Are you thinking about growing your family through adoption? Adopting a child is a deeply rewarding experience. But it can be complicated – especially for LGBTQ+ people in traditionally conservative states like Alabama. Having a knowledgeable lawyer by your side can make all the difference during this process. Here’s what you need to know about how LGBTQ+ adoption works in Alabama and how a family law attorney can help you on your way to becoming an adoptive parent.
What Are the Adoption Laws in Alabama?
The Alabama Adoption Code aims to provide a secure and stable process for placing children with adoptive families. This code applies to everyone, including LGBTQ+ people looking to adopt.
The law allows any adult 19 years old or older to adopt. This includes single adults and married couples. Same-sex married couples can adopt in Alabama since the Supreme Court has ruled that states must allow and recognize same-sex marriages and their married rights. Adoptive parents must pass background checks and complete home studies to ensure a safe environment for adoptive children.
Children 14 and older must consent to their own adoptions, but younger children’s consent is not required. The court needs consent from the child’s legal parents or the Department of Human Resources (DHR) if their rights have been legally terminated.
Alabama’s adoption process focuses on the best interests of the child. The court assesses every adoption case to ensure that the adoption serves the child’s needs and places them in a loving, stable home.
Legal Challenges for LGBTQ+ Adoption
Adopting a child as an LGBTQ+ couple in Alabama can come with specific legal challenges that are important to recognize and prepare for.
Varying Interpretations
One significant challenge is the variability in how different courts may view LGBTQ+ adoptions. Even though state laws allow for such adoptions, individual judges might apply their own interpretations, which can lead to inconsistencies. This situation may result in delays or additional requirements for LGBTQ+ couples compared to other adoptive parents.
The interpretations of adoption laws can also vary significantly across different counties in Alabama. Some jurisdictions might not be as accustomed to or supportive of LGBTQ+ adoptions. This can make the legal process unpredictable and require more comprehensive preparation in some locations.
Establishing Legal Ties
Another particular challenge for adoptive LGBTQ+ couples in Alabama is making sure both parents establish legal ties to their child during the adoption process. This step is crucial in case of a possible future separation or divorce. If both parents’ rights are not legally recognized from the start, disputes over custody or visitation can arise later.
Religious Adoption Agencies
Unfortunately, Alabama law does allow faith-based adoption agencies to discriminate against LGBTQ+ people trying to adopt. They are not required to do anything that would conflict with their religious beliefs, including allowing same-sex couples to adopt.
Understanding these challenges and preparing for them with competent legal help can significantly help manage the adoption process. An LGBTQ+ adoption lawyer from Leigh Daniel Family Law can protect your rights through every step.
Steps in the Adoption Process for LGBTQ+ Couples
In Alabama, all couples must follow several steps to adopt a child. Here’s a breakdown of the process:
- Check your eligibility – First, you must ensure you meet Alabama’s adoption requirements. To adopt, you must be over 19 years old. If married, your marriage should be at least three years old, and at least one partner must be a U.S. citizen. You need a stable living environment and enough space in your home for a child. You must also be healthy enough to meet a child’s needs.
- Complete an application – If you determine that you are eligible, the next step is to complete the adoption application. You can start this process by contacting the Alabama Department of Human Resources. They can send you an application form, which you will fill out and return. This form collects information about your background, home environment, and reasons for adopting.
- Attend training – Alabama requires prospective adoptive parents to attend training sessions. These sessions, known as Trauma Informed Partnering for Permanence and Safety (TIPS) meetings, cover various topics. These include the impact of adoption, managing behavior, and dealing with loss and separation.
- Complete a home study – Next, a social worker will visit your home to conduct a home study. This involves interviews with you and other household members. The social worker will assess your living conditions, lifestyle, and interactions within the household to ensure you can provide a safe and supportive environment for the child.
- Match with a child – Once approved, you will receive information about children who need adoptive families. This is your chance to find a child whose needs you can meet and who would be a good fit for your family.
- Participate in pre-placement visits – Before finalizing the adoption, you will have pre-placement visits with the child. These visits help you and the child adjust to each other. It’s an opportunity to start bonding and integrating the child into your home.
- Legalize the adoption – The final step involves legal proceedings in Alabama’s probate court to make the adoption official. After the court sanctions the adoption, you will receive a new birth certificate for the child that lists you as the parent(s).
The Role of a Family Lawyer in LGBTQ+ Adoptions
Working with an experienced family lawyer is essential when considering adoption, especially as an LGBTQ+ person or couple in Alabama. An Alabama family lawyer with experience in family and adoption law can provide support and services tailored to your unique circumstances by:
- Evaluating the specific adoption laws in your county to prepare for any legal challenges
- Completing and filing all necessary adoption paperwork for you
- Representing you in court to advocate for your rights as prospective parents
- Conducting legal research to support your case and overcome any potential hurdles
- Coordinating with social services and adoption agencies to streamline the process
- Preparing you for home visits and interviews with social workers
- Addressing any legal issues related to the biological parents’ rights
- Advising you on the implications of the adoption for future custody arrangements
- Pursuing a second-parent adoption if one partner is the biological parent
- Providing legal counsel in case of a dispute or challenge to the adoption
- Confirming all legal protections are in place for your family after the adoption is finalized
Talk to Our Experienced Alabama Family Lawyers
Are you ready to start your adoption journey as an LGBTQ+ person or couple in Alabama? The process can have its challenges, but you don’t have to overcome them alone. The Alabama adoption lawyers at Leigh Daniel Family Law are here to help. We have over 30 years of experience helping Alabama families, who say we have a “knowledgeable, caring, professional and personable attorney and staff.” Contact us today for a consultation to discuss your unique situation and see how we can assist you. Let’s work together to make your dream of parenthood a reality.
