Adoption Changes Lives
Adopting a child is a life-changing experience for you, your family, and for the child. Adding a child to your family — whether your first or fifth — changes the dynamics and emotional makeup of your life. And if you are giving up a child for adoption, you want to make sure that your child goes to a good home to be loved and nurtured as they grow. Finally, there are times when blended families choose to adopt the children of their spouse. Oklahoma law provides a legal framework for adoption that protects the interests of everyone involved in the adoption process. You will want help through the process. Finding an experienced Tulsa adoption attorney, who is both knowledgeable about the law and compassionate, can make all the difference for you and for your child.
Having the right attorney by your side during this time can provide you with confidence and a worry-free experience. If you are thinking about adopting, or have questions regarding the process, contact a Tulsa adoption attorney at the Divorce of Tulsa Law Office for a free and confidential consultation at (918) 924-5526.
Oklahoma Law and Adoptions
When an adoption is completed, the adoptive parents now have the same rights, duties and privileges toward the child that the original birth parents before the adoption. Adoptive parents legally and emotionally accept the adopted child as their own. Legally, an adoption terminates the rights of the birth parents and gives those rights to the adoptive parent or parents. The birth parents rights can be terminated by the consent of both birth parents, but sometimes, those rights are terminated in a separate court proceeding when the birth parents are deemed unfit.
You may wonder if you are eligible to adopt a child. In Oklahoma, you must be at least 21 years old to adopt a child. You can be married or single. And although the laws are fairly new in Oklahoma, single LGBT and same sex couples can now adopt a child as well in Oklahoma. In addition, a step-parent is eligible to adopt the children of their spouse.
There are different types of adoptions in Oklahoma, and each has its legal technicalities that must be adhered to. Sometimes, an adoption can be arranged with the consent of both birth parents and adoptive parents. This is called a voluntary adoption.
In a voluntary adoption, the two sets of parents can determine if the birth parents will have a role in the child’s life after the adoption, and if so, what the scope of that role might be. This is a contractual arrangement. These birth parents are often involved in selecting the adoptive parents. Your Tulsa adoption attorney can help every step of the way through this process.
Often an agency is involved in the adoption. If that is the case, the agency is instrumental in matching adoptive children with adoptive parents.
A court adoption procedure is long and complicated. During the process, the court wants to ensure that the adoptive parents are able to care for the child both emotionally and financially. The court also wants to ensure that adoptive home is stable and nurturing for the child. To that end, the adoptive parents go through pre-adoptive training and full criminal and background checks to ensure that the child will be safe in the new home. The court may also order a medical evaluation of the prospective parents. The home may be inspected and the court may ask for character references as well.
As an adoptive parent, you are entitled to a complete medical and social history regarding the child and medical issues of the birth parents that could affect the child’s health.
Since adoptions both terminate and bestow rights, courts are careful to ensure that the child will thrive in their new environment. Some adoptions require a contract. Others begin with an agency match and the court proceeding. Thus, the attorney’s role is somewhat flexible depending on the type of adoption and the issues involved. In some cases, the birth parents’ consent may be an issue. In other cases, those rights have already been terminated.
In all cases, you will have questions and concerns that your Tulsa adoption attorney can help you with.
Oklahoma allows adoptive children to discover the name of their biological parents on their birth certificate after a certain age — unless a birth parent formally stipulates otherwise. Oklahoma adoption laws grant adoptive parent an absolute parental role, including the authority to exclude biological parents from visiting the child, even if there is an informal visitation agreement. In some cases, where a child has lived with a biological parent prior to adoption, the court may set up visitation rules that must be followed.
Other Adoption Issues
In Oklahoma, adoptions sometimes involve families and children of an American Indian tribe. Tribal law is somewhat different and it is helpful to have an attorney well-versed in tribal law if the adoption involves a tribal member. In addition, it is common for an adoption to take place over state or international borders. These adoptions are more complicated and a knowledgeable attorney is a must.
Adoptions can involve adult persons. These adoptions occur often to enable the adult to inherit from the adoptive parent. These adoptions are not common, but they require specialized training and experience.
Finally, there are circumstances in which an adopted child may legally discover the names of his or her birth parents. And infrequently, even in the most textbook adoption, things can go wrong. This can happen in a voluntary adoption when the birth parents remain involved. Sometimes, after the adoption, the court needs to step in an clear up the roles of both sets of parents.
Initial Consultation With a Tulsa Adoption Attorney
This is an exciting and demanding process no matter the circumstances. Bring your questions and concerns to someone you trust.
Call the Divorce of Tulsa Law Office today for a initial consultation at (918) 924-5526.