What rights do you have when placing a child for adoption — or adopting one?

Adoption law in Alabama defines your responsibilities at every stage of the process. Understanding these laws is essential to making informed and confident decisions

This guide was created to help you confidently navigate Alabama adoption law. Here, we break down the most important legal questions and provide straightforward answers based on Alabama’s current statutes. If you need additional guidance, contact our team today.

For Birth Mothers: Your Legal Rights

Can I choose adoption for my baby?

Yes. In Alabama, expectant parents have the right to choose adoption.

To do so legally, you must sign a written consent to terminate your parental rights. This consent becomes legally binding once it is reviewed and approved by the court.

Relevant Law: Ala. Code § 26-10E-7

When can I give my baby up for adoption?

In Alabama, you can legally give your baby up for adoption five days after birth. This waiting period allows you to physically recover from childbirth and emotionally consider your decision. Your parental rights officially end once you sign the legal consent and the court accepts it as valid.

 Relevant Law: Ala. Code § 26-10E-13

Can I get my baby back after adoption?

Yes. But only under specific conditions.

You may revoke your consent within five business days after the birth or after signing, whichever is later. Additionally, you may ask the court to withdraw your consent within 14 days, but you must prove that the request is reasonable and that reversing the adoption is in the child’s best interest.

After these periods, the adoption becomes legally permanent and cannot be reversed.

Relevant Laws: Ala. Code § 26-10E-13, § 26-10E-14

Can you do adoption without the father's consent?

Sometimes, yes. A father's consent is required if he is a presumed, acknowledged or adjudicated father — meaning he has legal parental status. If the father has not legally claimed paternity, has failed to support the pregnancy or cannot be located despite reasonable efforts, the court may allow the adoption to proceed without his consent.

Relevant Laws: Ala. Code § 26-10E-7, § 26-10E-9

Do both birth parents have to sign adoption papers in Alabama?

Yes. This is true as long as both parents have legal parental rights. However, if one parent has abandoned the child, cannot be located or is found to be unfit, only one parent’s signature may be required. The court must make a determination based on the facts of the case.

Relevant Laws: Ala. Code § 26-10E-7, § 26-10E-9

Can I get paid for adoption?

No. It is illegal in Alabama to receive money in exchange for placing a child for adoption. However, you may receive financial assistance for expenses related to your pregnancy, such as medical care, housing, transportation, food and legal services.

Relevant Law: Ala. Code § 26-10E-33

Can you choose who adopts your baby?

Yes. You have the legal right to choose the family you feel is best suited to raise your child. You can review profiles of waiting families online and select the one that matches your values and preferences. We work with hundreds of families across the U.S. so you can find the perfect adoptive parents.

Relevant Law: Ala. Code § 26-10E-5

Can people from a different state adopt my baby?

Yes. Families from other states can adopt a child in Alabama, but the process must follow the Interstate Compact on the Placement of Children (ICPC). This ensures that all legal requirements are met in both the sending and receiving states before the adoption is approved.

Relevant Law: Ala. Code § 44-2-20

Can I give my baby up for adoption without any agency?

Yes. This is known as an independent adoption. In these cases, you may place your child directly with an adoptive family. However, legal consent and a valid pre-placement investigation (home study) are still required for the court to finalize the adoption.

Relevant Law: Ala. Code § 26-10E-12

Can my spouse adopt my child?

Yes. Your spouse can adopt your child through a stepparent adoption. This process usually requires the consent of the child’s other biological parent unless that parent's rights have already been legally terminated by the court.

Relevant Law: Ala. Code § 26-10E-26

Can my family adopt my baby?

Yes. Relative adoptions are permitted under Alabama law. If a grandparent, sibling, aunt, uncle or other close relative is willing and able to adopt your child, the court may approve the adoption. These cases may involve a simplified legal process and potentially waive some requirements like the home study.

Relevant Law: Ala. Code § 26-10E-27

Can you anonymously put a baby up for adoption?

Mostly, yes. While your identity must be included in the court and legal records as part of the consent process, you do not have to disclose your personal information to the adoptive family. Private adoptions can be arranged in a way that protects your confidentiality.

Relevant Law: Ala. Code § 26-10E-30

Can I have contact with my child after the adoption?

Yes. Through open adoption in Alabama, you can maintain contact with your child and their adoptive family. This might include letters, emails, photo updates, phone calls or visits.

These agreements are not legally enforceable under Alabama law. However, the adoptive parents we work with understand the mutual benefits of open adoption.

More Information: https://www.americanadoptions.com/adopt/open_adoption

How does tribal adoption work for Native American children?

The Indian Child Welfare Act (ICWA) applies to any adoption involving a child who is a member of a federally recognized tribe or eligible for membership and the biological child of a member.

Under this law, tribal governments must be notified of any adoption proceedings involving eligible Native American children. The law also outlines placement preferences, which prioritize placing the child with their extended family, other members of their tribe or with another Native American family to help preserve their cultural identity and heritage.

Relevant Law: Ala. Admin. Code r. 660-5-36

Can I drop my baby off at a fire station?

Yes. Under Alabama's Safe Haven Law, you can legally surrender an infant who is 45 days old or younger at a staffed fire station, a licensed hospital with an emergency department, an emergency medical services provider or a baby safety box. You are not required to give your name, and there are no legal consequences if the child is unharmed.

Relevant Law: Ala. Code § 26-25-1

What rights do biological parents have after adoption?

Once an adoption is finalized, biological parents lose all legal rights and responsibilities to the child. 

However, you can still build a relationship with your baby and their adoptive parents through open adoption.

Relevant Law: Ala. Code § 26-10E-28

For Adoptive Families: Starting Your Family with Confidence

Do you have to be married to adopt in Alabama?

No. Single adults are legally permitted to adopt on their own. However, Alabama law does not allow unmarried couples to adopt jointly — only one person in an unmarried couple may legally adopt unless they are married.

Relevant Law: Ala. Code § 26-10E-5

How old do you have to be to adopt a baby?

To adopt in Alabama, you must be a legal adult, which the state defines as someone who is at least 19 years old. There is no maximum age restriction, but the home study process will evaluate your overall ability to meet the child’s needs.

Relevant Law: Ala. Code § 26-10E-5

Do you need a home study for a private adoption in Alabama?

Yes. A pre-placement investigation, also called a home study, is required for all private adoptions. This process evaluates your suitability to adopt and the safety of your home environment.

Relevant Law: Ala. Code § 26-10E-19

Do you need a home study for an independent adoption?

Yes. An independent adoption still requires a complete and approved home study. The home study must be submitted to the court and approved before the adoption can move forward.

Relevant Law: Ala. Code § 26-10E-12

Can you adopt without an agency?

Yes. You can pursue an independent adoption in Alabama. However, many families still choose to work with a licensed agency to receive professional support and ensure full legal compliance.

Relevant Law: Ala. Code § 26-10E-12

What are the steps to adopt?

The legal steps to adopt a baby in Alabama are:

1. Complete a home study with a licensed provider.

2. Obtain consent from the birth parents.

3. File an adoption petition.

4. Complete the post-placement supervision period.

5. Attend the adoption hearing and receive the final decree of adoption.

Relevant Laws: Ala. Code § 26-10E-19, § 26-10E-16, § 26-10E-24

Can you adopt a child from another state?

Yes. Adopting a child from another state requires compliance with the ICPC. This agreement ensures that both the sending and receiving states approve the placement before the child is moved across state lines.

Relevant Law: Ala. Code § 44-2-20

Can we advertise for a birth mother?

Yes. Prospective adoptive parents in Alabama may advertise for a birth mother, but only if they have completed a home study. Licensed agencies may also advertise on your behalf.

Relevant Law: Ala. Code § 26-10E-35

Can a birth father stop an adoption?

Yes. A birth father may stop an adoption if he has legal paternity and has provided emotional and/or financial support for the child or the expectant mother.

If he fails to establish paternity or has abandoned his responsibilities, the court may allow the adoption to proceed without his consent.

Relevant Laws: Ala. Code § 26-10E-7, § 26-10E-23

What if the birth parents don't sign adoption papers?

If the birth parents do not sign adoption papers, the court may proceed without their consent only under specific circumstances. These include cases where a parent has:

• Abandoned the child

• Failed to support the child or mother during pregnancy

• Had their parental rights legally terminated

• Been deemed unfit

• Cannot be identified or located despite reasonable efforts

Relevant Law: Ala. Code § 26-10E-10

When is an adoption finalized in Alabama?

An adoption is finalized in Alabama when the probate court issues a final decree of adoption. This typically occurs after a minimum post-placement period, during which the adoptive family is supervised and a report is filed with the court.

Relevant Law: Ala. Code § 26-10E-24

Can birth mothers change their mind?

Yes. A birth mother in Alabama has five business days after the birth or after signing the consent — whichever is later — to revoke her consent. After that period, she may still petition the court within 14 days of signing, but the court must find the withdrawal to be reasonable and in the best interest of the child.

Relevant Laws: Ala. Code § 26-10E-13, § 26-10E-14

Are adoptive parents on the birth certificate in Alabama?

Yes. Once the adoption is finalized, the State Registrar will issue a new birth certificate listing the adoptive parents as the child’s legal parents. The child’s new name (if changed) will appear on this certificate. The original birth certificate is then sealed.

Relevant Law: Ala. Code § 26-10E-31

What rights do adoptive parents have after adoption?

After adoption, adoptive parents have the same legal rights and responsibilities as biological parents. This includes rights related to custody, inheritance, medical decisions and day-to-day care.

Relevant Law: Ala. Code § 26-10E-28

Are open adoptions legally binding in Alabama?

No. Open adoption agreements are not legally enforceable under Alabama law. However, most adoptive families willingly honor the terms of open adoption, including sharing updates and maintaining contact as agreed upon with the birth parents.

More Information: https://www.americanadoptions.com/adopt/pictures_letters 

Does ICWA apply to private adoptions in Alabama?

Yes. The ICWA applies to all adoptions involving children who are members of or eligible for membership in a federally recognized tribe. The law requires notifying the tribe, adhering to placement preferences and often allowing the tribe to intervene in proceedings.

Relevant Law: Ala. Admin. Code r. 660-5-36

What support is available after adoption?

Post-adoption support in Alabama includes access to counseling services and, in some cases, adoption subsidies for children with special needs. Adoption agencies may also provide connection to support groups and help with open adoption communication.

More Information: https://www.americanadoptions.com/adopt/post-adoption-support-services

For Adoptees

If you were adopted through our agency, you may request records, background information or reunification support. Adoptees in Alabama also have access to resources that explain their legal rights, help navigate sealed records and offer tools for search and reunion.

For more information, visit our page on adoptee rights and support.

What’s Next?

Understanding how private adoption works and how long it may take to finalize everything can be overwhelming. But you don’t have to figure it out alone.

Let us help you take the next step with clarity and confidence. Contact our adoption specialists for personalized guidance today.

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