The adoption of a stepchild can be one of the most amazing times in both the step-parent and stepchild’s life. Step-parent adoption in Oklahoma is to say that they are essentially your natural-born child and have all inheritance rights.
The adoption ceremony can be quite emotional and special. It can give your stepchild emotional security and a sense of belonging. By adopting your stepchild you reaffirm your commitment to the family, both your stepchild and your spouse.
However, before you get to the ceremony stage, the step-parent adoption process can be tricky, and hiring an adoption attorney is necessary. In some instances, forms are not provided to simply fill out during this process, and specific factors must be plead and proven in the filings.
The following are the specific issues that you and your adoption attorney will discuss when preparing your case and proceeding with the step-parent adoption.
Requirements
In order to adopt your stepchild, the step-parent must be legally married to the biological parent for no less than one year. Both the step-parent and biological parent must be present during the adoption process.
This type of adoption is defined as a “related adoption,” which is a much easier process that an “unrelated adoption,” where no familiar relationship exists.
If the child is older than 12, then they will sign a adoption consent form once the judge approves the step-parent adoption.
Biological Parents Consent
The biggest roadblock that will occur in your case is getting the consent of the other biological parent for the stepparent to adopt their child. However, it is not necessarily the consent that is difficult to obtain, rather it is the consequence of giving consent.
Once a biological parent consents for a step-parent to adopt their child, the biological parent is basically terminating their parental rights. This is often difficult for many biological parents to accept, especially since this is a permanent termination.
Having your adoption attorney involved in the process helps explain to all parties involved how adoption would be what is best for the child. When consent is explained in such a way that allows the parent giving up their rights the ability to see it is what is best, then all involve benefit.
Termination of Parental Rights
If the biological parent gives consent for the step-parent adoption, then their parental rights are terminated. However, if you and your attorney are unable to obtain consent, then you can go the court and ask a judge to terminate the parental rights of the other biological parent.
The judge has discretion to remove these rights from the biological parent if the following factors apply:
- Parent not able to keep up with parental duties;
- Unable to keep up on financial responsibilities;
- Unhealthy relationship with child;
- Abused, neglected or abandoned the child.
Where to File
Your adoption attorney will advise you to file in the county of the step-parent’s residence. The paperwork for a step-parent adoption can be overwhelming, however a skilled adoption attorney can assemble and complete the forms with you and file them on your behalf.
Initial Consultation with a Tulsa Divorce Lawyer
An experienced Tulsa adoption attorney can help you through the adoption, especially the often emotionally charged termination of parental rights hearing.
Meeting with an adoption attorney will help you understand the process more thoroughly and be better prepared.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma adoption process.
For a low-cost confidential consultation, call now: (918) 924-5526.