HB63 Alabama 2026 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

2026 Regular Session

Title

Adoption; de facto parent adoption authorized in certain circumstances

Summary

HB63, Kylie’s Law, would allow a de facto parent to petition for adoption of a child with the custodial parent’s consent, and would treat such adoptions like stepparent adoptions under Alabama law.

What This Bill Does

Allows a person who has acted as a de facto parent to petition to adopt a child if the custodial parent consents to the adoption. Treats these adoptions as stepparent adoptions for purposes of applying the Alabama Minor Adoption Code. Requires the de facto parent to prove their status by clear and convincing evidence across several factors showing their parental relationship with the child. Authorizes a limited investigation into the suitability of the petitioner and home, conducted by designated agencies or professionals, with the investigation report filed within 30 days of filing the petition.

Who It Affects

• De facto parents who have cared for and formed a parental-like relationship with a child and want to adopt, provided the custodial parent agrees.
• Custodial parents and their children, since the custodial parent must voluntarily consent to the adoption and the child would become the legal child of the de facto parent under the stepparent-adoption framework.

Key Provisions

• Creates Kylie’s Law to authorize de facto parents to petition for adoption with the custodial parent’s consent.
• Amends Section 26-10E-26 to authorize such adoptions and to treat them as stepparent adoptions under the Alabama Minor Adoption Code.
• Requires a de facto parent to demonstrate, by clear and convincing evidence, six factors: residence with the child as a regular household member, consistent caretaking, full parental responsibilities without compensation, holding the child out as their own, establishing a bonded parental relationship, and the belief that continuing the relationship is in the child’s best interests.
• Provides for a limited investigation into suitability, to be conducted by the State Department of Human Resources, a licensed child-placing agency, or a licensed social worker; the investigator may be other qualified individuals with good cause, and the report must be filed within 30 days of filing the petition; the act becomes effective immediately.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law