There are several ways that adoption proceedings in Oklahoma can initiate. The most common we see are when a step-parent wants to adopt a child. Step-parent adoptions in Oklahoma are often rife with procedural complications. An individual wishing to do this kind of adoption should consult with one of our step-parent adoption attorneys Tulsa. This will give you a better understanding of the requirements needed to ensure success.
The Process of Step-Parent Adoptions in Oklahoma:
The first step is to establish who is going to adopt from who. Next complete a statement of full disclosure with the attorney that establishes the requirements of both the prospective adoptive parent and the attorney you choose. Finally, establish if the parental rights of the biological need termination. The adopting party will need to concurrently file pleadings establishing whether the parent consents to termination of their parental rights. If they do not consent you’ll have to terminate the rights before you can move forward.
A consent to termination must be on the record in front of a judge with the parent giving up their rights. There must be a showing they are fully competent and understand what they are doing. If the termination is for cause, the prospective parents must demonstrate that the case should go forward. This is through two separate hearings. One to establish that consent is unecessary. This happens by showing by that the biological parent is not visiting or paying child support. The required period of time for this is 12 months. The second hearing is to establish that the termination of the parental rights and subsequent adoption are in the best interest of the child.
Differences in Regular and Step-Parent Adoption
In Oklahoma, as in many other states, there are distinct differences between step-parent adoption and regular adoption. Here are some key distinctions:
Step-Parent Adoption:
- Relationship Requirement: In a step-parent adoption, one of the biological parents is usually married to the person seeking to adopt. The adopting party is typically the step-parent of the child.
- Consent: The consent of the noncustodial biological parent (the one not married to the step-parent) is generally a requirement for a step-parent adoption. If the noncustodial parent does not consent, the court may still consider the adoption under certain circumstances. This can include incarceration, significant time spent away from the child, or a history of abuse.
- Termination of Parental Rights: In some cases, the noncustodial parent’s rights may need to be terminated for the step-parent adoption to proceed. This can happen voluntarily through consent or involuntarily if the court determines it is in the best interest of the child.
Regular Adoption:
- No Pre-existing Relationship: In a regular adoption, there is no pre-existing familial relationship between the adopting party and the child. This type of adoption can be done by individuals or couples without any relations to the child.
- Consent: Typically regular adoption requires the consent of the biological parents. If the court terminates the biological parents’ rights, or if the child is in the custody of the state, consent may not be necessary.
- Home Study: Regular adoptions often involve a comprehensive home study conducted by adoption agencies or social workers to assess the fitness and suitability of the adopting parents.
Legal Process:
- Both step-parent adoption and regular adoption involve a legal process that culminates in a court hearing where a judge reviews the case and either grants or denies the adoption.
- The legal requirements and procedures may vary, so it’s essential to follow the specific guidelines laid out by Oklahoma state law.
Legal Representation:
- In both types of adoption, it is common for the adopting party to seek legal representation to navigate the complex legal process.
It’s important to note that adoption laws can change, and specifics may vary depending on the individual circumstances and the state’s legal requirements. If you are considering adoption, it is advisable to consult with an attorney or legal professional familiar with Oklahoma adoption laws to get accurate and up-to-date information tailored to your situation.
You may be interested in changing your childs name after adoption, here’s how.
Timeline of Adoption:
Oklahoma Adoption proceedings can also be fairly lengthy, with some adoptions taking over a year to finalize. This delay between filing for and the approval of adoption is because the court requires that the prospective adoptive parents undergo highly detailed background checks. Delays may happen in the final because of the following:
- It might require a pre-placement home study;
- A 6 month temporary order or interlocutory decree for adoption is necessary; or
- It needs a post-placement home study.
These might happen to see if in fact that the adoption is in the child’s best interest. A court will almost always defer to the needs of a child versus the wants of the adult parties.
Contact Our Step-Parent Adoption Attorneys Tulsa:
If you are a step-parent, with an interest in adopting your child call for your free consultation. Our Step-parent adoption attorneys Tulsa care about you and can help. We’ve helped our clients accomplish adoptions for over a decade.