Oklahoma Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed November 05, 2024
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Adoption is a joyous occasion for the prospective adoptive parents and the child, but several legal hurdles can complicate the process. States regulate the adoption process. There are requirements for adults who wish to adopt, consent requirements for adoptees, home residency requirements, and other factors relating to adoption.
This article discusses Oklahoma adoption laws. Read on to learn what to expect during the adoption process.
Types of Adoption in Oklahoma
In Oklahoma, several types of adoption cater to different family circumstances. Each adoption type adheres to specific legal requirements designed to protect the best interests of the child.
- Private Adoption: A private adoption is a direct arrangement between prospective adoptive parents and birth parents, often with the help of adoption agencies.
- Foster Care Adoption: This allows foster parents to adopt children from the foster care system through state agencies.
- Stepparent Adoption: This is when a stepparent adopts their spouse’s child. This often requires the consent of the biological parent.
- Relative Adoption: Relative adoption is when a family member, like a grandparent or aunt, adopts a child. This type features a streamlined process due to family ties.
- Open Adoption: Open adoptions maintain ongoing contact between the adoptive family and birth parents, allowing for a flexible relationship.
- Indian Child Welfare Act Adoption: This Act ensures that adoptions of Native American children honor their cultural heritage, following specific legal procedures.
Oklahoma Adoption Laws: Review
Oklahoma Adoption Code Sections |
Oklahoma Statutes Title 10 - Children Chapter 75 - Oklahoma Adoption Code
|
---|---|
Who May Be Adopted |
Any person; any adult with his consent |
Age at Which a Child's Consent Is Required |
12 years and older |
Who May Adopt |
Husband and wife; either if the other spouse is the parent of the child; unmarried person 21 years or older; married person 21 years or older who is legally separated from a spouse |
Home Residency Requirement Prior to Finalization of Adoption |
Six months; court can make a discretionary ruling |
State Agency/Court |
Oklahoma Department of Human Services/District Court |
Statute of Limitations to Challenge |
One year |
Note: State laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify current Oklahoma adoption laws.
Oklahoma’s Adoption Process
In Oklahoma, prospective adoptive parents must first undergo a home study, which includes background checks and evaluations by a social worker to assess the suitability of their home environment.
After completing the home study, prospective parents must file a petition for adoption with the district court in the county where either the petitioners or child reside. The process involves obtaining parental consent from the biological parents or their legal termination of parental rights, including a putative father registry check if applicable.
Once an adoptive placement is made, there is a six-month waiting period during which the child's transition into the adoptive family is monitored. The finalization occurs through a court order, culminating in the issuance of an adoption decree and a new birth certificate for the adopted child.
Oklahoma Adoption Laws: Related Resources
State standards and regulations concerning adoption are complex and subject to change. FindLaw's Adoption Laws section offers a review of some of these laws and a general overview.
Looking To Expand Your Family in Oklahoma? Get Legal Help With an Adoption
Adoption is a complicated process. Many state and federal laws govern adoption. An attorney will help you navigate the rules and the legal system. They will help review your case, provide helpful legal advice, and advocate for you and your future child.
If you would like legal assistance with an adoption case, reach out to an experienced Oklahoma adoption attorney. They can examine your options during a consultation and help you with the process.
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