Can I adopt my nephew if the parents agree? In Alabama you may be able to adopt your niece or nephew if both parents of the child agree. Adoptions in Elmore County must be completed in accordance with the Alabama adoption code. Under the code any adult person or husband and wife jointly who are adults may 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 Jefferson County adoption. 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.”
In Alabama if a child is no longer going to be with its parents, courts often lean towards the child being adopted by a family member, this way the child stays with the family. This is important because in many cases it is in the best interest of the child to stay with a family member. The adoption process is often much more simple when you are familiar with the people you are being adopted by. There are many reasons why a child may be adopted by a family member such as: alcohol or drug abuse, the death of one of the parents, child abuse or child neglect, or mental health issues with one of the parents.
Generally it is more simple to be adopted by a relative in Alabama than it is by a non relative. There is often no need for a home inspection of the relatives house where an inspection is normally conducted for a non relative. In order for you to petition to adopt your nephew or niece, the child must have lived with you for at least one year before you file your petition. A divorce lawyer in Prattville, or anywhere else in Alabama, can help guide you through the adoption process where you live.
Therefore, 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 in Shelby County 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!