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HB63 INTRODUCED
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HB63
I3RY3ZZ-1
By Representative Treadaway
RFD: Judiciary
First Read: 13-Jan-26
PFD: 13-Nov-25
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I3RY3ZZ-1 10/27/2025 GP (L)lg 2025-3111
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PFD: 13-Nov-25
SYNOPSIS:
Existing law does not provide a mechanism for an
individual to adopt a child while maintaining the
parental rights of the child's biological parent,
except in cases of stepparent or relative adoptions.
This bill would create Kylie's Law and authorize
the court to allow an individual to petition for
adoption of a child if he or she is a de facto parent
and the custodial parent of the child consents to the
adoption.
This bill would treat such adoptions as
stepparent adoptions for purposes of applying the
Alabama Minor Adoption Code.
This bill would also require an individual to
establish that he or she is a de facto parent by
presenting clear and convincing evidence of certain
factors related to the individual's relationship with
the child, such as that the individual engaged in
consistent caretaking of the child, held the child out
as his or her child, and established a parental
relationship with the child.
A BILL
TO BE ENTITLED
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TO BE ENTITLED
AN ACT
Relating to adoption; to amend Section 26-10E-26, Code
of Alabama 1975, as last amended by Act 2025-407, 2025 Regular
Session; to create Kylie's Law; to provide a mechanism for a
court to allow an individual claiming to be a de facto parent
to petition to adopt a minor as if he or she were a
stepparent; to require the custodial parent of the child to
voluntarily agree to the adoption; and to establish factors
that an individual must satisfy to qualify as a de facto
parent for purposes of adoption.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
Kylie's Law.
Section 2. Section 26-10E-26, Code of Alabama 1975, as
last amended by Act 2025-407, 2025 Regular Session, is amended
to read as follows:
"§26-10E-26
(a) 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:
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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
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(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.
(b)(1) For good cause shown, the court may allow an
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(b)(1) For good cause shown, the court may allow an
individual who is not the stepparent and who is a de facto
parent and has the consent of the custodial parent of a minor
to file a petition for adoption under this chapter. To qualify
as a de facto parent, the individual must demonstrate all of
the following by clear and convincing evidence:
a. The individual resided with the minor as a regular
member of the minor's household for a significant time period.
b. The individual engaged in consistent caretaking of
the minor.
c. The individual undertook full and permanent
responsibilities of a parent of the minor without expectation
of financial compensation.
d. The individual held out the minor as his or her
child.
e. The individual established a bonded and dependent
relationship with the minor, parental in nature, and another
parent of the minor fostered or supported that relationship.
f. Continuing the relationship between the individual
and the minor is in the best interest of the minor.
(2) A petition allowed under this subsection shall be
treated as if the petitioner were a stepparent and the minor
were a stepchild. "
Section 3. This act shall become effective immediately.
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