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-HB63 INTRODUCED
-Page 0
-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
+FN-U9RYLXX-1
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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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-HB63 INTRODUCED
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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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-HB63 INTRODUCED
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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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-HB63 INTRODUCED
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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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-HB63 INTRODUCED
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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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+FISCAL NOTE
+House Bill 63
+Committee: Judiciary Sponsor: Representative Allen Treadaway
+Analyst: Tiffany Weaver Date: 01/08/2026
+House Bill 63 as introduced would not directly affect state or local funding.