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Stepparent Adoption in Alabama: What You Need to Know
Admin • January 3, 2020
Many people with stepchildren would like to adopt their spouse's child in order to have a more formal legal relationship with that child. Deciding to adopt a stepchild means that you must be fully cognizant of all the relevant state laws and statutes. Take a closer look at what you need to know about this important legal issue.
Consent
One of the key issues regarding the adoption of a stepchild is consent. Typically, you will need the consent of the child's other biological parent, assuming, of course, that your spouse consents to the adoption. Some important exceptions exist to the consent rule, however.
Abandonment
For example, if a biological parent abandons a child, then that parent's consent is not required in some states, such as Alabama. The state of Alabama considers that a child is abandoned if the father does not offer any emotional or financial support to the mother for six months
prior to the child's birth.
Consent is also not required in the state if a parent leaves a child with others for a period of six months or more without providing support for the child and without communicating with the child or caregivers. Also, state statutes do not require consent when a biological parent does not answer a notice regarding adoption proceedings within 30 days.
More Exceptions
Other exceptions to the consent rule in Alabama include parents whose rights to a child have been terminated by a court and also parents who are considered mentally incompetent. Parents who relinquish their rights to a licensed adoption agency also forfeit their right to withhold consent.
Revocation
A parent who gives consent to an adoption in Alabama must do so in writing and confirm the decision in the presence of an appropriate state official, such as a judge or county clerk. Once given, a parent may not revoke consent unless it was given due to fraud, mistake, or undue influence, or the court rules that a revocation is in the best interests of the child.
Child
A key point to keep in mind if you want to adopt a stepchild in Alabama is that the child must also give their consent if they are 14 or over. The only exception to this requirement is when the court rules that the child doesn't have the mental capacity to give consent.
Residence
Alabama is one of the states that has a residence requirement regarding the adoption of a spouse's child. To adopt a stepchild, the child must reside with you for at least one year prior to the adoption. The court, however, waive the requirement if it believes they have good reason to do so.
Home Study
Every state has a procedure known as a home study to determine if the household that adopts the child is a proper place for the child to live. Home studies look at such things as the backgrounds of the adults in the house and whether the adoptive parent or parents are capable of providing for all of the child's needs.
Alabama does not typically require a home study in situations where a stepparent petitions the court for adoption. The court may still demand that a home study be completed, however, if it decides that one is needed.
Adopting a child as a stepparent is somewhat less complicated than other types of adoptions. The legal issues can still be tricky, however, so you will need the advice and counsel of an experienced lawyer, such as William C. Poole, LLC, to help you navigate the process. For more information about adopting a spouse's child, contact us. We will be happy to represent you in all matters pertaining to the adoption of your stepchild.
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