Does the father petitioning the adoption have to be present at the hearing if he is at war in Iraq?
01/03/2007 - Category:Divorce - Child Custody - State: OK #72
I'm a Marine judge advocate representing a Marine domiciled in OK who wants to adopt his stepson. Currently, Marine in Iraq; family stationed on Okinawa last two years. Biological father surrendered parental rights years ago. Can Marine proceed with adoption in OK without personal appearance using a proxy (mother) with a power of attorney?
I am assuming that the biological father surrendered his parental rights in Oklahoma. If my assumption is incorrect, please let me know.
Title 10, Chapter 75, Section 7503-2.1, et seq
Except as otherwise provided in this section, a court of this state has jurisdiction over proceedings to terminate parental rights and proceedings for the adoption of a minor commenced pursuant to the Oklahoma Adoption Code if:
a. immediately preceding commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent, or another person acting as parent, for at least six (6) consecutive months, excluding periods of temporary absence, or
b. in the case of a minor under six (6) months of age, the minor lived in this state from soon after birth with any of those individuals listed in subparagraph a of this paragraph and there is available in this state substantial evidence concerning the minor's present or future care, or
c. immediately preceding commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care; or
d. it appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs 1 through 4 of this subsection, or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and it is in the best interest of the minor that a court of this state assume jurisdiction.
10 O.S.B' 7503-1.1: Either the husband or wife may adopt the child if the other spouse is a parent or a relative of the child.
10 O.S.B' 7503- 2.1: If a minor to be adopted is twelve (12) years of age or older, the consent of the minor to the adoption is required in addition to the consents required by subsections A and B of this section before a decree of adoption may be granted, unless the court makes a finding that it is not in the best interest of the minor to require the minor's consent. The consent of the minor must be given before the court in such form
10 O.S.B' 7503 - 2.4
A) A consent to an adoption of a minor shall be in writing, recorded by a court reporter, and executed before a judge of the district court in this state and contain:
1. The date, place, and time of the execution of the consent;
2. The name and date of birth of the person executing the consent;
3. The current mailing address, telephone number, and social security number of the person executing the consent; and
4. Instructions that the consent is irrevocable, except upon the specific grounds specified in Section 7503-2.7 of this title, upon which the consent can be revoked and the manner in which a motion to set aside the consent must be filed.
B. A consent must state:
1. That the person executing the document is voluntarily and unequivocally consenting to the adoption of the minor;
2. An understanding that after the consent is executed, it is final and, except for fraud or duress, may not be revoked or set aside for any reason except as otherwise authorized by the Oklahoma Adoption Code;
3. That the person executing the consent is represented by counsel or has waived any right to counsel;
4. That the execution of the consent does not terminate any duty of the person executing the consent to support the mother or the minor until the adoption is completed;
5. That the person executing the consent has not received or been promised any money or anything of value for the consent, except for payments authorized by law;
6. Whether the individual executing the consent is a member of an Indian tribe and whether the minor is eligible for membership or the child is a member of an Indian tribe;
7. That the person believes the adoption of the minor is in the minor's best interest; and
8. That the person executing the consent has been advised that an adult adopted person born in Oklahoma, whose decree of adoption is finalized after November 1, 1997, may obtain a copy of such person's original certificate of birth unless affidavits of non-disclosure have been filed pursuant to Section 7503-2.5 of this title and that the consenting parent may file an affidavit of non-disclosure.
Note: the Oklahoma Adoption Code provides that if an individual whose consent is necessary is a member of the United States Armed Services stationed in a country or place other than the United States, the individual's consent may be acknowledged before an officer of the Judge Advocate General's Office or other legal officer possessing the authority to administer oaths.
24 O.S.B' 114
In a statutory power of attorney, the language with respect to claims and litigation empowers the agent to:
1. Assert and prosecute before a court or administrative agency a claim, a cause of action, counterclaim, offset, and defend against an individual, a legal entity, or government, including suits to recover property or other thing of value, to recover damages sustained by the principal, to eliminate or modify tax liability, or to seek an injunction, specific performance, or other relief;
2. Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon whom process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive and execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation.
24 OK B' 115
Notarial act has the same effect under the law of this state as if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons:
1. a notary public of that jurisdiction; or
2. a judge, clerk or deputy clerk of a court of that jurisdiction; or
3. all judge advocates, staff judge advocates, assistant judge advocates and all legal officers of the state military forces;
Based on the above, it appears that the Marine's spouse could sign the adoption pleadings for him. However, the Judge will most likely prefer that the Marine sign the adoption pleadings himself in Iraq or wherever he is stationed. Any JAG can notarize his signature. While the Marine can get the adoption process started, the judge will most likely want to meet the Marine in person or via some sort of video conference before signing the final adoption order.
See the following website if you want US Legal Forms to prepare a stepparent adoption form. This is not a free service.
Please see the information at the following links: Please see the forms at the following links:
01/03/2007 - Category: Child Custody - State: OK #72
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