It may be possible to adopt a stepchild without consent of the biological parent. However, in Oklahoma, the process of adopting a stepchild typically requires the consent of both biological parents. Here, we’ll explain how you can adopt your stepchild without the other biological parent’s consent and the legal process involved.
Requirement for Consent
Generally, Oklahoma law requires the consent of both biological parents for a stepparent adoption. This includes the parent with custody of the child and the parent who is being asked or court ordered in the adoption case. The law recognizes the rights of biological parents and aims to protect their parental rights. However, there are exceptions where the court may waive the need for consent from one of the biological parents.
- Abandonment: You may not need the biological parent’s consent for the adoption if they have abandoned the child. Oklahoma law defines abandonment as the intentional failure to provide financial support and maintain a substantial and positive relationship with the child for at least 12 consecutive months.
- Failure to Maintain Contact: The court may determine that consent is not required if the biological parent has not maintained regular contact or communication with the child for an extended period. This typically means the parent has not visited, called, or otherwise engaged with the child.
- Failure to Provide Support: If the biological parent has failed to provide financial support for the child, despite having the means to do so, for at least 12 months, the court may waive the need for their consent.
- Incompetence or Unfitness: The court may not require consent if it considers the biological parent incompetent or unfit. This can include situations involving severe mental illness, substance abuse, or a history of abuse or neglect.
- Incarceration: If the biological parent is incarcerated for a significant portion of the child’s life and cannot fulfill their parental responsibilities, the court may consider their consent unnecessary.
If you have questions about whether your situation meets these criteria, reach out a to a family lawyer for help.
Legal Process for Adopting a Stepchild Without Consent
If you’re wanting to continue the process of adopting a stepchild without consent, there’s a certain legal process to follow. The first step in the adoption process is to file a petition for adoption with the court. This petition details the reasons for seeking the adoption and explain why the biological parent’s consent should not be necessary.
Even if you believe consent is not necessary, you must serve notice of the adoption proceedings to the biological parent. This gives them an opportunity to contest the adoption if they choose. The court will schedule a hearing to review the petition and consider the evidence. During this hearing, you must provide proof as to why you think the adoption doesn’t require consent.
If the court finds sufficient evidence to waive the need for consent, it will terminate the biological parent’s rights. This step is crucial as it legally frees the child for adoption. Once the court terminates the biological parent’s rights, it will proceed with the adoption process. You will attend a final hearing where the judge reviews the case and issue a final adoption decree if all requirements are met.
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Tulsa Family Lawyers
Adopting a stepchild without the consent of the biological parent in Oklahoma is possible under certain circumstances, such as abandonment, lack of contact, failure to provide support, incompetence, unfitness, or incarceration. Understanding the legal process and meeting the necessary requirements are crucial for a successful adoption. If you need help, contact the Tulsa step-parent adoption attorneys at Tulsa County Lawyers Group by calling us at (918)–379-4864 or online.
