which the adoptee has been relinquished .

Can a minor parent consent to the adoption of his or her child? Yes. However, prior to such consent, the court must appoint a guardian ad litem to represent the minor parent’s interests. A minor parent, 14 years of age or older, may nominate a guardian ad litem to protect his or her interests.

Can a minor parent revoke a consent or relinquishment to an adoption due to the fact that the consent or relinquishment was given when he or she was a minor? No, a consent or relinquishment executed by a minor parent shall not be subject to revocation by reason of such minority.

How does one give consent or relinquishment for adoption? A consent or relinquishment for adoption may be given at any time. Prebirth consent of the mother must be signed or confirmed before a probate judge. All other prebirth or post-birth consent or relinquishments must be signed or confirmed before the probate judge, probate court clerk, someone appointed by the court, a person appointed by the agency conducting the investigation, or a notary public. The consent or relinquishment must be in substantially the same form as provided in the Adoption Code and must be in writing and signed by the person consenting or relinquishing.

When may a consent or relinquishment be withdrawn? A consent or relinquishment may be withdrawn for any reason within five business days after the birth of the adoptee or within five business days after the signing of the consent or relinquishment, whichever occurs later. Otherwise, consent or relinquishment may be withdrawn prior to entry of the final judgment of adoption if the court determines that it was obtained by fraud, duress, mistake, undue influence, or if the adoption petition has been denied following a contested case.

Where is an adoption petition filed? A petition for adoption may be filed in the probate court of any of the following counties:

1. The county in which the adoptee is born, resides, or has a legal domicile;

2. The county in which a petitioner resides or is in military service;

3. The county in which an office of any agency or institution having guardianship or custody of the adoptee is located; or

4. Any other county under certain circumstances.

When is a petition for adoption filed? The petition must be filed within 60 days after the adoptee is placed with the prospective adoptive parent(s). If the person seeking the adoption is the adoptee’s stepparent or relative, the petition
may be filed at any time.

Can the parent of a minor or unborn child be paid for the child? No! It is a Class A misdemeanor to offer to make such payment. It is a Class C felony to actually pay or receive such payment.

What expenses can be paid? A person seeking to adopt a child may pay maternity-connected, medical or hospital, and necessary living expenses of the mother preceding and during pregnancy-related incapacity, provided that such payments are not contingent upon placing the child for adoption. Court approval is required for any payments. All payments must be declared to the court.

How confidential is an adoption? Extremely. Adoption records are open to
inspection only by the petitioners, their attorney, pre- or post-placement investigators, guardians ad litem, attorney(s) for the adoptee, and any person recognized by court order. All hearings are confidential and held in closed court. Once a final judgment is granted; all papers, pleadings, and other adoption-related documents are sealed and withheld from inspection except by court order. Anyone desiring adoption records access must properly file a petition; the court must have a hearing to determine if just cause exists for the judge to grant access to adoption records or adoption information.

Can grandparents obtain visitation rights to see the adoptee after the adoption? Usually, a final judgment of adoption will vacate any visitation rights for grandparents, but in the case of stepparent and relative adoptions, the court may allow such visitation rights.

The process may seem daunting, but is necessary to protect the child. I highly encourage anyone who wants to adopt a child into a loving, caring and responsible home to pursue adoption. Adoptions are without doubt, the best part of my job.

The information above, although based on Alabama law, is meant to inform and not to advise. No one should ever attempt to apply or interpret the law without the advice of an attorney who analyzes the facts of the case. Each case, based upon the facts, can differ significantly. Until next month, stay safe and God bless.