Step Parent Adoption

If you are seeking to legally adopt the child(ren) of your spouse, you are not alone. 

Adoption by a stepparent is the most common form of adoption. However that unfortunately doesn’t mean it is uncomplicated.

Stepparent Adoption Process in Oklahoma

  1. The stepparent must file a petition to adopt with the proper court. This can be done in the county where you live or in the county the child lives. Your spouse must agree to the adoption.

  2. The stepparent must file an application to terminate the parental rights of the biological parent of which can be where the issues arise depending on the situation with the other biological parent. In order to resolve this, presuming the child has another legal parent or biological parent, it will be necessary to obtain consent from the other parent or a termination of parental rights through a court order

  3. Upon all proper notice, termination of parental rights, and related necessary reports to the court the adoption orders will be made at the Finalization Hearing in which you, the parent, child, and family members can participate in the joyous day.

Termination of Parental Rights

Consent 

The easiest way to terminate the parental rights of the other current parent is through a mutual agreement. Some parents are open to relinquishing their rights, but every case is different. The other parent may be willing to consent given that the final order will end their obligation to pay future child support. Please note that if the other parent is deceased you only need the consent of your spouse.

Termination of Parental Rights through Court Order

Not every parent will be willing to voluntarily sign away their parental rights, however. Under certain conditions, the court will terminate the parental rights of a natural parent without their consent.

The termination of parental rights requires a court hearing, and it is strongly recommended that you have legal counsel to represent you.

Final Orders in an Oklahoma Stepparent Adoption

When every requirement is met, the court will set a final hearing in which your attorney will ask you a series of formal questions regarding the adoption. At that hearing, the judge will sign the final order of which legally grants you you the rights and responsibilities of a parent.

 Legal Effects of Adoption in Oklahoma

Under Oklahoma law, the adoption of a stepchild confers onto the stepparent all the rights and responsibilities of a birth parent - you will have the same rights under the law as if you were the child's natural parent. In addition to the rights regarding custody and parental decision-making that a stepparent will gain, there is also a financial responsibility that attaches as well.

As an adoptive stepparent, you will be charged with providing for the child's emotional, mental, physical, social, educational, and financial needs. The child will also inherit from you as if they were your own natural child. 

Changing the Surname of an Adopted Child

Should you choose to change the child’s surname, last name, during the adoption process it is important to let the attorney know so they can include the request in the requests and court orders. Once the court grants the request to change the surname at the finalization hearing then it will be necessary to amend the birth certificate.

To amend an Oklahoma birth certificate, the final adoption decree must reflect the name change. Once the Oklahoma State Department of Health receives a copy of the final decree, they will make the necessary changes to state records. This process is usually relatively short and simple.