A bill pre-filed by State Representative Allen Treadaway, R-Birmingham, would clear the way for adoption by a “de facto” parent.
Dubbed “Kylie’s Law,” Treadaway explained the background that led him to file the bill, HB63.
“Kylie” is an 11-year-old girl that has been through a lot, including a battle with leukemia and several difficult surgeries. And through it all has been her stepfather figure, who began dating her mother when she was just 18 months old. The couple has a child together, but never married.
As the only father figure ever in Kylie’s life, the couple agreed—with Kylie’s enthusiastic blessing—that he adopt Kylie as his legal daughter despite having no biological or marital ties. The family went through the long, arduous process including a home study and everything appeared to be in order.
In court on the day the family expected the adoption to become final, Treadaway said the judge caught an important technicality: giving the man parental rights would terminate the mother’s rights. The news broke their hearts; obviously nobody wanted any parental rights to be lost in the process.
Treadaway filed this bill to change that law, for Kylie’s family and for other situations like it around the state.
“Kylie’s Law” would allow an individual to petition the court for adoption of a child if he or she is a de facto parent of the child and the custodial parent consents to the adoption.
The law defines a “de facto parent” as an individual who:
- Resided with the minor as a regular member of the minor’s household for a significant time period
- Engaged in consistent caretaking of the minor
- Undertook full and permanent responsibilities of a parent of the minor without expectation of financial compensation
- Held out the minor as his or her child
- Established a bonded and dependent relationship with the minor, parental in nature, and another parent of the minor fostered or supported that relationship
- Whom having a continued relationship with the minor is in the best interest of the minor
Basically, Treadaway said, the equivalent of a step-parent who never formalized that relationship through marriage.
A successful petition under the law would treat the de facto parent the same as a step-parent, allowing for the individual to adopt the child without disrupting the biological parent’s rights.
With no apparent opposition from DHR, Treadaway said he is hopeful he can get the bill passed in this session as the home study conducted by Kylie’s family is good for a year.
