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How to Adopt an Adult in Alabama

Reviewed by DocDraft Legal Team · Alabama · Last updated October 7, 2026

Adult adoption in Alabama is a probate court case that permanently makes one adult the legal parent of another adult, with the inheritance and next of kin consequences that follow, and the statute governing it was rewritten twice in two years. Ala. Code 26-10A-6, the section most websites still cite, is repealed. The Alabama Adult Adoption Code at Chapter 10F replaced it effective January 1, 2024, and eleven of its sections were amended effective January 1, 2026. Start with who counts as an adult. Alabama sets the age of majority at 19, so an 18 year old goes under the separate minor adoption chapter instead. Eligibility is not open to everyone. Section 26-10F-6 permits adult adoption under four conditions only: total and permanent disability; adjudicated incapacity; written consent by an adoptee who is a relative, a stepchild or former stepchild by marriage, or a United States citizen in a multi year parent and child style relationship the court accepts as serving a legitimate purpose; or a de facto parent and child relationship formed during the adoptee's minority. That citizenship branch is new in 2026 and broad, so Alabama is a hybrid rather than a closed list. Consent is split carefully. In the ordinary case only the legally competent adoptee consents (26-10F-7(a)(1)). If you are married, your spouse does not merely sign a consent; the petition must be filed jointly by that spouse unless the spouse is already the adoptee's parent (26-10F-5(b)). The adoptee's own spouse usually receives notice only. No investigation is required unless the court orders one. Attorney review of your petition and consents is available through DocDraft.

Find out where you stand in Alabama

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in Alabama?

Only an adult who meets one of four conditions in Ala. Code 26-10F-6: total and permanent disability; adjudicated incapacity; written consent plus kinship, stepchild or former stepchild status, or United States citizenship with a multi year parent and child style relationship the court accepts; or a de facto parent and child relationship during the adoptee's minority.

Does a married petitioner's spouse have to join an Alabama adult adoption?

Yes. A married adult may not petition to adopt another adult unless the petition is filed jointly by that spouse, and the only exception is where the spouse is already the biological or legal parent of the adoptee (Ala. Code 26-10F-5(b)). There may be no more than two petitioners.

Which court handles an adult adoption in Alabama?

The probate court, which has original and exclusive jurisdiction over Chapter 10F proceedings (Ala. Code 26-10F-3). File in the county where the adoptee lives or where the petitioners live (26-10F-4). If someone contests, the probate court may not transfer the case to another Alabama court (26-10F-12(a)).

How much older than the adoptee must an Alabama petitioner be?

At least 10 years, under Ala. Code 26-10F-5(c), but the rule has two escapes. It does not apply at all where the adoptee is biologically related to the petitioner, and the court may waive it for good cause shown. Alabama also sets the age of majority at 19.

Alabama adult adoption at a glance

An Alabama adult adoption is a probate court judgment that makes one adult the legal child of another, with all the rights and duties of that relation (Ala. Code 26-10F-16(b)). The governing law is new. Act 2023-92 repealed Chapter 10A and created the Alabama Adult Adoption Code at Chapter 10F effective January 1, 2024, then Act 2025-407 amended eleven of its sections effective January 1, 2026. Adulthood here begins at 19. Eligibility runs through the four conditions in 26-10F-6, one of which is a broad citizenship gated route added in 2026. A married petitioner's spouse must join the petition rather than consent to it. The adoptee's spouse normally receives notice only. No investigation is required unless the court orders one.

A nine year age gap and a new husband who has to sign on

In Mobile County a 38 year old woman wants to adopt the 29 year old she helped raise during her first marriage, and the nine year gap between them is the first obstacle. Section 26-10F-6(3)b covers her: the adoptee is a former stepchild by marriage who consents in writing. They are not biologically related, so the 10 year rule in 26-10F-5(c) bites, and she asks the probate court to waive it for good cause shown. Because she has remarried, her current husband cannot simply consent; he must be a joint petitioner under 26-10F-5(b). The adoptee is married, so that husband gets notice under 26-10F-9(a)(3) but signs nothing. Attorney review of the waiver request is available through DocDraft.

Relevant Laws

Ala. Code 26-10F-6 (who may be adopted as an adult)

Permits adult adoption under four conditions: total and permanent disability, adjudicated incapacity, written consent plus kinship or stepchild status or United States citizenship with a court accepted multi year parent and child relationship, or a de facto parent and child relationship during minority. The citizenship branch was added by Act 2025-407, effective January 1, 2026.

Ala. Code 26-10F-5 (joint petition by a married petitioner, 10 year age gap)

Provides that a married adult may not petition to adopt another adult unless the petition is filed jointly by that spouse, unless the spouse is the adoptee's biological or legal parent, and that a petitioner must be at least 10 years older than the adoptee unless the adoptee is biologically related or the court waives it for good cause shown.

Ala. Code 26-10F-7 (consents) and Act 2023-92 recodification

Requires only the sworn written consent of a legally competent adoptee, with guardian and guardian ad litem consent where the adoptee is incapacitated and spousal consent only where the adoptee cannot consent. The same act repealed Chapter 10A, which is why the widely cited 26-10A-6 is dead law.

Ala. Code 26-10F-11 (no investigation unless ordered)

States that no investigation is required in any adult adoption unless the court orders one to determine whether the adoptee's best interest is served, that the court sets the scope, and that any ordered investigation is performed by the State Department of Human Resources or a qualified court appointee.

Ala. Code 26-10F-16 (name change and inheritance)

Allows the judgment to order a name change subject to the fraud and sex offender limits, makes the adoptee the legal child of each adopting parent with intestate inheritance rights, and removes the adoptee's intestate inheritance from or through the biological or legal parents other than one married to the adopting parent.

Regional Variances

Alabama adult adoption rules at a glance

Governing law and its dates

The Alabama Adult Adoption Code, Ala. Code 26-10F-1 through 26-10F-19, created by Act 2023-92 effective January 1, 2024, with eleven sections amended by Act 2025-407 effective January 1, 2026. The older 26-10A-6 that many sites still cite was repealed by the same 2023 act.

Age of majority

19, not 18 (Ala. Code 26-10E-2(4), applied through 26-10F-2(a)). The definition also reaches a person who has reached majority in the state where they reside or who is deemed an adult by statute or court order. Below that, the minor adoption chapter governs.

Who may be adopted

Four conditions in Ala. Code 26-10F-6, not a general consent route and not a fully closed list either. The 2026 branch at 26-10F-6(3)c reaches a consenting United States citizen where the court is satisfied a multi year parent and child style relationship exists for a legitimate purpose.

Age relationship

The petitioner must be at least 10 years older than the adoptee (Ala. Code 26-10F-5(c)), with two carve outs: the rule does not apply where the adoptee is biologically related to the petitioner, and the court may waive it for good cause shown.

Consent of the adoptee

Sworn written consent of a legally competent adoptee, and in the ordinary case that is the only consent required (Ala. Code 26-10F-7(a)(1)). Consents are acknowledged in open court unless waived for good cause (26-10F-10(a)). Consent may be withdrawn by motion before the dispositional hearing (26-10F-7(b)).

Petitioner's spouse

Must JOIN as a co-petitioner, not consent. A married adult may not petition unless the petition is filed jointly by that spouse, unless the spouse is already the adoptee's biological or legal parent (Ala. Code 26-10F-5(b)). No more than two petitioners (26-10F-8(b)).

Adoptee's spouse

Notice only in the ordinary case (Ala. Code 26-10F-9(a)(3)). Sworn written consent is required only where the adoptee is married and is incapacitated or otherwise unable to consent (26-10F-7(a)(4)). The petition must state that spouse's name and address (26-10F-8(a)(10)).

Birth parents

Notice, never consent (Ala. Code 26-10F-9(a)(4)). Notice also runs to any guardian or custodian and to the State Department of Human Resources, which is served by certified mail, and any person entitled to notice may waive it in writing (26-10F-9(a)(6), (c)(2), (d)).

Incapacitated adoptee

Consent comes from any legal guardian or conservator plus a court appointed guardian ad litem (Ala. Code 26-10F-7(a)(2)). The guardian ad litem files a written report, and the court may overrule a withholding of consent on clear and convincing evidence that it is arbitrary (26-10F-10(b), (c)).

Court and venue

Probate court, original and exclusive jurisdiction (Ala. Code 26-10F-3). File where the adoptee resides or is in military service, or where the petitioners do (26-10F-4(b)). On a contest the probate court may not transfer the case or any part of it to another court of this state (26-10F-12(a)).

Residency

Either the petitioners or the adoptee must be a resident of the State of Alabama (Ala. Code 26-10F-4(a)). No durational period applies: the chapter sets no minimum number of months or days in the state or in the county of filing.

Filing fee

No statewide figure. Chapter 10F contains no filing fee provision at all, and probate court costs are set county by county, so a dollar amount found online is a county figure rather than a state rule. Confirm the total with the probate clerk where you file.

Investigation

Expressly not required. No investigation is required in any adult adoption unless the court orders one, and the court determines its scope (Ala. Code 26-10F-11(a)). Any ordered investigation is performed by the State Department of Human Resources or a qualified court appointee (26-10F-11(c)).

Name change

Available in the same judgment, subject to two limits (Ala. Code 26-10F-16(a)): the court may refuse a change requested for fraudulent or criminal purposes, and may not change the name of an adoptee who is a sex offender under 15-20A-36. The new name goes on the amended birth certificate (26-10F-13(f)).

Inheritance

Altered in both directions. The adoptee is treated as the legal child of each adopting parent with intestate inheritance rights (Ala. Code 26-10F-16(b)), and loses intestate inheritance from or through the biological or legal parents, other than one who is the adopting parent's spouse (26-10F-16(c)).

After the judgment

Within 10 days the judge or clerk sends a certified copy to the State Department of Human Resources and to the Office of Vital Statistics with the report of adoption (Ala. Code 26-10F-17(a)). The original birth certificate is not sealed unless the court orders it (26-10F-17(b)).

Forms

The notice of pendency form is developed jointly by the Administrative Office of Courts and the Alabama Law Institute (Ala. Code 26-10F-9(b)), and the Alabama Report of Adoption Form is among the documents the court needs at disposition (26-10F-13(c)(2)f). The petition itself is drafted by the parties.

Suggested Compliance Checklist

Confirm the age and eligibility gates

Before you draft anything days after starting

Verify the adoptee is 19 or older (Ala. Code 26-10E-2(4)) and identify which of the four conditions in 26-10F-6 applies. Then check the 10 year age gap in 26-10F-5(c) and whether biological relation or a good cause waiver gets you past it.

Decide who the petitioners are

Before drafting the petition days after starting

If you are married, your spouse must be a joint petitioner unless that spouse is already the adoptee's biological or legal parent (Ala. Code 26-10F-5(b)). There may be no more than two petitioners (26-10F-8(b)). Getting this wrong invalidates the filing rather than delaying it.

Draft the sworn consents

Before filing days after starting

Prepare the adoptee's sworn written consent (Ala. Code 26-10F-7(a)(1)). Add guardian, conservator and guardian ad litem consents if the adoptee has been adjudicated incapacitated, and the adoptee's spouse's consent only if the adoptee cannot consent. Attorney review of the consents is available through DocDraft.

Draft the petition for adoption

With the consents days after starting

Include all ten allegations Ala. Code 26-10F-8(a) requires, including the adoptee's proposed new name, any prior court orders affecting the adoption, and the adoptee's spouse's name and address. Use the caption styled In the Matter of the Adoption Petition and have each petitioner sign and verify it.

Order certified records late, not early

Within six months before filing days after starting

Ala. Code 26-10F-13(c)(2) asks for certified birth certificates of each petitioner and the adoptee issued within six months of the petition filing, plus certified marriage documentation for the petitioners and the adoptee where applicable. Records ordered too early can be rejected at disposition.

File in probate court and confirm the cost

When the papers are signed days after starting

File with the probate clerk in the county where the adoptee or the petitioners reside or are in military service (Ala. Code 26-10F-4). Because Chapter 10F sets no filing fee, ask that clerk for the current county total rather than relying on a figure published elsewhere.

Serve notice and file proof of service

Before the dispositional hearing days after starting

Serve everyone listed in Ala. Code 26-10F-9(a) under the Alabama Rules of Civil Procedure, with certified mail to the State Department of Human Resources. Collect written waivers where you can. Proof of service on all required persons must be filed before the hearing (26-10F-9(e)).

Appear at the dispositional hearing

On your hearing date days after starting

Each petitioner and the adoptee appear in person unless the court finds appearance impossible or impractical and allows electronic appearance for good cause (Ala. Code 26-10F-13(b)). Bring the Alabama Report of Adoption Form and proof of incapacity, kinship or the de facto relationship if applicable.

Frequently Asked Questions

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Asset Protection Planning in Alabama (2026)

Dealing With Debt Collectors in Alabama (2026)

Expunging a Criminal Record in Alabama (2026)

Filing a Workplace Harassment Complaint in Alabama

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