Do I Have to Meet Any Legal Requirements as a Stepparent to Adopt?
Child adoption is an amazing moment for both the child and the parent. However, the adoption legal process laws require you to fulfill certain conditions. The end goal of the stepchild adoption process is to get a Final Decree of Adoption. The entire process can be emotional and complex, mainly because of the paperwork involved. However, hiring an adoption attorney Oklahoma will help you to assemble the required paperwork, evidence and have everything filed on your behalf. The process can take six months or more to complete, but you have parental rights similar to a natural parent once the process is complete. In step parent adoptions a Judge can sometimes allow it to proceed faster than six months.
Some of the requirements you need to fulfill are:
1. Marriage
To adopt your stepchild officially, you must be married to their biological parent. If you co-parent with your partner without legally adopting the child, you will have less control over the children’s life because you lack legal parental rights. This means that you don’t have the legal jurisdiction to make decisions concerning children. For example, you cannot give parental permission for your stepchild to attend school functions, sign their medical care, or sign their school forms.
However, before getting into a union with a spouse with children, it’s advisable to discuss your wishes with all parties involved to enjoy a seamless relationship after marriage.
You do not need to be married a year to adopt in Oklahoma.
2. Consent From Biological Parent
A biological parent can consent to the adoption of their child by the step parent. If they refuse to give this consent, you can ask the Court to find that their consent is not necessary. This is a common finding in step parent adoptions in Oklahoma.
Termination of parental rights in Oklahoma is permanent– the noncustodial parent no longer has parental rights over their child.
Oklahoma step parent adoption can be complicated, especially if the noncustodial parent is fighting the request. Working with an adoption attorney Tulsa, will help explain the process clearly to all the involved parties.
Suppose the noncustodial parent has not been in touch with the child for a certain period or neglects their financial responsibility, the adoption process might take longer. In that case, the court can intervene and permanently terminate their parental rights as they cannot bring up their child.
3. Termination of Parental Rights
The natural parent that is not married to the adopting stepparent must have their parental rights terminated before the Court can decree that the child is formally adopted. Sometimes the natural parent can voluntarily consent to the adoption or give up their parental rights.
However, if there are issues with giving consent, adoption lawyers OKC can request to have the case before a judge. The judicial hearing will precede the case and may make a request to terminate the natural parent’s rights.
The judge considers the termination of the natural parent’s right if the following factors are applicable;
- Neglected, abandoned, or abused the child
- An unhealthy relationship with a child
- The noncustodial parent is unable to keep up with parental duties
- Unable to financially support the child
If the parental rights are not terminated, you may request to apply to proceed without the biological parent’s consent. In addition, you may be required to have a pre-placement home study conducted. After you have completed all the necessary procedures, you can apply for a final decree.
Final Decree of Adoption
Adoption attorney OKC will advise you before the final hearing of your adoption petition. For the process to proceed, you need to present,
- The stepchild’s birth certificate
- The natural parent’s consent (or the Court’s Order terminating their parental rights)
- A home study (in some cases this can be waived)
- The list of persons entitled to notice of the adoption
- An affidavit of expenditures
- Your criminal background check
- An Indian Child Welfare Act Notice if the child is Native
If the paperwork is complete and the judge approves, the court will schedule a final hearing. During the hearing, you will need to answer specific statutory questions and the court to make an accurate and complete record of the proceedings. After all the requirements are satisfied, the court will proceed to give you the legal rights, and you will be charged with obligations as the biological parent of the child. Once the proceeding is complete, the child is yours
Ease Your Step parent Adoption in Oklahoma
Lisa R. Howard P.L.L.C. is an adoption and family lawyer emphasizing her practice in guardianship and adoption. We have the experience and patience to guide you through the complicated issues of adoption laws. Contact us today to schedule a consultation about your step parent adoption Oklahoma.