Legal Question in Family Law in Oklahoma

Adoption by Step-Parent

My son is 15 years old. He was born after my divorce, but fathered by my ex-husband. My ex-husband denies paternity, and we have no desire to prove it to him (he's not that great a dad anyway).

My son has told my husband of 7 years that he would like him to adopt him. The biological jerk has NEVER paid child support for my son.

1) Does the jerk have to be notified of the adoption? or even give his permission? (he is on the birth certificate, as required at the time by Oklahoma law if mother has been divorced less that 10 months) 2) How much does it cost? 3) How long does it take?


Asked on 12/19/97, 12:57 pm

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Adoption by Step-Parent

I'm not licensed in your state, so I am going to limit my responses to matters that are controlled by U.S. Constitutional law and some comment on what the law is in most states, though perhaps not in your state.1st -- Yes, he has to be notified of the adoption, even if he is a jerk. This is a matter of Constitutional law. He has a Constitutional right to parent his child and the state will not be allowed to terminate that right without his knowledge so he can appear in court to fight it if he wants. He has to be allowed a chance to present his side. This is at the heart of what is called "due process."2nd -- No, in most states he would NOT have to give his approval, and adoptions happen every day without parental approval, with the court terminating their parental rights because the parent has effectively given up his parental rights through his behavior -- failing to pay child support and maintain contact with the child are the two most frequent reasons3rd -- Cost can vary from $500 to $50,000 PLUS if a parent aggressively fights the adoption. You need to talk with attorneys to find out what they will charge and then get their fee agreement in writing, since an agreement to take it for X number of dollars if he does NOT contest it, may not cover the fee if he DOES contest it.4th -- The process can be as quick as a couple of months in some states if everything goes smoothly to years if the case ends up being contested and appealed.

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Answered on 12/19/97, 8:18 pm
Robert Friend Robert H. Friend, Attorney at Law

Adoption of son by ex-husband

Don't know for sure about your state, but in NC (my state), non-payment of child support (even if he was never asked for it) is a ground for termination of his parental rights. But the easier method is to get the jerk's consent. In my state it works pretty well to have your lawyer tell him you're going after child support immediately if he doesn't sign the consent form. That usually gets some action. Unfortunately, in NC, and I would assume in most states, the jerk has to be notified (unless, of course, he has signed the consent). If no one knows where he is, he can be served by newspaper ad (publication) in my state. Good luck! Some of us lawyers love going after such jerks as this!

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Answered on 12/22/97, 3:36 pm


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