How Step-Parent Adoption Works in Oregon
One of the most common instances in which adoption occurs is when a step-parent opts to adopt their spouse's child. If you are thinking about adopting your step-child, you fortunately have options in Oregon. This guide will help answer some of the common questions that arise in step-parent adoptions.
What Are the Legal Requirements for Step-Parent Adoption in Oregon?
In order for a step-parent to adopt a child, the child's biological parent needs to relinquish his or her parental rights to the child. If he or she does not contest the adoption, no problems occur. If the parent refuses to terminate their rights and contests the adoption, the step-parent may have some problems.
Additionally, Oregon requires step-parents to live in Oregon for at least six months before filing for adoption. If you meet this requirement, you must gain approval by a social worker who will conduct a home study and ask some questions.
The court provides final approval of the adoption, so the ultimate goal is to appease the judge. The judge needs to see that you are a good candidate to be a legal parent to the minor.
Are There Exceptions for Notifying a Child's Biological Parent?
While the biological parent needs to terminate his or her legal rights to the child, some exceptions exist. If the court deems that the other parent abandoned the child or has been deemed mentally incompetent, the court can waive this requirement. The same applies if the parent has been in prison.
What Are the Steps for Filing for Adoption?
Once you have received consent for adoption by the biological parent, if applicable, you will petition for adoption through the court. Once the court receives the petition, you will meet with the social worker. The social worker's job is to discuss your employment situation, how you get along with the child, and what the current living situation looks like.
Next, the court double checks you received consent to adopt the child by asking for evidence that you served paperwork to the child's biological parent.
The final step in the adoption process is a court hearing in which the judge finalizes the adoption decision after hearing the involved parties discuss their intentions and motivations for adoption. The judge wants to know the adoption is in the child's best interests and is the best option. After the decision, you will file the necessary documentation with the court clerk.
The adoption finalization is given a date. In Oregon, adoption takes 90 days to complete. At that time, you have officially adopted your child and will receive a new birth certificate.
Do You Need an Attorney to Adopt a Step-Child?
No, you do not legally need an attorney to adopt your step-child. At the same time, you are wise to hire an attorney who is familiar with Oregon's adoption laws, which may differ when a child is adopted by a step-parent than in other cases.
One reason you should hire an attorney is to ensure you have met the state's legal requirements and turned in all paperwork correctly and completely. The attorney also ensures you have met any time restrictions and respond to notices in accordance with time stipulations.
Finally, you should hire an attorney if the child still has a living parent who could dispute the adoption. Without an attorney, you could face a court case in which you don't have legal representation.
Law Offices of Jamie L. Hazlett & Associates manages adoptions of all types in Oregon. If you have questions, we have answers. Call us today to arrange a consultation with one of our knowledgeable attorneys.
