Stepparent Adoption in Oklahoma: Legal Process Explained

In general, the rules for stepparent adoption in Oklahoma are the same as the rules for any other adoption in Oklahoma. However, there are important differences in stepparent adoption; the biggest difference being that stepparents may be exempt from some or all of the home study requirements.

If you and your spouse are raising your spouse’s child together, you may want to consider adopting your child to confer legal rights on both of you.

The main difference between a stepparent adoption and other adoptions is that is most adoptions, the adoptive parent must complete a home study before the child is placed in the home. However, in a stepparent adoption, the law does not require a preplacement home study if the stepparent has been residing with the minor for at least one year before the date the adoptive parents file the petition.

However, the law still requires that even in a stepparent adoption, the family must complete a home study while the adoption is pending. However, a court may waive the home study requirement, and require no home study at all if:

·         The court finds that waiving the home study is in the child’s best interests

·         The stepparent has been married to the child’s parent for at least one year

·         The child has been residing in the stepparent’s home for at least one year, and

·         The stepparent has not been convicted of a felony, or convicted of child abuse, neglect, domestic violence, and there is no record of a protective order issued against the parent.

Another difference between stepparent adoption and other types of adoption: In all other adoptions, you must be at least 21 years old to adopt. However, if your spouse is a “parent of a relative of the child” then you don’t need to be at least 21 to adopt. So, a stepparent under 21 may adopt a child.

Who qualifies as a stepparent?

Oklahoma law defines stepparent as a spouse, or a surviving spouse, of the minor’s parent. (Thus, if the minor’s parent has died, the deceased parent’s spouse is a stepparent, and may adopt the child in the same manner as if the parent were still alive.)

A new law passed last year gives certain other relatives the same rights as stepparents, where the adoptive parents can avoid a home study if they are adopting a relative. I will discuss this new law in my next post.

What should I do if I want to adopt my stepchild?

Except for the differences I have noted above, the process of adopting a stepchild in Oklahoma is the same as that of adopting any other child. I’ve discussed the process elsewhere on this site, and if you would like a detailed description of how to adopt a child, go to those posts. I will briefly summarize the process here:

First, you need to file your petition in court.

You may file in:

·         The county where the child lives;

·         The county where you live;

·         The county where the termination proceedings were held, if a court has terminated the rights of a parent;

·         Tulsa County; or

·         Oklahoma County.

Make sure your criminal history doesn’t disqualify you from adopting

Before you file your petition, you should make sure that you do not have any criminal history that disqualifies you from adopting a child. In posts here and here, I list the crimes which may bar you from adopting. You also may not adopt a child if you, or anyone residing in your home, is subject to the Oklahoma Sex Offenders Registration Act.

You usually need the consent of both parents

You generally need the consent of any parent who is still alive. There are special laws that describe how consent may be given, read my post about those laws here.

If a parent won’t consent, see if you may adopt the child without the parent’s consent

There are certain circumstances in which you may adopt a child without a parent’s consent. Generally, these circumstances occur if the parent has failed to support the child, failed to maintain a relationship with the child, or has abused the child in some way. In this post, I provide details of when you may adopt a child without a parent’s consent. That earlier post was primarily about adopting without the father’s consent. But most of the laws on adoption without a father’s consent, apply to adoption without a mother’s consent as well.

To adopt without a parent’s consent, you will have to go to trial and prove that the parent has committed actions or inactions that allow you to adopt without consent. You must serve the parent with notice of the trial, and at trial both you and the parent may retain lawyers, provide evidence, and examine witnesses. If the judge rules that you may adopt without consent, then you may proceed with the adoption.

You must complete a medical and social history report

You must also fill out a medical and social history report on the child. This, and other paperwork, is very complicated. The paperwork in an adoption case is so complicated, that I know of very few parents who would be able to handle an adoption without a lawyer.

Do you need an adoption lawyer? Contact the Persaud Law Office

The Persaud Law Office has handled many adoptions, and we have experience in filling out the complex paperwork and handling the sometimes Byzantine procedures of an adoption case. Adoption is one of my favorite areas of law to practice, as it is for many lawyers. If you would like us to help you get started on your adoption, give us a call today.