Legal Question in Family Law in Oklahoma
Having Your New Spouse Adopt Your Child
I am the mother of a four year old son. His biological father had his parental rights terminated. I don't even know where he is. I am remarried. My new husband is the only father my son had known. He would like to adopt my son.What do we need to do? I am having a hard time getting a local attorney answer my question.
Thank you.
1 Answer from Attorneys
Re: Having Your New Spouse Adopt Your Child
If the biological father's parental rights have already been terminated(which would be unusual) you simply need to proceed with a petition for adoption. If the biological father's parental rights have not been terminated, you will need to file a petition for adoption "without consent". This means that you are seeking to have the adoption granted even if the biological father objects. To be successful you must fall within one of the statutory grounds and convince the court that the adoption is in the best interest of your child. You will need to consult with an attorney experienced in adoptions to determine if one or more of the statutory grounds for an adoption without consent are present. If your son's father has not had any contact with him for 4 years(and you haven't done anything to prevent any contact) then I feel your chances of success are very good.