Q: How can I get my son adopted by his Step Father.
He hasn't paid child support in years or seen him in a few years. His Bio dad said he would sign if that's what my son wanted, my son will be 15 this year. His biological dad is in jail in Texas and does reside there.
A: If you have the biological father's consent, the stepfather may adopt the child (provided the stepfather meets the other requirements for adoption.)
If you do not have the biological father's consent, then, in order for the stepfather to adopt the child, you need to prove that either:
for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption of a child, the has willfully failed, refused, or neglected to contribute to the support of such minor
the father fails to establish and/or maintain a substantial and positive relationship with a minor for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption of the child.
There are also other grounds for adoption without consent. To see those grounds, click here:
A: Luckily, you do not have to go to the expense of a home study for a step parent adoption, but you must have been married to the step parent for one year and the minor must have been living with you for one year. Also, if the step parent has certain criminal offenses he/she may not be eligible to adopt.
10 O.S. 7505-5.1
Also, if the minor is over the age of twelve, he/she will need to consent to the step parent adoption unless it is otherwise in his/her best interest.
With regard to the biological father, he will need to relinquish his parental rights and since he is incarcerated, I recommend trying to get a Judge in the county where he is incarcerated to accept the relinquishment. The biological father could also execute an extrajudicial consent from prison, but I would try to set up a hearing with a Judge as indicated previously.
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