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.

Statutes affected:
Introduced: 26-10E-26, 26-10E-26