How does the adoption process work in Alabama?
Alabama's Adoption Code (Title 26 Chapter 10A, Code of Alabama 1975) governs adoptions filed in Probate Court.
1. Types of Adoption
2. Petitioner Eligibility
Under Ala. Code § 26-10A-5, any adult person or husband and wife jointly may adopt. The petitioner must be a resident of Alabama or the child must be a resident of Alabama. A spouse must join.
3. Consent Requirements
Under Ala. Code § 26-10A-13, a birth mother's consent may be signed up to 5 days before birth, but it is not effective until 5 days after birth. A birth father's consent may be signed at any time. Under § 26-10A-14, consent is revocable within 5 days after birth or within 5 days after signing, whichever is later — and may be extended up to 14 days for good cause shown. After that, the consent is irrevocable absent fraud, duress, or undue influence.
4. Home Study
A pre-placement investigation (home study) under Ala. Code § 26-10A-19 is required for non-step-parent adoptions and conducted by a DHR-licensed agency, certified investigator, or DHR itself. A post-placement investigation is also required.
5. Termination of Parental Rights (TPR)
Voluntary via consent. Involuntary TPR under § 12-15-319 for grounds including abandonment, abuse, parental unfitness. Interstate placements require ICPC under § 44-2-20. ICWA (25 U.S.C. § 1901) applies to children of federally recognized tribes.
6. Finalization Hearing
The Probate Court holds a final hearing typically after a 6-month placement period (§ 26-10A-25). The court enters the Final Decree of Adoption, and the Center for Health Statistics issues a new birth certificate.
This is legal information, not legal advice.
- Consent revoked within 5-day (or extended 14-day) window
- Putative-father registry compliance under § 26-10C-1
- Contested unfitness TPR under § 12-15-319
- Ala. Code § 26-10A-1 et seq.
- Ala. Code § 26-10A-13
- Ala. Code § 26-10A-19
- Ala. Code § 44-2-20 (ICPC)
- 25 U.S.C. § 1901 (ICWA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.