Alabama Stepparent Adoption Petition and Decree Filing Packet

ALABAMA STEPPARENT ADOPTION — PETITION AND FINAL DECREE FILING PACKET

PART 1 — PRE-PETITION CHECKLIST

☐ Petitioner (stepparent) is married to the child's custodial legal parent (§ 26-10A-27 requires "husband and wife")
☐ Petitioner has resided with the minor child for at least one year prior to filing (§ 26-10A-27)
☐ Petition will be filed in Probate Court of county where adoptee resides (§§ 26-10A-3, 26-10A-4)
☐ Adoptee 14 or older — written consent obtained (§ 26-10A-7(a)(1))
☐ Consent of natural mother obtained (§ 26-10A-7(a)(2))
☐ Consent or relinquishment of presumed father obtained, or implied consent established under § 26-10A-9
☐ Putative Father Registry check requested from state DHR (§ 26-10C-1); notice to putative father if identified
☐ Notice to State Department of Human Resources (state office, not local DHR) prepared (§ 26-10A-17)
☐ Marriage certificate and child's original birth certificate obtained as exhibits
☐ Criminal-history information for petitioner gathered (some local probate judges require statement, even though not strictly required by code)
☐ ICPC clearance (Ala. Code § 44-2-20) obtained if child was placed across state lines
☐ ICWA inquiry completed

PART 2 — PROBATE COURT CAPTION

PART 3 — VERIFIED PETITION FOR STEPPARENT ADOPTION

(Ala. Code §§ 26-10A-6, 26-10A-27)

TO THE HONORABLE JUDGE OF PROBATE:

Petitioner respectfully shows:

1. Petitioner and Petitioner's Spouse

1.1 Petitioner: [________________________________]
1.2 Date of birth: [__/__/____] Place of birth: [____________________]
1.3 Petitioner's marital status: married to [CUSTODIAL BIRTH PARENT NAME], the natural [☐ mother ☐ father] of the adoptee.
1.4 Date and place of marriage: [__/__/____] / [____________________]
1.5 Residence address: [________________________________]
1.6 County of residence: [____________________]
1.7 Occupation: [____________________]
1.8 Petitioner has resided with the adoptee continuously since [__/__/____] (more than one year — § 26-10A-27).

2. The Adoptee

2.1 Birth name: [________________________________]
2.2 Date of birth: [__/__/____] Place of birth: [____________________]
2.3 Sex: [______] Race / ethnicity: [____________________]
2.4 Length of time adoptee has resided with Petitioner: [______]
2.5 County of residence of adoptee: [____________________]
2.6 Name by which adoptee will be known after the adoption: [________________________________]
2.7 The adoptee is under 19 years of age (a "minor" under Alabama law).

3. Birth Parents

3.1 Natural mother:
Name: [________________________________]
DOB: [__/__/____] Address: [____________________]
Status: [☐ consenting ☐ deceased ☐ rights terminated]
3.2 Presumed / legal father:
Name: [________________________________]
DOB: [__/__/____] Address: [____________________]
Status: [☐ consenting ☐ deceased ☐ rights terminated ☐ implied consent under § 26-10A-9 — abandonment / failure to support / failure to respond ☐ failed to comply with § 26-10C-1]
3.3 Putative father (if any):
Name: [________________________________]
Address: [____________________]
☐ Registered with Putative Father Registry / ☐ Not registered (implied consent under § 26-10A-9(5))

4. Consents (Ala. Code § 26-10A-7)

4.1 ☐ Consent of natural mother attached as Exhibit [____]
4.2 ☐ Consent of presumed father attached as Exhibit [____] (or — see § 26-10A-10 exceptions / § 26-10A-9 implied consent)
4.3 ☐ Consent of the adoptee (age 14 or older) attached as Exhibit [____]
4.4 ☐ State DHR has been served with notice pursuant to § 26-10A-17

5. Putative Father Registry (Ala. Code § 26-10C-1)

5.1 ☐ Request for search of the Putative Father Registry has been transmitted to the State Department of Human Resources.
5.2 Date of request: [__/__/____] Date of response: [__/__/____]
5.3 Result: ☐ No registrant ☐ Registrant identified — notice served on registrant
5.4 Any putative father who fails to comply with § 26-10C-1 (registration within 30 days of birth) gives implied consent to the adoption under § 26-10A-9(5).

6. Indian Child Welfare Act

☐ Inquiry conducted. ☐ Child has no known Indian heritage / ☐ Child is or may be a member of [____________________] tribe; notice to tribe and BIA will be given under 25 U.S.C. § 1912.

7. Streamlined Stepparent Provisions (Ala. Code § 26-10A-27)

Pursuant to § 26-10A-27, Petitioner respectfully notes:

a. The pre-placement and post-placement investigations otherwise required by § 26-10A-19 are NOT required in this stepparent adoption (unless the Court, in its discretion, orders an investigation for cause).
b. The accounting otherwise required by § 26-10A-23 is expressly WAIVED in stepparent adoptions.

8. Petitioner's Fitness

Petitioner is of good moral character, has the ability and disposition to provide for the adoptee, and the adoption is in the best interests of the adoptee. Petitioner has not been convicted of any offense disqualifying adoption under applicable law.

9. Relief Requested

WHEREFORE, Petitioner prays that this Honorable Court:

a. Set the matter for hearing after proper notice to all required persons and to the State DHR;
b. Receive and approve the consents executed in this matter;
c. Find that any non-consenting father has given implied consent under § 26-10A-9 / failed to register under § 26-10C-1 / has had his rights otherwise terminated;
d. Enter an Interlocutory Order if required, followed by a Final Decree of Adoption under § 26-10A-25;
e. Change the name of the adoptee to [POST-ADOPTION FULL LEGAL NAME];
f. Direct the Alabama State Office of Vital Statistics to issue a new certificate of birth pursuant to Ala. Code § 22-9A-12; and
g. Grant such other relief as is just and proper.

VERIFICATION

I, [PETITIONER NAME], being duly sworn, depose and say that I have read the foregoing Petition, and the matters stated therein are true to the best of my knowledge and belief.

Signature: [________________________________] Date: [__/__/____]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

Notary Public — My commission expires: [__/__/____]

PART 4 — CONSENT TO ADOPTION — NATURAL MOTHER / SPOUSE OF PETITIONER

I, [CUSTODIAL BIRTH PARENT NAME], the natural [☐ mother ☐ father] of [ADOPTEE], born [__/__/____], being the spouse of Petitioner [STEPPARENT NAME], freely and voluntarily consent to the adoption of the adoptee by my spouse. I understand my parent-child relationship with the adoptee is NOT terminated by this stepparent adoption.

This Consent is signed before [☐ Probate Judge ☐ Clerk of Probate Court ☐ a person appointed by the court ☐ a notary public] in accordance with Ala. Code § 26-10A-12.

Signature: [________________________________] Date: [__/__/____]

Signed or confirmed before: [________________________________]
Title: [____________________]

PART 5 — CONSENT / RELINQUISHMENT — NON-CUSTODIAL BIRTH PARENT

(Ala. Code §§ 26-10A-7, 26-10A-11, 26-10A-12)

I, [NON-CUSTODIAL BIRTH PARENT NAME], the natural [☐ mother ☐ father] of the adoptee [ADOPTEE NAME], born [__/__/____], state:

1. I am of sound mind and of legal capacity to sign this Consent.
2. I freely, voluntarily, and unequivocally consent to the adoption of the adoptee by [STEPPARENT NAME].
3. I have been advised that I have a right to be represented by counsel and have had reasonable opportunity to obtain counsel.
4. I have been informed that this Consent / Relinquishment may be withdrawn within five (5) days of signing or five (5) days after the birth of the adoptee, whichever is later (Ala. Code §§ 26-10A-13, 26-10A-14); thereafter, withdrawal is permitted only by court order on the limited grounds in the Code.
5. I understand that upon entry of the final decree, all my rights, duties, and obligations as a parent of the adoptee shall terminate.

Signed in the presence of [☐ Probate Judge ☐ Clerk ☐ court-appointed person ☐ notary] under § 26-10A-12.

Signature: [________________________________] Date: [__/__/____]

Signed or confirmed before: [________________________________] (Title: [______])

PART 6 — CONSENT OF ADOPTEE AGE 14 OR OLDER (Ala. Code § 26-10A-7(a)(1))

I, [ADOPTEE NAME], being [______] years of age, having had the meaning and consequences of adoption explained to me, freely consent to my adoption by [STEPPARENT NAME] and to be known after the adoption as [POST-ADOPTION NAME].

Signature: [________________________________] Date: [__/__/____]
Witness: [________________________________]

PART 7 — AFFIDAVIT OF IMPLIED CONSENT / ABANDONMENT

(Ala. Code § 26-10A-9)

If the non-custodial parent has not signed a Consent, Petitioner alleges implied consent on one or more of the following grounds:

☐ § 26-10A-9(a)(1) Abandonment of the adoptee (including father's failure, with reasonable knowledge of pregnancy, to offer support for 6 months prior to birth)
☐ § 26-10A-9(a)(2) Leaving the adoptee without provision for identification for 30 days
☐ § 26-10A-9(a)(3) Knowingly leaving the adoptee with others without support / communication / parental relationship for 6 months
☐ § 26-10A-9(a)(4) Receiving notice and failing to answer / respond within 30 days
☐ § 26-10A-9(a)(5) Failing to comply with the Putative Father Registry (§ 26-10C-1)

Supporting facts: [____________________________________________________________]

I declare under penalty of perjury the foregoing is true.

Signature: [________________________________] Date: [__/__/____]
Notary: [____________________________________________]

PART 8 — PUTATIVE FATHER REGISTRY SEARCH AFFIDAVIT

(Ala. Code § 26-10C-1)

I, [PETITIONER / COUNSEL NAME], state:

1. I have requested a search of the Alabama Putative Father Registry from the State Department of Human Resources.
2. Request transmitted on: [__/__/____] Response received: [__/__/____]

3. Result:
   ☐ No matching putative father is registered; per § 26-10A-9(a)(5), any putative father who failed to register has given implied consent.
   ☐ The following registrant(s) appear: [____________________]; notice has been or will be served on each.

4. Certificate of search is attached as Exhibit [____].

Signature: [________________________________] Date: [__/__/____]
Notary: [____________________________________________]

PART 9 — HOME STUDY WAIVER STATEMENT

(Ala. Code §§ 26-10A-19, 26-10A-27)

Pursuant to Ala. Code § 26-10A-27, the pre-placement investigation and post-placement investigation otherwise required by § 26-10A-19 are NOT required in this stepparent adoption. The Court may, however, in its discretion, order such investigation for cause. Petitioner has provided a Marriage Certificate, the Adoptee's original birth certificate, and consents in lieu of investigation.

PART 10 — NOTICE OF PETITION

(Ala. Code § 26-10A-17)

TO: [Person entitled to notice]

YOU ARE HEREBY NOTIFIED that on [__/__/____] a Petition for Stepparent Adoption of the minor child [ADOPTEE NAME] was filed in the Probate Court of [____________] County, Alabama. A hearing on the Petition is scheduled for:

Date: [__/__/____] Time: [______]
Location: Probate Court of [____________] County, [____________________]

You may appear and be heard, with or without counsel. If you fail to file an answer or other response within thirty (30) days of receiving this notice (or to appear at the hearing), the Court may find that you have given implied consent to the adoption under Ala. Code § 26-10A-9(a)(4) and may proceed without further notice to you.

Service of this Notice has also been made upon the State Department of Human Resources pursuant to § 26-10A-17.

Dated: [__/__/____] [________________________________]
Judge of Probate / Clerk

PART 11 — NOTICE TO STATE DEPARTMENT OF HUMAN RESOURCES (§ 26-10A-17)

TO: Alabama Department of Human Resources
State Office — Office of Adoption
Gordon Persons Building
50 North Ripley Street, Montgomery, AL 36130

Notice is hereby given of the filing of a Petition for Stepparent Adoption in the above-captioned matter, served by certified mail per § 26-10A-17. A copy of the Petition is enclosed.

Petitioner: [________________________________]
Adoptee: [________________________________]
Hearing date: [__/__/____]

Dated: [__/__/____] [________________________________]

PART 12 — BACKGROUND DOCUMENTATION SUMMARY

PART 13 — FINAL DECREE OF ADOPTION (Ala. Code § 26-10A-25)

THIS MATTER came before the Court on [__/__/____] upon the Verified Petition for Stepparent Adoption filed by [STEPPARENT NAME]. The Court, having reviewed the pleadings, exhibits, consents, Putative Father Registry search certificate, notice to State DHR, and other evidence, and having considered the best interests of the adoptee, makes the following:

Findings of Fact

1. The Court has jurisdiction under Ala. Code §§ 26-10A-3 and 26-10A-4.
2. Petitioner is married to [CUSTODIAL BIRTH PARENT NAME], the natural [☐ mother ☐ father] of the adoptee.
3. Petitioner has resided with the adoptee continuously since [__/__/____] (more than one year — § 26-10A-27).
4. All consents required by § 26-10A-7 have been duly executed and witnessed, OR the consent of any non-consenting parent has been deemed given by implied consent under § 26-10A-9 / Putative Father Registry failure under § 26-10C-1, OR consent is otherwise not required under § 26-10A-10.
5. ☐ The adoptee, being 14 years of age or older, has consented to the adoption, OR ☐ not applicable.
6. The State Department of Human Resources has been served with notice pursuant to § 26-10A-17.
7. Pre-placement and post-placement investigations are not required (§ 26-10A-27); accounting is waived (§ 26-10A-27).
8. ICWA inquiry conducted.
9. The adoption is in the best interests of the adoptee.

Decree

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

1. The Petition for Stepparent Adoption is GRANTED.
2. The parental rights of [NON-CUSTODIAL BIRTH PARENT NAME], to the extent not previously terminated, are terminated as of the date of this Decree.
3. From and after the date of this Decree, [ADOPTEE NAME] is the legal child of Petitioner [STEPPARENT NAME] for all purposes including inheritance, with all the rights, duties, and obligations of the parent-child relationship under Alabama law.
4. The name of the adoptee is hereby changed to [POST-ADOPTION FULL LEGAL NAME].
5. The Alabama State Office of Vital Statistics is directed to issue a new certificate of birth pursuant to Ala. Code § 22-9A-12 reflecting:
   - Adoptee's new name: [____________________]
   - Adoptive parents: [CUSTODIAL PARENT NAME] and [STEPPARENT NAME]
   - Date and place of birth: [__/__/____] / [____________________]
6. The original certificate of birth shall be sealed pursuant to § 22-9A-12.
7. Certified copies of this Decree shall issue as required.

ENTERED this [____] day of [____________], 20[____].

[____________________________________________]
Judge of Probate

PART 14 — APPLICATION FOR NEW CERTIFICATE OF BIRTH (Ala. Code § 22-9A-12)

Submit certified copy of the Final Decree of Adoption with the "Report of Adoption" / Certificate of Adoption to:

Alabama Department of Public Health
Center for Health Statistics — Vital Records
P.O. Box 5625, Montgomery, AL 36103-5625

Filing fee: see current ADPH schedule.

PART 15 — POST-DECREE CHECKLIST

☐ Certified copies of Final Decree obtained (minimum 3)
☐ Report of Adoption / Certificate of Adoption sent to ADPH Vital Records
☐ Amended birth certificate received and verified
☐ Social Security Administration notified (Form SS-5)
☐ School / medical / dental records updated
☐ Estate plan / wills / beneficiary designations updated
☐ Any prior child support order vacated as to the terminated parent
☐ Decree filed of record in any other county where prior custody / paternity orders exist

SOURCES AND REFERENCES

• Code of Alabama 1975 — Title 26, Chapter 10A (Alabama Adoption Code)
• Code of Alabama 1975 — Title 26, Chapter 10C (Putative Father Registry)
• Code of Alabama 1975 — § 22-9A-12 (New Birth Certificate after Adoption)
• Alabama State Bar — "Stepparent Adoptions" practice guide
• Alabama Department of Human Resources — Adoption Services / Putative Father Registry: https://dhr.alabama.gov
• Indian Child Welfare Act, 25 U.S.C. § 1901 et seq.

This template is provided for informational purposes only and does not constitute legal advice. Probate-court practice in Alabama varies by county; consult a licensed Alabama attorney and the local probate judge's procedures before filing.