In the Matter of the Adoption of C.J.B and S.A.B., Minor Children, Clay Alan Butler v. Joseph Berney Vasquez

El Reno, Oklahoma family law lawyers represented Petitioners seeking to adopt two children.

Joseph Berney Vasquez (Step-Father) and Jennifer Lynn Vasquez (Mother), Petitioners/Appellees/Petitioners, filed a petition for adoption and application to determine minor children eligible for adoption without consent of the natural father. Clay Alan Butler (Father), Respondent/Appellant/Respondent, objected.

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12 Title 10, section 7505-4.2(H) provides that consent for adoption is not required from a parent who fails to establish and/or maintain a substantial and positive relationship with the child for twelve consecutive months out of the fourteen months immediately preceding the filing. 2 For purposes of this subsection, "fails to establish and/or maintain a substantial and positive relationship" means the parent has not "maintained frequent and regular contact with the minor through frequent and regular visitation or frequent and regular communication to or with the minor, or has not exercised parental rights and responsibilities." 10 O.S.2011, § 7505-4.2(H)(3); see In re Adoption of M.A.S., 2018 OK 1, ¶ 23, 419 P.3d, at 213.

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Oklahoma adoption laws govern the legal process of permanently placing a child with a family, outlined primarily under Oklahoma Adoption Coalition guidelines and Oklahoma Statutes Title 10.

Key Eligibility Requirements

• Age: Single or married individuals must be at least 21 years old to adopt.

• Home Study: Prospective parents must complete a comprehensive background check, financial stability review, and a home study conducted by a licensed agency or social worker (though the home study may be waived by a judge for certain qualifying married couples living together).

• Recent Legislation (HB 3586): Oklahoma law explicitly prohibits denying an adoption based on the parents' refusal to enable a child to access gender-affirming care, stating that raising a child consistent with their biological sex does not constitute abuse.

Consent & Termination of Parental Rights

• Biological Parents' Consent: Typically, both biological parents must consent to the adoption.

• Exemptions to Consent: Consent is not required if a parent's rights have been legally terminated, if they abandoned the child, or under statutory exceptions like willful failure to support or maintain a relationship for 12 of 14 months, or prolonged incarceration.

• Child's Consent: A child must also give consent if they are 12 years old or older (unless the court decides otherwise for the child's best interests).

• Revocation: Extrajudicial consents to adoption can be revoked within 15 days.

Records and Finality

• Birth Certificates: Following a finalized adoption, the child's birth certificate is modified to name the adoptive
parents.

• Sealed Records: Original birth and adoption records are sealed and require a court order to unseal.

The district court found natural father's consent unnecessary and granted the application to determine minor children eligible for adoption without consent of the natural father. Father appealed and COCA reversed the district court. Mother, Step-Father, and Minor Children petitioned for certiorari review which was previously granted.

Affirmed