Whether you are looking to adopt or are planning to place your child for adoption, it will be very helpful to know at least some of the basic laws surrounding the topic. Any adoption journey can be complex and difficult to wrap your head around, but immersing and educating yourself on the rules and regulations can cut down on the confusion, allowing for clarity and peace of mind (for the most part, there is no shame in still feeling a bit overwhelmed during all this). The system is littered with mountains and valleys, so you might as well have an idea of where the ground level is. With that in mind, let us go over the laws of the Alabama adoption process.
- Participants and Consent Laws
So, who can participate in the Alabama adoption process? Every adoptive parent has to meet a few basic requirements to be able to adopt in Alabama. These include being over 19 years old; being married for at least 3 years (this is if you are adopting as a married couple, you may also adopt while being single); having at least one person in a marriage be an official U. S. citizen; having safe housing for the child; being physically, mentally, and emotionally well enough to properly care for the child; and being willing to have criminal history checks done. Those last three requirements will be double-checked during Step 3 of the process when you enter the TIPS Program (more on that later). Did you check them all off? Congratulations, you are eligible to adopt.
On the other end of the spectrum, who can be adopted? There are two categories to this: a minor or an adult with severe disabilities. The minor is the most common scenario and covers pretty much any child (until they reach 18 years old) that does not have parents or whose parents are unable to care for them properly (whatever the situation may be). For the adult, however, there are some requirements. One possibility is that the adult has a complete and permanent physical disability or intellectual disability. Either of these will allow them to be adopted by another qualified adult. Another way would be for the adult to consent to be adopted by another family member or stepparent, or possibly another couple.
Last but not least in the participants’ pool: who can place their child for adoption? This category includes almost every kind of family member and some government interference on top. Parents can place their child, obviously, but so can the grandmother, grandfather, great-grandmother, great-grandfather, great-uncle, or great-aunt. It goes even further than that, and some of these genuinely surprised me. A child can also be placed for adoption by a sister, brother, half-sister, half-brother, aunt, or uncle. However, the decision to place a child for adoption will always go to the mother and/or father first. Any other members of the family or outside resources should only intervene in extreme circumstances. Also on the list of potential participants are the Alabama Department of Human Resources, any licensed child-placing agency, and any adoption agency approved by the Department. These organizations, however, would only do so on their own if the child was in immediate danger from staying in their family situation. For example, if Child Protective Services were to receive notice of a child being abused, neglected, or otherwise uncared for, they may work alongside an adoption agency and the other sections of the Department of Human Resources who will take the child from that situation and either place them for adoption or in the foster care system.
Now that we know who can enter the adoption community, let us look at who needs to offer their consent to the adoption and how one goes about doing that. Of course, the mother must give her permission, and, with various requirements, the presumed father. His consent, however, is required only if:
- The mother and he are married and the child is born during the marriage
- The parents were married or attempted to marry before or after the child’s birth
- He consented to be named father on the birth certificate, is expected to support the child, or took the child into his home
- If he is registered as the putative father (I will discuss the details of that in a bit), and his identity is made known to the court within a month of the notice he does have the right to give or not give his consent to the adoption
Other family members may be asked to contribute their consent under certain conditions, such as if the parents are deceased or otherwise unable to give their consent. The adoption agency that the child was a part of also needs to allow the adoption.
- Paternal Rights
The rights of a father, whether married to the child’s mother or not, are a common subject amongst those looking to place their child for adoption. Legally, there are a few different types of fathers, all with different definitions.
Acknowledged- a fatherly figure, whether related or not, that has established a positive relationship with the child. This does not always make him the presumed or biological father in the court’s eyes, though he may apply to make it official if he wants to.
Adjudicated- a man whom the court decides should legally be the father of a child. In some cases, such as with custody battles, a court will rule that the adoptive father (or an acknowledged father) should be considered the “official” one while making legal decisions instead of the biological or alleged father.
Alleged- a man who calls himself or is thought to be the genetic father though it has not been determined (also known as the putative father). He can apply to legally become the child’s father officially through the Putative Father Registry.
Presumed- the man who is seen as the child’s father until it is either confirmed or questioned by the court. This is usually the biological father unless it is questioned or disproved by the court system.
If an unmarried man believes he is the father of a child, he is able to register and claim to be so through a Putative Father Registry. In registering, the alleged father must also agree to financially support and care for the child. Properly registered putative fathers also have the right to receive notifications of the child being placed for adoption and to object to that adoption, though restrictions can apply.
The Putative Father Registry records the alleged father’s full name, social security, birthday, and address. It will also require the mother’s name, any of her aliases, her social security number, her birthday, and her current address. Other recorded information includes the father’s financial information, a child support statement (confirmation that they will pay their child support), the child’s name and where they were born (if known), and the possible date of when the child was conceived. It is mandatory that the putative father let the registry know if his address changes at any point. It is possible for him to revoke the claim to paternity, should he want, at any time. Once the receipt is acknowledged by the court, the claim to paternity will be considered null.
All claims to paternity and persons registered with the Putative Father Registry are kept and filed by the Department of Human Resources. The Department can and will (with an official request) provide the information to any court system. The information will only be given to specified persons or the court.
For more detailed information on other laws regarding adoption in Alabama, you can use this web page.
Now that you know some of your basic rules, regulations, and rights as a prospective adoptive parent or expectant parent, it is time to talk about the actual process of adoption. Alabama’s official government site has a checklist for you, to help make sure you are on the right track.
- Take a look at all the steps:
Step 1- According to Alabama’s Department of Human Resources web page, the first step in adopting is checking whether or not you are qualified. Well, if you believe you can check all those adopter requirements we mentioned above off your list, then this step is already done.
Step 2- Once you feel committed to adopting, there is an online application you should complete (or you may call 1-866-4AL-KIDS, and an Application to Adopt will be sent that you can then fill in and return to the Department of Human Resources of your county).
Step 3- You will be notified about a program called TIPS (Trauma-Informed Partnering for Permanence and Safety). The preparation program will total to 30 classroom hours (10 meetings) educating prospective and foster parents on the effect adoption can have on their families. They also discuss behavior management, separation anxiety, dealing with loss, and the available children. During this time, a social worker will come to meet your family in your home and interview you. These meetings are meant to help your family make the final decision in whether adoption is right for you, and if it is what specifics work for you (your strengths and weaknesses, what you are looking for in a potential child, etc.)
Step 4- The information gathered from the TIPS program and your interviews will be sent to your county’s Department of Human Resources to be evaluated. You will be sent a notification once you are approved to be an “adoptive resource” (you are then considered a possible household for kids who need to be adopted). The wait time from approval to placing a child in your home can be wildly different depending on the available children, the characteristics you were willing to discuss, as well as an abundance of other situations. While you wait the department will send you a Waiting Children Newsletter, which is a pamphlet featuring kids currently awaiting adoption.
Step 5- The State Office of Adoption will let you know when an adoptive placement can be made and allow you to review the background information on the child or children. You can ask any questions, and then if you believe you would like to parent them you can schedule to have pre-placement visits. If both parties want to continue after a few of those visits, you will sign a placement agreement and the child or children will move in for a while.
Step 6- Once at least 3 months have passed with them living in your home successfully (and if both wish to go through with the adoption), you can move on to the next step. This starts with your social worker giving you the Department’s Consent to Adopt, thus beginning the legal processes in Probate Court. Once everything is filled out and official, celebrate.
Now, I went over some of the major laws and the steps to take, however it is highly suggested that you find an adoption lawyer to help expedite the process. No matter how studious you may or may not be, no one wants to (or is able to, really) go through the Alabama adoption process alone. Also, this article does not, by any means, substitute an experienced and qualified individual. It is written to help get information out to people who need it, but it is always best to seek the professional.
- Adoption Lawyers
Looking for someone to help guide you through the Alabama adoption process? There is a website for that. At lawyers.findlaw.com, you can filter through and find experts based on your city or county and hire their help. Their entire job is centered around making sure that the process moves as smoothly as possible, no matter what kind of adoption it may be. They are trained to help stepparents to adopt, as well as gay couples, and can also help when expectant parents are considering placing their child for adoption or when an adoptee is looking for their birth parents. They have you covered, through every step of the Alabama adoption process.
I hope this helped to smooth out some of those peaks and plateaus you will inevitably encounter during all of this. To the expectant parents, hopefully, families, and children awaiting adoption—I wish you the best.
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