§ 26-10E-26 — Stepparent Adoptions

A stepparent of the adoptee may petition for adoption of an adoptee under this chapter, except that:
(1) Before the entry of the final judgment, the adoptee must have resided for a period of one year with the stepparent petitioner.
(2)a. A limited investigation shall be conducted to determine the suitability of the stepparent petitioner and the home in which the adoptee resides, and the report of the investigation, which shall include, but is not limited to, all of the following:
1. Excluding the legal parent of the adoptee, letters of suitability pursuant to Chapter 13 of Title 38 for each adult living in the home of the petitioner or petitioners based on the information available in this state.
2. Excluding the legal parent of the adoptee, child abuse and neglect clearances pursuant to the Adam Walsh Child Protection and Safety Act, Public Law 109-248, as amended, for all household members 14 years of age and older from any state in which any petitioners have resided in the preceding five years.
3. Excluding the legal parent of the adoptee, a printed copy of the search on the Dru Sjodin National Sex Offender Public Website for all household members 14 years of age and older.
4. A home safety inspection indicating that the home of the petitioner or petitioners is safe for adoptee’s residency.
b. The limited investigation may also include other information required by Section 26-10E-19 as directed by the court. The limited investigation shall be filed with the court within 30 days of the date of the filing of the petition.
(3) The court, in its discretion, may:
a. Require additional information; and
b. Allow a deviation in the investigation requirements, for good cause shown, only as it relates to any household members 14 years of age and older. Good cause must be demonstrated on the record with, at minimum, an affidavit from the investigator as to why the deviation is warranted.
(4) The investigative report shall be submitted in a form developed by the Alabama Probate Judges Association and the Alabama Law Institute. The investigative report shall contain information obtained within 12 months preceding the hearing on the final judgment of adoption.
(5) The investigation shall be performed by one of the following:
a. The State Department of Human Resources.
b. A licensed child-placing agency.
c. A social worker licensed by the Alabama Board of Social Work Examiners who is also certified by the Alabama Board of Social Work Examiners for private independent practice in the social casework specialty, as provided in Section 34-30-3.
(6) Other than those individuals and entities listed in subdivision (5), the court on its own motion may order the investigation be performed by an alternative individual or entity when the court has cause to believe the investigation is insufficient.
(7) When an investigation has been conducted, the investigative report shall not be conclusive but may be considered along with other evidence.
(8) The court may order the appointment of a court representative to investigate and evaluate any matters relating to adoption, including the best interest of the adoptee.
(9) No report of fees and charges under Section 26-10E-22 shall be made unless ordered by the court.

Legislative History

(Act 2023-92, §1; Act 2025-407, §1.)