How do you get guardianship of a infant in Oklahoma right after birth?

Question

Adoption vs. Guardianship ? What are the differences ? We are contemplating doing guardianship to make sure this is what the biological parents really want to do? any advise appreciated

Answer 1

I don't live in OK but....

When my granddaughter was born very premature, the social workers at the hospital knew that my daughter and her boyfriend were not mentally stable enough to make decisions for her medical care so they asked me if I would take legal temporary guardianship of her. I went to court with papers the hospital gave me and was granted the guardianship when she was just 4 days old.

Well, my daughter and her boyfriend turned out to be not so caring parents and my husband and I traveled 90 minutes, 2 or 3 times a week to go visit her, with our own 16 month old son. They visited her maybe 5 times the whole 11 weeks she was in the hospital. They lived 10 minutes away.

Anyways to make a long story short...we went to court a few more times to prolong the guardianship while she was in the hospital and then when she got out we took her home with us. My daughter decided not learn how to take care of her little baby. I went back to court (by this time the baby, my daughter and her boyfriend all had their own guardian et litems) I asked for permanent custody of the baby. The parents said it was okay. The judge was very happy. And eventually we went thru the process of adopting her when she was 2.  My daughter signed her over and her birth father never answered the newspaper notice.

We changed her whole name at her adoption. We had a big adoption party for her too.

I suppose you have to give the parents a chance but in my case they didn't even really care about her so I guess I was lucky.

I know my adopted daughter is much better off, and that is what matters.

Good luck to you.

PS...my daughter hasn't spoken to me in 3 years because she thinks I stole her baby. That is her mentality level.

Answer 2

Adoption is when the parents give up legal rights to the child.  Guardianship is when the court gives you the legal authority to maintain physical custody of the child.  Yes you can add them to your insurance on both.  This will required an attorney petitioning the court for legal documentation, which you will have to probably give to your insurance company.  You will need this when enrolling them in school in Oklahoma anyway.  Oklahoma also has a health care program for kids under 18 who's parents are low income, even when they are not in the custody of their parents.  My parents have recently got guardianship of my nephew.  I would go for adoption.  To be honest, if the parents don't want the child now, they don't need the child period.  It would be in the best interest of the child for you to adopt them and give the parents visitation.  That would be my advice.  If you don't, you might  decide later that you want to adopt the child and the parents change there mind and then they are put in bad situation.  Oklahoma is notorious of giving the child back to the parents regarless of how big of losers they are.  Do it now while you can.  You may not be able to later on.  It sounds like they need to be with you.  Good luck and contact an attorney.

Answer 3

You need to get a lawyer and get a ruling in advance of the birth.  

A guardianship that you would be seeking gives you the same legal authority as a parent, but is not permanency. The parents have to go to court to have their authority reinstated and the guardianship ended (you can do it voluntarily or the judge can rule).  An adoption is cutting off the parental rights permanently.  

You should give them a time limit as to when they need to decide that you are comfortable with.  In my state, you have up to 6 months before your rights are terminated, for instance.  Since you are acting as a go-between, maybe you think 1-2 years would be fine.  Up to you.

Answer 4

hey!! now here are a set of potential adoptive parents athat are really putting the babies needs first!! Guardianship is a great option I think!! this way the childs records aren't sealed which is huge in regards to adoptee rights, and it gives the parents a chance to get their act together and possibly parent ( which is ultimately the best possible outcome for the babies life anyways, assuming they are stable and not abusive )

I would contact a lawyer, that is experienced in legal guardian situations.

Answer 5

likely, all you can do is get guardianship.  you need to get a lawyer, who will start working on documentation with the state agencies, biological parents, etc.  you will also have to go through a home study.  the entire process should take 4-6 months to legalization.  hope it works out, adoption has been the most rewarding experience of my life.  been there and done it.

Answer 6

Hello and congrats on your future possibilities of having a child.  

In most states the adoptive parents are given temporary guardianship after the birthparents sign the relinquishment papers.  Adoptions are usually not FINALIZED with FULL GUARDIANSHIP until some time has passed.  I know in the state of IL the Birthmom can sign her relinquishment papers no earlier than 72 hours after the baby is born.  The birthfather can sign the papers at ANY time during the pregnancy or after.  Once those papers are signed, the adoptive parents will petitiion the IL court to obtain temporary Guardianship and this will remain in order for 6months.  Once the 6 months has passed the adoptive parent s will petition the courts for full/permanent guardianship (adoption).

For more specific laws regarding your State, I would recommend an Attorney that specializes in adoption.  Best of luck to you.

Answer 7

I'm not sure what all the differences are but you should consult a lawyer who can go over all the options with you & figure out what would be best in your situation.

I think that as long as you're the legal guardians of the child, you'd be able to put the child on your insurance (contact the Human Resources Department to find out for sure).

As far as the name, that would be something you could work out with the biological parents.

Answer 8

IN AN ADOPTION, THEY HAVE TIME TO CHANGE THEIR MINDS, SO I WOULDN'T WASTE TIME WITH GUARDIANSHIP, JUST TO HAVE TO SPEND MORE MONEY ON THE ADOPTION.

Answer 9

Guardianship is a fairly easy process in the state of Oklahoma. It is beneficial to both bio and potential adoptive parents. I am an adoptive mother I am also a guardian. The most significant difference is the legal obligations. The ties for a guardian are limited to the time that the child is in your care and custody with adoption or foster it is permanent. Its a great option if there are uncertainties.

Answer 10

Do you live in Oklahoma?  Adoption, is taking on the responsibility of the child as if it were your own.  Guardianship, gives you the right to make certain choices for the child, but the parental rights are not severed.