Several amendments to Alabama’s Adoption Code became effective on January 1, 2026. Among the sections amended was § 26-10E-4, which addresses venue. For the purpose of adoption proceedings, venue means the legally proper county and court where a petition for adoption is filed and handled.
What changed? Just one little word. The word “may” was changed to the five-letter word “shall”. The substituted word “shall” is found in a subsection containing a directive about which county an adoption petition is to be filed. The change of this little word can potentially have a big impact on where an adoption petition is filed, and, in effect, how it is handled.
“Shall” is an imperative command, usually indicating that certain actions are mandatory, and not permissive. This contrasts with the word “may” which is generally used to indicate a permissive provision, ordinarily implying some degree of discretion. Before “may” was changed to “shall”, one could, at least arguably, employ broad discretion in regard to what county an adoption petition is filed. Now, discretion is more limited. An adoption petition must be filed in:
(1) The county in which the adoptee is born or resides.
(2) The county in which a petitioner resides or is in military service.
(3) The county in which an office of an agency with custody of the adoptee is located.
However, while the word “shall” was substituted for “may” in one subsection of § 26-10E-4, it remained unchanged in another; thereby ensuring discretion is not eliminated from the decision-making process regarding venue. That section provides that one “may” file an adoption petition in a county different than the one prescribed, if all of the following apply:
(1) Good cause is shown for filing in a different county;
(2) No party objects within 30 days of service of the petition for adoption; and
(3) The selected court determines it is in the best interest of the adoptee to exercise venue.
Determining appropriate venue is one important decision among many when pursuing an adoption. The attorneys at The Adoption Law Firm will walk you through the decision-making process in selecting the appropriate venue for your adoption proceeding.
