Oklahoma § 10-7221 - Renumbered as § 1-7-113 of Title 10A by Laws 2009, c
Full text of Oklahoma Oklahoma Statutes § 10-7221 — Renumbered as § 1-7-113 of Title 10A by Laws 2009, c, with citation guidance and answers to common questions.
§ 10-7221. Renumbered as § 1-7-113 of Title 10A by Laws 2009, c
233, § 286, emerg. eff. May 21, 2009.
§10-7301-1.1. Renumbered as § 2-1-101 of Title 10A by Laws 2009, c.
234, § 168, emerg. eff. May 21, 2009.
§10-7301-1.2. Renumbered as § 2-1-102 of Title 10A by Laws 2009, c.
234, § 168, emerg. eff. May 21, 2009.
§10-7301-1.3. Renumbered as § 2-1-103 of Title 10A by Laws 2009, c.
234, § 168, emerg. eff. May 21, 2009.
§10-7302-1.1. Renumbered as § 2-7-101 of Title 10A by Laws 2009, c.
234, § 169, emerg. eff. May 21, 2009.
§10-7302-2.1. Renumbered as § 2-7-201 of Title 10A by Laws 2009, c.
234, § 170, emerg. eff. May 21, 2009.
§10-7302-2.2. Renumbered as § 2-7-202 of Title 10A by Laws 2009, c.
234, § 170, emerg. eff. May 21, 2009.
§10-7302-2.3. Renumbered as § 2-7-203 of Title 10A by Laws 2009, c.
234, § 170, emerg. eff. May 21, 2009.
§10-7302-2.4. Renumbered as § 2-7-204 of Title 10A by Laws 2009, c.
234, § 170, emerg. eff. May 21, 2009.
§10-7302-2.5.
21, 2009.
Repealed by Laws 2009, c. 234, § 166, emerg. eff. May
§10-7302-3.1. Renumbered as § 2-7-301 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.2. Renumbered as § 2-7-302 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.3. Renumbered as § 2-7-303 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.4. Renumbered as § 2-7-304 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7302-3.5. Renumbered as § 2-7-305 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.6.
15, 2002.
Repealed by Laws 2002, c. 4, § 10, emerg. eff. Feb.
§10-7302-3.6a. Renumbered as § 2-7-306 of Title 10A by Laws 2009,
c. 234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.7. Renumbered as § 2-7-307 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.8. Renumbered as § 2-7-308 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.9. Renumbered as § 2-7-309 of Title 10A by Laws 2009, c.
234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.10. Renumbered as § 2-7-310 of Title 10A by Laws 2009,
c. 234, § 171, emerg. eff. May 21, 2009.
§10-7302-3.11. Renumbered as § 2-7-311 of Title 10A by Laws 2009,
c. 234, § 171, emerg. eff. May 21, 2009.
§10-7302-4.1. Renumbered as § 2-7-401 of Title 10A by Laws 2009, c.
234, § 172, emerg. eff. May 21, 2009.
§10-7302-4.2. Renumbered as § 2-7-402 of Title 10A by Laws 2009, c.
234, § 172, emerg. eff. May 21, 2009.
§10-7302-5.1. Renumbered as § 2-7-501 of Title 10A by Laws 2009, c.
234, § 173, emerg. eff. May 21, 2009.
§10-7302-5.2. Renumbered as § 2-7-502 of Title 10A by Laws 2009, c.
234, § 173, emerg. eff. May 21, 2009.
§10-7302-5.3. Renumbered as § 2-7-503 of Title 10A by Laws 2009, c.
234, § 173, emerg. eff. May 21, 2009.
§10-7302-5.4. Renumbered as § 2-7-504 of Title 10A by Laws 2009, c.
234, § 173, emerg. eff. May 21, 2009.
§10-7302-6.1. Renumbered as § 2-7-601 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7302-6.2. Renumbered as § 2-7-602 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.3. Renumbered as § 2-7-603 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.4. Renumbered as § 2-7-604 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.5. Renumbered as § 2-7-605 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.6. Renumbered as § 2-7-606 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.7. Renumbered as § 2-7-607 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.8. Renumbered as § 2-7-608 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.9. Renumbered as § 2-7-609 of Title 10A by Laws 2009, c.
234, § 174, emerg. eff. May 21, 2009.
§10-7302-6.10. Renumbered as § 2-7-610 of Title 10A by Laws 2009,
c. 234, § 174, emerg. eff. May 21, 2009.
§10-7302-7.1. Renumbered as § 2-7-701 of Title 10A by Laws 2009, c.
234, § 175, emerg. eff. May 21, 2009.
§10-7302-7.2. Renumbered as § 2-7-702 of Title 10A by Laws 2009, c.
234, § 175, emerg. eff. May 21, 2009.
§10-7302-7.3. Renumbered as § 2-7-703 of Title 10A by Laws 2009, c.
234, § 175, emerg. eff. May 21, 2009.
§10-7302-7.4. Renumbered as § 2-7-704 of Title 10A by Laws 2009, c.
234, § 175, emerg. eff. May 21, 2009.
§10-7302-7.5. Renumbered as § 2-7-705 of Title 10A by Laws 2009, c.
234, § 175, emerg. eff. May 21, 2009.
§10-7302-8.1. Renumbered as § 2-7-801 of Title 10A by Laws 2009, c.
234, § 176, emerg. eff. May 21, 2009.
§10-7302-9.1. Renumbered as § 2-7-901 of Title 10A by Laws 2009, c.
234, § 177, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7302-9.2. Renumbered as § 2-7-902 of Title 10A by Laws 2009, c.
234, § 177, emerg. eff. May 21, 2009.
§10-7302-9.3. Renumbered as § 2-7-903 of Title 10A by Laws 2009, c.
234, § 177, emerg. eff. May 21, 2009.
§10-7302-9.4. Renumbered as § 2-7-904 of Title 10A by Laws 2009, c.
234, § 177, emerg. eff. May 21, 2009.
§10-7302-9.5.
1997.
Repealed by Laws 1997, c. 293, § 42, eff. July 1,
§10-7302-9.6. Renumbered as § 2-7-905 of Title 10A by Laws 2009, c.
234, § 177, emerg. eff. May 21, 2009.
§10-7303-1.1. Renumbered as § 2-2-101 of Title 10A by Laws 2009, c.
234, § 178, emerg. eff. May 21, 2009.
§10-7303-1.2. Renumbered as § 2-2-102 of Title 10A by Laws 2009, c.
234, § 178, emerg. eff. May 21, 2009.
§10-7303-1.3. Renumbered as § 2-2-104 of Title 10A by Laws 2009, c.
234, § 178, emerg. eff. May 21, 2009.
§10-7303-1.4. Renumbered as § 2-2-105 of Title 10A by Laws 2009, c.
234, § 178, emerg. eff. May 21, 2009.
§10-7303-1.5. Renumbered as § 2-2-106 of Title 10A by Laws 2009, c.
234, § 178, emerg. eff. May 21, 2009.
§10-7303-1.6. Renumbered as § 2-2-107 of Title 10A by Laws 2009, c.
234, § 178, emerg. eff. May 21, 2009.
§10-7303-1.7. Renumbered as § 2-2-108 of Title 10A by Laws 2009, c.
234, § 178, emerg. eff. May 21, 2009.
§10-7303-2.1.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-2.2.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-3.1. Renumbered as § 2-2-301 of Title 10A by Laws 2009, c.
234, § 179, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7303-4.1. Renumbered as § 2-2-401 of Title 10A by Laws 2009, c.
234, § 180, emerg. eff. May 21, 2009.
§10-7303-4.2. Renumbered as § 2-2-402 of Title 10A by Laws 2009, c.
234, § 180, emerg. eff. May 21, 2009.
§10-7303-4.3. Renumbered as § 2-2-403 of Title 10A by Laws 2009, c.
234, § 180, emerg. eff. May 21, 2009.
§10-7303-4.4.
1998.
Repealed by Laws 1998, c. 268, § 18, eff. July 1,
§10-7303-4.5.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-4.6. Renumbered as § 2-2-404 of Title 10A by Laws 2009, c.
234, § 180, emerg. eff. May 21, 2009.
§10-7303-5.1. Renumbered as § 2-2-501 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.2. Renumbered as § 2-2-502 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.3. Renumbered as § 2-2-503 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.4. Renumbered as § 2-2-504 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.5. Renumbered as § 2-2-505 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.6. Renumbered as § 2-2-506 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.7.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-5.8. Renumbered as § 2-2-507 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.9. Renumbered as § 2-2-508 of Title 10A by Laws 2009, c.
234, § 181, emerg. eff. May 21, 2009.
§10-7303-5.10. Renumbered as § 2-2-509 of Title 10A by Laws 2009,
c. 234, § 181, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7303-6.1.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-6.2. Renumbered as § 2-2-601 of Title 10A by Laws 2009, c.
234, § 182, emerg. eff. May 21, 2009.
§10-7303-6.3.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-7.1.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-7.2.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-7.3.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-7.4. Renumbered as § 2-2-701 of Title 10A by Laws 2009, c.
234, § 183, emerg. eff. May 21, 2009.
§10-7303-7.5. Renumbered as § 2-2-702 of Title 10A by Laws 2009, c.
234, § 183, emerg. eff. May 21, 2009.
§10-7303-7.6. Renumbered as § 2-2-703 of Title 10A by Laws 2009, c.
234, § 183, emerg. eff. May 21, 2009.
§10-7303-8.1. Renumbered as § 2-2-801 of Title 10A by Laws 2009, c.
234, § 184, emerg. eff. May 21, 2009.
§10-7303-8.2. Renumbered as § 2-2-802 of Title 10A by Laws 2009, c.
234, § 184, emerg. eff. May 21, 2009.
§10-7303-8.3. Renumbered as § 2-2-803 of Title 10A by Laws 2009, c.
234, § 184, emerg. eff. May 21, 2009.
§10-7303-8.4. Renumbered as § 2-2-804 of Title 10A by Laws 2009, c.
234, § 184, emerg. eff. May 21, 2009.
§10-7303-8.5.
21, 2009.
Repealed by Laws 2009, c. 234, § 167, emerg. eff. May
§10-7303-8.6. Renumbered as § 2-2-805 of Title 10A by Laws 2009, c.
234, § 184, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7304-1.1. Renumbered as § 2-3-101 of Title 10A by Laws 2009, c.
234, § 185, emerg. eff. May 21, 2009.
§10-7304-1.2. Renumbered as § 2-3-102 of Title 10A by Laws 2009, c.
234, § 185, emerg. eff. May 21, 2009.
§10-7304-1.3. Renumbered as § 2-3-103 of Title 10A by Laws 2009, c.
234, § 185, emerg. eff. May 21, 2009.
§10-7304-1.4. Renumbered as § 2-3-104 of Title 10A by Laws 2009, c.
234, § 185, emerg. eff. May 21, 2009.
§10-7305-1.1. Renumbered as § 2-4-101 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.2. Renumbered as § 2-4-102 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.3. Renumbered as § 2-4-103 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.4. Renumbered as § 2-4-104 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.5. Renumbered as § 2-4-105 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.6. Renumbered as § 2-4-106 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.7. Renumbered as § 2-4-107 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.8. Renumbered as § 2-4-108 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.9. Renumbered as § 2-4-109 of Title 10A by Laws 2009, c.
234, § 186, emerg. eff. May 21, 2009.
§10-7305-1.10. Renumbered as § 2-4-110 of Title 10A by Laws 2009,
c. 234, § 186, emerg. eff. May 21, 2009.
§10-7306-1.1. Renumbered as § 2-5-101 of Title 10A by Laws 2009, c.
234, § 187, emerg. eff. May 21, 2009.
§10-7306-2.1. Renumbered as § 2-5-201 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7306-2.2. Renumbered as § 2-5-202 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.3. Renumbered as § 2-5-203 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.4. Renumbered as § 2-5-204 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.5. Renumbered as § 2-5-205 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.6. Renumbered as § 2-5-206 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.7.
1997.
Repealed by Laws 1997, c. 293, § 43, eff. July 1,
§10-7306-2.7a. Renumbered as § 2-5-207 of Title 10A by Laws 2009,
c. 234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.8. Renumbered as § 2-5-208 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.9. Renumbered as § 2-5-209 of Title 10A by Laws 2009, c.
234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.10. Renumbered as § 2-5-210 of Title 10A by Laws 2009,
c. 234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.10a. Renumbered as § 2-5-211 of Title 10A by Laws 2009,
c. 234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.11. Renumbered as § 2-5-212 of Title 10A by Laws 2009,
c. 234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.12. Renumbered as § 2-5-213 of Title 10A by Laws 2009,
c. 234, § 188, emerg. eff. May 21, 2009.
§10-7306-2.13.
1997.
Repealed by Laws 1997, c. 293, § 43, eff. July 1,
§10-7306-3.1. Renumbered as § 2-5-301 of Title 10A by Laws 2009, c.
234, § 189, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7307-1.1. Renumbered as § 2-6-101 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.2. Renumbered as § 2-6-102 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.3. Renumbered as § 2-6-104 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.4. Renumbered as § 2-6-105 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.5. Renumbered as § 2-6-106 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.6. Renumbered as § 2-6-107 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.7. Renumbered as § 2-6-108 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.8. Renumbered as § 2-6-109 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7307-1.9. Renumbered as § 2-6-110 of Title 10A by Laws 2009, c.
234, § 190, emerg. eff. May 21, 2009.
§10-7308-1.1. Renumbered as § 2-8-101 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.2. Renumbered as § 2-8-102 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.3. Renumbered as § 2-8-103 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.4. Renumbered as § 2-8-104 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.5. Renumbered as § 2-8-105 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.6.
2002.
Repealed by Laws 2002, c. 164, § 6, eff. July 1,
§10-7308-1.7. Renumbered as § 2-8-106 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7308-1.8. Renumbered as § 2-8-107 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.9. Renumbered as § 2-8-108 of Title 10A by Laws 2009, c.
234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.10. Renumbered as § 2-8-109 of Title 10A by Laws 2009,
c. 234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.11. Renumbered as § 2-8-110 of Title 10A by Laws 2009,
c. 234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.12. Renumbered as § 2-8-111 of Title 10A by Laws 2009,
c. 234, § 191, emerg. eff. May 21, 2009.
§10-7308-1.13. Renumbered as § 2-8-112 of Title 10A by Laws 2009,
c. 234, § 191, emerg. eff. May 21, 2009.
§10-7309-1.1. Renumbered as § 2-9-101 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.2. Renumbered as § 2-9-102 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.3. Renumbered as § 2-9-103 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.4. Renumbered as § 2-9-104 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.5. Renumbered as § 2-9-105 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.6. Renumbered as § 2-9-106 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.7. Renumbered as § 2-9-107 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.8. Renumbered as § 2-9-108 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.9. Renumbered as § 2-9-109 of Title 10A by Laws 2009, c.
234, § 192, emerg. eff. May 21, 2009.
Oklahoma Statutes - Title 10. Children
§10-7309-1.10. Renumbered as § 2-9-110 of Title 10A by Laws 2009,
c. 234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.11. Renumbered as § 2-9-111 of Title 10A by Laws 2009,
c. 234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.12. Renumbered as § 2-9-112 of Title 10A by Laws 2009,
c. 234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.13. Renumbered as § 2-9-113 of Title 10A by Laws 2009,
c. 234, § 192, emerg. eff. May 21, 2009.
§10-7309-1.14. Renumbered as § 2-9-114 of Title 10A by Laws 2009,
c. 234, § 192, emerg. eff. May 21, 2009.
§10-7501-1.1. Short title - Composition of Code.
A. Chapter 75 of this title shall be known and may be cited as
the "Oklahoma Adoption Code".
B. The Oklahoma Adoption Code shall be composed of eleven
articles:
Article 1. State Policy and General Definitions.
Article 2. Jurisdiction, Venue and Choice of Law.
Article 3. Adoption of Minors.
Article 4. Medical and Social Histories.
Article 5. Adoption Proceedings.
Article 6. Paternity Registry.
Article 7. Adult Adoptions.
Article 8. Adult Adoptee Services.
Article 9. General Provisions.
Article 10. Subsidized Adoption Programs.
Article 11. Studies and Committees.
C. All statutes hereinafter enacted and codified in Chapter 75
of this title shall be considered and deemed part of the Oklahoma
Adoption Code.
D. The provisions of the Oklahoma Adoption Code shall not
invalidate any adoption heretofore granted by any court.
Added by Laws 1957, p. 26, § 23. Amended by Laws 1996, c. 297, § 1,
emerg. eff. June 10, 1996. Renumbered from § 60.23 of this title by
Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996. Amended by Laws
1997, c. 366, § 1, eff. Nov. 1, 1997. Renumbered from § 60 of this
title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 4, emerg. eff. June 11, 1998.
§10-7501-1.2. Purpose of Code.
A. The Legislature of this state believes that every child
should be raised in a secure, loving home and finds that adoption is
the best way to provide a permanent family for a child whose
Oklahoma Statutes - Title 10. Children
biological parents are not able or willing to provide for the
child's care or whose parents believe the child's best interest will
be best served through adoption. The purpose of the Oklahoma
Adoption Code is to:
1. Ensure and promote the best interests of the child in
adoptions and to establish an orderly and expeditious process for
movement of adoption matters through the courts;
2. Affirm that the parent-child relationship is fundamental and
that all adoption laws should be fair to the child and to each
parent of the child;
3. Affirm the duty of the biological parents to provide
appropriately for the care of the child unless custody of the child
has been transferred either voluntarily or involuntarily;
4. Affirm the duty of a noncustodial parent to:
a.
provide financial support for the parent's biological
child, and otherwise exercise parental
responsibilities,
b.
maintain a parent-child relationship, regardless of
the absence of any court order to that effect, and
c.
provide for the appropriate financial support of the
mother of the child during her term of pregnancy;
5. Affirm the duty of a male person who has sexual relations
with a female person outside of marriage to be aware that a
pregnancy might occur;
6. Affirm the duty of the biological father of a child who is
to be born or who is born outside of marriage to exercise his
parental responsibilities for the child. This includes the duty to
inform himself about the existence and needs of any such child and
to exercise parental responsibilities toward that child even before
birth;
7. Encourage prebirth planning for adoption as a means of
facilitating adoption of a child into a permanent family as soon as
possible. To that end, the Oklahoma Adoption Code provides for a
prebirth notice of a plan for adoption and for procedures by which a
putative father may give his consent or otherwise respond to the
notice;
8. Ensure that children placed for adoption will be raised in
stable, permanent loving families whose qualifications for adoption
have been properly evaluated in light of the child's needs;
9. Promote and strengthen the integrity and finality of
adoptions by limiting the time and circumstances for a consent to be
withdrawn or a challenge to the adoption filed; and
10. Recognize the right of all children who have been adopted
to have access to information about their social and medical
history.
B. It is the intent of the Legislature to balance the privacy
rights of all parties to an adoption while clarifying when and to
Oklahoma Statutes - Title 10. Children
whom information may be released. The Legislature seeks to promote
voluntary reunions, provide for confidential intermediaries, and
collect and maintain social and medical information relating to the
adoption in the recognition that all children should have access to
knowledge about their heritage.
Added by Laws 1957, p. 26, § 22. Amended by Laws 1997, c. 366, § 2,
eff. Nov. 1, 1997. Renumbered from § 60.22 of this title by Laws
1997, c. 366, § 58, eff. Nov. 1, 1997.
§10-7501-1.3. Definitions.
As used in the Oklahoma Adoption Code:
1. “Abandonment” includes, but is not limited to, the
following:
a.
the parent has left the minor alone or in the care of
another who is not the parent of the minor without
identifying the minor or furnishing a means of
identification for the minor, the whereabouts of the
parents are unknown, and the minor's identity cannot
be ascertained by the exercise of reasonable
diligence,
b.
the parent has voluntarily left the minor alone or in
the care of another who is not the parent of the minor
and expressed a willful intent by words, actions, or
omissions not to return for the minor, or
c.
the parent fails to maintain a substantial and
positive relationship with the minor for a period of
six (6) consecutive months out of the last fourteen
(14) months immediately preceding the filing of a
petition for termination of parental rights. For
purposes of this section, “establish and/or maintain a
substantial, positive relationship” includes but is
not limited to:
(1) frequent and regular contact with the minor
through frequent and regular visitation or
frequent, regular communication to or with the
minor, and
(2) exercising parental rights and responsibilities.
Incidental or token visits or communications
shall not be sufficient to establish or maintain
a substantial and positive relationship with the
minor.
The term "abandonment" shall not include when a parent has
relinquished a minor to or placed the minor in the custody of a
licensed child-placing agency or other court-appointed individual;
2. "Adoptee" means an individual who is adopted or is to be
adopted;
Oklahoma Statutes - Title 10. Children
3. "Adult" means an individual who has attained eighteen (18)
years of age;
4. "Minor" means any person who has not attained the age of
eighteen (18) years;
5. "Child-placing agency" means any child welfare agency
licensed pursuant to the Oklahoma Child Care Facilities Licensing
Act and authorized to place minors for adoption;
6. "Contested proceeding" means any proceeding pursuant to the
Oklahoma Adoption Code in which an interested party enters an
appearance to contest the petition;
7. "Department" means the Department of Human Services;
8. "Direct placement adoption" means any adoption in which the
minor is not placed for adoption by the Department of Human Services
or a child-placing agency. A stepparent or relative adoption shall
not be considered a direct placement adoption;
9. "Guardian" means an individual, other than a parent,
appointed by a court to be the guardian of the person of a minor;
10. "Parent" means an individual who is the biological or
adoptive parent of a child or who is legally recognized as a mother
or father of a child. The term "parent" does not include an
individual whose parental relationship to a child has been
terminated;
11. "Permanent relinquishment" means the voluntary surrender of
the rights of the parent or guardian with respect to a minor,
including legal and physical custody of the minor, to a childplacing agency, Department of Human Services or any person with the
assent of the court, by a minor's parent or guardian, for purposes
of the minor's adoption;
12. "Putative father" means the father of a minor born out of
wedlock or a minor whose mother was married to another person at the
time of the birth of the minor or within the ten (10) months prior
to the birth of the minor and includes, but is not limited to, a man
who has acknowledged or claims paternity of a minor, a man named by
the mother of the minor to be the father of the minor, or any man
who is alleged to have engaged in sexual intercourse with a woman
during a possible time of conception;
13. “Relative adoption” means the placement of a child for
adoption with a parent, grandparent, stepparent, brother, sister,
first cousin, nephew, niece, uncle or aunt, who is related to the
child by either birth or marriage;
14. "State" means any state, territory, or possession of the
United States, the commonwealth of Puerto Rico, and the District of
Columbia; and
15. "Stepparent" means an individual who is the spouse or
surviving spouse of a parent of a minor, but who is not a legal
parent of the minor.
Oklahoma Statutes - Title 10. Children
Added by Laws 1957, p. 22, § 1. Amended by Laws 1996, c. 297, § 2,
emerg. eff. June 10, 1996; Laws 1997, c. 366, § 3, eff. Nov. 1,
1997. Renumbered from Title 10, § 60.1 by Laws 1997, c. 366, § 58,
eff. Nov. 1, 1997. Amended by Laws 2001, c. 434, § 6, emerg. eff.
June 8, 2001; Laws 2002, c. 445, § 8, eff. Nov. 1, 2002; Laws 2011,
c. 371, § 1, eff. Nov. 1, 2011.
§10-7502-1.1. Jurisdiction.
Jurisdiction over proceedings to terminate parental rights and
proceedings for the adoption of a minor commenced pursuant to the
Oklahoma Adoption Code shall be governed by the Uniform Child
Custody Jurisdiction and Enforcement Act as provided in Sections
551-101 through 551-402 of Title 43 of the Oklahoma Statutes.
Added by Laws 1997, c. 366, § 4, eff. Nov. 1, 1997. Amended by Laws
1998, c. 415, § 5, emerg. eff. June 11, 1998; Laws 1999, c. 29, § 1,
emerg. eff. April 5, 1999; Laws 2001, c. 434, § 7, emerg. eff. June
8, 2001; Laws 2005, c. 69, § 2, eff. Nov. 1, 2005; Laws 2011, c.
371, § 2, eff. Nov. 1, 2011.
§10-7502-1.2. Venue.
Proceedings for adoption shall be brought in the district court
in the county where the petitioners or the child to be adopted
resides, in Tulsa County or in Oklahoma County, or where termination
proceedings took place, at the election of the petitioners.
Added by Laws 1957, p. 23, § 4. Amended by Laws 1991, c. 113, § 3,
eff. Sept. 1, 1991; Laws 1997, c. 366, § 5, eff. Nov. 1, 1997.
Renumbered from § 60.4 of this title by Laws 1997, c. 366, § 58,
eff. Nov. 1, 1997. Amended by Laws 2009, c. 107, § 1, eff. Nov. 1,
2009; Laws 2014, c. 152, § 1, eff. Nov. 1, 2014.
§10-7502-1.3. Laws governing.
A. Except as otherwise provided by this section, a proceeding
to terminate parental rights pursuant to Article 5 of the Oklahoma
Adoption Code or an adoption in this state of a minor born in this
state or brought into this state from another state by a prospective
adoptive parent, or by a person who places the minor for adoption in
this state, is governed by the laws of this state, including but not
limited to, the Oklahoma Adoption Code and the Interstate Compact on
the Placement of Children.
B. A permanent relinquishment of a child for adoption or a
consent to adoption, including, but not limited to, an extrajudicial
consent signed by a putative father, will be recognized as valid and
given effect in all proceedings brought pursuant to the Oklahoma
Adoption Code in the courts of this state, if the permanent
relinquishment or consent was executed:
1. Before an appropriate official and in the manner prescribed
by the Oklahoma Adoption Code; or
Oklahoma Statutes - Title 10. Children
2. Except as otherwise provided in subsection I of Section
7503-2.3 and subsection H of Section 7503-2.4 of this title, before
an appropriate official and in the manner prescribed by the law of
the state or country in which the permanent relinquishment or
consent was executed.
C. The laws of this state shall govern when and under which
circumstances a permanent relinquishment of a child for adoption or
a consent to adoption, including, but not limited to, an
extrajudicial consent signed by a putative father, may be revoked or
set aside, if:
1. The permanent relinquishment or consent was executed in this
state; or
2. The permanent relinquishment or consent was executed outside
of this state before an appropriate official and in a manner in
compliance with all of the requirements of the Oklahoma Adoption
Code.
D. If a permanent relinquishment for adoption or consent to
adoption, including, but not limited to, an extrajudicial consent
signed by a putative father, is executed outside of this state
before an official or in a manner that is not in compliance with all
of the requirements of the Oklahoma Adoption Code, the law of the
state in which the permanent relinquishment or consent was executed
shall govern the circumstances under which the relinquishment or
consent may be revoked or set aside.
Added by Laws 1997, c. 366, § 6, eff. Nov. 1, 1997. Amended by Laws
1998, c. 415, § 6, emerg. eff. June 11, 1998.
§10-7502-1.4. Foreign adoptions.
A. The courts of this state shall recognize a decree, judgment,
or final order creating the relationship of parent and child by
adoption, issued by a court or other governmental authority with
appropriate jurisdiction in a foreign country or in another state or
territory of the United States. The rights and obligations of the
parties as to matters within the jurisdiction of this state shall be
determined as though the decree, judgment, or final order were
issued by a court of this state. Except that, this state, any of
its agencies, or any court of this state shall not recognize an
adoption by more than one individual of the same sex from any other
state or foreign jurisdiction.
B. An adoptive parent of a minor adopted outside of the United
States with a decree, judgment or final order issued by a court or
other governmental authority with appropriate jurisdiction in a
foreign country may present the decree, judgment, or final order or
present proof that the minor has United States citizenship to the
court in combination with a petition for a name change. Upon
presentation of a decree, judgment, or final order or if the minor
presents proof of United States citizenship, the court shall order
Oklahoma Statutes - Title 10. Children
the State Registrar to prepare a supplementary certificate of birth
for the child as provided for in Section 7505-6.6 of this title,
unless good cause is shown why the certificate should not be issued.
C. A minor born outside of the United States without a decree,
judgment, or final adoption order issued by a court or other
governmental authority with appropriate jurisdiction in a foreign
country may be adopted in Oklahoma if one or both of the petitioners
for adoption are citizens of Oklahoma and the minor is residing in
Oklahoma at the time the petition for adoption is filed.
D. An adoptive parent of a minor adopted outside of the United
States may petition to readopt the minor under Oklahoma law, if one
or both of the petitioners are citizens of Oklahoma and the minor is
residing in Oklahoma at the time the petition for adoption is filed.
E. A proceeding to adopt a minor born outside of the United
States as provided for in subsection C of this section shall proceed
pursuant to the Oklahoma Adoption Code, with the following
provisions:
1. The court may grant a decree of adoption without requiring
notice to the biological parent and without requiring the consent of
the biological parent, if the petitioner files with the petition for
adoption a copy of the termination of parental rights granted by a
judicial, administrative, or executive body of the country of
origin, or a document or documents from such a governmental body
stating that the biological parent has consented to the adoption, or
stating that the parental rights of the biological parent of the
minor have been terminated, or stating that the minor to be adopted
has been relinquished by the biological parent or stating that the
minor has been abandoned. Any document in a foreign language shall
be translated into English by the Department of State or by a
translator who shall certify the accuracy of the translation, and a
copy of the translation and certification shall be filed with the
court along with a copy of the original documents;
2. If a minor born outside of the United States is in the legal
custody of a child-placing agency at the time that the petition for
adoption is filed, notice of the proceedings shall be given to the
child-placing agency prior to the hearing on the petition, and the
consent of the child-placing agency to the adoption shall be
obtained pursuant to Section 7503-2.1 of this title prior to the
granting of the decree of adoption; and
3. The court may waive the issuance of an interlocutory decree
of adoption and the waiting period of six (6) months provided in
Sections 7505-6.1 and 7505-6.3 of this title, and grant a final
decree of adoption, if:
a.
the minor has been in the home of petitioner for at
least six (6) months prior to the filing of the
petition for adoption, and
Oklahoma Statutes - Title 10. Children
b.
a postplacement report has been submitted to the
court.
Added by Laws 1957, p. 26, § 20. Amended by Laws 1996, c. 297, §
11, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 7, eff. Nov. 1,
1997. Renumbered from § 60.20 of this title by Laws 1997, c. 366, §
58, eff. Nov. 1, 1997. Amended by Laws 2004, c. 176, § 1, eff. July
1, 2004.
§10-7503-1.1. Eligibility to adopt.
The following persons are eligible to adopt a child:
1. A husband and wife jointly if both spouses are at least
twenty-one (21) years of age;
2. Either the husband or wife if the other spouse is a parent
or a relative of the child;
3. An unmarried person who is at least twenty-one (21) years of
age; or
4. A married person at least twenty-one (21) years of age who
is legally separated from the other spouse.
Added by Laws 1957, p. 22, § 3. Amended by Laws 1974, c. 297, § 2,
operative July 1, 1974; Laws 1997, c. 366, § 8, eff. Nov. 1, 1997.
Renumbered from § 60.3 of this title by Laws 1997, c. 366, § 58,
eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 7, emerg. eff.
June 11, 1998.
§10-7503-1.2. Written adoption full-disclosure statement Signatures.
A. A written adoption full-disclosure statement shall be
prepared by the attorneys of record for the petitioner and birth
parents in a direct-placement adoption of a minor in this state.
Each statement shall include:
1. The name and address of the attorney;
2. A copy of Sections 865 through 869 of Title 21 of the
Oklahoma Statutes relating to child trafficking;
3. A copy of Section 7505-3.2 of Title 10 of the Oklahoma
Statutes relating to allowable adoption-related costs and expenses;
4. The scope of services provided by the attorney to, or
discussed by the attorney with, the client or clients of the
attorney including, but not limited to, services, if rendered, that
aid in:
a.
coping with the particular behaviors and developmental
history of the child,
b.
understanding the psychological needs of the child
that are related to the racial, ethnic, or cultural
background of the child,
c.
explaining how to help the child understand adoption,
d.
understanding the perspective of the birth parent,
e.
coping with the loss of the child by the birth parent,
Oklahoma Statutes - Title 10. Children
f.
understanding search and reunion issues,
g.
information addressing open and closed adoptions, and
h.
search and reunion resources;
5. A procedure for grievances; provided, that this may be a
reference to a Bar Association service for addressing fee disputes
or ethics complaints;
6. The manner by which the attorney charges fees for legal
services for an adoption, the refund policy, if any, and other
expected or anticipated related fees and expenses of the adoption;
7. A statement that customary risks associated with adoptions
involve:
a.
birth parents who choose not to relinquish parental
rights or not to consent to the adoption,
b.
birth parents who seek to withdraw a consent to
adoption or oppose the adoption for other reasons,
c.
uncertainty or inaccurate information regarding
paternity,
d.
the prenatal care or actions of the birth mother or
care or health of the child, and
e.
discovery of the applicability of the federal and
Oklahoma Indian Child Welfare Acts;
8. A provision informing persons that coercion of birth parents
is prohibited;
9. A statement that an attorney in this state shall not
represent both a relinquishing or consenting parent and a
prospective adoptive parent, except in a stepparent adoption;
10. A copy of Section 7505-6.2 of Title 10 of the Oklahoma
Statutes, specifying the statutory list of items required to be
filed before the final hearing in an adoption;
11. The anticipated time frame for prosecuting a typical
uncontested adoption; and
12. Copies of the federal and Oklahoma Indian Child Welfare
Acts, found at 25 U.S.C., Sections 1901 through 1923 and Sections 40
through 40.9 of Title 10 of the Oklahoma Statutes, respectively.
B. Every adoptive parent and birth parent represented by legal
counsel in a direct-placement adoption of a minor in this state
shall:
1. Be provided by their respective attorneys an adoption fulldisclosure statement as provided for in subsection A of this
section; and
2. Read and sign the adoption full-disclosure statement
acknowledging that they have read and understand the statement.
C. The adoption full-disclosure statement signed by the
petitioner or petitioners shall be attached to the petition for
adoption filed with the court in each direct-placement adoption of a
minor in this state. As to birth parents, the signed adoption fulldisclosure statement shall be attached to the first entry of
Oklahoma Statutes - Title 10. Children
appearance or pleading filed by counsel for said party. The
information disclosed in paragraph 6 of subsection A of this section
shall also be separately stated and attached as an addendum to the
adoption full-disclosure statement and the addendum shall not
disclose the caption of the proceeding, the identities of the
parties or attorney or any other information identifying the parties
or proceeding.
Added by Laws 2009, c. 288, § 1, eff. Nov. 1, 2009.
§10-7503-2.1. Who may consent.
A. A minor may be adopted when there has been filed written
consent to adoption or a permanent relinquishment for adoption
executed by:
1. Both parents of the minor;
2. One parent of the minor, alone, if:
a.
the other parent is dead,
b.
the parental rights of the other parent have been
terminated, or
c.
the consent of the other parent is otherwise not
required pursuant to Section 7505-4.2 of this title;
3. The legal guardian of the person of the minor or the
guardian ad litem of the minor if both parents are dead or if the
rights of the parents have been terminated by judicial proceedings,
or the consent of both parents is otherwise not required pursuant to
Section 7505-4.2 of this title, and such guardian or guardian ad
litem has authority by order of the court appointing the guardian to
consent to the adoption;
4. The executive head of a licensed child-placing agency if:
a.
the minor has been permanently relinquished to such
agency by:
(1) both parents, or
(2) one parent alone if the other parent is dead, the
parental rights of the other parent have been
terminated, or the consent of the other parent is
otherwise not required pursuant to Section 75054.2 of this title, or
b.
the rights of both parents have been judicially
terminated and custody of the minor has been legally
vested in such agency with authority to consent to
adoption of the minor; or
5. Any person having legal custody of a minor by court order
if:
a.
the parental rights of both parents have been
judicially terminated, and
b.
the court that issued the custody order for the minor
has consented to adoption and a certified copy of its
Oklahoma Statutes - Title 10. Children
order containing its consent is filed before the final
decree.
B. 1. A parent of a minor born in wedlock or a parent who is
sixteen (16) years of age or older shall be deemed capable of giving
consent to the adoption of a minor.
2. If the parent of a minor born out of wedlock is under
sixteen (16) years of age, that parent's consent to the adoption
shall be deemed sufficient when:
a.
given by such minor parent before a judge of the
district court, and
b.
accompanied by the written consent of:
(1) the legal guardian of the minor parent,
(2) the parents of the minor parent,
(3) the parent having custody of the minor parent, if
the other parent of the minor parent is deceased
or the parents of the minor parent are divorced,
or
(4) the person having physical custody of the minor
parent, if both parents of the minor parent are
deceased, or
c.
accompanied by a finding of the court issuing the
decree of adoption, if consent cannot be secured from
any individual whose consent is required by
subparagraph b of this paragraph, that:
(1) either notice was given by mail by the court to
such person directing the person to show cause at
a time appointed by the court, which shall be not
less than ten (10) days from the date of mailing,
why the adoption should not be granted without
the individual's consent, or that notice was
waived by the personal appearance of the
individual, and
(2) the individual did not appear to contest the
adoption, or the consent of the individual is
unreasonably withheld.
C. 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 as the court shall direct.
D. 1. When consent for adoption is necessary for minors in the
custody of the Department of Human Services, the Director of the
Department of Human Services or the designee of the Director may
designate, authorize, and direct in writing an employee of the
Department to appear in the court of the county in which said
Oklahoma Statutes - Title 10. Children
adoption proceedings are to be completed and to give written consent
for the adoption of such minor by the family whose application for
adoption has been approved by the Department of Human Services; or
2. The executive head of a licensed child-placing agency whose
consent is required for the adoption of a minor who is in the
custody of the licensed child-placing agency may designate,
authorize and direct in writing an employee of the agency to appear
in the district court of the county in which the adoption
proceedings are to be completed or before anyone authorized by law
to take acknowledgements and to give written consent for the
adoption of the minor.
Added by Laws 1957, p. 23, § 5. Amended by Laws 1959, p. 26, § 1,
emerg. eff. July 15, 1959; Laws 1961, p. 15, § 1, emerg. eff. June
29, 1961; Laws 1971, c. 316, § 1, emerg. eff. June 24, 1971; Laws
1974, c. 297, § 3, operative July 1, 1974; Laws 1985, c. 337, § 1,
eff. Feb. 1, 1986; Laws 1994, c. 122, § 1, eff. July 1, 1994; Laws
1996, c. 297, § 3, emerg. eff. June 10, 1996; Laws 1997, c. 366, §
9, eff. Nov. 1, 1997. Renumbered from § 60.5 of this title by Laws
1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c.
415, § 8, emerg. eff. June 11, 1998.
§10-7503-2.2. When consent may be given.
A. The mother of a minor shall not execute a valid consent to
the adoption of the minor or a permanent relinquishment of the minor
prior to the birth of the minor.
B. The father of a minor born in wedlock shall not execute a
valid consent to the adoption of the minor or a permanent
relinquishment of the minor prior to the birth of the minor.
C. A putative father of a minor may execute a consent to the
adoption of the minor, a permanent relinquishment of the minor, or
an extrajudicial consent to the adoption of the minor before or
after the birth of the minor.
D. A guardian, guardian ad litem or legal custodian of a child
may execute a consent to the adoption of a minor or a permanent
relinquishment at any time after being authorized by a court to do
so.
E. A child-placing agency that places a child for adoption may
execute its consent at any time at or before the hearing on the
petition for adoption.
F. A minor twelve (12) years of age or older whose consent is
required pursuant to Section 7503-2.1 of this title may execute a
consent to adoption at any time at or before the hearing on the
petition for adoption.
Added by Laws 1997, c. 366, § 10, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 9, emerg. eff. June 11, 1998.
§10-7503-2.3.
Permanent relinquishments.
Oklahoma Statutes - Title 10. Children
A. A permanent relinquishment may be executed by a person whose
consent to the adoption of a minor is required by Section 7503-2.1
of this title. The permanent relinquishment shall be in writing and
shall relinquish all of that individual's rights with respect to the
minor, including legal and physical custody and the right to consent
to the minor's adoption.
B. Permanent relinquishments may be made only to:
1. The Department of Human Services;
2. A child-placing agency; or
3. Any other person, with the written consent of the Department
or court.
C. A permanent relinquishment shall be in writing, executed
before a judge of the district court in this state, recorded by a
court reporter and contain:
1. The date, place, and time of the execution of the permanent
relinquishment;
2. The name and date of birth of the person executing the
permanent relinquishment;
3. The current mailing address, telephone number and social
security number of the person executing the permanent
relinquishment;
4. Instructions that the permanent relinquishment is
irrevocable, except upon the specific grounds specified in Section
7503-2.7 of this title, upon which the permanent relinquishment can
be revoked and the manner in which a motion to set aside the
permanent relinquishment must be filed; and
5. The name of the person or agency as described in subsection
B of this section to whom the permanent relinquishment is being
given and who shall have the right to give consent to the minor’s
adoption.
D. A permanent relinquishment 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 permanent relinquishment 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 permanent relinquishment is
represented by counsel or has waived any right to counsel;
4. That the execution of the permanent relinquishment does not
terminate any duty of the person executing the permanent
relinquishment to support the mother or the minor until the adoption
is completed;
5. That the person executing the permanent relinquishment has
not received or been promised any money or anything of value for the
permanent relinquishment, except for payments authorized by law;
Oklahoma Statutes - Title 10. Children
6. Whether the individual executing the permanent
relinquishment is a member of an Indian tribe and whether the minor
is eligible for membership or the minor 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 permanent relinquishment 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 nondisclosure have been filed pursuant to Section
7503-2.5 of this title and that the relinquishing parent may sign an
affidavit of nondisclosure.
E. When it appears to the court that the parent or guardian
executing a permanent relinquishment desires counsel but is indigent
and cannot for that reason employ counsel, the court shall appoint
counsel. In all counties having county indigent defenders, the
county indigent defenders shall assume the duties of representation
in such proceedings.
F. The transcript of the court proceedings pursuant to this
section shall be placed in the court record.
G. The verification of the court shall be in substantially the
following form:
I, _______________, Judge of the District Court in and for
__________ County, State of Oklahoma, a Court having original
adoption jurisdiction, do hereby certify, that upon this day,
__________ personally appeared in open Court, before me, and orally
and in writing executed the above and foregoing permanent
relinquishment for adoption.
In executing this acknowledgement, I further certify that the
said ___________ acknowledged that the person executed said
relinquishment to adoption freely and voluntarily, and that it was
explained to such person by or before me, the undersigned Judge of
the District Court, that in executing the relinquishment, the person
was surrendering all parental authority whatsoever over the minor;
and that with such explanation made to the person relinquishing the
minor by or before me, the undersigned Judge of the District Court,
the person executed the relinquishment, freely, voluntarily and
intelligently for all uses and purposes therein set forth.
I further certify that it was explained to the relinquishing
person that this relinquishment is irrevocable and final except for
fraud or duress and may not be revoked or set aside except and
unless no Petition to Adopt is filed within nine (9) months after
placement of the minor or if this or some other court decides not to
terminate the rights of the other parent of the minor. I further
certify that I am satisfied that the relinquishing person
understands the consequences of an adoption; the relinquishing
Oklahoma Statutes - Title 10. Children
person has represented that such person has not received or been
promised any money or anything of value for the giving of the
permanent relinquishment except for those payments authorized by
law; the relinquishing person has represented that such person is
not under the influence of alcohol or medication or any other
substance that affects the person's competence; the person fully
understood the English language and communicated in the English
language at all times during said hearing, or all information was
translated into the relinquishing person's language, and was fully
understood by the person; and if the relinquishing person was the
biological parent, such parent was advised regarding the affidavit
of nondisclosure.
H. A permanent relinquishment shall be signed before any judge
of a court having probate or adoption jurisdiction in this state or
in the state of residence of the person executing the permanent
relinquishment.
I. 1. a. If an individual permanently relinquishing the child
resides in a country or place other than the United
States of America, other than a member of the United
States Armed Services stationed abroad, the permanent
relinquishment of the individual may be obtained by a
written instrument signed by such person and
acknowledged before an officer of the legal
subdivision of the government of the place of such
person's residence who is authorized to administer
oaths under the laws of such country or place.
b.
If the foreign country's government does not involve
itself in adoption matters, the permanent
relinquishment may be executed before an officer of
the Judge Advocate General's Office of the United
States Armed Services or before an officer of the
United States Embassy located in that country,
provided the execution of a permanent relinquishment
is not a violation of the laws of the foreign country,
or a violation of international law or treaty between
the foreign country's government and the United
States. The permanent relinquishment shall reflect
that the permanent relinquishment is not given or
accepted in violation of the laws of the foreign
country or in violation of international law or treaty
between such foreign country's government and the
United States.
2. If an individual permanently relinquishing the child is a
member of the United States Armed Services stationed in a country or
place other than the United States, the individual's permanent
relinquishment may be acknowledged before an officer of the Judge
Oklahoma Statutes - Title 10. Children
Advocate General's Office or other legal officer possessing the
authority to administer oaths.
J. If the written instrument containing a permanent
relinquishment is written in a language other than the English
language, the petitioner must have it translated into the English
language by a person qualified to do so, and must file the original
instrument together with the translation with the court. The
translation must be sworn to as being a true and correct translation
by the person translating the document.
K. Except as otherwise required by subsection I of this
section, when the person permanently relinquishing the child for the
purposes of adoption resides outside of Oklahoma, the permanent
relinquishment by such person may be executed in that state or
country in the manner set forth in the Oklahoma Adoption Code or in
the manner prescribed by the laws of the state or country of such
person's residence.
L. 1. A court before which a permanent relinquishment has been
executed may enter an order terminating parental rights of the
parent of a child if such parent has executed a permanent
relinquishment for adoption pursuant to the Oklahoma Adoption Code.
2. Any order terminating parental rights of a parent pursuant
to this subsection shall state that the termination of parental
rights shall not terminate the duty of the parent to support the
child of such parent. The duty of the parent to support the child
shall not be terminated until such time as a final decree of
adoption has been entered.
3. Any proceedings held pursuant to this subsection shall not
require the state as a necessary party.
Added by Laws 1997, c. 366, § 11, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 10, emerg. eff. June 11, 1998; Laws 1999, c.
396, § 15, emerg. eff. June 10, 1999.
§10-7503-2.4. Contents of consent to adoption.
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:
Oklahoma Statutes - Title 10. Children
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
nondisclosure have been filed pursuant to Section 7503-2.5 of this
title and that the consenting parent may file an affidavit of
nondisclosure.
C. Before executing a consent, a minor twelve (12) years of age
or older must have been informed by the court of the meaning and
consequences of the adoption and the availability of social and
medical history information, pursuant to Section 7504-1.2 of this
title, when the minor turns eighteen (18) years of age.
D. When it appears to the court that the parent or guardian
executing a consent desires counsel but is indigent and cannot for
that reason employ counsel, the court shall appoint counsel. In all
counties having county indigent defenders, the county indigent
defenders shall assume the duties of representation in such
proceedings.
E. The transcript of the court proceedings pursuant to this
section shall be placed in the court record.
F. Except as otherwise provided by subsection K of this
section, verification of the court shall be in substantially the
following form:
I, _______________, Judge of the District Court in and for
__________ County, State of Oklahoma, a Court having original
adoption jurisdiction, do hereby certify, that upon this day,
__________ personally appeared in open Court, before me, and orally
Oklahoma Statutes - Title 10. Children
and in writing executed the above and foregoing Appearance and
Consent to Adoption.
In executing this acknowledgement, I further certify that the
said ___________ acknowledged that the person executed said consent
to adoption freely and voluntarily, and that it was explained to
such person by or before me, the undersigned Judge of the District
Court, that in executing the consent the person was surrendering all
parental authority whatsoever over the minor; and that with such
explanation made to the consenting person by or before me, the
undersigned Judge of the District Court, the person executed the
consent, freely, voluntarily and intelligently for all uses and
purposes therein set forth.
I further certify that it was explained to the consenting person
that this consent is irrevocable and final except for fraud or
duress and may not be revoked or set aside except and unless no
Petition to Adopt is filed within nine (9) months after placement of
the minor or if this or some other court decides not to terminate
the rights of the other parent of the minor. I further certify that
I am satisfied that the consenting person understands the
consequences of an adoption; the consenting person has represented
that such person has not received or been promised any money or
anything of value for the giving of consent except for those
payments authorized by law; the consenting person has represented
that such person is not under the influence of alcohol or medication
or other substance that affects the person's competence; the parent
fully understood the English language and communicated in the
English language at all times during said hearing, or all
information was translated into the consenting person's language,
and was fully understood by the person; and if the consenting person
was the biological parent, such parent was advised regarding the
affidavit of nondisclosure.
G. A consent may be signed before any judge of a court having
probate or adoption jurisdiction in this state or in the state of
residence of the person executing the consent.
H. 1. a. If an individual whose consent is necessary resides in
a country or place other than the United States of
America, other than a member of the United States
Armed Services stationed abroad, the consent of the
individual to the adoption may be obtained by a
written instrument signed by such person and
acknowledged before an officer of the legal
subdivision of the government of the place of such
person's residence who is authorized to administer
oaths under the laws of such country or place.
b.
If the foreign country's government does not involve
itself in adoption matters, the consent may be
executed before an officer of the Judge Advocate
Oklahoma Statutes - Title 10. Children
General's Office of the United States Armed Services
or before an officer of the United States Embassy
located in that country, provided the execution of
such consent is not a violation of the laws of the
foreign country, or a violation of international law
or treaty between the foreign country's government and
the United States. The consent shall reflect that the
consent is not given or accepted in violation of the
laws of the foreign country or in violation of
international law or treaty between such foreign
country's government and the United States.
2. 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.
I. If the written instrument containing a consent to adoption
is written in a language other than the English language, the
petitioner must have it translated into the English language by a
qualified translator, and must file the original instrument together
with the translation with the court. The translation must be sworn
to as being a true and correct translation by the person translating
the document.
J. Except as otherwise required by subsection H of this
section, when the person whose consent is or may be required resides
outside of Oklahoma, the consent to adoption by such person may be
executed in that state or country in the manner set forth in the
Oklahoma Adoption Code or in the manner prescribed by the laws of
the state or country of such person's residence.
K. 1. When the person whose consent is required is the
Director or designee of the Department of Human Services for minors
in the custody of the Department of Human Services, the contents of
the consent need only contain the full name of the person executing
the consent, that the person executing the consent is duly
authorized by the Director to consent to the adoption, the full name
of the child being adopted, and the names and addresses of adoptive
petitioners.
2. The verification of the court shall be in substantially the
following form:
I, _______________, Judge of the District Court in and for
__________ County, State of Oklahoma, a Court having original
adoption jurisdiction, do hereby certify, that upon this day,
__________ personally appeared in open Court, before me, and orally
and in writing executed the above and foregoing Appearance and
Consent to Adoption.
Oklahoma Statutes - Title 10. Children
Added by Laws 1997, c. 366, § 12, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 11, emerg. eff. June 11, 1998; Laws 2000, c.
385, § 9, eff. Nov. 1, 2000.
§10-7503-2.5. Acknowledgment of consent to adoption or permanent
relinquishment before judge - Affidavit of nondisclosure.
A. At the time that a written consent to adoption or permanent
relinquishment is acknowledged by a biological parent before a judge
of a court of this state, the judge shall advise the biological
parent:
1. That an adult adopted person born in the State of Oklahoma
whose decree of adoption is finalized after November 1, 1997, may
obtain such person's original certificate of birth;
2. That, if affidavits of nondisclosure have been filed by both
biological parents and have not been revoked by either biological
parent at the time that the request for the original birth
certificate is made by the adult adopted person, the original birth
certificate will not be released to the adult adopted person; and
3. That if an unrevoked affidavit of nondisclosure by only one
biological parent is on file with the State Registrar of Vital
Statistics at the time that the request for the original birth
certificate is made by the adult adopted person, identifying
information regarding the parent who filed the unrevoked affidavit
of nondisclosure will be deleted from the original birth certificate
before it is provided to the adult adopted person. The identity of
the parent who does not have an unrevoked affidavit of nondisclosure
on file, if it is contained in the original birth certificate, will
be disclosed.
B. 1. The judge shall ascertain whether the biological parent
wishes to execute an affidavit of nondisclosure. If so, an
affidavit of nondisclosure form shall be made available to the
biological parent by the court and may be executed in the presence
of the judge at the time the written consent to adoption or
relinquishment for adoption is acknowledged.
2. An affidavit of nondisclosure signed at the time a consent
or relinquishment is acknowledged shall be filed in the adoption
action with the consent or relinquishment for adoption.
3. Affidavit of nondisclosure forms shall also be available in
each district court clerk's office and may be executed and filed by
a biological parent in the court in which an adoption action is
pending.
4. An affidavit of nondisclosure may be filed after a final
decree of adoption has been entered.
C. A biological parent who has executed an affidavit of
nondisclosure may revoke the affidavit of nondisclosure at any time
by filing a revocation with the State Registrar of Vital Statistics.
Upon receipt of a revocation of an affidavit of nondisclosure, the
Oklahoma Statutes - Title 10. Children
State Registrar shall attach the revocation to the affidavit of
nondisclosure and file it with the original certificate of birth and
other records of the adoption.
D. The failure to follow any provisions of this section shall
not be grounds to challenge a decree of adoption.
Added by Laws 1997, c. 366, § 13, eff. Nov. 1, 1997.
§10-7503-2.6. Extrajudicial consent.
A. 1. A putative father at least sixteen (16) years of age, of
a minor born out of wedlock who is not an Indian child, as defined
by the Oklahoma Indian Child Welfare Act, may execute an
extrajudicial consent before a notary public in which the putative
father waives any legal interest in the minor, disclaims any legal
rights with respect to the minor, and consents to the adoption of
the minor. An extrajudicial consent may be executed by a putative
father before or after the birth of the minor.
2. A man who is the legal husband of the mother of a minor who
is not an Indian child, as defined by the Oklahoma Indian Child
Welfare Act, may execute an extrajudicial consent before a notary
public in which he waives any legal interest in the minor, disclaims
any legal rights with respect to the minor, and consents to the
adoption of the minor. An extrajudicial consent may be executed by
the father only after the birth of the minor.
B. The extrajudicial consent shall contain:
1. The date, place, and time of the execution of the consent;
2. The name, current mailing address, telephone number, date of
birth, and social security number of the putative father executing
the consent;
3. Instructions that the consent is revocable for any reason
for fifteen (15) days after the execution of the consent, the manner
in which it may be revoked, and that thereafter the consent is
irrevocable, except upon the specific grounds specified in Section
7503-2.7 of this title;
4. A statement that the putative father is executing the
document voluntarily and is unequivocally consenting to the adoption
of the minor, and that the putative father understands that the
consent is final, and except for fraud or duress or the other
grounds set forth in Section 7503-2.7 of this title, may not be
revoked for any reason more than fifteen (15) days after execution
of the document;
5. A statement that the putative father executing consent is
represented by counsel or has waived the right to counsel;
6. A statement that the putative father understands that the
execution of the extrajudicial consent does not terminate any duty
of the person executing the extrajudicial consent to support the
mother or the minor until the adoption is completed;
Oklahoma Statutes - Title 10. Children
7. A statement that the putative father executing the consent
is not a member of an Indian tribe and that the minor is not,
through him, eligible for membership in an Indian tribe;
8. A statement that the putative father believes that the
adoption of the minor is in the minor's best interests;
9. A statement that the putative father 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
nondisclosure have been filed pursuant to Section 7503-2.5 of this
title and that the consenting putative father may file an affidavit
of nondisclosure;
10. A statement that the putative father has not received or
been promised any money or any thing of value for the extrajudicial
consent, except for payments authorized by law; and
11. A statement that the putative father is not under the
influence of alcohol or medication or other substance that affects
his competence at the time of the signing of the extrajudicial
consent.
C. An extrajudicial consent shall be revocable for any reason
for fifteen (15) calendar days after the execution of the consent
before the notary public. To revoke the extrajudicial consent, the
consenting person must file a notice of revocation and an intent to
claim paternity, an acknowledgement of paternity, or a notice of his
desire to receive notice of adoption proceedings or proceedings to
terminate his parental rights, with the Paternity Registry of the
Department of Human Services pursuant to Section 7506-1.1 of this
title, and must provide a copy of this notice to the birth mother at
the time of filing the notice with the Paternity Registry of the
Department of Human Services.
D. The execution of an extrajudicial consent does not
extinguish any duty of the putative father to support the mother or
the minor until the adoption is completed.
E. Where no notice of revocation is filed in the time period
specified in subsection C of this section, the execution of the
extrajudicial consent shall operate as a waiver of the consenting
person’s right to notice and participation in any adoption
proceedings or termination of parental rights proceedings regarding
the minor referenced in the extrajudicial consent.
Added by Laws 1997, c. 366, § 14, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 12, emerg. eff. June 11, 1998; Laws 1999, c.
396, § 16, emerg. eff. June 10, 1999; Laws 2005, c. 57, § 1, eff.
Nov. 1, 2005.
§10-7503-2.7.
adoption.
Setting aside permanent relinquishment or consent to
Oklahoma Statutes - Title 10. Children
A. Except as otherwise provided in subsection B of this section
and in Section 7503-2.6 of this title, a permanent relinquishment or
consent to adoption executed pursuant to the Oklahoma Adoption Code
shall be irrevocable.
B. The court shall set aside a permanent relinquishment or
consent to adoption or vacate an order terminating parental rights
based upon the execution of a permanent relinquishment only if it
would be in the best interests of the minor and if the individual
who executed the permanent relinquishment or consent establishes:
1. By a preponderance of the evidence that without good cause
shown, a petition to adopt was not filed within nine (9) months
after the minor was placed for adoption;
2. By a preponderance of the evidence, that another consent or
permanent relinquishment was not executed or that a court decided
not to terminate another individual's parental relationship to the
minor; or
3. By clear and convincing evidence, before a decree of
adoption is issued, or within three (3) months of the discovery of
the fraud, whichever is later, that the consent was obtained by
fraud or duress.
C. Notice of the motion to set aside the consent or permanent
relinquishment and hearing on the motion shall be provided to:
1. The person who filed for adoption of the minor;
2. The Department of Human Services or any child-placing agency
participating in the adoption; and
3. To any person or agency in whose favor the consent was
given.
D. The court shall provide an opportunity to be heard to the
person who has filed for adoption and to any agency participating in
the adoption as to why the withdrawal of consent would not be in the
best interest of the minor.
E. The court may enter such orders as justice requires
regarding the costs and legal fees of the person who filed for
adoption, the agency, the Department and the person seeking that the
consent or permanent relinquishment be set aside.
Added by Laws 1957, p. 24, § 10. Amended by Laws 1973, c. 157, § 1,
emerg. eff. May 14, 1973; Laws 1990, c. 65, § 1, operative July 1,
1990; Laws 1997, c. 366, § 15, eff. Nov. 1, 1997. Renumbered from §
60.10 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
Amended by Laws 1998, c. 415, § 13, emerg. eff. June 11, 1998.
§10-7503-3.1. Notice of plan for adoption.
A. 1. Before or after the birth of a minor born out of
wedlock, the Department of Human Services, a licensed child-placing
agency, or an attorney representing prospective adoptive parents of
the minor may, by in-hand service to the putative father or
certified mail to the putative father, to be signed by the putative
Oklahoma Statutes - Title 10. Children
father only, notify or cause to be notified a putative father of the
minor that the mother of the child is considering an adoptive
placement for the minor through a Notice of Plan for Adoption. If
service of the Notice of Plan for Adoption is made by in-hand
service, delivery of the Notice must be made by a person licensed to
make service of process in civil cases. Residence service delivered
to or signed by a person residing in the home of the putative father
or any other forms of substitute service shall not be sufficient
service pursuant to this subsection.
2. Service of a Notice of Plan for Adoption may be served in
the manner permitted in this subsection upon a putative father
within this state or outside of this state.
B. The Notice of Plan for Adoption shall include the following:
1. The identity of the mother, that she is pregnant and the
estimated date of birth, that the notified person may be the father
of the minor, and that a plan for the adoption of the minor is being
considered by the mother;
2. A preaddressed form for filing by mail or in person with the
Paternity Registry of the Department of Human Services and a copy to
be returned to the attorney or agency who sent it. On this form,
the recipient shall sign the form and indicate one of the following
choices:
a.
"I do not know if I am the father of this minor. I
desire to receive notice of the adoption proceedings
or the proceeding to terminate parental rights. I
understand that this creates no evidence that could be
introduced in court to prove paternity. Its only
legal effect is to entitle me to notice, at the
address listed on the form, of an adoption proceeding
that may be filed after the birth of the minor."
b.
"I hereby file my notice of intent to claim paternity.
I understand that a notice of intent to claim
paternity may be revoked at any time by filing a
notice to disclaim with the Paternity Registry of the
Department of Human Services. I also understand that
an unrevoked notice of intent to claim paternity may
be used as evidence in any future court proceeding in
which it may be relevant, including a child support
proceeding. I desire to receive notice of the
adoption proceeding or the proceeding to terminate
parental rights."
c.
"I acknowledge paternity. I understand that this
acknowledgement of paternity cannot be revoked and may
be used as evidence in any future court proceeding in
which it may be relevant, including a child support
proceeding. I desire to receive notice of the
Oklahoma Statutes - Title 10. Children
adoption proceeding or the proceeding to terminate
parental rights."
d.
"I deny paternity. I am not the father of the minor
and I do not want to receive notice of any adoption
proceeding, or proceeding to terminate my parental
rights regarding the minor. I understand that I am
waiving and surrendering any parental rights in
relation to the minor in connection with the adoption
of the minor. I understand that my consent to the
adoption will not be required."
e.
"I may or may not be the father of the minor. I do
not want to receive notice of any adoption proceeding,
or proceeding to terminate my parental rights
regarding the minor. I understand that I am waiving
and surrendering any parental rights in relation to
the minor in connection with the adoption of the
minor. I understand that my consent to the adoption
will not be required."
3. In addition, the Notice of Plan for Adoption shall inform
the putative father that:
a.
if the form is not received by the Department of Human
Services or the attorney or child-placing agency
sending it within thirty (30) days from the date that
the Notice of Plan for Adoption is served, the failure
to file the form shall constitute:
(1) a waiver of the right to receive further notice
of any adoption proceedings or proceedings to
terminate parental rights, if any, that may be
filed regarding the minor,
(2) a denial of interest in the minor, which denial
shall result in the court's termination of the
notified party's parental rights to the minor and
approval of an adoption without his consent if an
adoption proceeding is filed regarding the minor
and the adoption is approved by the court,
b.
if the form is received by the Paternity Registry of
the Department of Human Services or the attorney or
child-placing agency sending it within thirty (30)
days of the date of service of the Notice of Plan for
Adoption, and it indicates that any of the options
specified in subparagraphs a, b and c of paragraph 2
of this subsection have been chosen, the notified
person shall have a right to receive notice of any
adoption proceedings or any termination of parental
rights proceedings that may be filed regarding the
minor, at the address given by the putative father on
the form, or at an address later provided to the
Oklahoma Statutes - Title 10. Children
Paternity Registry of the Department of Human
Services. The return of the form to the Paternity
Registry of the Department of Human Services or the
attorney or child-placing agency sending the form is
the only action by which the notified person will
retain the right, if any, to notice of adoption or
termination of parental rights proceedings regarding
the minor,
c.
the filing of the enclosed form shall not, by itself,
constitute the bearing of parental responsibilities,
and shall not, by itself, establish parental rights,
d.
the filing of the enclosed form or the failure to file
the enclosed form shall not affect the duty to support
the mother or child during the pregnancy or after the
delivery of the minor,
e.
if a petition to adopt the minor is not filed within
twelve (12) months of the placement of the minor for
adoption, failure to mail the enclosed notice form
shall not affect the notified person's parental rights
and responsibilities,
f.
the failure to give such notice shall not be grounds
available to the father to establish that he was
denied knowledge of the pregnancy, and
g.
receipt by a putative father of a Notice of Plan for
Adoption or return of the form does not obligate the
mother of the minor to proceed with an adoptive
placement of the minor.
C. If the form is not received by the Paternity Registry of the
Department of Human Services, the attorney or child-placing agency
within thirty (30) days from the date that the Notice of Plan for
Adoption is served, the failure to file the form shall constitute:
1. A waiver of the right to receive further notice of any
adoption proceedings or proceedings to terminate parental rights, if
any, that may be filed regarding the minor; and
2. A denial of interest in the minor, which denial shall result
in the court's termination of the notified party's parental rights
to this minor and approval of an adoption without his consent if an
adoption proceeding is filed regarding this minor and the adoption
is approved by the court.
D. If the form is received by the Paternity Registry of the
Department of Human Services, or the attorney or child-placing
agency within thirty (30) days of the date of service of the Notice
of Plan for Adoption, and it indicates that any of the options
specified in subparagraphs a, b and c of paragraph 2 of subsection B
of this section have been chosen, the putative father shall have a
right to receive notice of any adoption proceedings or any
termination of parental rights proceedings that may be filed
Oklahoma Statutes - Title 10. Children
regarding the minor, at the address of the putative father given on
the form, or at an address later provided to the Paternity Registry
of the Department of Human Services. The return of the form to the
Paternity Registry of the Department of Human Services, or the
attorney or child-placing agency sending the form within thirty (30)
days is the only action by which the notified person will retain the
right, if any, to notice of adoption or termination of parental
rights proceedings regarding the minor.
E. The filing of the enclosed form shall not, by itself,
constitute the bearing of parental responsibilities, and shall not,
by itself, establish parental rights.
F. The filing of the enclosed form or the failure to file the
enclosed form shall not affect the duty to support the mother or
minor during the pregnancy or after the delivery of the minor.
G. If a petition to adopt the minor has not been filed within
twelve (12) months of placement of the minor for adoption, failure
to mail the enclosed notice form shall not affect the notified
person's parental rights and responsibilities.
H. The failure to give such notice shall not be grounds
available to the father to establish that he was denied knowledge of
the pregnancy.
I. Receipt by a putative father of a Notice of Plan for
Adoption or return of the form does not obligate the mother of the
minor to proceed with an adoptive placement of the minor.
Added by Laws 1997, c. 366, § 16, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 14, emerg. eff. June 11, 1998.
§10-7503-3.2. Notice of filing of paternity action by putative
father.
A. 1. If a putative father files a paternity action after
receiving notice of or having knowledge of a potential adoption, the
putative father shall notify the attorney for the petitioner for
adoption or the child-placing agency that is placing the minor for
adoption that the paternity action has been filed, including, but
not limited to:
a.
the name of the court,
b.
the case number, and
c.
the date of filing.
2. If the name or location of the attorney for the petitioner
for adoption or the child-placing agency placing the minor for
adoption cannot be ascertained by the putative father, the putative
father shall notify the petitioner for adoption. If the petitioner
for adoption is also unknown to the putative father, the putative
father shall notify the Paternity Registry of the Department of
Human Services.
B. Upon a motion of the prospective adoptive parent, the court
having jurisdiction over the paternity action, if it is filed in a
Oklahoma Statutes - Title 10. Children
court of this state, shall allow the prospective adoptive parent to
intervene in the paternity action and have the opportunity to be
heard and seek custody and/or visitation. If a proceeding for
adoption or for termination of parental rights of the putative
father and a paternity action by the putative father regarding the
same minor are both pending in the courts of this state, upon motion
of any party, the court having jurisdiction over the paternity
action shall transfer the paternity proceeding to the court in which
the adoption or termination proceeding is pending, whereupon the two
proceedings may be considered.
Added by Laws 1998, c. 415, § 15, emerg. eff. June 11, 1998.
§10-7503-4.1. Temporary orders of custody.
A. 1. If a mother of a minor born out of wedlock or a mother
and father of a minor born in wedlock appear before a judge of the
district court prior to the birth of the minor and request that the
court issue a temporary order of custody effective after the birth
of the minor to a child-placing agency licensed in Oklahoma, an
attorney licensed in Oklahoma, or a prospective adoptive parent who
has presented to the court a favorable preplacement home study, the
court may, following the birth of the minor but prior to the
execution of a consent or permanent relinquishment by such parent or
parents, issue an order of temporary custody to the agency or
attorney so designated or, upon review by the judge of the
preplacement home study, to the prospective adoptive parent.
2. A prebirth request by a mother of a minor born out of
wedlock or of the mother and father of a child born in wedlock for
an order of temporary custody shall not be construed to be a consent
to the adoption of the minor or a permanent relinquishment of the
minor.
3. Until such time as a consent or permanent relinquishment is
signed by the mother of a minor born out of wedlock or by both
parents of a minor born in wedlock, pursuant to the Oklahoma
Adoption Code, the mother of the minor born out of wedlock or either
parent of the minor born in wedlock may apply to the court at any
time to vacate the order of temporary custody. Upon such
application, the court shall set aside the temporary custody order
and order that the minor be returned to the parent.
4. The temporary order of custody issued pursuant to this
subsection shall, by its own terms, expire no later than ninety (90)
days after it has been issued by the court. Provided, the court
upon application may grant an extension if, prior to the
application, the mother of a minor born out of wedlock or the mother
and father of a minor born in wedlock have executed a consent or
permanent relinquishment and if the court has jurisdiction to
adjudicate termination of parental rights or adoption proceedings
pursuant to Section 7502-1.1 of this title.
Oklahoma Statutes - Title 10. Children
B. 1. After a birth mother of a minor born out of wedlock
executes a consent to adoption or a permanent relinquishment
pursuant to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma
Statutes, the court may issue an order granting temporary custody of
the minor to a child-placing agency licensed in this state, an
attorney licensed in this state or, upon review by the court of the
preplacement home study, to a prospective adoptive parent.
2. After the mother and father of a minor born in wedlock
execute a consent to adoption or permanent relinquishment pursuant
to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma
Statutes, the court may issue an order granting temporary custody of
the minor to a child-placing agency licensed in this state, an
attorney licensed in this state or, upon review by the court of the
preplacement home study, to a prospective adoptive parent.
3. The temporary order of custody issued pursuant to this
subsection shall, by its own terms, expire no later than ninety (90)
days after it has been issued by the court. Provided, the court
upon application may grant an extension if the court has
jurisdiction to adjudicate termination of parental rights or
adoption proceedings pursuant to Section 7502-1.1 of this title.
Added by Laws 1998, c. 415, § 16, emerg. eff. June 11, 1998.
§10-7504-1.1. Medical and social history report.
A. 1. Except as otherwise provided by the Oklahoma Adoption
Code, before placing a minor for adoption, the Department of Human
Services or a child-placing agency shall compile a written medical
and social history report of the minor to be adopted, containing:
a.
all of the information required in subsections B and C
of this section that is reasonably available from each
biological parent, from any person who has had legal
or physical custody of the minor, and from any other
relative, or other person or entity who can provide
information that cannot otherwise reasonably be
obtained from the biological parents or a person who
has had legal or physical custody of the minor,
b.
a copy of all medical, dental and psychological
records of the minor obtained from anyone who has
provided medical, dental or psychological services to
the minor, and
c.
a copy of all educational records of the minor.
2. If a minor is not being placed for adoption through the
Department or a child-placing agency, the attorney representing the
adoptive parent in the adoption proceedings shall compile the
report. If the adoptive parent is not represented by an attorney in
a direct placement adoption, the person placing the minor for
adoption shall compile the report.
Oklahoma Statutes - Title 10. Children
B. 1. The Department shall prescribe the form to be used to
record the medical history of the minor and the minor's biological
relatives. The Department shall furnish the forms to any childplacing agency and to any person who is authorized to place a minor
for adoption or who provides services with respect to placements for
adoption.
2. The medical history form shall include, but is not limited
to:
a.
a current medical and psychological history of the
minor, including information concerning:
(1) any prenatal, neonatal, medical, dental,
psychiatric or psychological diagnoses,
examinations or reports,
(2) any diseases, illnesses, accidents, allergies,
and congenital or birth defects,
(3) a record of any immunization and other health
care received,
(4) the minor's developmental history, including the
age at which the minor developed basic gross
motor, fine motor, language and cognitive skills,
(5) any behavioral problems the minor has exhibited,
(6) any physical, sexual or emotional abuse suffered
by the minor, and
(7) any other information necessary to determine the
child's eligibility for state or federal
benefits, including subsidies for adoption and
other financial, medical, or similar assistance,
and
b.
relevant information concerning the medical and
psychological history of the minor's biological
parents and relatives, including information
concerning:
(1) the gynecologic and obstetric history of the
biological mother,
(2) the health of the biological mother during her
pregnancy with the minor,
(3) the consumption of drugs, medication or alcohol
by the biological father or the biological mother
at the time of conception and by the biological
mother during her pregnancy with the minor,
(4) the exposure of the biological mother to toxic
substances, fumes or occupational hazards during
her pregnancy that could affect the health of the
minor,
(5) whether the minor's biological mother and
biological father are related to each other and
to what degree,
Oklahoma Statutes - Title 10. Children
(6)
any history of venereal disease afflicting either
biological parent,
(7) physical characteristics of the biological
parents, other children of either biological
parent, and the biological grandparents,
including age at the time of the minor's birth,
height, weight, color of eyes, hair, skin and
other information of a similar nature,
(8) unusual physical characteristics of any
biological parent, other children of either
biological parent, biological grandparents and
other biological relatives,
(9) potentially inheritable genetic, psychological,
or physical diseases, disorders, traits, or
tendencies of the biological parents, other
children of either biological parent, the
biological grandparents or other biological
relatives,
(10) allergies, diseases, illnesses, and other medical
history of biological parents, other children of
either biological parent, biological grandparents
and other biological relatives, including but not
limited to diabetes, high blood pressure,
alcoholism, heart disease, cancer, and epilepsy
or predisposition thereto,
(11) any addiction or predisposition to addiction to
drugs or alcohol by the biological parents, other
children of either biological parent, biological
grandparents or other biological relatives,
(12) if the death of either biological parent, other
children of either biological parent, or a
biological grandparent has occurred, the fact of
the death, the age of the decedent at the time of
death, and the cause, if known,
(13) the psychological history of the biological
parents, other children of either biological
parent, biological grandparents and other
biological relatives, including any psychiatric
or psychological evaluations, the date of the
evaluation, any diagnoses, and a summary of any
psychiatric or psychological findings or
treatment, and
(14) any other useful or unusual health-related
information that the biological parents or
relatives are willing to provide.
Oklahoma Statutes - Title 10. Children
C. The social history report regarding the minor to be adopted,
the biological parents, other children of either biological parent
and other biological relatives shall include, but is not limited to:
1. The educational history of the minor including, but not
limited to, the minor's enrollment and performance in school, the
results of educational testing, special educational needs of the
minor, if any, and the number of years of school completed at the
time of the adoption;
2. The age of the minor, the biological parents, other children
of either biological parent, and the biological grandparents at the
time of the adoption, and the gender of the other children of either
biological parent;
3. The circumstances leading to the adoption;
4. The heritage of the minor including, but not limited to, the
minor's nationality, ethnic background, tribal affiliation, if any,
and race;
5. The occupation of the biological parents and the biological
grandparents, but not specific titles or places of employment;
6. The talents, hobbies and special interests of the minor, the
biological parents, and the biological grandparents;
7. Nonidentifying information about the extended family of the
biological parents and biological grandparents;
8. The level of educational and vocational achievement of the
minor's biological parents and relatives and any noteworthy
accomplishments;
9. An account of the minor's past and existing relationship
with any individual with whom the minor has regularly lived or
visited;
10. A criminal conviction, judicial order terminating parental
rights, or other proceeding in which a biological parent of the
minor was alleged to have abused, neglected, abandoned or otherwise
mistreated the minor to be adopted, a sibling of the minor to be
adopted, or the other biological parent; and
11. A criminal conviction or delinquency adjudication of the
minor.
D. A report prepared pursuant to this section must indicate who
prepared the report.
E. 1. Whenever it is feasible, biological parents, legal or
physical custodians of the minor and other biological relatives
should be assisted in providing information for the medical and
social history report by trained professionals employed by the
Department or the licensed child-placing agency, by the attorney for
the adoptive parents or by trained professionals employed by the
attorney for the adoptive parent.
2. The Department or agency, attorney for the adoptive parent,
or person who prepares the medical and social history report shall
advise the biological parents, any other persons who submitted
Oklahoma Statutes - Title 10. Children
information for the report and the adoptive parent that additional
information about the adopted person, the biological parents, and
the adopted person's genetic history that becomes available may be
submitted to the Department, agency, attorney, or person who
prepared the report or if the location is known to them, to the
clerk of the court that issues the decree of adoption. Nothing in
this section shall require that the location of the court in which
the adoption action is filed be revealed to the biological parents,
biological relatives or other persons who submitted information for
the report, if the location is not otherwise known to them.
F. The court may request that a biological parent, a present or
former legal or physical custodian of the minor, a biological
relative, a school, or a medical, dental or psychological care
provider for the child supply the information or records required by
this section.
G. Information contained in a medical and social history report
compiled pursuant to this section shall not be used as evidence in
any criminal proceeding against the individual who furnished the
information. This is a use immunity and not a transactional
immunity.
H. 1. If the petitioner for the adoption of a minor is a
stepparent of the minor and the minor will remain in the custody of
one biological parent and the stepparent following the adoption,
only the medical and social history of the parent whose parental
rights are sought to be terminated and that parent's biological
relatives must be compiled in the medical and social history report.
2. If the petitioner for the adoption of a minor is related to
the child, only the medical and social history of the parent who is
not related to the petitioner and the biological relatives of such
parent must be completed in the medical and social history report.
Added by Laws 1996, c. 297, § 4, emerg. eff. June 10, 1996. Amended
by Laws 1997, c. 366, § 17, eff. Nov. 1, 1997. Renumbered from §
60.5B of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
Amended by Laws 2011, c. 38, § 1, eff. Nov. 1, 2011.
§10-7504-1.2. Disclosure.
A. Whenever the disclosure of medical and social history is
permitted under this section, all identifying information shall be
deleted from the copy of the report or record that is disclosed,
unless the court, Department, agency, attorney, or person authorized
to disclose information by this section has been informed in writing
by both a biological parent and an adoptive parent or prospective
adoptive parent of their mutual agreement to share identifying
information. When such an agreement has been made, identifying
information shall be released only to the extent specifically
permitted by the written agreement. When a minor is in the legal
custody of the Department, medical and social history may be
Oklahoma Statutes - Title 10. Children
disclosed to the prospective adoptive parent without any agreement
and without redacting identifying information when the prospective
adoptive parent is a kinship or relative caregiver for the minor, or
the minor has lived in the prospective adoptive parent's home for
twelve (12) or more months, unless the Department determines
redaction of such information is in the best interest of the child.
B. As early as practicable before the first meeting of the
prospective adoptive parent with a minor and before the prospective
adoptive parent accepts physical custody of the minor, the
Department or child-placing agency that is placing the minor for
adoption, or the attorney for the adoptive parent in a direct
placement adoption, or the person who is placing the minor for
adoption in a direct placement adoption in which the adoptive parent
is not represented by an attorney, shall furnish to the prospective
adoptive parent a copy of the medical and social history report,
containing all of the medical and social history information and
records regarding the minor reasonably available at that time. If
placement of the minor with the prospective adoptive parent does not
subsequently occur, the prospective adoptive parent shall return the
medical and social history report to the Department, agency,
attorney or other person who furnished it to the prospective
adoptive parent.
C. Before a hearing on the petition for adoption, the
Department or child-placing agency that placed the minor for
adoption, or the attorney for the adoptive parent in a direct
placement adoption, or the person who placed the minor for adoption
in a direct placement adoption in which the adoptive parent is
unrepresented, shall furnish to the adoptive parent a supplemental
written report containing information or records required by Section
7505-1.1 of this title, which was unavailable before the minor was
placed for adoption, but which becomes reasonably available to the
Department, agency, attorney, or person who placed the minor after
the placement.
D. A petition for adoption may not be granted until a copy of
the medical and social history report is filed with the court. If
the court finds that information or records required by Section
7505-1.1 of this title cannot be obtained by the reasonable efforts
of the Department or child-placing agency placing the minor, or by
the attorney for the adoptive parent in a direct placement adoption,
or by the person who placed the minor for adoption in a direct
placement adoption in which the adopted parent is unrepresented, the
court may accept the report and proceed with the adoption.
E. 1. Any additional information about an adopted person, the
adopted person's biological parents, or the adopted person's genetic
history that is submitted to the clerk of the district court that
issues the final decree of adoption, before or after the final
decree of adoption is issued, shall be made a part of the court's
Oklahoma Statutes - Title 10. Children
permanent record of the adoption, pursuant to Section 7505-1.1 of
this title. No filing fee shall be charged for filing this
supplemental information with the court clerk.
2. An adoptive parent, a biological parent, or an adult adopted
person may file with the clerk of the district court that issued the
final decree of adoption a notice of the individual's current
mailing address. A legal guardian of an adopted minor may file with
the clerk of the district court that issued the final decree of
adoption a notice of the guardian's current mailing address and
proof of legal guardianship. No filing fee shall be charged for
filing this notification of address or guardianship with the court
clerk.
3. Upon filing with the court clerk supplemental information
concerning the biological parents or the adopted person's genetic
history, the court clerk shall send notice by ordinary mail, at the
most recent address, if any, listed in the court records, to the
adoptive parent or legal guardian of a minor adopted person or to
the adult adopted person. The notice shall state that supplemental
information has been received and is available from the court clerk
upon request.
4. Upon filing with the court clerk supplemental information
concerning the adopted person that may be genetically significant
for a biological parent or biological relative, the court clerk
shall send notice by ordinary mail, at the most recent address, if
any, listed in the court records, to the biological parent. The
notice shall state that supplemental information has been received
and is available from the court clerk upon request.
F. If any additional information about an adopted person, the
adopted person's biological parents, or the adopted person's genetic
history is submitted to the Department, agency, attorney, or person
who prepared the original report, the Department, agency, attorney,
or person shall:
1. Retain this supplemental information with their other
records of the adoption for as long as these records are maintained;
2. File a copy of the supplemental information with the clerk
of the court that issued the decree of adoption, to be made a part
of the court's permanent record of the adoption pursuant to
subsection E of this section; and
3. Furnish a copy of the supplemental information to:
a.
the adoptive parent or current legal guardian of the
child, if the adopted person is under the age of
eighteen (18), or the adult adopted person, if the
location of the adoptive parent, guardian or adult
adopted person is known to the Department, agency,
attorney, or person, or
b.
the biological parents, if the supplemental
information is submitted by an adoptive parent or
Oklahoma Statutes - Title 10. Children
adopted person and concerns genetically significant
information about the adopted person that is relevant
to the health or childbearing decisions of the
biological parents or other biological relatives, if
the location of the biological parents is known to the
Department, agency, attorney, or person.
G. 1. The clerk of the district court that issues the final
adoption decree or the Department, agency, attorney, or person who
prepared the medical and social history report shall provide a copy
of the medical and social history report and any additional medical
and social history information in its possession to the following
persons upon request:
a.
the adoptive parent or legal guardian of a minor
adopted person,
b.
an adopted person who has attained eighteen (18) years
of age, and
c.
an adult whose biological mother's and biological
father's parental rights were terminated and who was
never adopted.
2. The clerk of the district court that issues the final
adoption decree or the Department, agency, attorney, or person who
prepared the medical and social history report shall provide a copy
of the medical report and any additional medical information in its
possession to the following persons upon request:
a.
an adult direct descendant of a deceased adopted
person or of a deceased person whose biological
mother's and biological father's parental rights were
terminated and who was never adopted, and
b.
the parent or guardian of a minor direct descendant of
a deceased adopted person or of a deceased person
whose biological mother's and biological father's
rights were terminated and who was never adopted.
3. The clerk of the district court that issues the final
adoption decree or the Department, child-placing agency, attorney,
or person who prepared the medical and social history report shall
provide to the following persons upon request, a copy of genetically
significant supplemental information about an adopted person, or
about a person whose parents' parental rights were terminated, which
became available subsequent to the issuance of the decree of
adoption or termination order:
a.
a biological parent or biological relative of an
adopted person, and
b.
a biological parent or biological relative of a person
whose biological mother's and biological father's
rights were terminated and who was never adopted.
4. The clerk of the district court that issues the final
adoption decree shall provide a copy of any medical and social
Oklahoma Statutes - Title 10. Children
history information contained in the court records to the
Department, or child-placing agency that placed the minor for
adoption or to the attorney representing the adoptive parent upon
request.
5. A copy of the report and supplemental medical and social
history information may not be furnished under this subsection to a
person who cannot furnish satisfactory proof of identity and legal
entitlement to receive a copy.
6. A person requesting a copy of a report or other medical and
social history information under this subsection shall pay only the
actual and reasonable costs of providing the copy.
H. The Department, a child-placing agency, or an attorney for
an adoptive parent who facilitated or participated in an adoption
proceeding prior to the effective date of this act shall be subject
to the same requirements and duties set forth in subsections F and G
of this section that are required in those subsections for the
Department, agency, or attorney who prepared the medical or social
history.
Added by Laws 1996, c. 297, § 5, emerg. eff. June 10, 1996. Amended
by Laws 1997, c. 366, § 18, eff. Nov. 1, 1997. Renumbered from §
60.5C of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
Amended by Laws 2010, c. 324, § 1, emerg. eff. June 5, 2010; Laws
2017, c. 7, § 1, eff. Nov. 1, 2017.
§10-7505-1.1. Confidential character of hearings and records –
Release - Exceptions - Misdemeanor.
A. Unless otherwise ordered by the district court exercising
jurisdiction over the adoption proceeding, all hearings held in
proceedings pursuant to the Oklahoma Adoption Code shall be
confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel.
B. All papers, records, and books of proceedings in adoption
cases and any papers, records, and books relating to such
proceedings:
1. Shall be kept as a permanent record of the court and
maintained in a separate file by the court clerk; and
2. Shall be confidential and shall not be open to inspection or
copy except as authorized in Sections 7504-1.2, 7505-3.2, 7505-6.6,
7508-1.2 and 7508-1.3 of this title or upon order of a court of
record for good cause shown.
C. Upon application and notice to the person or agency in whose
possession the records being sought are held, and for good cause
being shown, any court of record may, by written order reciting its
findings, permit the necessary information to be released, or may
restrict the purposes for which it shall be used. The findings
shall include the reasons the information being sought cannot be
Oklahoma Statutes - Title 10. Children
obtained through the methods authorized by Sections 7504-1.2, 75053.2, 7505-6.6, 7508-1.2 and 7508-1.3 of this title.
D. The provisions of this section shall not prohibit persons
employed by the court, the Department of Human Services, a childplacing agency, an attorney participating or assisting in a direct
placement adoption or any physician, minister or other person or
entity assisting or participating in an adoption from providing
partial or complete identifying information between a biological
parent and prospective adoptive or adoptive parent if a biological
parent and a prospective adoptive or adoptive parent mutually agree
to share specific identifying information and each gives written,
signed notice of their agreement to the court, the Department of
Human Services, the child-placing agency, or any attorney
participating or assisting in the direct placement adoption pursuant
to the Oklahoma Adoption Code.
E. Any person in charge of adoption records or having access to
adoption records or information who discloses any information,
including, but not limited to, all records and reports relevant to
the case and any records and reports of examination of the minor's
parent or other custodian pertaining to an adoption proceeding,
contrary to the provisions of this section, upon conviction thereof,
shall be guilty of a misdemeanor.
Added by Laws 1957, p. 25, § 17. Amended by Laws 1984, c. 24, § 2,
operative July 1, 1984; Laws 1990, c. 27, § 2, emerg. eff. April 3,
1990; Laws 1993, c. 253, § 3, emerg. eff. May 26, 1993; Laws 1996,
c. 297, § 7, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 19,
eff. Nov. 1, 1997. Renumbered from Title 10, § 60.17 by Laws 1997,
c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 2000, c. 385, §
10, eff. Nov. 1, 2000; Laws 2011, c. 371, § 3, eff. Nov. 1, 2011.
§10-7505-1.2. Appointment of attorney and guardian ad litem.
A. 1. In a proceeding pursuant to the Oklahoma Adoption Code,
the court shall appoint an attorney for a minor in a contested
proceeding pursuant to the Oklahoma Adoption Code and may appoint an
attorney for a child in an uncontested proceeding or appoint an
attorney for the child to examine all expenses and attorney fees
presented to the court for approval.
2. The attorney shall be charged with the representation of the
child. To that end, the attorney shall make such further
investigation as the attorney deems necessary to ascertain the
facts, to interview witnesses, examine and cross-examine witnesses
at the preliminary hearing and trial, make recommendations to the
court, and participate further in the proceedings to the degree
appropriate for adequately representing the child.
3. The attorney shall be given access to all reports relevant
to the case and to any reports of examination of the child's parents
or other custodian made pursuant to this section.
Oklahoma Statutes - Title 10. Children
4. Upon approval of the court, the attorney may be allowed a
reasonable fee for services provided by this section.
B. 1. The court may appoint a separate guardian ad litem for
the minor in a contested proceeding and shall appoint a separate
guardian ad litem upon the request of a party, the minor, the
attorney of the minor, prospective adoptive parent, or a person or
agency having physical or legal custody of the child.
2. The guardian ad litem shall not be a district attorney, an
employee of the office of the district attorney, an employee of the
court, an employee of a juvenile bureau, or an employee of any
public agency having duties or responsibilities towards the minor.
3. The guardian ad litem shall be appointed to objectively
advocate on behalf of the minor and act as an officer of the court
to investigate all matters concerning the best interests of the
minor. In addition to other duties required by the court and as
specified by the court, a guardian ad litem shall have the following
responsibilities:
a.
review relevant documents, reports and other
information,
b.
meet with and/or observe the child,
c.
consider the child's wishes, as appropriate,
d.
interview parents, caregivers and others with
knowledge relevant to the case,
e.
advocate for the minor's best interests by
participating in appropriate aspects of the case and
advocating for appropriate community and other
services when necessary,
f.
maintain the confidentiality of information related to
the case,
g.
monitor the minor's best interests throughout any
judicial proceeding, and
h.
advise the court of his or her findings and
recommendations, if any, and the facts upon which they
are based.
4. The guardian ad litem shall be given access to the court
file and access to all records and reports relevant to the case and
to any records and reports of examination of the minor's parent or
other custodian, as specified by the court, subject to such
protective orders regarding identifying information as the court
deems advisable.
5. Any person participating in a judicial proceeding as a
guardian ad litem shall be presumed prima facie to be acting in good
faith and in so doing shall be immune from any civil liability that
otherwise might be incurred or imposed.
Added by Laws 1997, c. 366, § 20, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 17, emerg. eff. June 11, 1998; Laws 2000, c.
Oklahoma Statutes - Title 10. Children
385, § 12, eff. Nov. 1, 2000; Laws 2009, c. 107, § 2, eff. Nov. 1,
2009.
§10-7505-1.3. Court clerk or deputy may affix signature of judge to
order and notice of hearing.
Whenever the Oklahoma Adoption Code requires that an order
setting the date of hearing and giving notice thereof be signed by a
judge, the chief judge in the county may, by judicial order, provide
that such order or notice may be signed by the court clerk or the
deputy of the court clerk affixing the signature of the court clerk
or deputy beneath the place where the judge's name appears followed
with the word "by:" and then followed with the signing officer's
title.
Added by Laws 1985, c. 160, § 1, emerg. eff. June 13, 1985. Amended
by Laws 1997, c. 366, § 21, eff. Nov. 1, 1997. Renumbered from §
60.7a of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
§10-7505-1.4. Priority on docket - Proceedings to be expedited.
Any petitions filed with the court pursuant to the Oklahoma
Adoption Code when docketed shall have priority over all cases
pending on said docket. Any other proceedings concerning the
adoption of a child shall be expedited by the court.
Added by Laws 1996, c. 297, § 8, emerg. eff. June 10, 1996. Amended
by Laws 1997, c. 366, § 22, eff. Nov. 1, 1997. Renumbered from §
60.18a of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
§10-7505-1.5. Visitation agreements between child, adoptive parents
and birth relative.
A. If a child has resided with a birth relative before being
adopted, the adoptive parents and that birth relative may enter into
an agreement pursuant to the provisions of this section regarding
communication with, visitation of or contact between the child,
adoptive parents and the birth relative after or during pendency of
the adoption proceedings.
B. For purposes of this section, "birth relative" means a
parent, stepparent, grandparent, great grandparent, brother, sister,
uncle or aunt of a minor adoptee. This relationship may be by blood
or marriage. For an Indian child, birth relative includes members
of the extended family as defined by the laws or customs of the
Indian child's tribe or, in the absence of laws or customs, shall be
a person who is eighteen (18) years of age or older and who is the
Indian child’s great-grandparent, grandparent, aunt or uncle,
brother or sister, brother-in-law or sister-in-law, niece, nephew,
first or second cousins, or stepparent, as provided in the Indian
Child Welfare Act, United States Code, Title 25, Section 1903.
C. 1. An agreement regarding communication with, visitation of
or contact between the child, adoptive parents and a birth relative
Oklahoma Statutes - Title 10. Children
is not legally enforceable unless the terms of the agreement are
contained in a written court order entered in accordance with this
section.
2. An order must be sought and shall be filed in the adoption
action.
3. The court shall not enter a proposed order unless the terms
of the order have been approved in writing by the prospective
adoptive parents, and the birth relative who desires to be a party
to the agreement.
D. The court shall not enter a proposed order unless the court
finds that the communication, visitation or contact between the
child, the adoptive parents and the birth relative as agreed upon
and contained in the proposed order would be in the child's best
interests and poses no threat to the safety of the child or
integrity of the adoptive placement.
E. Failure to comply with the terms of an agreed order
regarding communication, visitation or contact that has been entered
by the court pursuant to this section shall not be grounds for:
1. Setting aside an adoption decree;
2. Revocation of a written consent to an adoption after that
consent has become irrevocable; or
3. An action for citation of indirect contempt of court.
F. 1. An agreed order entered pursuant to the provisions of
this section may be enforced or modified by filing a petition or
motion with the court that includes a certified copy of the order
granting the communication, contact or visitation, but only if the
petition or motion is accompanied by an affidavit with supporting
documentation that the parties have mediated or attempted to mediate
any dispute under the agreement or that the parties agree to a
proposed modification.
2. The prevailing party may be awarded reasonable attorney fees
and costs.
3. The court shall not modify an agreed order pursuant to this
section unless it finds that the modification is necessary to serve
the best interests of the child, and:
a.
the modification is agreed to by the adoptive parent
and the birth relative, or
b.
exceptional circumstances have arisen since the agreed
order was entered that justify modification of the
order.
Added by Laws 2000, c. 385, § 11, eff. Nov. 1, 2000.
§10-7505-2.1. Preadoption termination of parental rights.
A. 1. Prior to the filing of a petition for adoption, a childplacing agency, attorney, or prospective adoptive parent to whom a
parent having legal custody has executed a consent to adoption or
has permanently relinquished a minor born out of wedlock may file a
Oklahoma Statutes - Title 10. Children
petition for the termination of the parental rights of a putative
father or a parent of the child. The petition shall be filed with
the district court of the county in which the relinquishment was
executed or in the county in which the putative father, a parent,
the petitioner, or the minor resides at the time of the filing of
the petition.
2. The affidavit of expenses required by subsection A of
Section 7505-3.2 of this title is not required to be attached to a
petition filed pursuant to this section, nor must it be filed prior
to issuance of an order terminating parental rights entered in a
proceeding brought under this section.
B. 1. Notice of the hearing on the petition to terminate
parental rights and a copy of the petition shall be served upon such
putative father or a parent in the same manner as summons is served
in civil cases, not less than fifteen (15) days prior to the
hearing.
2. The notice shall contain the name of the putative father or
parent, or if unknown, the name of the minor, the date of birth of
the minor, the date of the hearing, and the ground or grounds for
which termination of parental rights is sought. The notice shall
apprise the putative father or parent of his or her legal rights and
shall include a clear statement that failure to appear at the
hearing shall constitute a denial of interest in the minor which
denial may result, without further notice of this proceeding or any
subsequent proceeding, in the termination of his or her parental
rights and the transfer of the care, custody or guardianship of the
minor or in the adoption of the minor.
3. If the identity or whereabouts of a putative father or
parent is unknown, the court must determine whether the putative
father or parent can be identified or located. Following an inquiry
pursuant to Section 7505-4.3 of this title, if the court finds that
the identity or whereabouts of the putative father or parent cannot
be ascertained, and this fact is attested to by affidavit of the
consenting or permanently relinquishing person or the legal
custodian or guardian of the child, it shall order that notice be
given by publication and, if the identity is known, that a copy be
mailed to the last-known address of the putative father or parent.
The notice shall be published once pursuant to the laws relating to
service of notice by publication, in the county in which the action
to terminate parental rights is brought, and the hearing shall not
be held for at least fifteen (15) days after publication of the
notice. When notice is given by publication, the order terminating
parental rights shall not become final for a period of fifteen (15)
days from the date of the order.
4. A putative father or parent may waive the right to notice
pursuant to this section. The waiver shall be in writing and shall
include a statement affirming that the person signing the waiver
Oklahoma Statutes - Title 10. Children
understands that the waiver shall constitute grounds for the
termination of the parental rights of such person pursuant to the
provisions of this section and Section 7505-4.2 of this title. A
putative father or legal or biological father may also waive his
right to notice pursuant to this section, by signing an
extrajudicial consent pursuant to Section 7503-2.6 of this title, or
by waiving notice on a form filed with the Paternity Registry of the
Department of Human Services, or by failing to register with the
Paternity Registry of the Department of Human Services after
receiving a Notice of Plan for Adoption pursuant to Section 7503-3.1
of this title.
C. When a putative father or parent appears at the hearing and
desires counsel but is indigent and cannot for that reason employ
counsel, the court shall appoint counsel. In all counties having
county indigent defenders, the county indigent defenders shall
assume the duties of the representation in such proceedings.
D. At the hearing on the petition to terminate parental rights
brought pursuant to this section, the court may, if it is in the
best interest of the minor:
1. Accept a permanent relinquishment or consent to adoption
executed by the putative father or parent of the minor pursuant to
Sections 7503-2.1, 7503-2.3 and 7503-2.4 of this title; or
2. Terminate any parental rights which the putative father or
parent may have upon any of the grounds provided in Section 7505-4.2
of this title for declaring a consent unnecessary.
E. 1. If the court at the hearing determines that the putative
father is the biological father of the minor, that the adoption
requires the consent of the putative father, that the putative
father will not consent, and the court does not terminate the
parental rights of the putative father or does not terminate the
rights of the other parents, then the court shall schedule a
separate hearing to issue an appropriate order for the legal and
physical custody of the minor according to the best interests of the
minor, if the court has jurisdiction to issue a custody order.
Provided, no such hearing shall be scheduled if a preexisting
custody order remains in effect.
2. The court shall certify that the child-placing agency or the
attorney who filed the petition to terminate parental rights, the
putative father, the parent, and any prospective adoptive parents
have received notice of the date of the custody hearing at least
fifteen (15) days prior to the date of the hearing. A parent having
legal custody who has signed a consent or permanent relinquishment
must be served with notice of the date of the custody hearing, by
the party who filed the petition for termination, in the same manner
as summons is served in civil cases at least fifteen (15) days prior
to the date of the hearing.
Oklahoma Statutes - Title 10. Children
3. Upon motion to intervene, the court shall join any person or
entity entitled to notice under paragraph 2 of this subsection who
is not already a party to the proceeding.
4. At the hearing, the court may award custody to the
biological mother, the biological father, the biological parents, if
they are married, a parent, the prospective adoptive parent, or the
Department of Human Services or other licensed child-placing agency,
if the Department or agency had legal custody when the petition was
filed, according to Section 21.1 of this title, in the best
interests of the child.
5. The child shall be represented at this hearing by an
attorney pursuant to Section 7505-1.2 of this title.
F. The court shall terminate the rights of a putative father or
parent if the person fails to appear at the hearing on the petition
to terminate parental rights or if a waiver of notice pursuant to
paragraph 4 of subsection B of this section has been filed with the
court.
G. No order of the court shall be vacated, set aside, or
annulled upon the application of any person who was properly served
with notice in accordance with this section but failed to appear
unless the applicant can establish by clear and convincing evidence
that such failure to appear was due to unavoidable circumstances.
Such application must be filed within ten (10) days of the date of
the hearing at which the applicant failed to appear. No order of
the court shall be vacated, set aside, or annulled upon the
application of any person who waived notice pursuant to paragraph 4
of subsection B of this section.
H. A proceeding pursuant to this section for termination of
parental rights shall be heard by the court without a jury.
I. An appeal may be taken from any final order, judgment, or
decree rendered pursuant to this section to the Supreme Court by any
person aggrieved thereby, in the manner provided for appeals from
the court as provided in this subsection.
1. In an appeal concerning the termination of parental rights
pursuant to this section, the designation of record by the appellant
shall be filed in the trial court within ten (10) days after the
date of the judgment. The counter designation of record by the
appellee shall be filed in the trial court ten (10) days after
designation of record by the appellant is filed in the trial court.
2. All appeals of cases concerning the termination of parental
rights pursuant to this section shall be initiated by filing a
petition in error in the Supreme Court within thirty (30) days of
the filing of the order, judgment, or decree appealed from. The
record on appeal shall be completed within thirty (30) days from the
filing of the petition in error. Any response to the petition in
error shall be filed within twenty (20) days from the filing of the
petition in error.
Oklahoma Statutes - Title 10. Children
3.
The briefing schedule is established as follows:
a.
the brief in chief of the appellant shall be filed
twenty (20) days after the trial court clerk notifies
all parties that the record is complete and such
notice has been filed in the office of the Clerk of
the Supreme Court,
b.
an answer brief of the appellee shall be filed fifteen
(15) days after the brief in chief of the appellant is
filed, and
c.
a reply brief of the appellant may be filed within ten
(10) days after the answer brief of the appellee is
filed.
J. The pendency of an appeal shall not suspend the order of the
district court regarding a minor, nor shall it remove the minor from
the custody of that court or of the person, institution, or agency
to whose care such minor has been committed, unless the Supreme
Court shall so order.
K. Any appeal when docketed should have priority over all cases
pending on said docket. Adjudication of the appeals and in any
other proceedings concerning the relinquishment of the child or the
termination of parental rights pursuant to this section shall be
expedited by the Supreme Court.
L. 1. The preadoption termination of parental rights pursuant
to this section terminates the parent-child relationship, including
the right of the parent to the custody of the child and the right of
the parent to visit the child, the right of the parent to control
the training and education of the child, the necessity for the
parent to consent to the adoption of the child, the right of the
parent to the earnings of the child, and the right of the parent to
inherit from or through the child. Provided, that this subsection
shall not in any way affect the right of the child to inherit from
the parent.
2. Termination of parental rights shall not terminate the duty
of the putative father or parent whose rights have been terminated
to support the child unless the court determines the person is not
the parent. The duty of a putative father or parent to support the
minor child shall not be terminated until such time as a final
decree of adoption has been entered.
Added by Laws 1997, c. 366, § 23, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 18, emerg. eff. June 11, 1998; Laws 2006, c.
253, § 1, eff. July 1, 2006.
§10-7505-3.1. Contents.
A. A petition for adoption shall be verified by the petitioner,
and shall specify:
Oklahoma Statutes - Title 10. Children
1. The full names, ages and places of residence of the
petitioner or petitioners and, if married, the place and date of the
marriage;
2. When the petitioner acquired or intends to acquire custody
of the minor and from what person or agency custody is to be
acquired;
3. The date, place of birth, gender and race of the minor;
4. The name used for the minor in the proceeding and, if a
change in name is desired, the new name requested;
5. That it is the desire of the petitioner that the
relationship of parent and child be established between the
petitioner and the minor;
6. A full description and statement of value of all property
owned or possessed by the minor, if any;
7. The name or relationship of the minor to any individual who
has executed a consent, extrajudicial consent for adoption or a
permanent relinquishment to the adoption, and the name or
relationship to the minor of any individual whose consent,
extrajudicial consent for adoption or permanent relinquishment may
be required, and any fact or circumstance that may excuse the lack
of consent;
8. That a previous petition by the petitioner to adopt has or
has not been made in any court, and its disposition;
9. That a copy of the preplacement home study completed
pursuant to subsection A of Sections 7505-5.1 and 7505-5.3 of this
title is attached to or filed with the petition. If the
preplacement home study has not been completed, the petition shall
specify that a waiver has been signed by a court pursuant to
subsection B of Section 7505-5.1 of this title, and that a copy of
the waiver is attached to or filed with the petition; or shall
include a statement regarding why the preplacement home study is not
required pursuant to subsection C of Section 7505-5.1 of this title;
or shall specify that the minor is not yet in the physical custody
of the petitioner;
10. Whether any other home study or professional custody
evaluation has been conducted regarding one or both of the
petitioners, whether performed for this adoption or for any other
purpose. If such a study or evaluation has been completed, a copy
of the study or evaluation shall be attached to the petition, if
reasonably available;
11. A description of any previous court order, litigation or
pending proceeding known to the petitioner concerning custody of or
visitation with the minor or adoption of the minor and any other
fact known to the petitioner and needed to establish the
jurisdiction of the court;
12. The county in which the minor is currently residing, the
places where the minor has lived within the last five (5) years and
Oklahoma Statutes - Title 10. Children
the name and present addresses, if known, of the persons with whom
the minor has lived during that period, and the name of any person,
if known, not a party to the proceeding who has physical custody of
the minor or claims to have custody or visitation rights with
respect to the minor; and
13. A statement that to the best of the petitioner's actual
knowledge and belief, as of the date of filing, the minor is or is
not an Indian child, as defined by the Oklahoma Indian Child Welfare
Act, and identification of the minor's known or suspected Indian
tribe, if any. If the minor is an Indian child, as defined by the
Oklahoma Indian Child Welfare Act, the petition shall specify that
the requirements of the Oklahoma Indian Child Welfare Act have been
met pursuant to Sections 40 through 40.9 of this title. In
addition, the attorney shall provide notice to the parents or to the
Indian custodians, if any, and to the tribe that is or may be the
tribe of the Indian child pursuant to Section 40.4 of this title.
B. Any written consent, extrajudicial consent for adoption or
permanent relinquishment required by the Oklahoma Adoption Code may
be attached to the petition, or may be filed, after the filing of
the petition.
Added by Laws 1957, p. 24, § 12. Amended by Laws 1994, c. 122, § 2,
eff. July 1, 1994; Laws 1997, c. 366, § 24, eff. Nov. 1, 1997.
Renumbered from Title 10, § 60.12 by Laws 1997, c. 366, § 58, eff.
Nov. 1, 1997. Amended by Laws 1998, c. 415, § 19, emerg. eff. June
11, 1998; Laws 2011, c. 371, § 4, eff. Nov. 1, 2011; Laws 2021, c.
186, § 2, emerg. eff. April 23, 2021.
§10-7505-3.2. Costs, funds or monies expended by adoptive family –
Disclosure statement.
A. 1. An affidavit shall be attached to the petition for
adoption, or may be filed after the filing of the petition for
adoption, but prior to the final decree of adoption, which discloses
to the court all of the costs, funds, or monies expended by the
adoptive family or expected to be expended in connection with the
adoption of a minor.
2. No final decree of adoption shall be entered until the court
is satisfied that all costs and expenses have been disclosed, are
reasonable, and that the costs and expenses do not violate the
provisions of subsection B of this section. Upon its review of the
affidavit of monies expended, the court shall in writing disapprove
any expenditure that the court deems unreasonable or in violation of
Sections 865 through 870 of Title 21 of the Oklahoma Statutes and,
to the extent necessary to comply with Oklahoma law, shall order
reimbursement of any consideration given in violation of Sections
865 through 870 of Title 21 of the Oklahoma Statutes. Payments made
pursuant to this section shall not be a violation of Sections 865
through 870 of Title 21 of the Oklahoma Statutes. Court approval of
Oklahoma Statutes - Title 10. Children
the affidavit of monies expended shall not exempt a person, attorney
or licensed child-placing agency from prosecution if the information
provided to the court is fraudulent or false.
B. 1. Except as otherwise specifically provided by law, the
following list of adoption-related costs and expenses specified in
this paragraph may be deemed proper items for a person to pay in
connection with an adoption:
a.
reasonable attorney fees and court costs,
b.
reasonable medical expenses for birth mother and minor
to be adopted,
c.
reasonable adoption counseling expenses for birth
parents before and after the birth of the minor, not
to exceed six (6) months from placement of the minor,
d.
reasonable fees of a licensed child-placing agency,
including social services staff fees provided by
agency employees that include:
(1) casework services,
(2) adoptive child and family studies,
(3) placement services,
(4) certification of agency facilities,
(5) admission assessments, and
(6) service planning,
e.
(1) reasonable and necessary living expenses of the
birth mother that are incurred during the
adoption planning process or during the
pregnancy, not to exceed two (2) months after the
birth of the minor or after the consent or
relinquishment of the birth mother. Reasonable
and necessary living expenses include but are not
limited to:
(a) housing expenses,
(b) utilities, such as electric, gas, water, or
telephone bills,
(c) food for the birth mother and any minor
child of the birth mother residing in the
home of the birth mother,
(d) travel expenses for transportation to
support the pregnancy, such as gasoline, bus
fares, or providing for the temporary use of
a vehicle during the pregnancy, and
(e) child care or foster care for any minor
child of the birth mother associated with
pregnancy-related medical care.
(2) Reasonable and necessary living expenses shall
not include:
(a) any expenses met by existing resources of
the birth mother,
Oklahoma Statutes - Title 10. Children
(b)
any expenses used for the support of family
members who are not minor children of the
mother,
(c) any expenses for recreational or leisure
activities, and
(d) the purchase or gift of an automobile,
f.
reasonable expenses for a home study,
g.
reasonable and necessary costs associated with an
international adoption,
h.
reasonable expenses legally required by any
governmental entity related to the adoption of a
minor, and
i.
a one-time gift to the birth mother from the
prospective adoptive parents of no greater value than
One Hundred Dollars ($100.00).
2. In addition, all expenses approved by the court should be
commensurate with other customary fees for similar services by
persons of equivalent experience and training where the services are
performed. Any services provided outside this state shall be
allowed in an amount as if the services had been performed within
the State of Oklahoma.
3. The provisions of this subsection shall apply to living and
transportation expenses incurred after the biological mother of the
minor contacts the child-placing agency or attorney for adoption
services.
4. The provisions of this subsection shall not prohibit a court
from extending any time period, or including any additional costs
and expenses in connection with an adoption other than those
specified in this subsection based on unusual circumstances or need.
If additional costs and expenses in connection with an adoption are
approved by the court, the court shall specify in writing the
unusual circumstances that justify the approval.
5. Except as otherwise ordered by the court except for good
cause shown, all payments made pursuant to this section shall be
paid directly to the third-party provider of services or goods. Any
living expense paid on behalf of a birth mother in a domestic
adoption which is not supported by an itemized receipt shall not be
allowed for payment. If gift cards are issued to pay expenses, an
itemized receipt verifying purchases shall be required for approval
by the court. The accounting shall include vouchers for all monies
expended, copies of all checks written and receipts for all cash
payments attesting to the accuracy of the accounting.
6. No person, attorney or licensed child-placing agency shall
have a financial interest in a third-party provider of services or
goods, without disclosing in an affidavit the financial interest to
the court and the other parties to the adoption.
Oklahoma Statutes - Title 10. Children
C. Any person, attorney, or licensed child-placing agency
desiring to pay living and transportation expenses on behalf of a
birth mother is authorized to expend an initial amount not to exceed
Three Thousand Five Hundred Dollars ($3,500.00) plus deposits for
housing and utilities for such costs and expenses without first
obtaining court approval as required by paragraph 1 of subsection D
of this section. Any such costs and expenses shall be disclosed as
is otherwise required by the Oklahoma Adoption Code.
D. 1. Except for the amount authorized by subsection C of this
section, the payment of any living or transportation expenses for
benefit of the birth mother as authorized in subparagraph e of
paragraph 1 of subsection B of this section shall be approved in
advance by the court.
2. The person, attorney, or licensed child-placing agency
desiring to pay living or transportation expenses on behalf of a
birth mother which exceed the amount in subsection C of this section
shall file a petition for an order approving payment of adoptionrelated expenses.
3. The petition for an order approving payment of adoptionrelated expenses shall be filed in the district court where the
adoption petition is to be filed, as provided in Section 7502-1.2 of
this title.
4. The petition shall be captioned: "In the matter of Baby
(name)." The petition shall include a listing of all anticipated
living or transportation expenses to be paid on behalf of the birth
mother for which court approval is being sought. If additional
expenditures not previously authorized by the court are needed on
behalf of the birth mother, an amended petition may be filed with
the court.
5. The petition shall be heard by the court within ten (10)
days of filing. The court clerk shall charge the same cost for a
petition for payment of expenses as is charged for the filing of an
adoption petition. In the event an adoption petition is later filed
in the same county, the adoption petition shall be filed as an
amended petition within the same case in which payment for expenses
was approved and no additional court costs shall be required. In
the event a petition for preadoption termination of parental rights
is later filed in the same county, the court clerk shall not assess
an additional filing fee and may use the same case number as for the
petition for adoption.
6. Any order authorizing payment shall be attached to a
petition for adoption. If no adoption petition is filed, the court
shall retain jurisdiction to enter any orders deemed appropriate
regarding the reimbursement of costs and expenses paid. If the
child is placed for adoption outside the State of Oklahoma, any such
order shall be submitted to the Interstate Compact of the Placement
Oklahoma Statutes - Title 10. Children
of Children and to the court in the other state where the petition
for adoption is to be filed.
E. 1. In addition to the adoptive family affidavit requirement
of subsection A of this section, a Disclosure Statement of Adoptionrelated Costs and Expenditures shall be prepared in writing by the
person, attorney or child-placing agency in a direct-placement
adoption. The Disclosure Statement of Adoption-related Costs and
Expenditures shall include a declaration of all fees, expenses, and
costs charged or expected to be charged for the adoption including,
but not limited to, the following:
a.
retainer fees, the hourly rate, and the number of
hours billed for the adoption,
b.
any fee charged for preplacement or other home studies
of any prospective birth parents, regardless of
whether the home study was performed by an outside
agency,
c.
any costs, fees or expenses or any other thing of
value paid to or on behalf of the birth parents
related to the adoption of a minor by any party other
than the adoptive parents, and
d.
any other fees and expenses related to the adoption
not otherwise specifically listed in this section.
2. The Disclosure Statement of Adoption-related Costs and
Expenditures containing true and accurate information shall be filed
before or when the final decree of adoption is ordered in each
adoption of a minor in this state. A statutory Disclosure Statement
of Adoption-related Costs and Expenditures is provided in Section
7505-3.3 of this title. A copy of the statement shall be a public
record to be compiled and maintained by the court clerk and
available for public inspection; provided, that any information
identifying the person, attorney or child-placing agency in the
direct adoption shall be redacted from the document prior to filing
with the court clerk and shall not be made public. In addition, the
identity of the child, the adoptive parents, and the birth parents
shall be redacted from the document prior to filing with the court
clerk and shall not be made public.
Added by Laws 1997, c. 366, § 25, eff. Nov. 1, 1997. Amended by
Laws 1999, c. 396, § 17, emerg. eff. June 10, 1999; Laws 2005, c.
57, § 2, eff. Nov. 1, 2005; Laws 2009, c. 107, § 3, eff. Nov. 1,
2009; Laws 2009, c. 288, § 2, eff. Nov. 1, 2009; Laws 2011, c. 371,
§ 5, eff. Nov. 1, 2011; Laws 2016, c. 74, § 1, eff. Nov. 1, 2016;
Laws 2023, c. 202, § 1, eff. Nov. 1, 2023.
§10-7505-3.3.
Expenditures.
Disclosure Statement of Adoption-related Costs and
Oklahoma Statutes - Title 10. Children
A. The Disclosure Statement of Adoption-related Costs and
Expenditures required by Section 7505-3.2 of Title 10 of the
Oklahoma Statutes shall be in substantially the following form:
DISCLOSURE STATEMENT OF ADOPTION-RELATED COSTS AND EXPENDITURES
The following is a declaration of all fees, expenses, and costs
charged or expected to be charged for the adoption:
1. Retainer fees in the amount of ______________________;
2. The hourly billing rate of _____________________ and the
number of hours billed for the adoption _____________________ for a
total amount of ____________________;
3. All fees charged for preplacement or other home studies of
any prospective birth parents, regardless of whether the study was
performed by a third-party ___________________;
4. All costs, fees, or expenses or any other thing of value
paid to or on behalf of the birth parents related to the adoption by
any party other than the adoptive parents __________________________
_______________________________________________________________; and
5. Any other fees and expenses related to the adoption not
previously listed in this disclosure statement _____________________
__________________________________________________________________.
B. The Disclosure Statement of Adoption-related Costs and
Expenditures that shall be filed with the court clerk and available
for public inspection shall include the following:
"I, ____________________, Judge of the District Court in and for
_________________ County, State of Oklahoma, a Court having original
adoption jurisdiction, do hereby certify that upon this day,
________________, the disclosures contained in this disclosure
statement are consistent with the sealed disclosure statement filed
in the adoption case."
Added by Laws 2016, c. 74, § 2, eff. Nov. 1, 2016.
§10-7505-4.1. Application - Notice - Hearing - Order - Appeal.
A. If a consent to adoption or permanent relinquishment for
adoption has not been obtained from both parents of a minor who is
the subject of a petition for adoption, and the rights of the
nonconsenting parent or parents have not previously been terminated,
the petitioner for adoption, a consenting parent, or a legal
guardian or legal custodian of the minor to be adopted must file an
application to the court stating the reason that the consent or
relinquishment of the parent or parents is not necessary. In the
alternative, if the nonconsenting parent is a putative father of a
minor born out of wedlock, the petitioner for adoption, a consenting
parent, or a legal guardian or legal custodian of the minor may file
an application to terminate the parental rights of the putative
father. The grounds for terminating a putative father pursuant to
this section shall be identical to the grounds for permitting an
Oklahoma Statutes - Title 10. Children
adoption without the consent of a parent, pursuant to Section 75054.2 of this title.
B. A hearing on an application for adoption without consent or
an application to terminate parental rights cannot be combined with
the hearing on the application for a final decree of adoption. For
good cause shown, a hearing on the application for a final decree of
adoption may be heard as early as the same day as a hearing on an
application to terminate parental rights, without prejudice to the
rights of any parties to appeal from the order terminating parental
rights.
C. 1. Prior to the hearing on the application to permit the
adoption of the minor without the consent or relinquishment of a
parent, or the application to terminate the rights of a putative
father filed pursuant to this section, notice of the hearing on the
application and a copy of the application shall be served upon the
parent or putative father who is the subject of the application in
the same manner as summons is served in civil cases, not less than
fifteen (15) days prior to the hearing.
2. The notice shall contain the name of the parent, putative
father, or if the father is unknown, the name of the child, date of
birth of the child, the date of the hearing, and the ground or
grounds for which application for adoption without consent or
relinquishment or termination of parental rights is sought. The
notice shall apprise the parent or putative father of the parent's
legal rights and shall include a clear statement that failure to
appear at the hearing shall constitute a denial of interest in the
child, which denial may result, without further notice of this
proceeding or any subsequent proceeding, in the granting of the
application for adoption without consent or permanent relinquishment
or in the termination of the putative father's parental rights and
in the child's adoption.
3. If the identity or whereabouts of a parent or putative
father are unknown, the court must determine whether the parent or
putative father can be identified or located. Following an inquiry
pursuant to Section 7505-4.3 of this title, if the court finds that
the identity or whereabouts of the putative father cannot be
ascertained, and this fact is attested to by affidavit of the
consenting parent, legal guardian or legal custodian of the minor,
it shall order that notice be given by publication and, if the
identity is known, that a copy be mailed to the last-known address
of the parent or putative father. The notice shall be published
once pursuant to the laws relating to the service of notice by
publication in the county in which the petition to adopt is filed,
and the hearing shall not be held for at least fifteen (15) days
after publication of the notice. When notice is given by
publication, an order terminating parental rights shall not become
final for a period of fifteen (15) days from the date of the order.
Oklahoma Statutes - Title 10. Children
4. A parent or putative father may waive such person's right to
notice pursuant to this section. The waiver, signed by the parent
or putative father, shall include a statement affirming that the
person signing the waiver understands that the waiver shall
constitute grounds for ordering adoption without consent of the
parent or for the termination of the parental rights of a putative
father pursuant to the provisions of this section and Section 75054.2 of this title. A putative father may waive his right to notice
under this section, by signing an extrajudicial consent pursuant to
Section 7503-2.6 of this title, or by waiving notice on a form filed
with the Paternity Registry of the Department of Human Services, or
by failing to register with the Paternity Registry of the Department
of Human Services after receiving a Notice of Plan for Adoption
pursuant to Section 7503-3.1 of this title.
D. When a parent or putative father appears at the hearing and
desires counsel but is indigent and cannot for that reason employ
counsel, the court shall appoint counsel. In all counties having
county indigent defenders, the county's indigent defenders shall
assume the duties of representation in such proceedings.
E. At the hearing on an application to permit adoption without
the consent or relinquishment of a parent, the court may determine
whether the minor is eligible for adoption pursuant to Section 75054.2 of this title. At the hearing on an application to terminate
the parental rights of a putative father, the court may, if it is in
the best interests of the minor, determine that the consent of the
putative father to the adoption of the minor is not required, and
terminate any parental rights which the putative father may have, as
provided in Section 7505-4.2 of this title.
F. The court shall terminate the parental rights of a putative
father if he fails to appear at the hearing on the application to
terminate his parental rights or if he has waived notice pursuant to
paragraph 4 of subsection C of this section.
G. A proceeding pursuant to this section for determination of
necessity of parental consent or for termination of parental rights
shall be heard by the court without a jury.
H. No order of the court shall be vacated, set aside, or
annulled upon the application of any person who was properly served
with notice in accordance with this section but failed to appear,
unless the applicant has established by clear and convincing
evidence that such failure to appear was due to unavoidable
circumstances. Such application must be filed within ten (10) days
of the date of the hearing at which the applicant failed to appear.
No order of the court shall be vacated, set aside or annulled upon
the application of any person who waived notice pursuant to
paragraph 4 of subsection C of this section.
I. 1. a. An appeal may be taken from any final order, judgment,
or decree terminating parental rights rendered
Oklahoma Statutes - Title 10. Children
pursuant to this section to the Supreme Court by any
person aggrieved thereby, in the manner provided for
appeals from the court as provided in this subsection.
b.
An appeal from an order determining a child eligible
for adoption which does not terminate parental rights
may be taken in the same manner provided for appeals
from the court as provided in this subsection. The
failure of a parent to appeal from an order declaring
a child eligible for adoption without consent of the
parent which does not terminate parental rights shall
not preclude such parent from asserting error in the
order after the final decree is rendered.
2. In an appeal concerning the termination of parental rights
for purposes of adoption pursuant to this section or from an order
determining a child eligible for adoption which does not terminate
parental rights pursuant to this section, the appellant's
designation of record shall be filed in the trial court within ten
(10) days after the date of the judgment or order. Appellee's
counter designation of record shall be filed in the trial court ten
(10) days after appellant's designation of record is filed in the
trial court.
3. All appeals of cases concerning the termination of parental
rights for purposes of adoption or an order determining a child
eligible for adoption which does not terminate parental rights
pursuant to this section shall be initiated by filing a petition in
error in the Supreme Court within thirty (30) days of the filing of
the order, judgment, or decree appealed from. The record on appeal
shall be completed within thirty (30) days from the filing of the
petition in error. Any response to the petition in error shall be
filed within twenty (20) days from the filing of the petition in
error.
4. The briefing schedule is established as follows:
a.
appellant's brief in chief shall be filed twenty (20)
days after the trial court clerk notifies all parties
that the record is complete and such notice has been
filed in the office of the Clerk of the Supreme Court,
b.
appellant's answer brief shall be filed fifteen (15)
days after the appellant's brief in chief is filed,
and
c.
appellant's reply brief may be filed within ten (10)
days after the appellee's answer brief is filed.
J. Any appeal when docketed should have priority over all cases
pending on said docket. Adjudication of appeals and any other
proceedings concerning the termination of parental rights or the
determination that a child is eligible for adoption without consent
which does not terminate parental rights pursuant to this section
shall be expedited by the Supreme Court.
Oklahoma Statutes - Title 10. Children
K. The pendency of an appeal shall not suspend the order of the
district court regarding a minor, nor shall it remove the minor from
the custody of that court or of the person, institution, or agency
to whose care such minor has been committed, unless the Supreme
Court shall so order.
L. 1. The termination of parental rights terminates the
parent-child relationship, including the parent's right to the
custody of the child and the parent's right to visit the child, the
parent's right to control the child's training and education, the
necessity for the parent to consent to the adoption of the child,
the parent's right to the earnings of the child, and the parent's
right to inherit from or through the child. Provided, that this
subsection shall not in any way affect the right of the child to
inherit from the parent.
2. Termination of parental rights pursuant to this section
shall not terminate the duty of either parent to support the minor
child of such parent. The duty of the parent to support the minor
child shall not be terminated until such time as a final decree of
adoption has been entered.
3. A determination that the consent to adoption is not required
from the parent of a minor shall not, by itself, act to relieve such
parent of the obligation to provide for the support of the minor as
otherwise required by law. The duty of the parent to support the
minor child shall not be terminated until such time as a final
decree of adoption has been entered.
Added by Laws 1997, c. 366, § 26, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 20, emerg. eff. June 11, 1998.
§10-7505-4.2. Exceptions to requirement of parental consent.
A. Consent to adoption is not required from a putative father
of a minor who, at the hearing provided for in Section 7505-2.1 or
7505-4.1 of this title, fails to prove he is the father of the
child.
B. Consent to adoption is not required from a parent who, for a
period of twelve (12) consecutive months out of the last fourteen
(14) months immediately preceding the filing of a petition for
adoption of a child or a petition to terminate parental rights
pursuant to Section 7505-2.1 of this title, has willfully failed,
refused, or neglected to contribute to the support of such minor:
1. In substantial compliance with an order entered by a court
of competent jurisdiction adjudicating the duty, amount, and manner
of support; or
2. According to such parent's financial ability to contribute
to such minor's support if no provision for support is provided in
an order. For the purposes of this section, support for the minor
shall benefit the minor by providing a necessity. Payments that
Oklahoma Statutes - Title 10. Children
shall not be considered support shall include, but are not limited
to:
a.
genetic and drug testing,
b.
supervised visitation,
c.
counseling for any person other than the minor,
d.
court fees and costs,
e.
restitution payments, and
f.
transportation costs for any person other than the
minor, unless such transportation expenses are
specifically ordered in lieu of support in a court
order.
The incarceration of a parent in and of itself shall not prevent
the adoption of a minor without consent.
C. Consent to adoption is not required from a father or
putative father of a minor born out of wedlock if:
1. The minor is placed for adoption within ninety (90) days of
birth, and the father or putative father fails to show he has
exercised parental rights or duties towards the minor, including,
but not limited to, failure to contribute to the support of the
mother of the child to the extent of his financial ability during
her term of pregnancy; or
2. The minor is placed for adoption within fourteen (14) months
of birth, and the father or putative father fails to show that he
has exercised parental rights or duties towards the minor,
including, but not limited to, failure to contribute to the support
of the minor to the extent of his financial ability, which may
include consideration of his failure to contribute to the support of
the mother of the child to the extent of his financial ability
during her term of pregnancy. Failure to contribute to the support
of the mother during her term of pregnancy shall not in and of
itself be grounds for finding the minor eligible for adoption
without such father's consent.
The incarceration of a parent in and of itself shall not prevent
the adoption of a minor without consent.
D. In any case where a father or putative father of a minor
born out of wedlock claims that, prior to the receipt of notice of
the hearing provided for in Sections 7505-2.1 and 7505-4.1 of this
title, he had been specifically denied knowledge of the minor or
denied the opportunity to exercise parental rights and duties toward
the minor, such father or putative father must prove to the
satisfaction of the court that he made sufficient attempts to
discover if he had fathered a minor or made sufficient attempts to
exercise parental rights and duties toward the minor prior to the
receipt of notice.
E. Consent to adoption is not required from a parent or
putative father who waives in writing his right to notice of the
hearing provided for in Section 7505-2.1 or 7505-4.1 of this title.
Oklahoma Statutes - Title 10. Children
F. Consent to adoption is not required from a parent or
putative father who fails to appear at the hearing provided for in
Section 7505-2.1 or 7505-4.1 of this title if all notice
requirements contained in or pursuant to such sections have been
met.
G. Consent to adoption is not required from a parent who is
entitled to custody of a minor and has abandoned the minor.
H. 1. Consent to adoption is not required from a parent who
fails to establish and/or maintain a substantial and positive
relationship with a minor for a period of twelve (12) consecutive
months out of the last fourteen (14) months immediately preceding
the filing of a petition for adoption of the child.
2. In any case where a parent of a minor claims that prior to
the receipt of notice of the hearing provided for in Sections 75052.1 and 7505-4.1 of this title, such parent had been denied the
opportunity to establish and/or maintain a substantial and positive
relationship with the minor by the custodian of the minor, such
parent shall prove to the satisfaction of the court that he or she
has taken sufficient legal action to establish and/or maintain a
substantial and positive relationship with the minor prior to the
receipt of such notice.
3. For purposes of this subsection, “fails to establish and/or
maintain a substantial and positive relationship" means the parent:
a.
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
b.
has not exercised parental rights and
responsibilities.
I. Consent to adoption is not required from a parent who has
been convicted in a criminal action pursuant to the provisions of
Sections 7102 and 7115 of this title and Sections 1021.3, 1111 and
1123 of Title 21 of the Oklahoma Statutes or who has either:
1. Physically or sexually abused the minor or a sibling of such
minor or failed to protect the minor or a sibling of such minor from
physical or sexual abuse that is heinous or shocking to the court or
that the minor or sibling of such minor has suffered severe harm or
injury as a result of such physical or sexual abuse; or
2. Physically or sexually abused the minor or a sibling of such
minor or failed to protect the minor or a sibling of such minor from
physical or sexual abuse subsequent to a previous finding that such
parent has physically or sexually abused the minor or a sibling of
such minor or failed to protect the minor or a sibling of such minor
from physical or sexual abuse.
J. Consent to adoption is not required from a parent who has
been convicted in a criminal action of having caused the death of a
Oklahoma Statutes - Title 10. Children
sibling of the minor as a result of the physical or sexual abuse or
chronic neglect of such sibling.
K. Consent to adoption is not required from a parent if the
parent has been sentenced to a period of incarceration of not less
than ten (10) years and the continuation of parental rights would
result in harm to the minor based on consideration of the following
factors, among others: the duration of incarceration and its
detrimental effect on the parent/child relationship; any previous
incarcerations; any history of criminal behavior, including crimes
against children; the age of the minor; the evidence of abuse or
neglect of the minor or siblings of the minor by the parent; and the
current relationship between the parent and the minor and the manner
in which the parent has exercised parental rights and duties in the
past.
L. Consent to adoption is not required from:
1. A parent who has a mental illness or mental deficiency, as
defined by paragraphs f and g of Article II of Section 6-201 of
Title 43A of the Oklahoma Statutes, which renders the parent
incapable of adequately and appropriately exercising parental
rights, duties and responsibilities;
2. The continuation of parental rights would result in harm or
threatened harm to the minor; and
3. The mental illness or mental deficiency of the parent is
such that it will not respond to treatment, therapy or medication
and, based upon competent medical opinion, the condition will not
substantially improve.
M. Consent to adoption is not required from a putative father
who has been served with a Notice of Plan for Adoption pursuant to
Section 7503-3.1 of this title and who returns the form to the
Paternity Registry of the Department of Human Services or agency or
attorney who served him explicitly waiving a right to notice and
legal rights to the minor or who fails to return the form pursuant
to Section 7503-3.1 of this title in time for the form to be
received by the Paternity Registry of the Department of Human
Services or the agency or attorney who served him within thirty (30)
days from the date the Notice of Plan for Adoption was served upon
the putative father.
N. Consent to adoption is not required from:
1. An individual who has permanently relinquished parental
rights and responsibilities to the minor pursuant to the Oklahoma
Adoption Code;
2. An individual whose parental relationship to a minor has
been legally terminated or legally determined not to exist; or
3. The personal representative of a deceased parent's estate.
O. Consent to adoption is not required from a parent who has
voluntarily placed a minor child in the care of a licensed child
care institution or child-placing agency, if the minor has remained
Oklahoma Statutes - Title 10. Children
in out-of-home care for eighteen (18) months or more, and the parent
has willfully failed to substantially comply for twelve (12)
consecutive months out of the fourteen-month period immediately
preceding the filing of the petition for adoption with a reasonable
written plan of care. Provided, the willful failure to comply with
the written plan of care may not be a ground for adoption without
consent unless the plan of care, at the time it was initially
executed by the parent, contained notice that failure to
substantially comply constitutes grounds for adoption without
consent. The reasonableness of the plan shall be a question of fact
to be determined by the court.
Added by Laws 1957, p. 23, § 6. Amended by Laws 1973, c. 69, § 1,
emerg. eff. April 27, 1973; Laws 1974, c. 297, § 4, operative July
1, 1974; Laws 1981, c. 107, § 1, emerg. eff. April 24, 1981; Laws
1985, c. 337, § 2, eff. Feb. 1, 1986; Laws 1986, c. 263, § 6,
operative July 1, 1986; Laws 1993, c. 253, § 2, emerg. eff. May 26,
1993. Renumbered from § 60.6 of this title by Laws 1997, c. 366, §
58, eff. Nov. 1, 1997. Amended by Laws 1997, c. 386, § 17, emerg.
eff. June 10, 1997; Laws 1998, c. 5, § 9, emerg. eff. March 4, 1998;
Laws 1998, c. 415, § 21, emerg. eff. June 11, 1998; Laws 2001, c.
434, § 8, emerg. eff. June 8, 2001; Laws 2007, c. 94, § 2, eff. Nov.
1, 2007.
NOTE: Laws 1997, c. 366, § 27 repealed by Laws 1998, c. 5, § 29,
emerg. eff. March 4, 1998.
§10-7505-4.3. Inquiry to identify unknown or putative father.
A. If, at any time in a proceeding for adoption or for
termination of a relationship of parent and child pursuant to the
Oklahoma Adoption Code, the court finds that an unknown father or
putative father of the child may not have received notice, the court
shall determine whether he can be identified. The determination
must be based on evidence that includes inquiry of appropriate
persons in an effort to identify an unknown father or putative
father for the purpose of providing notice.
B. The inquiry required by subsection A of this section must
include whether:
1. The woman who gave birth to the child was married at the
probable time of conception of the child, or at a later time;
2. The woman was cohabiting with a man at the probable time of
conception of the child;
3. The woman has received payments or promises of support,
other than from a governmental agency, with respect to the child or
because of her pregnancy;
4. The woman has named any individual as the father on the
birth certificate of the child or in connection with applying for or
receiving public assistance; and
Oklahoma Statutes - Title 10. Children
5. Any individual has formally or informally acknowledged or
claimed paternity of the child in a jurisdiction in which the woman
resided during or since her pregnancy, or in which the child has
resided or resides, at the time of the inquiry.
C. If inquiry pursuant to subsection B of this section
identifies as the father or putative father of the child an
individual who has not received notice of the proceeding, the court
shall require notice to be served upon him pursuant to Section 75052.1 or 7505-4.1 of this title.
D. If, in an inquiry pursuant to this section, the woman who
gave birth to the child fails to disclose the identity of a possible
father or reveal his whereabouts, she must be advised that the lack
of information about the father's medical and genetic history may be
detrimental to the child. She should also be advised that any false
statement that she might make under oath or affirmation at a hearing
or trial before the court regarding her knowledge of the identity or
whereabouts of a possible father, if she knows or believes that the
statement is not true or intends thereby to obstruct the
ascertainment of the truth, could constitute grounds for a criminal
prosecution for perjury.
Added by Laws 1997, c. 366, § 28, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 22, emerg. eff. June 11, 1998.
§10-7505-5.1. Favorable preplacement home study required - Waiver Exception - Placement not approved in certain circumstances.
A. Except as otherwise provided in this section, only a person
for whom a favorable written preplacement home study has been
prepared may accept custody of a minor for purposes of adoption. A
preplacement home study is favorable if it contains a finding that
the person is suited to be an adoptive parent, either in general or
for a particular minor, and it is completed or brought current
within twelve (12) months next preceding a placement of a minor with
the person for adoption.
B. A preplacement home study is not required if a parent or
guardian places a minor directly with a relative of the minor for
purposes of adoption, or if the minor has been residing with a birth
parent's spouse for not less than one (1) year as of the date the
petition for adoption is filed, but a home study of the relative or
stepparent is required during the pendency of a proceeding for
adoption.
C. A prospective adoptive parent shall not be approved for
placement of a child if the petitioners or any other person residing
in the home of the petitioners has been convicted of any of the
following felony offenses:
1. Within the five-year period preceding the date of the
petition, physical assault, domestic abuse, battery or a drugrelated offense;
Oklahoma Statutes - Title 10. Children
2. Child abuse or neglect;
3. A crime against a child, including, but not limited to,
child sexual abuse material; and
4. A crime involving violence, including, but not limited to,
rape, sexual assault or homicide, but excluding those crimes
specified in paragraph 1 of this subsection.
D. Under no circumstances shall a child be placed in the
custody of an individual subject to the Oklahoma Sex Offenders
Registration Act or an individual who is married to or living with
an individual subject to the Oklahoma Sex Offenders Registration
Act.
Added by Laws 1997, c. 366, § 29, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 23, emerg. eff. June 11, 1998; Laws 2007, c.
196, § 7, eff. July 1, 2007; Laws 2009, c. 288, § 3, eff. Nov. 1,
2009; Laws 2024, c. 59, § 1, eff. Nov. 1, 2024.
§10-7505-5.2. Subsequent home study - Waiver.
A. If a preplacement home study is not waived by the court for
good cause shown or is not required by Section 7505-5.1 of this
title, the court, upon the filing of a petition for adoption, shall
order that a home study be made and filed with the court by the
designated investigator within the time fixed by the court, and in
no event more than sixty (60) days from the issuance of the order
for the home study, unless the time therefor is extended by the
court.
B. If the child to be adopted is the biological or adopted
child or immediate relative of the petitioners or of the spouse of
the petitioner, then the court, upon the submission of an
application, by order may waive the requirement in subsection A of
this section that a home study report be made, and the requirement
for a supplemental report set forth in subsection C of Section 75055.3 of this title, if the court makes the following findings:
1. That waiver of the home study requirement is in the best
interest of the child;
2. If applicable, that the parent of the child and the
stepparent of the child, or the immediate relative of the child and
the spouse of the immediate relative who are petitioning for
adoption have been married for at least one (1) year with the child
who is to be adopted living in their home; provided, however, that
this provision shall not be construed as a prohibition against a
single, immediate relative from requesting waiver of a house study;
and
3. That the stepparent or immediate relative or spouse of the
immediate relative who is petitioning for adoption has no record of
conviction of a felony or conviction or adjudication in juvenile
court for child abuse or neglect or domestic violence, and there is
no record of a protective order or orders issued against the
Oklahoma Statutes - Title 10. Children
stepparent or immediate relative or spouse of the immediate
relative.
In all other adoptions, including foster adoptions, a home study
and report shall be made pursuant to this section or Section 75055.1 of this title.
C. For purposes of this section, immediate relative shall mean
the brother, sister, grandparent, aunt, or uncle of the child.
Added by Laws 1997, c. 366, § 30, eff. Nov. 1, 1997. Amended by
Laws 2025, c. 152, § 2, eff. Nov. 1, 2025.
§10-7505-5.3. Contents of home study.
A. A home study satisfying Section 7505-5.1 or 7505-5.2 of this
title must include at a minimum the following:
1. An appropriate inquiry to determine whether the proposed
home is a suitable one for the minor; and any other circumstances
and conditions which may have a bearing on the adoption and of which
the court should have knowledge; and in this entire matter of
investigation, the court is specifically authorized to exercise
judicial knowledge and discretion;
2. Documentation of at least one individual interview with each
parent, each school-age child and any other household member, one
joint interview, a home visit, and three written references;
3. Verification that the home is a healthy, safe environment in
which to raise a minor, as well as verification of marital status,
employment, income, access to medical care, physical health and
history; and
4. A review of a criminal background check and a child abuse
and neglect information system check.
a.
A background check shall be required for adoptive
parents and all other household members eighteen (18)
years of age and older, consisting of a review of a
national fingerprint-based criminal background check,
a search of the Department of Corrections’ files
maintained pursuant to the Sex Offenders Registration
Act, and a search of the child abuse and neglect
information system maintained for review by authorized
entities by the Department of Human Services.
b.
A Department of Public Safety Motor Vehicle Report
shall be required for adoptive parents and all other
adult household members when the child to be adopted
is in the legal custody of the Department of Human
Services.
c.
For each adoptive parent or other household member
eighteen (18) years of age or older who has not
maintained continuous residency in the state for five
(5) years prior to the home study or home study
update, a child abuse registry check shall be required
Oklahoma Statutes - Title 10. Children
from every other state in which the prospective
adoptive parent or other adult household member has
resided during such five-year period.
d.
Each prospective adoptive parent or other household
member eighteen (18) years of age or older shall be
required to cooperate with the requirements of the
Department of Human Services and the Oklahoma State
Bureau of Investigation with regard to the criminal
background check and child abuse check.
B. A home study which is being updated or brought current in
accordance with subsection A of Section 7505-5.1 of this title shall
document appropriate inquiry into changes in the family situation
since the last home study, a home visit, at least one joint
interview, information on any children added to the family,
experiences, if any, of the adoptive parents as parents since the
last study, verification of current physical health, and three
current letters of reference.
C. An updated home study as described in subsection B of this
section shall include a review of criminal background checks and
child abuse and neglect checks as described in subsection A of this
section. However, when a national fingerprint background check has
been done within the five (5) years previous to the completion of
the updated home study and the results are available for review,
then a name-based search of the records of the Oklahoma State Bureau
of Investigation on the adoptive parents and other household
residents eighteen (18) years of age or older for whom the
fingerprint background check has been performed shall satisfy the
requirements for a criminal background check for purposes of a home
study update.
D. 1. A preplacement home study or update which is being used
solely for purposes of international adoption shall not require a
national fingerprint-based criminal background search in addition to
the one required by the United States Citizenship and Immigration
Services.
2. Such an international home study shall contain a review of a
state criminal background check, a search of the Department of
Corrections’ files maintained pursuant to the Sex Offenders
Registration Act, and a search of the child abuse and neglect
information system maintained for review by authorized entities by
the Department of Human Services.
3. An international home study or home study update as
described in this section must include a statement that the home
study recommendation is for international adoption purposes only and
may not be used as the basis for a domestic adoption without the
addition of a review of the results of a national fingerprint-based
criminal background search if such would be required by subparagraph
c of paragraph 4 of subsection A of this section.
Oklahoma Statutes - Title 10. Children
E. The report of such home study or home study update shall
become a part of the files in the case and shall contain a definite
recommendation for or against the proposed adoption and the reasons
therefor.
F. Following issuance of an interlocutory decree of adoption,
or if the interlocutory decree is waived, prior to issuance of a
final decree, the investigator conducting the home study or another
investigator who meets the qualifications specified in Section 75055.4 of this title, shall observe the minor in the proposed adoptive
home and report in writing to the court on any circumstances or
conditions which may have a bearing on the granting of a final
adoption decree. If the interlocutory decree was not waived, the
investigator must certify that the final examination described in
this subsection has been made since the granting of the
interlocutory order. This supplemental report shall include a
determination as to the legal availability or status of the minor
for adoption and shall be filed prior to the final decree of
adoption.
Added by Laws 1997, c. 366, § 31, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 24, emerg. eff. June 11, 1998; Laws 1999, c.
396, § 18, emerg. eff. June 10, 1999; Laws 2007, c. 196, § 5, eff.
July 1, 2007; Laws 2012, c. 242, § 1; Laws 2021, c. 352, § 1, eff.
Nov. 1, 2021.
§10-7505-5.4. Persons or agencies authorized to conduct home
studies.
A. Home studies satisfying Sections 7505-5.1, 7505-5.2 and
7505-5.3 of this title must be conducted and the reports prepared
only by the following persons or agencies:
1. The agency having custody or legal guardianship of the
child;
2. The Department of Human Services;
3. A licensed child-placing agency; or
4. A person designated by the court who does not have an
interest in the outcome of the home study and who meets one of the
following qualifications:
a.
a master's degree in social work and one (1) year of
experience in children's services,
b.
a member of the Academy of Certified Social Workers
(ACSW) and one (1) year of experience in children's
services,
c.
a master's degree in a behavioral or social science
and two (2) years' experience in children's services,
d.
a doctorate in a behavioral or social science and one
(1) year of experience in children's services, or
Oklahoma Statutes - Title 10. Children
e.
is a member of the clergy with two (2) years of
experience in family counseling and is not the clergy
for the adoptive parents.
B. Persons satisfying the qualifications listed in paragraph 4
of subsection A of this section shall attend and satisfactorily
complete at least once every three (3) years a minimum of a threehour course in home study preparation and adoption trends taught by
a licensed child-placing agency, by the Department of Human
Services, a statewide organization composed of public and private
adoption professionals, or by a college or university.
Documentation of having met this educational requirement shall be
provided by the person to the court or others upon request.
C. The court may order agencies named in subsection A of this
section located in one or more counties to make separate
investigations on separate parts of the inquiry, as may be
appropriate.
D. The Department of Human Services shall not be required by
the court to make a home study and report to the court on adoptive
placements made by private adoption agencies or persons providing
private adoption services.
Added by Laws 1957, p. 24, § 13. Amended by Laws 1959, p. 27, § 1,
emerg. eff. April 6, 1959; Laws 1987, c. 85, § 1, eff. Nov. 1, 1987;
Laws 1994, c. 122, § 3, eff. July 1, 1994; Laws 1997, c. 366, § 32,
eff. Nov. 1, 1997. Renumbered from Title 10, § 60.13 by Laws 1997,
c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1999, c. 396, §
19, emerg. eff. June 10, 1999; Laws 2011, c. 371, § 6, eff. Nov. 1,
2011.
§10-7505-6.1. Interlocutory decree.
Upon examination of the report required in Section 29 or 30 of
this act, and after hearing, the court may issue an interlocutory
decree giving the care and custody of a minor to the petitioners,
pending the further order of the court.
Added by Laws 1957, p. 25, § 15. Amended by Laws 1994, c. 122, § 4,
eff. July 1, 1994; Laws 1997, c. 366, § 33, eff. Nov. 1, 1997.
Renumbered from § 60.15 of this title by Laws 1997, c. 366, § 58,
eff. Nov. 1, 1997.
§10-7505-6.2. Filings required prior to final hearing.
A. Before the final hearing on the petition for adoption, the
following must be filed in the proceeding when available:
1. A certified copy of the birth certificate or other record of
the date and place of birth of the minor;
2. Any consent, extra judicial consent, or permanent
relinquishment, with respect to the minor that has been executed,
and any written verifications required by the Oklahoma Adoption Code
Oklahoma Statutes - Title 10. Children
from the individual before whom a consent, extra judicial consent,
or permanent relinquishment was executed;
3. A certified copy of any court order terminating the parental
rights of the minor's parents or guardian;
4. A certified copy of any existing court order or the petition
in any pending proceeding concerning custody of or visitation with
the minor;
5. A copy of any home study performed on the petitioners,
including the home studies required by Sections 7505-5.1, 7505-5.2
and 7505-5.3 of this title;
6. In an adoptive placement in which the adoptive parents or
birth parents were not both legal residents of Oklahoma prior to the
initiation of the adoption process and the parties are not otherwise
exempt from the Interstate Compact on the Placement of Children, a
copy of the approval by both the sending state and receiving state
pursuant to the Interstate Compact on the Placement of Children;
7. A copy of any agreement with a public agency to provide a
subsidy for the benefit of a minor with a special need;
8. A verified document by the Department, or child-placing
agency that placed the minor for adoption, or the attorney for the
adoptive parent in direct placement adoption, or the person who is
placing the minor for adoption in a direct placement adoption in
which the adoptive parent is not represented by an attorney, stating
that the petitioner for adoption has been furnished a copy of the
medical and social history report, pursuant to Section 7504-1.2 of
this title;
9. The name and address, if known, of any person who is
entitled to receive notice of the proceeding for adoption;
10. The affidavit of expenditures;
11. A copy of the medical and social history report, as
required by subsection D of Section 7504-1.2 of this title,
including the initial report and all supplemental reports, if any,
prepared pursuant to subsection C of Section 7504-1.2 of this title;
12. Affidavits of nondisclosure, if any, signed by a biological
parent;
13. a.
A copy of the state criminal background check,
national fingerprint-based criminal background check,
if required by the provisions of the Oklahoma Adoption
Code, a search of the Department of Corrections' files
maintained pursuant to the Sex Offenders Registration
Act, and a search of the child abuse and neglect files
maintained for review by authorized entities by the
Department of Human Services pursuant to the Oklahoma
Child Abuse Reporting and Prevention Act, or
b.
If the adoptive petitioners are not legal residents of
Oklahoma and the sending state has comparable and
accessible checks and searches as specified by
Oklahoma Statutes - Title 10. Children
subparagraph a of this paragraph, a copy of the
approval of both the sending state and receiving state
pursuant to the Interstate Compact on the Placement of
Children or verification that this adoptive placement
is otherwise exempt from the Interstate Compact on the
Placement of Children; and
Any such other document or information required by the
14.
court.
B. If an item required by subsection A of this section is not
available, the person responsible for furnishing the item shall file
an affidavit explaining its absence.
Added by Laws 1997, c. 366, § 34, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 25, emerg. eff. June 11, 1998; Laws 2001, c.
434, § 9, emerg. eff. June 8, 2001; Laws 2002, c. 445, § 9, eff.
Nov. 1, 2002.
§10-7505-6.3. Application for final decree - Waiver of
interlocutory decree and waiting period - Notice of hearing Appearance - Entry of final decree.
A. After six (6) months from the date of the interlocutory
decree unless the court waived all or part of the waiting period,
the petitioners may apply to the court for a final decree of
adoption. The court shall thereupon set a time and place for final
hearing.
B. If the minor is related by blood to one of the petitioners,
or is a stepchild of the petitioner, or the court finds that the
best interests of the child will be furthered thereby, the court,
after examination of the home study reports required by Section
7505-5.1 or 7505-5.2 of this title, may waive the entry of an
interlocutory decree and the waiting period of six (6) months or the
balance of the waiting period provided in this section.
C. Notice of the time and date of the hearing shall be served
at least ten (10) days prior to the hearing upon any parent whose
parental rights have not been terminated, unless that parent has
properly executed a consent to the adoption or a permanent
relinquishment pursuant to Sections 7503-2.3, 7503-2.4 and 7503-2.6
of this title or has waived the right to notice pursuant to Section
7503-3.1 of this title. Notice of the hearing shall also be served
on the child-placing agency or the Department of Human Services in
those cases where the child-placing agency or Department has
original custody, or performed a home study.
D. The petitioners and child shall appear at the hearing on the
application for final decree, unless the presence of the child is
waived by the court.
E. The final hearing is not required to be recorded by a court
reporter. Upon the request of any party, the court shall direct
Oklahoma Statutes - Title 10. Children
that the hearing be recorded by the court reporter, or the court may
order on its own initiative that the hearing be recorded.
F. The court may enter a final decree of adoption, if the court
is satisfied that the adoption is in the best interests of the
child.
G. For purposes of this subsection, the State of Oklahoma
elects to make subparagraph (A) of paragraph 20 of subsection 3 of
Section 471(a) of the Social Security Act (Public Law 105-89)
inapplicable to Oklahoma. Instead, the State of Oklahoma requires
that:
1. Except as otherwise provided by this subsection, a
prospective adoptive parent shall not be approved for placement of a
child if the petitioners or any other person residing in the home of
the petitioners has been convicted of any of the following felony
offenses:
a.
within the five-year period preceding the date of the
petition, physical assault, domestic abuse, battery or
a drug-related offense, except as otherwise authorized
by this subsection,
b.
child abuse or neglect,
c.
a crime against a child, including, but not limited
to, child sexual abuse material, and
d.
a crime involving violence, including, but not limited
to, rape, sexual assault or homicide, but excluding
physical assault or battery.
2. A prospective adoptive parent may be an approved placement
regardless of whether such parent has been convicted of any of the
felony offenses specified by subparagraph a of paragraph 1 of this
subsection, if an evaluation has been made and accepted by the court
which considers the nature and seriousness of the crime in relation
to the adoption, the time elapsed since the commission of the crime,
the circumstances under which the crime was committed, the degree of
rehabilitation, the number of crimes committed by the person
involved, and a showing by clear and convincing evidence that the
child will not be at risk by such placement.
H. Under no circumstances shall a child be placed in the
custody of an individual subject to the Oklahoma Sex Offenders
Registration Act or an individual who is married to or living with
an individual subject to the Oklahoma Sex Offenders Registration
Act.
Added by Laws 1957, p. 25, § 14. Amended by Laws 1997, c. 366, §
35, eff. Nov. 1, 1997. Renumbered from § 60.14 of this title by
Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998,
c. 415, § 26, emerg. eff. June 11, 1998; Laws 2024, c. 59, § 2, eff.
Nov. 1, 2024.
§10-7505-6.4.
Denial of petition for adoption.
Oklahoma Statutes - Title 10. Children
A. If the court denies a petition for adoption or vacates a
decree of adoption, it shall dismiss the proceeding. If no
preexisting custody order remains in effect, the court shall issue
an appropriate order for the legal and physical custody of the minor
according to the best interests of the minor, if the court has
jurisdiction to issue a custody order.
B. 1. If the court has jurisdiction to issue a custody order,
the court shall schedule a separate hearing to determine custody of
the minor. The court shall certify that the petitioner for adoption
and each parent of the minor has received notice of the date of the
custody hearing at least fifteen (15) days prior to the date of the
hearing and that each biological parent who has signed a consent or
permanent relinquishment has been served in the same manner as
summons is served in civil cases at least fifteen (15) days prior to
the date of the hearing. The petitioner for adoption shall be
responsible for serving any parent who has not entered an appearance
in the adoption proceeding. If the Department of Human Services or
any licensed child-placing agency had legal custody at the time the
petition was filed, the petitioner shall notify the Department or
agency of the date of the custody hearing.
2. Upon motion to intervene, the court shall join any person
entitled to notice under this subsection who is not already a party
to the proceeding.
3. At the hearing, the court may award custody to the
biological mother, the biological father, the biological parents, if
they are married, the prospective adoptive parents, or the
Department or other licensed child-placing agency if the Department
or agency had legal custody of the child at the time that the
petition was filed, pursuant to Section 21.1 of this title, in the
best interests of the child.
4. The child shall be represented at this hearing pursuant to
Section 7505-1.2 of this title.
Added by Laws 1997, c. 366, § 36, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 27, emerg. eff. June 11, 1998.
§10-7505-6.5. Effect of final decree - Grandparental rights.
A. After the final decree of adoption is entered, the relation
of parent and child and all the rights, duties, and other legal
consequences of the natural relation of child and parent shall
thereafter exist between the adopted child and the adoptive parents
of the child and the kindred of the adoptive parents. From the date
of the final decree of adoption, the child shall be entitled to
inherit real and personal property from and through the adoptive
parents in accordance with the statutes of descent and distribution.
The adoptive parents shall be entitled to inherit real and personal
property from and through the child in accordance with said
statutes.
Oklahoma Statutes - Title 10. Children
B. After a final decree of adoption is entered, the biological
parents of the adopted child, unless they are the adoptive parents
or the spouse of an adoptive parent, shall be relieved of all
parental responsibilities for said child and shall have no rights
over the adopted child or to the property of the child by descent
and distribution.
C. A grandparent, who is the parent of the minor's biological
parents, may be given reasonable rights of visitation to the child,
only to the extent permitted by the provisions of Section 5 of this
title.
D. A decree of adoption does not affect any property right or
benefit vested in the child before the decree becomes final.
Added by Laws 1957, p. 25, § 16. Amended by Laws 1978, c. 71, § 2;
Laws 1981, c. 273, § 2; Laws 1984, c. 82, § 2, emerg. eff. April 4,
1984; Laws 1989, c. 211, § 2, eff. Nov. 1, 1989; Laws 1996, c. 297,
§ 6, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 37, eff. Nov.
1, 1997. Renumbered from § 60.16 of this title by Laws 1997, c.
366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 28,
emerg. eff. June 11, 1998.
§10-7505-6.6. Certificate of adoption - Supplementary birth
certificate - Sealed records - Disclosure of original records.
A. 1. For each adoption or annulment of adoption, the attorney
or child-placing agency handling the adoption or annulment of
adoption shall prepare and the clerk of the court shall certify,
within thirty (30) days after the decree becomes final, a
certificate of such decree on a form furnished by the State
Registrar of Vital Statistics.
2. Before the fifteenth day of each calendar month, the
attorney or child-placing agency handling the adoption or annulment
of adoption shall forward to the State Registrar the certificates
prepared by the attorney or agency handling the adoption or
annulment of adoption during the preceding calendar month. If a
biological parent has filed an affidavit of nondisclosure pursuant
to Section 7503-2.5 of this title, the attorney or agency handling
the adoption shall attach the affidavit of nondisclosure to the
certificate of such decree and forward it with the certificate to
the State Registrar.
B. The State Registrar, upon receipt of a certificate of a
decree of adoption, shall prepare a supplementary birth certificate
in the new name of the adopted person with the names of the adoptive
parents listed as the parents. The city and county of the place of
birth, the hospital, and the name of the physician shall not be
changed from the information provided on the original certificate of
birth. If the adopted person was born in a foreign country, the
State Registrar shall prepare a certificate of foreign birth.
Oklahoma Statutes - Title 10. Children
C. The State Registrar shall seal and file the original
certificate of birth, if any, with the certificate of decree of
adoption and the affidavit of nondisclosure, if any, attached. Upon
receipt of a certificate of a court order of annulment of adoption,
the State Registrar shall restore the original certificate to its
original place in the files.
D. For adoptions finalized after November 1, 1997, the State
Registrar shall provide an adopted person, at that person's request,
with an uncertified copy of the person's original certificate of
birth at any time after the adopted person's eighteenth birthday, if
all of the following conditions are met:
1. The adopted person has submitted satisfactory proof of
identity;
2. The adopted person has submitted an affidavit in which the
adopted person states under oath that such person does not have a
biological sibling under the age of eighteen (18) who is currently
in an adoptive family and whose location is known to the adopted
person; and
3. The State Registrar has ascertained that at the time of the
request there is no unrevoked affidavit of nondisclosure by a
biological parent on file. However, if an unrevoked affidavit of
nondisclosure from only one biological parent is on file and the
other conditions have been met, the State Registrar may release to
the adopted person an uncertified copy of the person's original
certificate of birth after deleting from that copy of the birth
certificate any identifying information regarding the biological
parent who filed the unrevoked affidavit of nondisclosure,
including, if necessary, the original surname of the adopted person.
E. The State Registrar shall not disclose an original
certificate of birth or other sealed adoption records, except as
permitted by subsection D of this section, or upon order of the
court for good cause shown pursuant to Section 7505-1.1 of this
title.
Added by Laws 1957, p. 26, § 18. Amended by Laws 1967, c. 24, § 1,
emerg. eff. March 6, 1967; Laws 1969, c. 275, § 1, emerg. eff. April
25, 1969. Renumbered from § 60.18 of this title by Laws 1997, c.
366, § 58, eff. Nov. 1, 1997. Amended by Laws 1997, c. 400, § 1,
eff. July 1, 1997; Laws 1998, c. 5, § 10, emerg. eff. March 4, 1998;
Laws 1998, c. 415, § 29, emerg. eff. June 11, 1998.
NOTE: Laws 1997, c. 366, § 38 repealed by Laws 1998, c. 5, § 29,
emerg. eff. March 4, 1998.
§10-7505-7.1. Appeals.
A. An appeal may be taken from any final order, judgment,
decree, or any order determining a minor eligible for adoption
without terminating parental rights rendered pursuant to the
Oklahoma Adoption Code to the Supreme Court by any person aggrieved
Oklahoma Statutes - Title 10. Children
thereby, in the manner provided for appeals from the court as
provided in this section.
B. In an appeal concerning the adoption of a minor or the
termination of parental rights for adoption purposes, or any order
determining a minor eligible for adoption without terminating
parental rights, the appellant's designation of record shall be
filed in the trial court within ten (10) days after the date of the
judgment or order. Appellee's counter designation of record shall
be filed in the trial court ten (10) days after appellant's
designation of record is filed in the trial court.
C. All appeals of cases concerning the adoption of a minor or
the termination of parental rights for adoption purposes, or an
order determining that a minor is eligible for adoption which does
not terminate parental rights, shall be initiated by filing a
petition in error in the Supreme Court within thirty (30) days of
the filing of the order, judgment, or decree appealed from. The
record on appeal shall be completed within thirty (30) days from the
filing of the petition in error. Any response to the petition in
error shall be filed within twenty (20) days from the filing of the
petition in error.
D. The briefing schedule is established as follows:
1. Appellant's brief in chief shall be filed twenty (20) days
after the trial court clerk notifies all parties that the record is
complete and such notice has been filed in the office of the Clerk
of the Supreme Court;
2. Appellee's answer brief shall be filed fifteen (15) days
after the appellant's brief in chief is filed; and
3. Appellant's reply brief may be filed within ten (10) days
after the appellee's answer brief is filed.
E. Any appeal when docketed should have priority over all cases
pending on said docket. Adjudication of appeals and any other
proceedings concerning the adoption of the minor described in this
section shall be expedited by the Supreme Court.
F. The pendency of an appeal shall not suspend the order of the
district court regarding a minor, nor shall it remove the minor from
the custody of that court or of the person, institution, or agency
to whose care such minor has been committed, unless the Supreme
Court shall so order.
Added by Laws 1957, p. 26, § 19. Amended by Laws 1996, c. 297, §
10, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 39, eff. Nov. 1,
1997. Renumbered from § 60.19 of this title by Laws 1997, c. 366, §
58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 30, emerg.
eff. June 11, 1998.
§10-7505-7.2. Limitations on challenge to adoption or termination
of parental rights - Effect of appeal - Best interests of child.
Oklahoma Statutes - Title 10. Children
A. Except as otherwise provided by paragraph 3 of subsection B
of Section 7503-2.7 of this title:
1. When an interlocutory or final decree of adoption has been
rendered, a decree terminating parental rights cannot be challenged
on any ground, either by a direct or a collateral attack, more than
three (3) months after its rendition. The minority of the natural
parent shall not operate to prevent this time limit from running;
and
2. No adoption may be challenged on any ground either by a
direct or collateral attack more than three (3) months after the
entry of the final adoption decree regardless of whether the decree
is void or voidable, and the minority or incompetence of the natural
parent shall not operate to prevent this time limit from running.
B. In any challenge on any ground either by a direct or
collateral attack, the court shall not enter a decision which is
contrary to the best interests of the adopted minor.
Added by Laws 1971, c. 316, § 2, emerg. eff. June 24, 1971. Amended
by Laws 1995, c. 340, § 25, emerg. eff. June 9, 1995; Laws 1996, c.
297, § 9, emerg. eff. June 10, 1996. Renumbered from § 58 of this
title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996.
Amended by Laws 1997, c. 366, § 40, eff. Nov. 1, 1997. Renumbered
from § 60.18b of this title by Laws 1997, c. 366, § 58, eff. Nov. 1,
1997. Amended by Laws 1998, c. 415, § 31, emerg. eff. June 11,
1998.
§10-7505-8.1. Adoption dissolution statistics to be published.
A. Whenever the Department of Human Services publishes
statistics on successful adoptions, the Department shall also
include statistics on adoption dissolutions, including the average
number of months between the finalization of adoptions and the
effective date of dissolutions.
B. For purposes of this section, "adoption dissolutions" means
adoptions which dissolve after the adoption is finalized and prior
to the time the adopted child reaches eighteen (18) years of age.
Added by Laws 2009, c. 277, § 1, eff. Nov. 1, 2009.
§10-7506-1.1. Paternity registry.
A. The Department of Human Services shall establish a
centralized paternity registry. The purpose of the registry is to:
1. Protect the parental rights of a putative father who may
wish to affirmatively assume responsibility for children he may have
fathered; and
2. Expedite adoptions of children whose biological fathers are
unwilling to assume responsibility for their children by registering
with the registry or otherwise acknowledging their children.
B. The father or putative father of a child born out of wedlock
may file:
Oklahoma Statutes - Title 10. Children
1. A notice of desire to receive notification of an adoption
proceeding concerning the minor pursuant to Section 7503-3.1 of this
title;
2. A notice of intent to claim paternity of the child pursuant
to this section or Section 7503-3.1 of this title;
3. An instrument acknowledging paternity of the child as
provided in Section 7503-3.1 of this title, or this section, and
Section 1-311.3 of Title 63 of the Oklahoma Statutes;
4. A waiver of interest pursuant to Section 7503-3.1 of this
title; or
5. Any other claim for acknowledging or denial of paternity
authorized by law.
C. The paternity registry shall also be available to any person
who:
1. Has been adjudicated by a court of another state or
territory of the United States to be the father of a minor by filing
a certified copy of the court order with the registry; or
2. Has been adjudicated by a court of this state to be the
father of a minor born out of wedlock.
D. The Department shall maintain the following information in
the registry:
1. The putative father's:
a.
name,
b.
address at which the putative father may be served
with notice of an adoption,
c.
Social Security number,
d.
date of birth, and
e.
tribal affiliation, if any;
2. The mother's:
a.
name, including all other names known to the putative
father that the mother uses, and
b.
address, Social Security number, and date of birth, if
known;
3. The minor's name, date and place of birth, if known, or the
probable month and year of the expected birth of the minor;
4. The date that the Department receives a putative father's
registration;
5. The:
a.
name of an attorney or child-placing agency that
requests the Department to search the registry to
determine whether a putative father is registered in
relation to a mother whose minor is or may be the
subject of an adoption, and
b.
date that the attorney or agency submits a request as
provided under this paragraph;
Oklahoma Statutes - Title 10. Children
6. If the registration is based upon an adjudication by a court
of this or any other state, the case number, court, date of order,
judgment or decree, and a copy of the decree; and
7. Any other information that the Department determines is
necessary to access the information in the registry.
E. The Department shall store the registry's data in a manner
so that the data is accessible under the following:
1. The putative father's name;
2. The mother's name; and
3. The minor's name, if known.
F. A putative father who registers under this section shall
provide to the Department:
1. The putative father's:
a.
name,
b.
address at which the putative father may be served
with notice of an adoption,
c.
Social Security number,
d.
date of birth, and
e.
tribal affiliation, if any;
2. The mother's name, including all other names known to the
putative father that the mother uses;
3. If the registration is based upon an adjudication by a court
of this or any other state, the case number, court, date of order,
judgment or decree, and a copy of the decree; and
4. Any other information described under subsection D of this
section that is known to the putative father.
G. 1. A person filing a notice of desire to receive
notification of an adoption proceeding concerning the minor, a
notice of intent to claim paternity of a minor or an acknowledgment
of paternity shall include therein his current address and shall
notify the registry of any change of address pursuant to procedures
prescribed by rules of the Department.
2. If a putative father does not have an address where the
putative father is able to receive notice of an adoption, the
putative father may designate another person as an agent for the
purpose of receiving notice of adoption. The putative father must
provide the Department with the agent's name and the address at
which the agent may be served.
3. Service of notice upon the agent constitutes service of
notice upon the putative father. If the agent cannot be served at
the address provided by the putative father, as provided in this
subsection, and if the putative father cannot be served because his
whereabouts are unknown, the putative father can be served by
publication pursuant to paragraph 3 of subsection B of Section 75052.1 or paragraph 3 of subsection C of Section 7505-4.1 of this
title.
Oklahoma Statutes - Title 10. Children
H. An unrevoked notice of intent to claim paternity of a minor
or an instrument acknowledging paternity may be introduced in
evidence by any party in any proceeding in which such fact may be
relevant.
I. The Department, upon request, shall provide the names and
addresses of persons listed with the registry to any court or
authorized agency, and such other persons deemed necessary to
receive such information by the Department. The information shall
not be divulged to any other person except upon order of a court for
good cause shown.
J. The Department shall:
1. Provide the forms necessary for filing with the paternity
registry established by this section and shall make said forms
available to any father or putative father of a minor born out of
wedlock who wishes to file with the registry; and
2. Provide, from any available funds, for the publication and
statewide distribution to the public of information as to the
existence of the paternity registry, the procedures for entry into
the registry, and the consequences of failure to register.
Added by Laws 1985, c. 337, § 6, eff. Feb. 1, 1986. Amended by Laws
1997, c. 366, § 41, eff. Nov. 1, 1997. Renumbered from § 55.1 of
this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended
by Laws 1998, c. 415, § 32, emerg. eff. June 11, 1998.
§10-7506-1.2. Revocation of notice of intent to claim paternity Removal of registrant's name from registry.
A. A putative father may revoke a notice of intent to claim
paternity at any time by submitting a signed, notarized statement
revoking the notice of intent to claim paternity.
B. If a court determines that the registrant is not the father
of the child, the court shall order that the Department remove the
registrant's name from the registry. On receipt of an order
providing for the removal of the registrant's name, the Department
shall remove the name from the registry.
Added by Laws 1997, c. 366, § 42, eff. Nov. 1, 1997.
§10-7507-1.1. Adult adoptions.
An adult person may be adopted by any other adult person, with the
consent of the person to be adopted or his guardian, if the court
shall approve, and with the consent of the spouse, if any, of an
adoptive parent, filed in writing with the court. The provisions of
Sections 9 through 36 of this act shall not apply to the adoption of
a competent adult person. A petition therefor shall be filed with
the district court in the county where the adoptive parents reside.
After a hearing on the petition and after such investigation as the
court deems advisable, if the court finds that it is to the best
interests of the people involved, a decree of adoption may be
Oklahoma Statutes - Title 10. Children
entered which shall have the legal consequences stated in Section 37
of this act.
Added by Laws 1957, p. 26, § 21. Amended by Laws 1997, c. 366, §
43, eff. Nov. 1, 1997. Renumbered from § 60.21 of this title by
Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
§10-7508-1.1. Records retention.
A. All records of any adoption finalized in this state shall be
maintained for ninety-nine (99) years by the child-placing agency,
entity, organization or person arranging or facilitating the
adoption.
B. Child-placing agencies, attorneys, or other entities that
facilitate adoptions who cease to operate or to practice in this
state shall transfer their adoption records to the Department of
Human Services, Adoption Division, or, after giving notice to the
Department of Human Services, to a transferee agency that is
assuming responsibility for the preservation of the agency's
adoption records.
Added by Laws 1997, c. 366, § 44, eff. Nov. 1, 1997. Amended by
Laws 2011, c. 371, § 7, eff. Nov. 1, 2011.
§10-7508-1.2. Mutual Consent Voluntary Registry.
A. The Department of Human Services shall establish and
administer, directly or through a contractor, a Mutual Consent
Voluntary Registry whereby eligible persons as described in
subsection B of this section may indicate their willingness to have
their identity and whereabouts disclosed to each other under the
conditions specified under this part.
B. Subject to the restrictions of subsections C and D of this
section, the following persons may register with the Mutual Consent
Voluntary Registry:
1. An adult adopted person;
2. An adult person whose biological parent's parental rights
have been terminated;
3. The adoptive parents or guardian of an adopted person who is
under the age of eighteen (18) or who has been declared mentally
incompetent;
4. If an adopted person is deceased, the legal parent or
guardian of any minor child or mentally incompetent child of the
adopted person;
5. If an adopted person is deceased, any adult descendants of
the adopted person;
6. The legal parent or guardian of a minor or a person who has
been declared mentally incompetent whose biological parent's
parental rights have been terminated;
Oklahoma Statutes - Title 10. Children
7. The legal parent or guardian of any minor or mentally
incompetent child of a deceased person whose biological parent's
parental rights have been terminated;
8. The adult descendants of a deceased person whose biological
parent's parental rights have been terminated;
9. A parent whose parental rights were voluntarily terminated
by court order subsequent to the parent's consent or relinquishment,
or involuntarily terminated by court order, in an adoption,
juvenile, guardianship, or domestic relations proceeding; and
10. An adult biological relative of an adopted person or a
person whose biological parent's parental rights have been
terminated.
C. This registry shall not be used by:
1. An adult adopted person who has a minor biological sibling
in the same adoptive family or in an adoptive or foster family or
other placement whose location is known to the adult adopted person;
or
2. An adult whose biological parent's parental rights have been
terminated and who has a biological sibling in the same family or in
an adoptive or foster family or other placement whose location is
known to that adult.
D. If a biological relative, other than a biological parent,
registers pursuant to paragraph 9 of subsection B of this section,
the administrator of the Mutual Consent Voluntary Registry shall
ascertain from the State Registrar of Vital Statistics whether an
affidavit of nondisclosure by a biological parent is on file. If
such an affidavit is filed with the State Registrar and has not been
revoked, the administrator of the Mutual Consent Voluntary Registry
shall not process a match with any biological relative of the parent
who filed the affidavit of nondisclosure.
E. 1. An eligible person may register by submitting a
notarized affidavit, on a form provided by the Department of Human
Services, stating the registrant's current name, address, telephone
number, and the registrant's willingness to be identified to some or
all eligible relatives, identified by name or by relationship, who
also register. The registrant may also provide any previous name by
which the registrant was known, previous and current names, if
known, of specific eligible persons the registrant wishes to find,
the place and date of birth of the adopted minor or the minor whose
parent's rights have been terminated, and the name and address of
the adoption agency, intermediary, or other person, if any, who
placed the minor for adoption or took custody of the minor after the
minor's parent's rights were terminated. If the registrant is an
adult adopted person or an adult whose biological parent's rights
have been terminated, the affidavit shall also contain a statement
that the registrant does not have a minor biological sibling in the
Oklahoma Statutes - Title 10. Children
same family or in an adoptive or foster family or other placement
whose location is known to the registrant.
2. The form shall also indicate the registrant's desired method
of notification in the event a match occurs; however, the Department
shall not be required to utilize methods of notification that would
require it to incur unreasonable expense. The form shall also
indicate whether the registrant desires release of the registrant's
identifying information if a match occurs after the registrant's
death. No registration shall be accepted until the prospective
registrant submits satisfactory proof of the registrant's identity.
Registering persons may revise their consent with respect to change
of address, telephone number or method of notification. Any name
and accompanying information shall be removed from the list upon the
verified written request of the person who registered.
F. The administrator of the Mutual Consent Voluntary Registry
shall process each affidavit in an attempt to match the registrant
with any other eligible persons who have registered and consented to
have their identifying information released to the registrant. Such
processing may include, but not be limited to, research from agency
records, when available, and when agency records are not available,
from court records to determine conclusively whether registrants
match. When a match has occurred, the administrator shall notify
each registrant, by the registrant's designated method only, and
obtain the registrant's consent to an exchange of identifying
information before any identifying information is released. Nothing
in this section shall be construed to allow any state or local
governmental department, agency, institution, or contractor, or any
employee thereof, to solicit any consent for the release of
identifying information from someone who has not registered with the
registry.
G. Any affidavits filed and other information collected shall
be retained for twenty-two (22) years following the date of
registration.
H. Any person who discloses information from the registry in
violation of this act shall be guilty of a misdemeanor and shall be
fined up to Five Thousand Dollars ($5,000.00) or imprisoned for a
period of six (6) months or both.
Added by Laws 1997, c. 366, § 45, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 33, emerg. eff. June 11, 1998.
§10-7508-1.3. Confidential intermediary search program.
A. The Department of Human Services shall establish a search
program whereby the services of a confidential intermediary who has
been certified through the program may be used by eligible persons
listed in subsection B of this section to locate an adult biological
relative listed in subsection B of this section with whom contact
Oklahoma Statutes - Title 10. Children
has been lost through adoption or termination of parental rights
proceedings.
B. Subject to the restrictions of subsections C and D of this
section, the following persons may request a search or be the
subject of a search through the confidential intermediary search
program:
1. An adult adopted person;
2. An adult person who has a parent whose parental rights have
been terminated;
3. The legal parent or guardian of any minor or mentally
incompetent child of a deceased adopted person;
4. An adult descendant of a deceased adopted person;
5. The legal parent or guardian of any minor or mentally
incompetent child of a deceased person whose biological parent's
parental rights have been terminated;
6. An adult descendant of a deceased person whose biological
parent's parental rights have been terminated;
7. A biological parent whose parental rights were voluntarily
or involuntarily terminated by court order in an adoption, juvenile,
guardianship, or domestic relations proceeding;
8. An adult biological sibling or biological grandparent of an
adult adopted person or of an adult person who has a parent whose
parental rights have been terminated; and
9. The sibling of a deceased biological parent whose parental
rights were voluntarily or involuntarily terminated by court order
in an adoption, juvenile, guardianship, or domestic relations
proceeding.
C. A search through the confidential intermediary program may
not be performed on behalf of:
1. Anyone who has not previously registered with the Mutual
Consent Voluntary Registry at least six (6) months prior to
submission of the application for services through the confidential
intermediary search program;
2. An adult adopted person who has a minor biological sibling
in the same adoptive family or in an adoptive or foster family or
other placement whose location is known to the adult adopted person;
3. An adult whose biological parent's parental rights have been
terminated and who has a minor biological sibling in the same family
or in an adoptive or foster family or other placement whose location
is known to that adult; or
4. Anyone who has previously initiated a search for a
biological parent that refused to share identifying information,
communicate, or meet, and who initiates a subsequent search for a
biological relative of that biological parent.
D. If a biological relative of an adopted person, other than a
biological parent, applies to initiate a search or is the subject of
a search, the administrator of the confidential intermediary search
Oklahoma Statutes - Title 10. Children
program shall ascertain from the State Registrar of Vital Statistics
whether an affidavit of nondisclosure by a biological parent of the
adopted person is on file. If such an affidavit is filed with the
State Registrar and has not been revoked, the administrator of the
search program shall decline to initiate a search at the request of
or for any biological relative of the parent who filed the affidavit
of nondisclosure, unless the person initiating the search can
provide satisfactory proof that the biological parent who filed the
affidavit of nondisclosure is deceased.
E. The Department of Human Services shall administer, directly
or through a contractor, the confidential intermediary search
program. The Department of Human Services shall adopt rules and
procedures necessary to implement the search program, including but
not limited to the qualifications, minimum standards for training
and certification, and standards of conduct for a confidential
intermediary. A person shall not act as a confidential intermediary
unless the person has completed the training required by the
Department of Human Services, signed and filed an oath of
confidentiality with the Department of Human Services, and possesses
a confidential intermediary certificate issued by the Department of
Human Services.
F. The Department of Human Services shall develop an oath of
confidentiality, which must be signed under penalty of perjury by
each prospective confidential intermediary prior to receiving
certification. In the oath, the intermediary shall affirm that:
1. The intermediary has completed the requisite training for a
confidential intermediary as required by the Department of Human
Services;
2. The intermediary will not disclose to anyone, directly or
indirectly, identifying or confidential information in the records
or otherwise obtained through the intermediary's participation in
the search program, except under the conditions specified in this
section;
3. The intermediary will conduct a reasonable search for an
individual being sought and make a discreet and confidential inquiry
as to whether the individual consents to release of identifying
information or medical information or to meeting or communicating
with the individual initiating the search, and will report back to
the administrator of the program the results of the intermediary's
search and inquiry;
4. If the individual initiating the search and the individual
being sought consent in writing to meet or to communicate with each
other, the intermediary will act in accordance with the instructions
of the administrator of the program to facilitate any meeting or
communication between them;
Oklahoma Statutes - Title 10. Children
5. The intermediary will not accept any fee or compensation for
the intermediary's services except as authorized by the
administrator of the search program and the Oklahoma Statutes; and
6. The intermediary recognizes that unauthorized release of
information is a violation of this section and Section 7505-1.1 of
this title and may subject the intermediary to a fine or
imprisonment or both, to civil liability, and to loss of
certification as a confidential intermediary.
G. 1. After an eligible person described in subsection B of
this section has:
a.
completed an application to initiate a search,
b.
provided satisfactory proof of identity to the
administrator of the program, and
c.
paid the fee established by the Department of Human
Services for initiating a search,
the administrator of the search program shall assign the search to a
confidential intermediary certified by the Department of Human
Services.
2. The confidential intermediary shall be permitted to inspect:
a.
all court records relevant to the adoption or
termination of parental rights proceeding,
b.
the original certificate of birth, or other sealed
adoption records, and other relevant records, if any,
in the possession of the State Registrar of Vital
Statistics, and
c.
all relevant records in the possession of the
Department of Human Services.
3. The confidential intermediary must present to the custodians
of such records documentary proof of the intermediary's
certification and the referral form from the administrator of the
search program prior to obtaining access to any of these records.
4. The confidential intermediary may also inspect records in
the possession of a private adoption agency or a private attorney,
but only if the private agency or attorney voluntarily agrees to
cooperate and permits the examination.
5. The confidential intermediary shall keep confidential all
information obtained during the course of the investigation, except
as disclosure is permitted by this section.
H. 1. If the confidential intermediary is able to locate the
subject of the search, the confidential intermediary shall make a
discreet and confidential inquiry as to whether the person who is
the subject of the search will consent to share identifying
information, communicate, or meet with the person who initiated the
search.
2. The inquiry to the person who is the subject of the search
shall be by personal and confidential contact. The inquiry shall be
Oklahoma Statutes - Title 10. Children
made without disclosing the identifying information about the person
who initiated the search.
3. If the person who is the subject of the search is willing to
share identifying information, communicate, or meet with the person
who initiated the search, the confidential intermediary shall obtain
this consent in writing, in a document that is dated and signed by
the subject of the search.
4. If the person who is the subject of the search is not
willing to share identifying information, meet, or communicate with
the person who initiated the search, the confidential intermediary
shall attempt to obtain any nonidentifying medical or social history
information that has been requested by the person who has initiated
the search.
5. If the confidential intermediary discovers the subject of
the search is deceased, the confidential intermediary shall include
this information and, if the deceased subject is a biological
parent, shall include the identity of the biological parent in the
written report.
I. 1. Any written consent and nonidentifying information
obtained by the confidential intermediary, along with a written
report of the results of the intermediary's search and inquiry,
shall be transmitted to the administrator of the confidential
intermediary program.
2. If the confidential intermediary is unable to locate the
subject of the search, the intermediary shall report this to the
administrator of the program and include in this written report a
description of the search efforts.
3. If the confidential intermediary discovers that the identity
of the biological father was unknown or not revealed by the
biological mother, the confidential intermediary shall also include
this information in the written report.
J. 1. Upon receipt of the report of the confidential
intermediary, the administrator of the search program shall contact
the person who initiated the search.
2. If the subject of the search agreed to share identifying
information, communicate, or meet, the administrator shall relay
this information and obtain the written consent of the person who
initiated the search before arranging the sharing of identifying
information, communication, or meeting between them.
3. Upon receiving the written consent of both the initiator and
the subject of the search, the administrator may utilize the
services of the confidential intermediary to facilitate a
communication or meeting.
4. If nonidentifying medical or social history information was
obtained, the administrator shall provide a copy of the
nonidentifying information to the person who initiated the search.
If the intermediary was unable to locate the subject of the search
Oklahoma Statutes - Title 10. Children
or the subject is deceased or did not consent to exchange
identifying information, communicate, or meet, the administrator
shall share that information with the initiator of the search.
5. If the subject of the search is a biological parent who is
deceased, the administrator shall provide the initiator of the
search with any identifying information available regarding the
deceased biological parent, if the initiator of the search consents
in writing to receive the information.
K. If the initiator of a search subsequently applies to the
court for an order allowing the release of identifying information
for good cause shown, after the subject of the search has refused to
share identifying information, communicate, or meet, the initiator
shall advise the court in such person's motion of the results of the
search. Upon the request of the court, the administrator of the
program shall disclose to the court the report of the confidential
intermediary regarding the results of the search, including any
information about why the subject of the search objected to
disclosure or contact.
L. Any information obtained by a confidential intermediary
during the course of such person's investigation shall be kept
strictly confidential and shall be disclosed and utilized only in
the manner permitted by this section.
M. Any person who discloses information obtained during the
course of a search performed under this section in violation of this
act shall be guilty of a misdemeanor and shall be fined up to Five
Thousand Dollars ($5,000.00) or imprisoned for a period of six (6)
months or both.
N. Any reports and other information collected as a result of a
search performed under this section shall be retained by the
administrator of the search program for twenty-two (22) years
following the date of the initial application for the search.
O. The Department may charge the person who initiates the
search for the actual expenses incurred in providing the service
requested under this section and a reasonable fee for compensation
of the confidential intermediary and the administration of this
program.
Added by Laws 1997, c. 366, § 46, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 34, emerg. eff. June 11, 1998.
§10-7509-1.1. Conditions for discharges of infants from medical
facilities.
A. It is the public policy of the State of Oklahoma that when
an infant will be placed for adoption, a discharge of the infant
from a medical facility shall be made as soon after birth as is
medically prudent to facilitate the placement that has been
arranged.
Oklahoma Statutes - Title 10. Children
B. It shall be unlawful for any physician, hospital, or any
other person or entity to condition discharge of an infant from a
medical facility on the payment of any expense or to require a
temporary order from a court before discharging an infant. Upon
receipt of a written authorization of the birth mother, a medical
facility shall release an infant to the person or agency designated
in the written authorization.
C. Any physician, hospital, or any other person or entity that
violates the provisions of subsection B of this section shall be
liable in a civil action for compensatory and punitive damages,
shall be subject to injunctive remedies and a judgment for the
payment of an aggrieved person's attorney fees and court costs. In
addition, upon proof before any State of Oklahoma licensing board or
agency, that any physician, hospital, or other person or entity has
violated the provisions of this section, said person's or entity's
license or charter to practice a profession or conduct business
operations within this state may be suspended.
Added by Laws 1997, c. 366, § 47, eff. Nov. 1, 1997. Amended by
Laws 1998, c. 415, § 35, emerg. eff. June 11, 1998.
§10-7509-1.2. Confidential index of birth and adoptive names.
In order to facilitate the updating of medical and social
information received pursuant to the Oklahoma Adoption Act and for
the operation of the mutual consent voluntary registry and the
confidential intermediary search programs, the office of the court
clerk in each county of this state shall create a confidential index
that cross-references an adoption of a child by both the child's
birth name and adoptive name.
Added by Laws 1998, c. 415, § 36, emerg. eff. June 11, 1998.
§10-7509-1.3. Invalidation or revocation of final decree of
adoption.
If a person, attorney or licensed child-placing agency is
investigated by law enforcement for suspected fraud or trafficking
in children, the final decree of adoption shall not be invalidated
or revoked. Provided, however, if an adoptive parent is
investigated for suspected fraud or trafficking, the final decree of
adoption may be invalidated or revoked by the court upon good cause
shown.
Added by Laws 2016, c. 74, § 3, eff. Nov. 1, 2016.
§10-7510-1.1. Short title.
This act shall be known and may be cited as the "Oklahoma
Adoption Assistance Act".
Added by Laws 1982, c. 200, § 1. Amended by Laws 1997, c. 366, §
48, eff. Nov. 1, 1997. Renumbered from § 60.25 of this title by
Oklahoma Statutes - Title 10. Children
Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
c. 445, § 10, eff. Nov. 1, 2002.
Amended by Laws 2002,
§10-7510-1.2. Definitions.
As used in the Oklahoma Adoption Assistance Act:
1. “Child” means any person who has not attained the age of
eighteen (18) years who is in the court-ordered custody of the
Department of Human Services or a federally recognized Indian tribe,
as defined by the federal Indian Child Welfare Act and the Oklahoma
Indian Child Welfare Act; and
2. “Department” means the Oklahoma Department of Human
Services.
Added by Laws 1982, c. 200, § 2, eff. Oct. 1, 1982. Amended by Laws
1996, c. 297, § 12, emerg. eff. June 10, 1996. Renumbered from §
60.26 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
Amended by Laws 2001, c. 434, § 10, emerg. eff. June 8, 2001; Laws
2002, c. 445, § 11, eff. Nov. 1, 2002.
NOTE: Laws 2001, c. 415, § 15 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002.
§10-7510-1.3. Program of assistance for children not eligible for
federally funded adoption assistance benefits.
A. The Department of Human Services shall establish and
administer an ongoing program of adoption assistance for eligible
special needs children in the legal custody of the Department or a
federally recognized Indian tribe, as defined by the federal Indian
Child Welfare Act and the Oklahoma Indian Child Welfare Act, who are
not eligible for federally funded adoption assistance benefits.
Adoption assistance benefits under this program shall be provided
out of funds appropriated to the Department for the maintenance of
children in foster care or made available to it from other sources.
B. Adoption assistance benefits under this program may include
Medicaid coverage, a monthly adoption assistance payment,
reimbursement of nonrecurring adoption expenses, special services,
or any combination of such benefits.
C. To comply with 42 U.S.C., Section 471(a)(14) of the Social
Security Act and 45 C.F.R., Section 1356.21(n), the Department shall
limit the number of children under the responsibility of the
Department, who remain in substitute care for a period over twentyfour (24) months, to no more than thirty percent (30%) of the
children in care during any fiscal year.
Added by Laws 1982, c. 200, § 3, eff. Oct. 1, 1982. Amended by Laws
1996, c. 297, § 13, emerg. eff. June 10, 1996. Renumbered from §
60.27 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
Amended by Laws 1998, c. 415, § 37, emerg. eff. June 11, 1998; Laws
2002, c. 445, § 12, eff. Nov. 1, 2002; Laws 2008, c. 159, § 5,
emerg. eff. May 12, 2008.
Oklahoma Statutes - Title 10. Children
§10-7510-1.4. Eligibility for adoption assistance - Factors for
determination.
A child may be determined by the Department of Human Services to
be eligible for adoption assistance pursuant to the Oklahoma
Adoption Assistance Act if, in accordance with rules promulgated by
the Commission for Human Services, the Department has determined
that:
1. The child cannot or should not be returned to the home of
his or her parents;
2. There exists a specific factor or condition because of which
it is reasonable to conclude that the child cannot be placed for
adoption without providing adoption assistance; and
3. A reasonable, but unsuccessful, effort has been made to
place the child with appropriate adoptive parents without providing
adoption assistance except when it would be against the best
interests of the child because of such factors including, but not
limited to, the existence of significant emotional ties with
prospective adoptive parents while the child was in the care of such
parents as a foster child.
Added by Laws 1982, c. 200, § 4, eff. Oct. 1, 1982. Amended by Laws
1996, c. 297, § 14, emerg. eff. June 10, 1996. Renumbered from §
60.28 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
Amended by Laws 1999, c. 396, § 20, emerg. eff. June 10, 1999; Laws
2002, c. 445, § 13, eff. Nov. 1, 2002.
§10-7510-1.5. Written agreement - Commencement of assistance Amount - Preexisting condition - Periodic certification Termination or modification - Continued eligibility regardless of
residence.
A. 1. When a parent or parents are found and approved for
adoption of a child who is determined by the Department of Human
Services to be eligible for adoption assistance pursuant to the
Oklahoma Adoption Assistance Act, and before the final decree of
adoption is entered, there must be a signed written agreement
between the prospective adoptive parent or parents and the
Department.
2. Adoption assistance in individual cases may commence with
the adoptive placement or at the time of finalization of the
adoption. Adoption assistance may be for special services only, or
for monthly money payments, and either for a limited period, or for
a long term, or for any combination of the foregoing.
Eligibility for and the rate of monthly adoption assistance
payments shall be determined by the Department in accordance with
rules promulgated by the Commission for Human Services.
B. When an otherwise eligible child is determined to have a
causative, preexisting condition which was not identified or known
Oklahoma Statutes - Title 10. Children
prior to the legal finalization of the adoption and which has
resulted in a severe medical or psychiatric condition that requires
extensive treatment, hospitalization, or institutionalization, an
adoption assistance agreement may be approved by the Department
after the final decree of adoption has been entered. In the event
an adoption assistance agreement is approved that provides for
monthly adoption assistance payments, the adoptive parents may also
be entitled to receive retroactive adoption assistance payments for
a period not to exceed the two (2) months prior to the date the
adoption assistance agreement was approved.
C. Any child who met the requirements of the provisions of
Sections 7510-1.2 and 7510-1.4 of this title, and was determined
eligible for Oklahoma adoption assistance with respect to a prior
adoption, and is available for adoption because the prior adoption
has been dissolved and the parental rights of the adoptive parents
have been terminated or because the adoptive parents of the child
have died, shall be eligible for Oklahoma adoption assistance with
respect to any subsequent adoption.
D. 1. When adoption assistance benefits are for more than one
(1) year, the Department shall send the adoptive parent or parents
an Adoption Assistance Annual Review request and assure that the
child who has attained the minimum age for compulsory school
attendance and is eligible for an adoption assistance payment under
Title IV-E of the Social Security Act, 42 U.S.C., Section 670 et
seq. is:
a.
enrolled in an institution that provides elementary or
secondary education as determined under the law of
this state or other jurisdiction in which the
institution is located,
b.
instructed in elementary or secondary education by any
other means legally authorized,
c.
in an independent study elementary or secondary
education program in accordance with the law of this
state or other jurisdiction in which the program is
located, that is administered by the local school or
school district, or
d.
incapable of attending school on a full-time basis due
to a documented medical condition supported by regular
updates.
2. The adoptive parent or parents shall at all times keep the
Department informed of circumstances including, but not limited to,
whether the adoptive parent or parents continue to be legally
responsible for support of the child which would make them
ineligible for such assistance payments or eligible for assistance
payments in a different amount.
Oklahoma Statutes - Title 10. Children
3. The Department is authorized and directed to make a review
of each adoption assistance agreement annually to assure that the
parents are fulfilling their obligations under the agreement.
4. No payment may be made to any parents with respect to any
child who has attained the age of eighteen (18) years, except a
child may continue to receive assistance until the child reaches the
age of nineteen (19) years if the child:
a.
continues to attend high school or pursues General
Education Development, or
b.
meets the criteria for an adoption assistance
difficulty of care rate as determined by the
Department.
5. Termination or modification of the adoption assistance
agreement may be requested by the adoptive parent or parents at any
time.
6. No payment may be made to adoptive parents if the Department
determines that the parents are no longer legally responsible for
the support of the child or that the child is no longer receiving
any financial support from such parents.
E. A child for whom an adoption assistance agreement has been
reached with the Department shall remain eligible and receive
adoption assistance benefits regardless of the domicile or residence
of the adopting parent or parents at any given time.
F. All records regarding adoption assistance shall be
confidential and may be disclosed only in accordance with the
provisions of the Oklahoma Adoption Code.
Added by Laws 1982, c. 200, § 5, eff. Oct. 1, 1982. Amended by Laws
1989, c. 45, § 1, emerg. eff. April 13, 1989. Renumbered from §
60.29 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
Amended by Laws 1998, c. 415, § 38, emerg. eff. June 11, 1998; Laws
2001, c. 434, § 11, emerg. eff. June 8, 2001; Laws 2002, c. 445, §
14, eff. Nov. 1, 2002; Laws 2004, c. 415, § 6, emerg. eff. June 4,
2004; Laws 2006, c. 258, § 7, emerg. eff. June 7, 2006; Laws 2010,
c. 324, § 2, emerg. eff. June 5, 2010.
NOTE: Laws 2001, c. 415, § 16 repealed by Laws 2002, c. 22, § 34,
emerg. eff. March 8, 2002.
§10-7510-1.6. Denial of assistance - Hearing.
An adoptive parent or parents whose application for adoption
assistance on behalf of a child has been denied by the Department of
Human Services may request an administrative hearing within thirty
(30) days of the date of the denial.
Added by Laws 1982, c. 200, § 6. Renumbered from § 60.30 of this
title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by
Laws 2002, c. 445, § 15, eff. Nov. 1, 2002.
Oklahoma Statutes - Title 10. Children
§10-7510-2.1. Department of Human Services to contract or join with
adoption exchange - Information to be provided - Definitions.
A. The Department of Human Services, as funds become available
for such purposes, shall contract with or join the Oklahoma
Children's Adoption Resources Exchange or any other instate or outof-state or national adoption exchange for purposes of increasing
and promoting the placement and adoption of children who are in the
custody of the Department of Human Services and in child-placing
agencies.
B. Upon contracting with or joining the Oklahoma Children's
Adoption Resources Exchange or any instate or out-of-state or
national adoption exchange, the Department and all child-placing
agencies shall be required to provide certain information to the
Oklahoma Children's Adoption Resource Exchange or any other instate,
out-of-state or national adoption exchange specified by the
Department.
C. For purposes of the Subsidized Adoption Act:
1. "Adoption exchange" shall include only those exchanges which
provide a monthly updated system, containing a photograph or
description of each child whose parental rights have been terminated
and is legally available for adoption; and
2. "Oklahoma Children's Adoption Resource Exchange" is a
private nonprofit corporation incorporated in this state whose
membership is composed of child-placing agencies which operates
under the direction of a board of directors selected in accordance
with the bylaws of the corporation.
Added by Laws 1983, c. 328, § 1, emerg. eff. June 28, 1983. Amended
by Laws 1996, c. 297, § 15, emerg. eff. June 10, 1996; Laws 1997, c.
366, § 49, eff. Nov. 1, 1997. Renumbered from § 60.31 of this title
by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws
1998, c. 415, § 39, emerg. eff. June 11, 1998.
§10-7510-2.2. Photograph and description of child to be provided to
exchange.
Pursuant to the provisions of Section 60.31 of this title, the
Department of Human Services and all child-placing agencies shall be
required to provide to the Oklahoma Children's Adoption Resource
Exchange or any other instate, out-of-state or national adoption
exchange specified by the Department, a recent photograph and
description of each child who is legally available for adoption and
for whom no adoptive home has been found. Requirements of this
section must be completed within ninety (90) days of the date a
child has become legally available for adoption or as otherwise
required by the adoption exchange.
Added by Laws 1983, c. 328, § 2, emerg. eff. June 28, 1983. Amended
by Laws 1996, c. 297, § 16, emerg. eff. June 10, 1996. Renumbered
Oklahoma Statutes - Title 10. Children
from § 60.32 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1,
1997.
§10-7510-2.3. Exemptions.
The following persons are exempt from the provisions of Sections
7510-2.1 through 7510-2.5 of this title:
1. Children age twelve (12) years or older who do not choose to
be adopted pursuant to the Oklahoma Adoption Act;
2. Children for whom permanent placement plans have been made
that do not include adoption; for example, permanent placement with
relatives or long-term foster care;
3. Children who, because of medical or psychological reasons as
determined by a licensed psychiatrist, psychologist or physician,
are not ready for adoption;
4. Children who are runaways and whose present location is
unknown; and
5. Children who are currently in an adoptive placement,
pursuant to Section 7505-6.3 of this title.
Added by Laws 1983, c. 328, § 3, emerg. eff. June 28, 1983. Amended
by Laws 1996, c. 297, § 17, emerg. eff. June 10, 1996. Renumbered
from § 60.33 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1,
1997. Amended by Laws 1998, c. 415, § 40, emerg. eff. June 11,
1998.
§10-7510-2.4. Change in status of child listed by exchange.
Any change in the status of a child listed by the Oklahoma
Children's Adoption Resource Exchange or any other instate, out-ofstate or national adoption exchange specified by the Department
shall be reported by the Department of Human Services or childplacing agency having legal custody of that child to the Oklahoma
Children's Adoption Resource Exchange or any other instate, out-ofstate or national adoption exchange specified by the Department.
The report shall be completed within twenty (20) working days after
the change occurs.
Added by Laws 1983, c. 328, § 4, emerg. eff. June 28, 1983. Amended
by Laws 1996, c. 297, § 18, emerg. eff. June 10, 1996. Renumbered
from § 60.34 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1,
1997.
§10-7510-2.5. Withdrawal of child from register.
A child registered with the Oklahoma Children's Adoption
Resource Exchange or any other instate, out-of-state or national
adoption exchange as legally adoptable shall be withdrawn from the
register when the exchange receives written notification from the
agency having legal custody that the child has been placed in an
adoptive home.
Oklahoma Statutes - Title 10. Children
Added by Laws 1983, c. 328, § 5, emerg. eff. June 28, 1983. Amended
by Laws 1996, c. 297, § 19, emerg. eff. June 10, 1996. Renumbered
from § 60.35 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1,
1997.
§10-7510-3.1. Short title.
This part may be known and may be cited as the "Compact on
Adoption and Medical Assistance".
Added by Laws 1986, c. 126, § 1, emerg. eff. April 11, 1986.
Amended by Laws 1997, c. 366, § 50, eff. Nov. 1, 1997. Renumbered
from § 61 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1,
1997.
§10-7510-3.2. Compact on Adoption and Medical Assistance.
This Compact on Adoption and Medical Assistance, hereinafter
called "the compact", is hereby enacted into law and entered into
with all other jurisdictions legally joining therein in the form
substantially as follows:
ARTICLE I. FINDINGS
The party states find that:
(1) In order to obtain adoptive families for children with
special needs, prospective adoptive parents must be assured of
substantial assistance (usually on a continuing basis) in meeting
the high costs of supporting and providing for the special needs and
services required by such children.
(2) The states have a fundamental interest in promoting
adoption for children with special needs because the care, emotional
stability and general support and encouragement required by such
children to surmount their physical, mental or emotional conditions
can be best, and often only, obtained in family homes with a normal
parent-child relationship.
(3) The states obtain advantages from providing adoption
assistance because the customary alternative is for the state to
defray the entire cost of meeting all the needs of such children.
(4) The special needs involved are for the emotional, physical
maintenance of the child, and medical support and services.
(5) The necessary assurance of adoption assistance for children
with special needs, in those instances where children and adoptive
parents are in states other than the one undertaking to provide the
assistance, is to establish and maintain suitable substantive
guarantees and workable procedures for interstate payments to assist
with the necessary child maintenance, procurement of services, and
medical assistance.
ARTICLE II. PURPOSES
The purposes of this compact are to:
(1) Strengthen protections for the interest of the children
with special needs on behalf of whom adoption assistance is
Oklahoma Statutes - Title 10. Children
committed to be paid, when such children are in or move to states
other than the one committed to make adoption assistance payments.
(2) Provide substantive assurances and procedures which will
promote the delivery of medical and other services on an interstate
basis to children through programs of adoption assistance
established by the laws of the party states.
ARTICLE III. DEFINITIONS
As used in this compact, unless the context clearly requires a
different construction:
(1) "Child with special needs" means a minor who has not yet
attained the age at which the state normally discontinues children's
services or twenty-one (21) years, where the state determines that
the child's mental or physical handicaps warrant the continuation of
assistance, for whom the state has determined the following:
(A) That the child cannot or should not be returned to the home
of his or her parents;
(B) That there exists with respect to the child a specific
factor or condition (such as his or her ethnic background, age, or
membership in a minority or sibling group, or the presence of
factors such as medical condition or physical, mental, or emotional
handicaps) because of which it is reasonable to conclude that such
child cannot be placed with adoptive parents without providing
adoption assistance.
(C) That, except where it would be against the best interests
of the child because of such factors as the existence of significant
emotional ties with prospective adoptive parents while in the care
of such parents as a foster child, a reasonable, but unsuccessful,
effort has been made to place the child with appropriate adoptive
parents without providing adoption assistance payments.
(2) "Adoption assistance" means the payment or payments for
maintenance of a child, which payment or payments are made or
committed to be made pursuant to the adoption assistance program
established by the laws of a party state.
(3) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, or a Territory or
Possession of the United States.
(4) "Adoption assistance state" means the state that is
signatory to an adoption assistance agreement in a particular case.
(5) "Residence state" means the state of which the child is a
resident by virtue of the residence of the adoptive parents.
(6) "Parents" means either the singular or plural of the word
"parent".
ARTICLE IV. ADOPTION ASSISTANCE
(1) Each state shall determine the amounts of adoption
assistance and other aid which it will give to children with special
needs and their adoptive parents in accordance with its own laws and
Oklahoma Statutes - Title 10. Children
programs. The adoption assistance and other aid may be made subject
to periodic re-evaluation of eligibility by the adoption assistance
state in accordance with its laws. The provisions of this article
and of Article V are subject to the limitation set forth in this
paragraph.
(2) The adoption assistance and medical assistance services and
benefits to which this compact applies are those provided to
children with special needs and their adoptive parents from the time
of the final decree of adoption or the interlocutory decree of
adoption, as the case may be, pursuant to the laws of the adoptive
assistance state. In addition to the content required by subsequent
provisions of this article for adoption assistance agreements, each
such agreement shall state whether the initial adoption assistance
period thereunder begins with the final or interlocutory decree of
adoption. Aid provided by party states to children with special
needs during the preadoptive placement period or earlier shall be
under the foster care or other programs of the states and, except as
provided in paragraph 3 of this article, shall not be governed by
the provisions of this compact.
(3) Every case of adoption assistance shall include an adoption
assistance agreement between the adoptive parents and the agency of
the state undertaking to provide the adoption assistance. Every such
agreement shall contain provisions for the fixing of actual or
potential interstate aspects of the adoption assistance, as follows:
(A) An express commitment that the adoption assistance shall be
payable without regard for the state of residence of the adoptive
parents, both at the outset of the agreement period and at all times
during its continuance.
(B) A provision setting forth with particularity the types of
child care and services toward which the adoption assistance state
will make payments.
(C) A commitment to make medical assistance available to the
child in accordance with Article V of this compact.
(D) An express declaration that the agreement is for the
benefit of the child, the adoptive parents and the state and that it
is enforceable by any or all of them.
(4) Any services or benefits provided by the residence state
and the adoption assistance state for a child may be facilitated by
the party states on each other's behalf. To this end, the personnel
of the child welfare agencies of the party states will assist each
other and beneficiaries of adoption assistance agreements with other
party states in implementing benefits expressly included in adoption
assistance agreements. However, it is recognized and agreed that in
general children to whom adoption assistance agreements apply are
eligible for benefits under the child welfare, education,
rehabilitation, mental health and other programs of their state of
residence on the same basis as other resident children.
Oklahoma Statutes - Title 10. Children
(5) Adoption assistance payments, when made on behalf of a
child who is subject to the jurisdiction of this state but residing
in another state, shall be made on the same basis and in the same
amounts as they would be made if the child were residing in this
state; provided, however, adoption assistance agreements with
families residing in other states signed before October 1, 2009, may
be continued.
(6) Effective July 1, 2010, for good cause shown, the Director
of the Department of Human Services or designee may approve adoption
assistance payments on behalf of a child subject to the jurisdiction
of this state but residing in another state, up to the maximum
foster care reimbursement allowable in the state of residence.
ARTICLE V. MEDICAL ASSISTANCE
(1) Children for whom a party state is committed in accordance
with the terms of an adoption assistance agreement to make adoption
assistance payments are eligible for medical assistance during the
entire period for which such payments are to be provided. Upon
application therefor by the adoptive parents of a child on whose
behalf a party state's duly constituted authorities have entered
into an adoption assistance agreement, the adoptive parents shall
receive a medical assistance identification made out in the child's
name. The identification shall be issued by the medical assistance
program of the residence state and shall entitle the child to the
same benefits, pursuant to the same procedures, as any other child
who is a resident of the state and covered by medical assistance,
whether or not the adoptive parents are eligible for medical
assistance.
(2) The identification shall bear no indication that an
adoption assistance agreement with another state is the basis for
issuance. However, if the identification is issued on account of an
outstanding adoption assistance agreement to which another state is
a signatory, the records of the issuing state and the adoption
assistance state shall show the fact, shall contain a copy of the
adoption assistance agreement and any amendment or replacement
therefor, and all other pertinent information. The adoption
assistance and medical assistance programs of the adoption
assistance state shall be notified of the identification issuance.
(3) A state which has issued a medical assistance
identification pursuant to this compact, which identification is
valid and currently in force, shall accept, process and pay medical
assistance claims thereon as on any other medical assistance
eligibilities of residents.
(4) An adoption assistance state which provides medical
services or benefits to children covered by its adoption assistance
agreements, which services or benefits are not provided for those
children under the medical assistance program of the residence
state, may enter into cooperative arrangements with the residence
Oklahoma Statutes - Title 10. Children
state to facilitate the delivery and administration of such services
and benefits. However, any such arrangements shall not be
inconsistent with this compact nor shall they relieve the residence
state of any obligation to provide medical assistance in accordance
with its laws and this compact.
(5) A child whose residence is changed from one party state to
another party state shall be eligible for medical assistance under
the medical assistance program of the new state of residence.
ARTICLE VI. JOINDER AND WITHDRAWAL
(1) This compact shall be open to joinder by any state. It
shall enter into force as to a state when its duly constituted and
empowered authority has executed it.
(2) In order that the provisions of this compact may be
accessible to and known by the general public and so that its status
as law in each of the party states may be fully implemented, the
full text of the compact, together with a notice of its execution,
shall be caused to be published by the authority which has executed
it in each party state. Copies of the compact shall be made
available upon request made of the executing authority in any state.
(3) Withdrawal from this compact shall be by written notice
sent by the authority which executed it to the appropriate officials
of all other party states, but no such notice shall take effect
until one (1) year after it is given in accordance with the
requirements of this paragraph.
(4) All adoption assistance agreements outstanding and to which
a party state is signatory at the time when its withdrawal from this
compact takes effect shall continue to have the effects given to
them pursuant to this compact, until they expire or are terminated
in accordance with their provisions. Until such expiration or
termination, all beneficiaries of the agreements involved shall
continue to have all rights and obligations conferred or imposed by
this compact and the withdrawing state shall continue to administer
the compact to the extent necessary to accord and implement fully
the rights and protections preserved thereby.
Added by Laws 1986, c. 126, § 2, emerg. eff. April 11, 1986.
Renumbered from § 62 of this title by Laws 1997, c. 366, § 59, eff.
Nov. 1, 1997. Amended by Laws 2010, c. 324, § 3, emerg. eff. June
5, 2010.
§10-7510-3.3. Administration of compact - Rules and regulations.
The Department of Human Services shall be the administrator of
the Compact on Adoption and Medical Assistance. The Oklahoma Public
Welfare Commission shall promulgate rules and regulations to
implement the terms and purposes of this compact.
Added by Laws 1986, c. 126, § 3, emerg. eff. April 11, 1986.
Renumbered from § 63 of this title by Laws 1997, c. 366, § 59, eff.
Nov. 1, 1997.
Oklahoma Statutes - Title 10. Children
§10-7511-1.1.
Repealed by Laws 1999, c. 59, § 2, eff. July 1, 1999.
§10-7511-1.2.
Repealed by Laws 1999, c. 59, § 2, eff. July 1, 1999.
§10-7511-1.3.
Repealed by Laws 1999, c. 59, § 2, eff. July 1, 1999.
§10-7511-1.4.
Repealed by Laws 1999, c. 59, § 2, eff. July 1, 1999.
§10-7511-1.5.
Repealed by Laws 1999, c. 59, § 2, eff. July 1, 1999.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 10-7221
What does Oklahoma Statutes § 10-7221 cover?
Section 10-7221 ("Renumbered as § 1-7-113 of Title 10A by Laws 2009, c") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 10-7221?
A common citation format is "Oklahoma Statutes § 10-7221" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 10-7221 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.