ADOPTION IN OKLAHOMA
Adoption is a powerful and loving way to create or complete a family. If you’re ready to handle the paperwork yourself, I’m here to make that process less overwhelming with plain-English tools and support tailored to laws regarding Adoption in Oklahoma.
Who I Can Help (and who I can't)
Adopting a minor child is no small feat. Adoption in Oklahoma includes many rules, steps, and legal requirements that must be followed closely. My services are designed for cases where:
One or both biological parents are willing to sign a consent to adoption, which legally ends their parental rights
One or both biological parents are deceased
I do not provide legal advice or representation. My goal is to help you navigate the DIY adoption process with clear, Oklahoma-specific forms and step-by-step support.
Before you begin...
This guide is intended for individuals who are filing for the adoption of a child under the age of 18.
Many of the rules and requirements discussed here—such as parental notification, consent, background checks, and tribal notification—do not apply to adult adoptions. If you are adopting someone who is already 18 or older, the process is generally simpler and follows a different set of guidelines.
Adoption is a major legal step, and while some cases go smoothly, others can quickly become contested. Unless a biological parent’s rights have already been terminated by a previous court order, or you know with complete certainty that the parent will sign a consent, or that the parent is deceased, filing for adoption without an attorney can be risky.
Even if the biological parent has been out of the child’s life for years, never paid child support, or was never named on the birth certificate, trying to terminate their parental rights can become a matter of pride or conflict—and often results in a contested case. It’s important to understand your obligations and risks before moving forward.
Parental Consent and Notification Requirements
In all adoptions — whether stepparent, grandparent, or another relative—the law requires that both biological parents be served with notice of the Adoption and given a chance to consent unless one of the following applies:
- The parent’s rights were previously terminated by a court
- The parent is deceased (a certified death certificate must be filed with the court clerk)
- The parent signs a notarized consent form approving the adoption
Even if one parent agrees and signs a consent, you must still make every reasonable effort to notify the other parent if their rights have not been terminated.
Home Study and Background Checks
In Oklahoma, some adoptions require a professional Home Study, which is a detailed look at your home, lifestyle, and relationship with the child. This is done by a licensed professional and helps the judge decide if the adoption is in the child’s best interest.
A Home Study is required if:
You are a stepparent and have been married to the biological parent for less than one year
You are a relative (grandparent, aunt, uncle, sibling, etc.)
You are not related by blood to the child
The Home Study includes a home visit, interviews, and required background checks. The written report is filed with the court. Most Home Studies cost between $800 and $1,250.
If you’re a stepparent and have been married to the biological parent for more than one year, a Home Study is not required.
All adopting parties—no matter what type of adoption—must also complete two background checks, and both must be filed with the court before the judge will sign the final adoption order.
1. DHS Child Welfare Background Check
Free of charge
Checks for any past involvement with child welfare or child
abuse investigations
Must be filed with the court
2. OSBI Criminal Background Check
Usually costs $20–$25 per person
Checks your criminal history at the state and national level
Results must also be filed with the court
Note: Having a criminal record does not automatically prevent you from adopting. Judges look closely at violent crimes, sex crimes, and crimes against children. A DUI or other non-violent offense usually won’t stop the process.
Parental Consent and Notification Requirements
In all adoptions—whether stepparent, grandparent, or another relative—the law requires that both biological parents be notified and given a chance to consent unless one of the following applies:
- The parent’s rights were previously terminated by a court
- The parent is deceased (a certified death certificate must be filed with the court clerk)
- The parent signs a notarized consent form approving the adoption
Even if one parent agrees and signs a consent, you must still make every reasonable effort to notify the other parent if their rights have not been terminated.
The Father Was Never Named on the Birth Certificate
If the birth certificate does not list a father, you are still required to notify the biological father—unless his rights have already been terminated. In cases where the mother claims she does not know who the biological father is, the court will require her to:
- Testify under oath about the nature of her relationship with the natural father
- Explain why she cannot identify the father
- Describe any efforts made to find or contact him
This applies to both stepparent and relative adoptions. The judge must be satisfied that proper notice was attempted or that no further identification is possible. Failure to do this may result in denial or delay of your adoption case.
Even when the biological mother consents, if the adopting party is a grandparent or other family member, the court still expects a good-faith effort to identify and notify the biological father unless he is truly unknown or deceased. Just because the father wasn’t named on the birth certificate does not eliminate the requirement to try to locate him.
Tribal Notification Requirements
If the child is a member of a federally recognized tribe or eligible for membership, the tribe & The Bureau of Indian Affairs (BIA) must be notified of the adoption. This is required by federal law under the Indian Child Welfare Act (ICWA).
The tribe may:
- Intervene in the case
- Request that the case be transferred to tribal court
- Recommend placement based on tribal preferences
If you or the child has tribal ties, it’s best to check with the tribe directly before filing. Oklahoma courts will not finalize an adoption that does not comply with ICWA.
Birth Certificate and Name Change
You must file a certified copy of the child’s birth certificate with the court when you file your adoption case (a photocopy will do). If you do not have a copy you will need to obtain one:
- If the child was born in Oklahoma, request it through the Oklahoma State Department of Health.
- If the child was born in another state, request it through that state’s vital records office.
If you want to legally change the child’s name as part of the adoption, include the new name in your adoption petition. The name change becomes official when the adoption is finalized. Contact the vital records office for information regarding cost and to ask about what documentation they need and how to get it to them in order to obtain a new birth certificate that reflects the updated names of the parent(s) and the name change.
Child’s Consent (Age 12 and Up)
If the child is 12 years old or older, they must consent to the adoption. This usually happens during the last court hearing.
- The judge will speak to the child either in open court at the last hearing or privately in their office.
- The child must confirm that they understand what adoption means and that they agree.
- Your child need not fear this. This is part of the process. The judge will ask general questions such as if the child understands what is happening and if they want to be adopted by the person(s) seeking the adoption. Judges understand children can be nervous about this and are very considerate when speaking with your child.
If the child does not give consent, the judge cannot finalize the adoption, even if both biological parents and the adopting party agree.
Final Thoughts
Adoption in Oklahoma can be a beautiful next step for families—but it’s also a legal process with strict rules. Oklahoma courts want to be sure that every person who has a legal right to the child has been notified, heard, or properly excluded by law.
By preparing ahead of time and understanding these requirements, you can avoid delays, frustration, or denial of your adoption case.
At Hometown Legal Forms, we provide document templates, consent forms, background check instructions, and plain-English guides to help you do it yourself—with confidence and clarity.
Frequently Asked Questions
What if my child was the result of a one-night stand and I don’t know the father’s name?
If you don’t know the father’s last name or how to contact him, the court will require that you make a reasonable effort to identify or locate him. You’ll need to provide proof of those efforts, such as a sworn statement explaining what steps you took. If the judge is satisfied that you truly don’t know the father’s identity and have done your part to try and find him, the court may allow you to move forward by publishing a legal notice in a newspaper as a way to notify him.
Can someone adopt my child without my permission?
No. In most cases, a biological parent must either voluntarily give up their rights or have their rights terminated by a judge. If you do not agree to the adoption, either you or the adopting party will need to hire an attorney and pursue a contested case.
Do I need an attorney to file for adoption in Oklahoma?
Not always. If both biological parents are deceased or willing to sign a consent to adoption, and no one is contesting the case, you may be able to file on your own using the right forms. That’s where I come in—I offer help with the documents and guidance through the steps, without the high cost of hiring a lawyer.
What if the other biological parent is in prison?
Being incarcerated does not automatically terminate parental rights. If the parent in prison is willing to sign a consent to adoption, the process can move forward. If they refuse, you may need to go through the court to request termination of their rights—and that typically requires hiring an attorney.
How long does the adoption process take?
It varies. If you have all the paperwork, signed consents, and background checks completed, and no home study is required, it may take about 45 -60 days. If a home study is needed or court scheduling is delayed, it may take longer.
What if I have a criminal record?
A criminal record doesn’t automatically prevent you from adopting. Judges mainly look for serious offenses like violent crimes, sex crimes, or crimes against children. A DUI or other non-violent offense usually isn’t a dealbreaker. Each case is reviewed individually.
Disclaimer: Hometown Legal Forms is not a law firm and does not provide legal advice. All information, forms, and resources on this website are based on Oklahoma law and are for general educational purposes only. Using this site does not create an attorney-client relationship. You are responsible for ensuring that any forms or instructions meet your specific needs and comply with all applicable laws. If you need legal advice, please consult with a licensed attorney.