6 FREQUENTLY ASKED QUESTIONS REGARDING ADOPTIONS IN ALABAMA

On January 1, 2024, a new Adoption Code became effective in Alabama. This law made significant changes to the law in effect prior to that date. In some areas the new law clarified provisions of the existing law and also added new provisions and requirements for adoption petitions. Below are a few of the frequently asked questions we receive about adoptions under the new law.

Who Can Adopt in Alabama?

Generally, an unmarried individual or a married couple may petition to adopt a child. A child may not be adopted by an unmarried couple. If a petitioner is married, both spouses must jointly petition for adoption unless it is a stepparent adoption in which case the petition must be filed by the stepparent only. Other specific requirements are also applicable depending on the circumstances.

Where is an Adoption Petition Filed?

A petition for adoption is filed in the Probate Court of the county where 1) the adoptee was born, resides or has a legal domicile 2) a petitioner resides or is in military service or 3) where an office of any agency or institution operating under Alabama and who has guardianship or custody of an adoptee is located.

Who Must be Given Notice When an Adoption Petition is Filed?

Alabama law requires that, unless waived, notice of the petition must be served on the following people or agencies: 1) any individual, agency or institution whose consent or relinquishment is required 2) the legal father of the adoptee 3) the putative father of the child 4) the legal custodian of the child 5) the spouse of a petitioner who is a stepparent 6) in some circumstances the grandparent of the adoptee 7) any person known to have physical custody or visitation with the  adoptee under a court order 8) in some cases the agency or individual authorized to investigate the adoption 9) the Alabama Department of Human Resources and 10) any other person designated by the court.

What is a Home Study?

A home study is an evaluation of the petitioner’s home by a third party. The type or extent of the home study is determined by the type of adoption (stepparent, foster parent, etc.). The home study must be done by a person or agency meeting the criteria set forth in the various statutes related to the type of adoption. The home study may include, among other things, financial information on the petitioners, inspection of the house where the adoptee will live, background checks and drug screens on the petitioners and other people living in the house, reference letters, and health information for the petitioners and those living in the household.

What are the Costs of an Adoption?

While the actual costs of an adoption will vary depending on the type of adoption and other factors, they will generally include an attorney’s fee for the attorney representing the petitioners, a fee for a Guardian ad litem who is a lawyer who may be appointed to represent the child during the adoption proceeding, filing fees required by the court, fees payable to the person or agency conducting the home study, and publication costs.

What is a Guardian ad litem and What is Their Role?

A Guardian ad litem, also known as a GAL, is an attorney appointed by the Court to represent the child or children in an adoption. One may not be appointed in all cases and the decision is up to the Probate Judge. Their primary job is to represent the interests of the child and to insure that all appropriate steps are followed and the adoption is in the best interest of the child or children. They are independent from the attorneys representing other parties in the case. The cost for the GAL is generally assessed to the petitioning parties.

The information contained in this article should be considered general in nature and does not constitute legal advice. If you wish to obtain further information on the topic discussed, you should seek legal or other advice specific to your situation. Steven C. Sasser and Sasser Law Firm, LLC are licensed to practice in Alabama and this article should not be seen as an attempt to solicit legal services from outside of Alabama. No representation is made that the quality of legal services performed are greater than the legal services performed by other lawyers.