Can I adopt my nephew if the parents’ consent to it in Alabama? Adoptions in Shelby County must be completed in accordance with the Alabama adoption code. Under the code any adult person, or husband and wife jointly, may are petition the court to adopt a minor. The code also states that an adult may be adopted if they meet any of the following conditions: (a) he or she is an individual with a total and permanent disability; (b) he or she is determined to be a person with an intellectual disability; (c) he or she consents in writing to be adopted and is related in any degree of kinship, as defined by the intestacy laws of Alabama, or is a step child by marriage; or (d) he or she consents in writing to be adopted by an adult man and woman who are husband and wife.
The code also addresses who must consent to the adoption in Montgomery County, Alabama. Under the code, “consent to the petitioner’s adoption or relinquishment for adoption to the department of human resources or a licensed child placing agency shall be required by the following: (a) the adoptee, if 14 years of age or older, except where the court finds that the adoptee does not have the mental capacity to give consent; (b) the adoptees mother or father.”
Therefore, according to the code you may adopt your nephew if the parents’ consent to it in Alabama. If the nephew is over the age of 14 years old, you may not need the parents’ consent to adopt as long as the nephew consents. This is also contingent on the fact that the court has not found that the nephew does not have the mental capacity to give consent. If the nephew is under the age of 14 you may still be able to adopt him as long as you have the parents’ consent. You may also adopt your nephew if he is an adult if he has a disability or he consents to be adopted in writing if he is related in any degree of kinship.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!