5 Important Adoption Laws in Oklahoma
Adoption is a complex and sometimes rigid legal process that permanently places a child with a family. Once an adoption is complete, the adoptive parents have the same rights, responsibilities, and duties to the child as the birth parents would have had. Adoption can bring peace of mind and a better quality of life for everyone involved. However, if done improperly, an adoption proceeding can end in heartache. Whether you hope to expand your family or are considering an adoption plan for your baby, it is essential that you understand the adoption laws in Oklahoma. In most cases, prospective parents must:
- Complete fingerprinting, background and reference checks, and a medical exam
- Be in reasonably good health
- Have no history of child abuse, neglect, or sexual abuse
- Be able to meet the family’s financial needs
- Complete resource family orientation and education
- Provide sufficient space for the child
Hiring a family lawyer can help you navigate Oklahoma’s adoption laws. Let’s take a look:
5 Oklahoma Adoption Laws You Need to Know
1. Anyone 21 or older may adopt
Oklahoma adoption laws require prospective parents to be 21 and older to adopt.
2. A home study is generally required
Anyone in Oklahoma that wants to adopt must first be approved through a home study, which helps ensure a match between the adoptive parents and child. Oklahoma requires the home study to be performed by a licensed home study professional.
3. Background checks are mandatory
All states, including Oklahoma, require background checks that may include criminal records checks. They may also check any child abuse and neglect registries in Oklahoma or other states. Oklahoma requires fingerprint-based background checks for private adoptions.
4. Any eligible child or adult may be adopted
In addition to the traditional adoption of a child, 10 OK Stat § 10-7507-1.1 (2016) states that an adult may be adopted by another adult. People adopt adults for a number of reasons, including the adoption of a stepchild or former foster child. Adult adoption also allows the adoptive parent(s) to make decisions on behalf of a disabled or incapacitated adult.
5. Both birth parents must consent to the adoption in most cases
Both the birth mother and birth father must consent to the adoption unless one parent has died or has had their rights legally terminated. A mother can only consent to the adoption after the birth of the child. Fathers of children born in wedlock can only consent to adoption after the child is born. Putative fathers or presumed fathers can execute consent before or after the birth of the child.
Parental consent is not needed if a putative father fails to prove that the child is his, or he hasn’t exercised his parental rights. Consent is not necessary if the parent has willfully refused, failed, or neglected to support the child or maintain a relationship with the child for 12 of the 14 months immediately preceding the adoption petition.
Contact Our Family Law Attorneys For More Information About The Adoption Process
For more information about important adoption laws in Oklahoma, consult Brown & Gould. We understand that the adoption process can be overwhelming – our family lawyer in Oklahoma can help make your adoption go smoothly and have the happiest ending possible.
