Call our Adoption Attorneys today at (205) 201-1789
Alabama Adoption Attorneys
Adoption is one of the most meaningful legal decisions a family can make. It is the process by which an adult formally becomes the legal parent of a child — incurring all of the rights and responsibilities of parenthood — while permanently terminating any legal rights held by the biological parents. The result is a new, legally recognized family bond that is just as enforceable and permanent as any biological parent-child relationship. 
At The Harris Firm LLC, our Alabama family law attorneys guide families through every type of adoption — from simple stepparent adoptions to complex international proceedings. We serve clients in Birmingham, Montgomery, Huntsville, Chelsea, and across the State of Alabama, providing clear guidance and steady representation at every stage of the process.
Adoption law in Alabama is handled primarily through the probate courts, and each type of adoption follows its own procedural path. Understanding which type of adoption applies to your situation is the first step toward building your family with confidence and legal security.
Basic Requirements for Adoption in Alabama
Who Can Adopt
Before beginning the adoption process, prospective parents must meet certain baseline requirements under Alabama law. These requirements exist to protect the welfare of the child and ensure that adoptive parents are prepared for the responsibilities of parenthood.
Age Requirement
You must be at least 19 years of age to adopt in Alabama.
Marriage Duration
If you are married, your marriage must be of at least three years’ duration at the time of the adoption petition.
Citizenship
If adopting as a married couple, at least one spouse must be a United States citizen.
Adequate Housing
You must have adequate housing and personal space appropriate for the child or children being adopted.
Health and Fitness
You must be in sufficient health to meet the ongoing physical and emotional needs of a child.
Background Check
You must be willing to undergo a thorough background check, including criminal history screening.
These are the foundational requirements. Additional requirements may apply depending on the type of adoption you are pursuing. Our attorneys will walk you through exactly what is needed for your specific situation.
Types of Adoption We Handle in Alabama
All Adoption Pathways
Alabama recognizes several distinct types of adoption, each with its own legal process, requirements, and timeline. The Harris Firm has experience handling all of them. Below is an overview of each type — click through to learn more about each pathway in detail.
Stepparent Adoptions
Stepparent adoption is the most common type of adoption we handle. It occurs when a stepparent legally adopts their spouse’s child from a prior relationship, creating a full legal parent-child bond. This process typically requires the consent of the non-custodial biological parent — or a court finding that consent is not required due to abandonment or other grounds.
Our attorneys currently offer flat fees for uncontested stepparent adoptions, making this one of the more affordable paths to formalizing your family.
Grandparent Adoptions
When a grandparent has been serving as the primary caregiver for a grandchild — and the biological parents are unable or unwilling to provide appropriate care — a grandparent adoption can formalize that relationship and provide the child with legal stability and security.
Grandparent adoptions often involve situations where parental rights must be terminated either voluntarily or through court action before the adoption can proceed.
Agency Adoptions
Agency adoptions involve working with a licensed adoption agency — either public or private — to be matched with a child who is legally available for adoption. Public agency adoptions in Alabama often involve children who are in the foster care system and whose parental rights have already been terminated by the court.
Private agency adoptions typically involve infants placed for adoption by birth parents who have voluntarily relinquished their parental rights through the agency.
International Adoptions
International adoption involves adopting a child from another country and is one of the most legally complex adoption pathways available. These cases must comply with both Alabama law and the laws of the child’s country of origin, as well as federal immigration requirements.
The process typically involves working with a licensed international adoption agency, obtaining approval from U.S. Citizenship and Immigration Services, and completing legal proceedings in both the child’s home country and Alabama.
Adult Adoptions
Adult adoption occurs when an individual who is 19 years of age or older is legally adopted. These cases are more common than many people realize and arise in a variety of situations — including formalizing a longstanding parental relationship, establishing legal inheritance rights, or honoring a meaningful bond that developed later in life.
Adult adoptions in Alabama are processed through the probate court and generally require the consent of the adult being adopted.
Surrogacy and Related Adoptions
Surrogacy arrangements present unique legal considerations when it comes to establishing parental rights. Depending on how the surrogacy was structured and whether the surrogate has any biological connection to the child, an adoption or a pre-birth parentage order may be necessary to secure the intended parents’ legal rights.
These cases require careful legal planning and coordination between the surrogacy agreement and Alabama’s adoption and parentage laws.
The Adoption Process in Alabama
How It Works
While the specific steps vary depending on the type of adoption, most Alabama adoptions follow a general process from initiation through finalization. Understanding what to expect helps families prepare and move through the process with confidence.
The process begins with a consultation with one of our adoption attorneys. We discuss your situation, identify the appropriate type of adoption, and explain the specific requirements and steps involved. This is also when we discuss fees and timelines so you have a clear picture from the start.
Many adoptions require a home study — a formal assessment conducted by a licensed social worker that evaluates the prospective adoptive family’s home environment, background, and readiness to adopt. Home studies are typically required for agency adoptions, foster care adoptions, and international adoptions. Stepparent and adult adoptions may have different or reduced requirements depending on the circumstances.
Before an adoption can be finalized, the legal rights of the biological parents must be terminated — either voluntarily through a signed consent, or involuntarily through a court proceeding. This step is critical and must be handled properly to ensure the adoption cannot be challenged later. In stepparent adoptions, if the non-custodial parent cannot be located or has abandoned the child, the court may be able to proceed without their consent.
Once parental rights have been addressed, we file a formal adoption petition with the appropriate probate court. The petition includes information about the prospective adoptive parents, the child, and the legal basis for the adoption. Accuracy and completeness are essential — errors in the filing can cause delays or require corrective action.
The court schedules a hearing at which the judge reviews the petition and any required documentation, hears testimony if necessary, and determines whether the adoption is in the best interests of the child. If the court approves, it issues a final decree of adoption — the legal document that makes the adoption official and permanent.
Following finalization, a new birth certificate is issued reflecting the adoptive parents’ names. This document, along with the final adoption decree, serves as the foundation for establishing the child’s new legal identity and ensuring all records are updated accordingly.
Why Legal Representation Matters in Alabama Adoptions
What Our Attorneys Do For You
Adoption is a permanent legal act. Once finalized, it cannot be undone. That permanence is a source of both joy and responsibility — which is why having an experienced adoption attorney is not just helpful, it is essential.
Alabama’s adoption laws involve specific procedural requirements that vary by county, by type of adoption, and by the individual circumstances of the case. Missing a step, filing incorrectly, or failing to properly document the termination of parental rights can delay or derail the entire process — and in some cases create vulnerabilities that could be exploited later.
Our adoption attorneys provide representation that covers the entire process from start to finish. We prepare all required filings, coordinate with courts and agencies, ensure that parental rights are properly addressed, and represent you at any required hearings. For families pursuing more complex adoptions — such as international adoptions or cases involving contested termination of parental rights — our attorneys provide strategic guidance to navigate the additional legal layers involved.
For families pursuing simpler adoptions — such as uncontested stepparent adoptions or adult adoptions — our flat fee structure makes professional legal representation accessible and affordable. We believe that every family deserves proper legal guidance regardless of the complexity of their case.
Ready to Begin the Adoption Process?
Schedule a Consultation With Our Adoption Attorneys
Whether you are just beginning to explore adoption or are ready to move forward, our attorneys are here to help you understand your options and take the next step with confidence.
- Identify the right type of adoption for your family’s situation
- Understand the specific requirements, timeline, and costs involved
- Get a clear plan for moving forward through the legal process
- Have your case handled professionally from petition to final decree
Or email us at stevenharris@theharrisfirmllc.com
Serving Birmingham, Montgomery, Huntsville, Chelsea, and all of Alabama.
Frequently Asked Questions About Adoption in Alabama
How long does adoption take in Alabama?
The timeline varies significantly depending on the type of adoption. Uncontested stepparent adoptions — where the non-custodial parent consents and all documentation is in order — can often be completed in a few months. Agency and foster care adoptions typically take longer due to home study requirements and court scheduling. International adoptions are the most time-intensive, often taking a year or more due to the involvement of foreign courts and federal immigration processes. Our attorneys will give you a realistic timeline estimate based on your specific situation at your initial consultation.
Does a biological parent have to consent to an adoption in Alabama?
In most cases, yes — the consent of the biological parents is required before an adoption can proceed. However, Alabama law provides for involuntary termination of parental rights in certain situations, including when a parent has abandoned the child, failed to pay court-ordered child support for an extended period, been incarcerated for a serious crime, or been found unfit by the court. In these situations, the adoption may proceed without the biological parent’s consent after the court issues a termination order.
Can same-sex couples adopt in Alabama?
Yes. Following the U.S. Supreme Court’s decision in Obergefell v. Hodges, same-sex couples in Alabama have the same right to marry and adopt as any other couple. Our attorneys represent all families in adoption proceedings regardless of family structure.
What is the difference between a private adoption and an agency adoption?
In a agency adoption, a licensed adoption agency serves as an intermediary — matching prospective adoptive parents with a child, facilitating the legal process, and ensuring all required steps are completed. In a private adoption, the adoptive parents connect directly with a birth mother or biological family, sometimes through an attorney or another intermediary, without a licensed agency serving as the placement entity. Both paths lead to the same legal outcome — a finalized Alabama adoption — but the procedural requirements differ.
Do I need a home study for every type of adoption?
Not always. Home studies are required for agency adoptions, foster care adoptions, and international adoptions. For stepparent adoptions and adult adoptions, home studies are generally not required, though the court has discretion to order one if it deems it necessary. Our attorneys will clarify exactly what is required in your case based on the type of adoption and the county where your case will be filed.
Harris Firm LLC Proud Member of
