“Learn to do right; seek justice. Defend the oppressed. Take up the cause of the fatherless; plead the case of the widow” (Isaiah 1:17 NIV).
Most attorneys become attorneys in the first place with the goal in mind to advocate for others. The right attorney for you will have your best interests at heart and will seek to firmly cement the outcome in a court of law. Adoption is a legal tie that involves a prospective parent who would like to build up or create a family and the process also involves birth parents. Just as there are many reasons a birth parent may want to place their biological child in another home, there are a myriad of reasons why a prospective parent would desire to add to their family through adoption. Whether you choose to adopt a child in Alabama through an agency or proceed with an independent adoption, it’s wise to consult an Alabama adoption attorney. Any error in the process or paperwork can lead to unnecessary uncertainty and possibly devastating consequences. An Alabama adoption attorney can oversee each step to ensure the best possible permanent outcome for you.
Private Adoption
Not all states allow for private adoptions, but Alabama is one that allows for the case when prospective parents connect with a birth mother outside of an agency and the parents wish to forge ahead with what’s called a “private adoption” or “independent adoption.” I personally am the adoptee in the case of private adoption. The process can be costly as you will most definitely need a lawyer to represent you. You’ll want to ensure that all the correct paperwork is filed for you, the birth parents, and your child, so as to avoid any possible future legal problems.
The private adoption process in Alabama includes the following. You must find an attorney who can provide proof that he/she is capable of litigating private adoptions and it’s best to find a firm that specializes in family law. You should also make sure that you meet the basic requirements in Alabama for prospective parents. Those requirements include:
- Age requirements. You must be 19 years old; if you are married, both spouses must be at least 19 and must have been married for one year.
- One partner must be a legal US citizen.
- You must be able to provide housing and financial security for an additional family member.
You’ll undergo a health exam and thorough background check which includes criminal history. Your attorney will make sure that you have legal consent from the birth parents involved which, even after obtained, can be revoked by the birth parents within 14 days. You’ll need to make sure that you and the birth parents are in agreement about the amount of contact the child can have access to once the child reaches majority. In Alabama, this is a decision a birth parent can make. Alabama requires an extensive pre and post Home Study which includes providing documentation such as financial records, health records, criminal records etc, and includes several visits to your home with face-to-face interviews.
Alabama Adoption Attorney Specializing in Private Adoptions
Stepchild Adoption
Adopting a stepchild is a fairly common practice and can be a little more streamlined than other types of adoptions. The most important factor that could provide entanglements that a lawyer could help you navigate is that of consent. If you already know that the other biological parent won’t offer consent, there can be a few other ways to bypass that. Of course, if the other parent won’t provide consent, you will want to question your own motives and consider what you believe to be best for your child and why.
Abandonment
In Alabama, if the child’s biological parent has not contacted the child or caregivers or offered any financial support for six consecutive months, this may be offered to the court as proof of abandonment. Abandonment can also be claimed if the biological father doesn’t provide support (monetary or emotional) for six consecutive months dating back to before the child is born. If abandonment can be proven, the state of Alabama will not require consent.
Death of a biological parent
In the case of death, you may be able to proceed without a lawyer since this circumstance would not require the other biological parent to be served with a petition for adoption. You will need to provide a copy of the death certificate to the court.
Unfitness
If you can make the case that the other biological parent has proven to be unfit, you can call for a fitness hearing. A judge will hear any evidence that would show the other parent to be abusive to the child or neglectful, addicted to mind-altering or debilitating substances, incarcerated, has displayed a pattern of abandonment, or is legally considered incompetent. If the judge decides that the other parent is unfit, then that parent’s rights would be terminated and you would be able to continue with the process for a stepparent adoption.
Questionable Paternity or Implied Consent
In Alabama, if a biological father fails to respond to an adoption notice within 30 days, the result is that he has given “implied consent” to an adoption. In a case of questionable paternity, it will probably be best to consult an attorney to ensure that you avoid any possible legal complications for your specific situation.
Stepchild Adoption Process Includes the Following in Alabama:
- You need to have been married for at least a year.
- The child must reside with you for at least one year prior to the adoption (exceptions can be made if deemed necessary by the court).
- File a petition for adoption to the court. This link may help you if you’re intent on avoiding attorney fees and you believe your specific situation is void of complications.
- Gain consent in writing from the other biological parent (if applicable).
- If the child is 14 years or older, the child will need to give consent in writing or possibly appear for a court hearing.
- A Home Study is usually not required in Alabama in a stepparent adoption, but the courts could decide that it’s warranted.
- Apply for a new birth certificate and, if desired, change the child’s last name.
Alabama Adoption Attorney Specializing in Stepchild Adoptions:
Adopting a Relative
In Alabama, a brother/sister, aunt/uncle, first cousin, grandparent, great-grandparent, or great aunt/uncle related by blood or marriage can petition to adopt a minor grandchild, brother/sister (including half-brother/sister), nephew/niece, or great-nephew/niece. To petition for adoption, the minor in question must have lived with the family hoping to adopt for a period of at least one year before the adoption would be granted. Keep in mind, if the minor is above 14 years of age, the minor must consent in writing and/or in-person to the adoption.
Adoption of a relative can be a process that is smoother than a typical adoption, but the main entanglement might be consent. Both birth parents still need to offer their consent unless there are extenuating circumstances. A lawyer can help navigate this particular complication if it applies to you. Alabama, the home study investigation process is not required for adoption of a relative unless the court deems it to be warranted for some reason. This also means that you won’t be required to pay the fees associated with the home study either.
Alabama Adoption Attorney Specializing in Relative Adoptions:
Same-Sex Partner Adoption
In Alabama, some prospective parents may wish to adopt although their family unit doesn’t include a partner of the opposite sex. Alabama law allows for adoption in the case of a same-sex marriage as per the Supreme Court decision Obergefell v. Hodges in 2015. However, if this is your situation, you may want to consider hiring an attorney to walk you through the process since some of the legislation in Alabama in regards to a same-sex partnership adoption can be tricky to navigate since the laws surrounding this legislation have been shifting since 2015. A good attorney will be up-to-date on your rights and can steer you away from any entanglements that could cost you time and money.
In general, a same-sex marriage adoption follows the same process that a heterosexual partnership would follow, but an attorney can help ensure that you don’t run into any issues that would inhibit your process. An important factor to keep in mind if you’re adopting from a same-sex partnership and going through an agency is that you find an agency that aligns with your personal belief system, as Alabama ruled in 2017 that faith-based adoption agencies can thwart the adoption process if they perceive that the belief system of the prospective parents doesn’t align with the principles of the agency.
Alabama Adoption Attorney Specializing in Same-Sex Adoptions:
Adopting an Adult
Maybe this legal tie is long overdue and you want to seal your emotional bond to an individual who is no longer a minor. In Alabama, this is possible. I personally have a dear friend who was raised with a mom and stepfather with whom he had a beautiful bond. Around the age of 26, the family agreed that they desired to legalize that bond, and my friend was adopted by his stepfather. My friend even changed his last name to the amusement of some of his classmates at the next class reunion prompting questions like, “OK, did you get married and change your last name?”
A foster child who has developed a close-knit bond with his/her foster family, but has “aged out” may want to legalize the relationship with his/her foster family. It’s possible that a child who had been adopted and was reunited with his/her birth family may desire to be adopted by his/her birth parents. Very often, adopting an adult is due to the family’s desire to include this individual in a will wherein the adoptee will be inheriting assets from the parents. A legal adoption would make that process more streamlined.
Another common cause for adopting an adult may be that the adult adoptee is mentally or physically disabled and the adopting family wishes to ensure continued care for this individual. Alabama will legally recognize this adoption, but an attorney will ensure that you avoid any pitfalls. The courts may reject your petition if there is any suspicion of ill-intentions. When adopting an adult in Alabama, it is not necessary to gain consent from birth parents but does necessitate the presence of a lawyer to follow the other steps for private adoption.
Alabama Adoption Attorney Specializing in Adult Adoptions:
Inter-state Adoption
Different states have different laws in regards to adoption, therefore if you’re interested in adopting a child from another state, it’s imperative to hire an attorney who is familiar with the laws of both states involved since you need to comply with both, but the “sending state” (the state identified as the child’s/birth mother’s place of residence) trumps the state where the prospective parents reside. And, of course, the courts can pick and choose according to your specific circumstance.
Generally the first step is to gain consent of birth parents and terminate their rights. This step can actually vary widely from state to state. Alabama requires consent of the biological father if the father is married to the birth mother or had been married to the birth mother within the last 300 days or if the father’s name appears on the birth certificate. On the other end of the spectrum, there are states that require a father’s consent if there is a male who has shown significant interest in the child.
A pre and post home study will be required and generally will follow the guidelines in place at the child’s home state (the “sending state”). The pre and post home study will usually include background checks (criminal/state/federal), physical fitness tests, and in-person interviews with a licensed adoption specialist.
For an interstate adoption, you’ll want an attorney who is familiar with the ICPC. The ICPC (Interstate Compact on the Placement of Children) oversees the legal transportation of your adopted child across state lines to your residence. There are some unique circumstances where this part of your adoption journey may result in prospective parents waiting an extended period of time in the child’s home state for paperwork to go through, but this also can result in invaluable time to bond with your child.
Alabama Adoption Attorney Specializing in Inter-state Adoptions:
International Adoption
If you desire to adopt a child from another country, your first step will be to decide which country. From there, you should learn whether this country is a Hague Convention country or not. From there, you can choose an agency and/or attorney who specializes in the type of adoption you’ll be pursuing. A list of Hague Convention countries can be found online.
The basic process for international adoption from Alabama are the following:
- With your attorney or agency, begin the process of preparing for the pre-placement home study.
- Apply for Adoption Eligibility: From a Hague country, file a 1-800A. From a non-Hague country, file a 1-600A.
- Ensure the child is eligible for adoption and apply for a US Visa for your child. Form DS-260 will be filed to the child’s home country for approval.
- Travel to your child’s country to finalize the process in their country. You will need your own travel Visa and you may expect to stay for 1-4 weeks.
- Finalize the adoption in Alabama. Your attorney or agency may recommend that you “re-adopt” in the state of Alabama in order to ensure that the adoption is legal in both countries.
Alabama Adoption Attorney Specializing in International Adoptions:
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