Adoption

Generally, yes. Oklahoma law requires the consent of both parents, with specific exceptions. A court can find that a parent’s consent isn’t required in certain situations. For example, a parent’s consent may not be required if, for 12 consecutive months out of the 14 months before the adoption petition was filed, the parent willfully failed to support the child, according to their financial ability, or failed to maintain a substantial and positive relationship with the child. The person asking to adopt must prove the exception, and even then the court must separately find that the adoption is in the child’s best interests.

To adopt in Oklahoma, a person generally must be at least 21 years old. Single people and married couples can both adopt. The person seeking to adopt must also show the court that they are fit to adopt, typically by showing adequate health, finances, and living arrangements for the child. You don’t need to be related to the child to adopt, although adoptions by non-relatives often take longer.

A stepparent adoption is when the spouse of a child’s parent adopts that child. The parent keeps their rights, and the child gains a second legal parent. Because the child is already living in the family, some requirements are relaxed, and a court may waive the home study in some cases. The child’s other birth parent still has to be addressed: either they consent, or the court finds their consent isn’t required. That is often the most important part of the case.

Usually, yes, but not always. A home study reviews the home and background of the person adopting, and Oklahoma law generally requires one. A court may waive it in some cases, such as when the child has lived with the person adopting for at least a year and no one in the home has a record of certain offenses, such as child abuse, neglect, or domestic violence. Waiver is generally limited to stepparents and immediate relatives.

A tribe’s involvement can make an adoption more complicated. If a child is a member of a tribe, or may be eligible for membership, that must be disclosed to the court. The tribe is then entitled to notice, as are certain other parties, such as the Bureau of Indian Affairs. Federal and Oklahoma law also set placement preferences, which can favor extended family or other tribal members unless the court finds good cause. A tribe may also intervene to dispute a proposed placement, which can lengthen the case and increase its cost.

If you have received notice that someone wants to adopt a child without your consent, don’t ignore it. You have the right to respond and to contest the request, and deadlines apply, so it’s important to talk with an attorney right away. A court can find that a parent’s consent isn’t required only in narrow circumstances, and the person asking to adopt has the burden of proving that those circumstances exist. Even then, the court must separately find that the adoption is in the child’s best interests.