Revisiting parental rights for LGTB community

by Sally Gilbert
Legal Columnist

When the US Supreme Court refused to hear the appeal in Bishop v. Smith ten months ago, adoption by same sex couples became legal in Oklahoma! This is wonderful news for gay partners and for all the kids available for adoption.

There were plenty of people who supported adoption by gay couples, even if they opposed gay marriages, because it was about the kids, not prejudice. The last time I wrote about this (October 2014), I quoted Paul Ryan, the very conservative representative who was Romney’s VP running mate in 2012. Ryan opposed gay marriage but said, “I think that if there are children who are orphans who do not have a loving person or couple, and a person wants to love and raise a child, they ought to be able to do that. Period.”

Now a married gay couple in Oklahoma can adopt a child together. If one is already the child’s parent by birth or adoption, the other can legally adopt as the step parent. Before the law changed in Oklahoma, only one of the couple could adopt, and the other one had no legal rights or responsibilities regarding the child.

Adoption is a specialized area of the law. There are a lot of rules. Most importantly, a child can be adopted only if the parents have died or their parental rights have been terminated. In a step-parent adoption, the spouse who is already a parent must agree to the adoption. The rights of the other biologic or adoptive parent have to be terminated voluntarily or by court action before the step parent can adopt.

The couple’s past, home situation and financial condition are examined. The process is complicated, rigorous and lengthy. That’s because it is designed to protect children.

I have handled stepparent adoptions that are much streamlined. A married spouse, whose other half has adopted a child or is a biologic parent, can petition the court for a step-parent adoption. Many of the requirements are waived. The court can waive the six-month waiting period in a stepparent adoption. If the couple has been married for at least a year, no home inspection is required.

Oklahoma married gay couples now enjoy the same rights as straight married couples to become parents via surrogacy. Oklahoma recognizes gestational surrogate births (the surrogate only carries the baby, she doesn’t contribute the egg) only to a married couple, the couple uses their own egg or sperm or egg or sperm from a genetically-related donor.

There are complications that all prospective adoptive parents face. If the child is a member of an Indian tribe or eligible for membership, the adoption may need to proceed in a tribal court, even in a step-parent adoption.

Adoption is costly, difficult and takes time but now all married couples have the same options in Oklahoma. There’s a lot left to be done for gay rights, but it is a wonderful new landscape for children without parents and would-be parents alike.

The Gayly – September 17, 2015 @ 12:45pm.