Oklahoma § 21-866 - Elements of offense

§ 21-866. Elements of offense

A. 1. The crime of trafficking in children is defined to

consist of any of the following acts or any part thereof:

a.

the acceptance, solicitation, offer, payment or

transfer of any compensation, in money, property or

other thing of value, at any time, by any person in

connection with the acquisition or transfer of the

legal or physical custody or adoption of a minor

child, except as ordered by the court or except as

otherwise provided by Section 7505-3.2 of Title 10 of

the Oklahoma Statutes,

b.

the acceptance or solicitation of any compensation, in

money, property or other thing of value, by any person

or organization for services performed, rendered or

Oklahoma Statutes - Title 21. Crimes and Punishments

c.

d.

e.

f.

purported to be performed to facilitate or assist in

the adoption or foster care placement of a minor

child, except by the Department of Human Services, a

child-placing agency licensed in Oklahoma pursuant to

the Oklahoma Child Care Facilities Licensing Act, or

an attorney authorized to practice law in Oklahoma.

The provisions of this paragraph shall not prohibit an

attorney licensed to practice law in another state or

an out-of-state licensed child-placing agency from

receiving compensation when working with an attorney

licensed in this state who is, or when working with a

child-placing agency licensed in this state which is,

providing adoption services or other services

necessary for placing a child in an adoptive

arrangement,

bringing or causing to be brought into this state or

sending or causing to be sent outside this state any

child for the purpose of placing such child in a

foster home or for the adoption thereof and thereafter

refusing to comply upon request with the Interstate

Compact on the Placement of Children. Provided,

however, that this provision shall have no application

to the parent or guardian of the child nor to a person

bringing said child into this state for the purpose of

adopting the child into such person's own family,

the solicitation or receipt of any money or any other

thing of value for expenses related to the placement

of a child for the purpose of an adoption by the birth

parent of the child who at the time of the

solicitation or receipt had no intent to consent to

eventual adoption,

the solicitation or receipt of any money or any other

thing of value for expenses related to the placement

of a child for adoption by a woman who knows she is

not pregnant but who holds herself out to be pregnant

and offers to place a child upon birth for adoption,

(1) the receipt of any money or any other thing of

value for expenses related to the placement of a

child for adoption by a birth parent, childplacing agency or attorney who receives, from one

or more parties, any money or any other thing of

value without disclosing to each prospective

adoptive parent, child-placing agency, and

attorney the receipt of any money or any other

thing of value immediately upon receipt,

(2) the solicitation or receipt of any money or any

other thing of value by a birth parent, an

Oklahoma Statutes - Title 21. Crimes and Punishments

g.

h.

2.

a.

b.

attorney or child-placing agency for expenses

related to the placement of a child for the

purpose of adoption from more than one

prospective adoptive family for the adoption of

one child. A birth parent, child-placing agency

or attorney shall not represent that a child is,

or will be, available for adoption to more than

one prospective adoptive family at one time,

advertising of services for compensation to assist

with or effect the placement of a child for adoption

or for care in a foster home by any person or

organization except by the Department of Human

Services, or a child-placing agency licensed in this

state. Nothing in this paragraph shall prohibit an

attorney authorized to practice law in Oklahoma from

the advertisement of legal services related to the

adoption of children, and

advertisements for and solicitation of a woman who is

pregnant to induce her to place her child upon birth

for adoption, except by a child-placing agency

licensed in this state or an attorney authorized to

practice law in Oklahoma. Nothing in this section

shall prohibit a person from advertising to solicit a

pregnant woman to consider adoptive placement with the

person or to locate a child for an adoptive placement

into the person's own home, provided that such person

has received a favorable preplacement home study

recommendation in accordance with Section 7505-5.1 of

Title 10 of the Oklahoma Statutes, which shall be

verified by the signed written statement of the person

or agency which performed the home study, and provided

that no money or other thing of value is offered as

part of such an inducement except as ordered by the

court or except as otherwise provided by Section 75053.2 of Title 10 of the Oklahoma Statutes.

Except as otherwise provided by this section, the

violation of any of the subparagraphs in paragraph 1

of this subsection shall constitute a Class B2 felony

offense and shall be punishable by imprisonment of up

to ten (10) years or a fine of up to Ten Thousand

Dollars ($10,000.00) per violation or both such fine

and imprisonment.

Prospective adoptive parents who violate subparagraph

a of paragraph 1 of this subsection, upon conviction

thereof, shall be guilty of a misdemeanor and may be

punished by a fine not to exceed Five Thousand Dollars

($5,000.00) per violation.

Oklahoma Statutes - Title 21. Crimes and Punishments

B. 1. No person shall knowingly publish for circulation within

the borders of the State of Oklahoma an advertisement of any kind in

any print, broadcast or electronic medium, including, but not

limited to, newspapers, magazines, telephone directories, handbills,

radio or television, which violates subparagraph g or h of paragraph

1 of subsection A of this section.

2. Any person violating the provisions of this subsection

shall, upon conviction thereof, be guilty of a misdemeanor and shall

be punished by a fine not to exceed Five Thousand Dollars

($5,000.00) per violation.

C. The payment or acceptance of costs and expenses listed in

Section 7505-3.2 of Title 10 of the Oklahoma Statutes shall not be a

violation of this section as long as the petitioner or birth parent

has complied with the applicable procedure specified in Section

7505-3.2 of Title 10 of the Oklahoma Statutes and such costs and

expenses are approved by the court.

D. Any person knowingly failing to file an affidavit of all

adoption costs and expenses before the final decree of adoption as

required by Sections 7505-3.2 and 7505-6.2 of Title 10 of the

Oklahoma Statutes shall be guilty of a misdemeanor.

Added by Laws 1957, p. 164, §2. Amended by Laws 1965, c. 166, § 1,

emerg. eff. June 2, 1965; Laws 1985, c. 309, § 1, eff. Nov. 1, 1985;

Laws 1987, c. 226, § 10, operative July 1, 1987; Laws 1997, c. 366,

§ 57, eff. Nov. 1, 1997; Laws 1998, c. 415, § 41, emerg. eff. June

11, 1998; Laws 2006, c. 253, § 3, eff. July 1, 2006; Laws 2009, c.

107, § 4, eff. Nov. 1, 2009; Laws 2011, c. 371, § 9, eff. Nov. 1,

2011; Laws 2025, c. 486, § 71, eff. Jan. 1, 2026.