Who May Adopt, Be Adopted, or Place a Child for Adoption - Alabama

Date: January 2020

Who May Adopt

Citation: Ala. Code §§ 26-10A-5; 26-10A-27; 26-10A-28

Any adult person or husband and wife jointly who are adults may adopt, with the following stipulations:

  • No regulation shall prevent an adoption by a single person solely because the person is single.
  • No regulation shall prevent an adoption solely because of the person's age.
  • No regulation shall prevent an adoption solely because the adult person is employed outside the home.

Any adult may petition the court to adopt another adult as provided in this chapter.

Any person may adopt his or her spouse's child, provided that the adoptee must have resided with the petitioner for at least 1 year before the petition for adoption is filed.

A grandfather, a grandmother, great-grandfather, great-grandmother, great-uncle, great-aunt, a brother or a half-brother, a sister or a half-sister, an aunt, or an uncle and their respective spouses, if any, may adopt a minor grandchild, brother, half-brother, sister, half-sister, nephew, niece, great-grandchild, great niece, or great nephew, except that before the filing of the petition for adoption, the adoptee must have resided for a period of 1 year with the petitioner.

Who May Be Adopted

Citation: Ala. Code § 26-10A-6

The following persons may be adopted:

  • A minor
  • An adult under any one of the following conditions:
    • The person is an individual with a total and permanent disability.
    • The person is determined to be a person with an intellectual disability.
    • The person consents in writing to be adopted and is related in any degree of kinship or is a stepchild by marriage.
    • The person consents in writing to be adopted by an adult man and woman who are husband and wife.

Who May Place a Child for Adoption

Citation: Ala. Code § 26-10A-33

A child may be placed for adoption by any of the following:

  • A parent
  • A parent of a deceased parent
  • A relative of a degree of relationship specified in § 26-10A-28, including:
    • A grandfather, grandmother, great-grandfather, or great-grandmother
    • A great-uncle or great-aunt
    • A brother, sister, half-brother, or half-sister
    • An aunt or uncle of the first degree
    • Their respective spouses
  • The Department of Human Resources
  • A licensed child-placing agency
  • An agency approved by the department

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