A Step-Parent Adoption Can Unify a Blended Family
Over time, blended families tend to blend together more. For some of these families a step-parent adoption of their spouse’s child makes great sense and feels right. In Oklahoma, the legal framework for adoption by step-parents is governed by state statutes, which outline the requirements, procedures, and rights involved in the adoption process. Muskogee courts look toward a number of factors when determining whether to allow a step-parent to adopt.
Consent of the Biological Parents is Required
In a step-parent adoption, the consent of both biological parents is typically required unless their parental rights have been terminated, they have otherwise consented to the adoption, or one of the parents is deceased. (Okla. Stat. tit. 10A § 1-4-103) If a biological parent refuses to consent to the adoption, their rights may be terminated involuntarily by the court under certain circumstances, such as abandonment, failure to support the child, neglect or abuse, incarceration under some circumstances, or a failure to establish paternity .
Step-Parent Adoption Requires a Petition for Adoption and a Hearing
The process begins with a petition for adoption filed by the step-parent seeking to adopt the child. (Okla. Stat. tit. 10A § 1-4-101) The petition must include information about the parties involved, the child’s background, the biological parents’ consent or grounds for termination of parental rights, and any other relevant details.
The petition must be served upon all interested parties including the parent whose rights will be terminated by granting the petition. This gives the parent time to contest the petition if they wish to.
If the biological parent whose rights are not being terminated is married to the step-parent seeking to adopt, the court may terminate the parental rights of the other biological parent. This typically requires a separate legal proceeding and a showing of grounds for termination, such as abandonment, unfitness, or failure to support the child.
If the child is 12 years of age or older, their consent to the adoption may be required by the court, unless the court finds that obtaining the child’s consent is not in their best interests. The court always seeks to honor and promote the best interests of the child. If the adoption is not in the child’s best interest, the court is unlikely to grant the petition.
Investigation and Home Study
Before approving the adoption, the court may require a home study to assess the suitability of the step-parent’s home and family environment for the adopted child. (Okla. Stat. tit. 10A § 1-4-105) A home study typically involves interviews, background checks, and home visits conducted by a licensed social worker or adoption agency. Oftentimes, the child has been living in the home full-time or part-time and so the bond between the parent seeking adoption and the child has been fully established, making this part of the process easier for all involved.
Final Hearing
After the necessary consents have been obtained, parental rights terminated if necessary, and all legal requirements met, the court will schedule a final hearing to approve the adoption. At this hearing, the court will review the adoption petition, ensure that all necessary steps have been completed, and issue a final decree of adoption, legally establishing the parent-child relationship between the step-parent and the child. (Okla. Stat. tit. 10A § 1-4-106.)
Once the adoption is finalized, the adoptive step-parent assumes all rights and responsibilities of a legal parent, including financial support, inheritance rights, and decision-making authority regarding the child’s upbringing and welfare.
These cases are often complex and even small facts matter. It is important to consult with a Muskogee adoption attorney if you are considering a step-parent adoption.
Low-cost Strategy Session With a Muskogee Adoption Attorney
If you are contemplating a step-parent adoption, contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a initial consultation today at (918) 913-0725. If you prefer to contact us by email, use the form at the top of this page. Discover how we can help you achieve your goals.
