Can My Partner Adopt My Child if We are Not Married?

Complications in the issue of adoption can lead to many debates over the legality of adopting another person’s child — your partner’s child. The law has made it clear that an unmarried couple in Oklahoma cannot legally adopt a child together.

However, once a couple is married the stepparent can adopt their spouse’s child.

If you have wondered how to adopt a stepchild in Oklahoma, you can learn all about step parent adoption in Oklahoma right here.

It is the best decision to have an Oklahoma adoption attorney like Lisa R. Howard P.L.L.C. familiar with all the nuances of Oklahoma state law, so you have the best chance for success.

Step Parent Adoption

Step parent adoption or second parent adoption is where the adopting parents consist of one biological parent and one non-biological parent.

The non-biological parent is the step parent.

In a step parent adoption, one of the child’s biological parents gets re-married to someone who is not the child’s biological parent. In some cases, when the couple gets married, the child’s adoption will have the legal ability to move forward, and the stepparent will then become the child’s legal guardian and parent.

Requirements to Adopt in Oklahoma

Legal adoption effectively terminates a child’s relationship with its biological parent through termination of parental rights, while establishing the current couple as its new parents. Following a legal adoption, it creates all the natural rights between the new parents and child. It can happen with formal custody, inheritance, and child support.

Adoption laws vary from state to state, but in Oklahoma, either singles or couples can legally adopt, provided they comply with certain conditions that include but are not limited to.

  • Single or the couple must all be at least 21 years of age
  • If the biological parents are still alive, their rights must be terminated
  • If the child is twelve or over, they must also consent to the adoption

Can my husband adopt my child if we are not married? Can my wife adopt my child if we are not married?

In Oklahoma, a couple must be legally married to pursue step parent adoption.  There is no time limit on how long you must be married.  You do not need to be married a year to file for stepparent adoption.

An Adoption Attorney Can Help You

Sometimes adoption proceedings can go very smoothly and efficiently in Oklahoma, especially when parents are fit — they can provide a wholesome living environment and pass all the legal aspects.

However, there are many other occasions when it is not so cut-and-dried, and complications might bog things down or make the result questionable.

These are the cases where it would behoove you to have access to an experienced adoption attorney like Lisa R. Howard P.L.L.C. If you want to give yourself the best chance of adopting a child to complete your family, contact Attorney Howard today to arrange for a free consultation.

Lisa R. Howard P.L.L.C. is a adoption lawyer in OKC fighting for and protecting families. She is an experienced litigator who brings compassion for her clients and aggression to the Courtroom. Set up a consultation with us.  We offer both virtual and in-person consultations.

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Law Office of Lisa R. Howard PLLC
7 S. Mickey Mantle Drive, Ste. 385
Oklahoma City, OK 73104

Mailing Address:
P.O. Box 12428
Oklahoma City, OK 73157

Phone: (405) 943-2500
Mobile: (405) 249-3080

Disclaimer: The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter.