Step-parent adoption is one of the most common forms of adoption in Oklahoma. It allows a step-parent to become the child’s legal parent, with all accompanying rights and responsibilities. While the process is often more streamlined than other adoptions, it still requires strict compliance with Oklahoma statutes and court procedures. Below is a practical checklist of what is typically necessary in a step-parent adoption case.
1. Marriage to the Biological Parent
The step-parent must be legally married to the child’s custodial biological parent. Oklahoma courts require proof of a valid marriage, typically through a certified marriage certificate.
2. Proper Jurisdiction and Venue
You must file the adoption in the appropriate Oklahoma district court, usually in the county where the child resides. The court must have jurisdiction over the parties and the child.
Incorrect venue can delay the process.
3. Consent of the Custodial Parent
The custodial biological parent must provide written consent to the adoption. This consent must comply with statutory formalities and be properly executed before a judge or authorized official.
Once accepted by the court, consent is difficult to revoke.
4. Consent of the Non-Custodial Parent (or Grounds to Excuse It)
One of the most critical components is addressing the rights of the non-custodial biological parent. Either:
- The non-custodial parent must provide valid written consent, or
- The petitioners must prove that consent is not mandatory under Oklahoma law.
Common grounds for excusing consent include abandonment, failure to support, failure to maintain a relationship, or prior termination of parental rights. This is often the most contested part of a step-parent adoption.
5. Child’s Consent (If Applicable)
If the child is over a certain statutory age, Oklahoma law may require the child’s written consent to the adoption.
The court will typically confirm that the child understands the adoption and agrees to it voluntarily.
6. Criminal Background Checks
The adopting step-parent must undergo a criminal background check. Courts review criminal history to ensure the child’s safety.
Certain serious convictions can prevent approval of the adoption.
7. Home Study (When Required)
In many step-parent adoptions, a formal home study may be unnecessary. However, in some cases, the court may require a limited investigation or background review.
Each county may handle this requirement somewhat differently.
8. Petition for Adoption
A formal Petition for Adoption must be filed with the court. This document typically includes:
- Identifying information for all parties
- The legal basis for the adoption
- Statements regarding consent or grounds to waive consent
- A request to terminate the other parent’s rights
Accuracy and statutory compliance are essential.
9. Notice Requirements
If consent is not obtained from the non-custodial parent, proper legal notice must be given. This may involve personal service or, in some cases, service by publication if the parent cannot be located.
Failure to follow notice rules can invalidate the adoption.
10. Court Hearing and Final Decree
A hearing will be scheduled where the judge reviews the petition, consents, background checks, and any evidence regarding termination of parental rights.
If approved, the court enters a Final Decree of Adoption. At that point:
- The step-parent becomes the child’s legal parent.
- The prior non-custodial parent’s rights are permanently terminated.
- A new birth certificate may be obtainable, reflecting the adoptive parent.
A step-parent adoption permanently alters legal rights. It affects inheritance, custody, support obligations, and decision-making authority.
Tulsa Step Parent Adoption Attorneys
A step-parent adoption in Oklahoma requires a valid marriage, proper consents or grounds to excuse consent, criminal background checks, accurate filings, and court approval. While often more straightforward than other adoptions, the process still involves terminating one parent’s legal rights and establishing another’s. For a free consultation with an Oklahoma family lawyer from Tulsa Divorce Attorneys & Associates, call us at 539-302-0303. You can also click this link to ask an online legal question.