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§10-7501-1.2, 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 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and strengthen the integrity and finality of adoptions by limiting the time and circumstances for a consent to be withdrawn or a challenge to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 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.
§10-7501-1.3.
§10-7501-1.3, As used in the Oklahoma Adoption Code:
1. "Adoptee" means an individual who is adopted or is to be adopted;
2. "Adult" means an individual who has attained eighteen (18) years of age;
3. "Minor" means any person who has not attained the age of eighteen (18) years;
4. "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;
5. "Contested proceeding" means any proceeding pursuant to the Oklahoma Adoption Code in which an interested party enters an appearance to contest
the petition;
6. "Department" means the Department of Human Services;
7. "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;
8. "Guardian" means an individual, other than a parent, appointed by a court to be the guardian of the person of a minor;
9. "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;
10. "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 child-placing 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;
11. "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;
12. "State" means any state, territory, or possession of the United States, the commonwealth of Puerto Rico, and the District of Columbia; and
13. "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.
§10-7502-1.1, A. Except as otherwise provided in this section, a court of this state has jurisdiction over proceedings to terminate parental rights
and proceedings for the adoption of a minor commenced pursuant to the Oklahoma Adoption Code if:
1. a. Immediately preceding commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent, or another
person acting as parent, for at least six (6)
consecutive months, excluding periods of temporary absence,
b. In the case of a minor under six (6) months of age, the minor lived in this state from soon after birth with any of those individuals listed in subparagraph
a of this paragraph and there is available in this state substantial evidence concerning the minor's present or future care, or
c. A child is born in this state and the mother of the child executes her consent or permanent relinquishment before a judge of a court of this state;
2. Immediately preceding commencement of the proceeding, the prospective adoptive parent lived in this state for at least six (6) consecutive months, excluding
periods of temporary absence, and there is available in this state substantial evidence concerning the minor's present or future care;
3. The child-placing agency that placed the minor for adoption is located in this state and it is in the best interest of the minor that a court of this
state, assume jurisdiction because:
a. the minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this state, and
b. there is available in this state substantial evidence concerning the minor's present or future care;
4. The minor and the prospective adoptive parent are physically present in this state, and the minor has been abandoned or it is necessary in an emergency
to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected; or
5. It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraphs 1 through 4 of this subsection,
or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the
minor, and it is in the best interest of the minor that a court of this state assume jurisdiction, B. 1. If a child is born in this state and the mother
of the child executes her consent or permanent relinquishment before a judge of a court of this state, a court of this state may exercise jurisdiction over
a proceeding for the termination of parental rights of a putative father pursuant to Section 7505-2.1 of this title, 2. If a parent has signed a permanent
relinquishment in the presence of a court of this state pursuant to Section 7503-2.3 of this title, the court may exercise jurisdiction to issue an order
terminating the parental rights of the parent to the child pursuant to Section 7503-2.3 of this title, 3. A court of this state may exercise jurisdiction
to issue a temporary order of custody pursuant to Section 7503-4.1 of this title for:
a. a minor born in this state, or
b. a minor brought into this state in compliance with the Interstate Compact on the Placement of Children, if the court is exercising jurisdiction pursuant
to this section over an adoption proceeding concerning the minor that is pending before the court, 4. If the court does not have jurisdiction over an adoption
proceeding pursuant to subsection A of this section, any order issued pursuant to this subsection shall include a finding by the court that states that
the court is declining jurisdiction over the adoption proceeding and is deferring jurisdiction to the more appropriate state, C. Except as otherwise provided
by this section, a court of this state shall not exercise jurisdiction over a proceeding for adoption of a minor or for termination of parental rights brought
pursuant to Section 7505-2.1 or 7505-4.1 of this title if, at the time the petition for adoption or termination is filed, a proceeding concerning the custody
or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction
Act, the Uniform Child Custody Jurisdiction and Enforcement Act or the Oklahoma Adoption Code, unless the proceeding is stayed by the court of the other
state because this state is a more appropriate forum or for another reason, D. If a court of another state has issued a decree or order concerning the custody
of a minor who may be the subject of a proceeding for adoption or for termination of parental rights brought pursuant to Section 7505-2.1 or 7505-4.1 of
this title in this state, a court of this state shall not exercise jurisdiction over a proceeding for adoption or termination of parental rights of the
minor unless:
1. The court of this state finds that the court of the state which issued the decree or order:
a. does not have continuing jurisdiction to modify the decree or order under the law of the state which issued the decree or order or has declined to assume
jurisdiction to modify the decree or order, or
b. does not have jurisdiction over a proceeding for adoption substantially in conformity with paragraphs 1 through 4 of subsection A of this section or
has declined to assume jurisdiction over a proceeding for adoption; and
2. The court of this state has jurisdiction pursuant to this section over the proceeding for adoption or termination of parental rights,
§10-7502-1.2, Proceedings for adoption may be brought in the district court in the county where the petitioners or the child to be adopted reside,
§10-7502-1.3, 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
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,
§10-7502-1.4.
§10-7502-1.4, 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, B. A minor born outside of the United States 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, C. 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, D. A proceeding to adopt or readopt a minor born outside of the United
States 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 decree of adoption or 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 9 of this act prior to the granting of the decree of adoption; and
3. In a proceeding to readopt a minor previously adopted by a petitioner in a foreign country, the court may waive the issuance of an interlocutory decree
of adoption and the waiting period of six (6) months provided in Sections 33 and 35 of this act, 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
b. a postplacement report has been submitted to the court,
§10-7503-1.1, 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,
§10-7503-2.1, 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 7505-4.2 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 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 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, §10-7503-2.2,
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, §10-7503-2.3, 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;
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 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 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, §10-7503-2.4, 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:
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. 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, 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 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, §10-7503-2.5, 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 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, §10-7503-2.6, A. A putative father
at least eighteen (18) 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, 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;
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 putative father 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, §10-7503-2.7, 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,
§10-7503-3.1, 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 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 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
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 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, §10-7503-3.2.
§10-7503-3.2, 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 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.
§10-7503-4.1, 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, 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, 10-7504-1.1,
A. 1. Except as otherwise provided by the Oklahoma Adoption Code, before placing a minor for adoption, the Department 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, B. 1. The Department of Health shall prescribe the form
to be used to record the medical history of the minor and the minor's biological relatives. The Department of Health shall furnish the forms to any child-placing
agency, to the Department of Human Services 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,
(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, 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 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, §10-7504-1.2, 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, 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 19 of this act, 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 19 of this act 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 permanent record of the adoption, pursuant to Section 19 of this act. 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 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 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, §10-7505-1.1, 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 18, 38, 45 and 46 of this act or upon order of a court
of record for good cause shown, C. Upon application 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, D. The provisions of this section shall not prohibit
persons employed by the court, the Department of Human Services, a child-placing 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,
§10-7505-1.2, 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, 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, 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 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, §10-7505-1.3, 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,
10-7505-1.4, 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,
§10-7505-2.1, A. 1. Prior to the filing of a petition for adoption, an agency, attorney, or prospective adoptive parent to whom a mother has permanently
relinquished a minor born out of wedlock may file a petition for the termination of the parental rights of a putative father 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, 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 the putative father 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 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 of his 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 parental rights and the transfer of the minor's care, custody or guardianship
or in the minor's adoption, 3. If the identity or whereabouts of a putative father is unknown, the court must determine whether the 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 permanently relinquishing mother 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. 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 may waive
his right to notice pursuant to this section. The waiver signed by the putative father shall include a statement affirming that the putative father signing
the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such putative father pursuant to the provisions
of this section and Section 7505-4.2 of this title. a putative 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 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 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 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,
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,
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 biological mother 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,
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,
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 if he fails to appear at the hearing
on the petition to terminate his parental rights or if he has waived notice pursuant to paragraph 4 of subsection B of this section, 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 appellant's designation of record shall
be filed in the trial court within ten (10) days after the date of the judgment. 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, 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, 3. 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. appellee'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. 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 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 shall not terminate the duty of the putative father whose rights have been terminated to support
the child unless the court determines he is not the biological father. The duty of a putative father to support his minor child shall not be terminated
until such time as a final decree of adoption has been entered,
§10-7505-3.1.
§10-7505-3.1, A. A petition for adoption shall be verified by the petitioner, and shall specify:
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 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, 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,
§10-7505-3.2, 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 869 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 869 of Title 21 of the Oklahoma Statutes. Payments made pursuant to this section shall not be a violation of Sections 865
through 869 of Title 21 of the Oklahoma Statutes, 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-placement agency,
e. in cases of extraordinary need, reasonable expenses for necessities of the birth mother that are incurred during or as a result of the pregnancy, not
to exceed two (2) months from placement of the minor,
f. reasonable costs for travel or transportation of the birth mother or minor as same is incurred for medical or adoption placement needs,
g. reasonable expenses for a home study, and
h. reasonable expenses legally required by any governmental entity related to the adoption of a minor, 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, 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, C. Any person desiring to pay costs and expenses to or on behalf of a birth parent is authorized to expend an initial amount not to exceed Five
Hundred Dollars ($500.00) 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 subparagraphs e and f of paragraph
1 of subsection B of this title 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 adoption-related expenses, 3. The petition for an order approving payment of adoption-related expenses may be filed in the district court where
the birth mother resides, in the county where the petitioner, attorney, or child-placing agency is located, or in the county where the adoption petition
is to be filed, 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,
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 of Children and to the court in the other state where the petition for adoption
is to be filed,
§10-7505-4.1, 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 adoption without the consent of a parent, pursuant to Section 7505-4.2 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, 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 7505-4.2 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 7505-4.2 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
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, 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,
§10-7505-4.2, 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, 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 attempt to discover
if he had fathered a minor or made sufficient attempt 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, 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. Consent to adoption is not required from a parent who willfully fails
to maintain a significant relationship with a minor through visitation or communication 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, 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 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 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 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, §10-7505-4.3, 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
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 7505-2.1 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,
§10-7505-5.1, 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 court may waive the requirement of a preplacement home study for good cause
shown, but a person who is the subject of a waiver must be evaluated during the pendency of a proceeding for adoption, C. 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, but a home study of the relative is required
during the pendency of a proceeding for adoption, D. 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 pornography, 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,
E. 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, §10-7505-5.2, A. If a preplacement home study
is waived by the court for good cause shown or is not required by Section 29 of this act, 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 of either of the petitioners or of the spouse of the petitioner, then the court 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 31 of this act, if the court
makes the following findings:
1. That waiver of the home study requirement is in the best interest of the child;
2. That the parent of the child and the stepparent of the child 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; and
3. That the stepparent 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 stepparent, In all other adoptions, including
foster, relative, and stepparent adoptions, a home study and report shall be made pursuant to this section or Section 29 of this act,
§10-7505-5.3, 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 registry 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 the 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 files maintained for review by authorized entities
by the Department of Human Services pursuant to the Oklahoma Child Abuse Reporting and Prevention Act, b. 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 ten (10) years prior to the home study or home study update, a national
fingerprint-based criminal background check shall be performed in addition to the state criminal background check and child abuse registry check, c. 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, including but not limited
to signing a release of information allowing the release of the results of any search to the agency or person conducting the home study or home study update,
d. Upon completion of the criminal record checks and child abuse checks, the Department of Human Services and the Oklahoma State Bureau of Investigation
shall forward all information obtained to the agency or other person authorized in Section 7505-5.4 of this title to conduct home study investigations who
has requested the background searches, 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 registry 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 by the home study investigator,
then a name-based search of the records of the Oklahoma State Bureau of Investigation on the adoptive parents and other household residents over the age
of eighteen (18) 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 Immigration and Naturalization Service, 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 files maintained for review by authorized entities
by the Department of Human Services pursuant to the Oklahoma Child Abuse Reporting and Prevention Act, 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 b of paragraph 4 of subsection A of this section, 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 7505-5.4 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,
§10-7505-5.4, 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;
4. A person designated by the court 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
e. is a member of the clergy with two (2) years of experience in family counseling; or
5. A person who is supervised by a person described in paragraph 4 of this subsection, and who meets one of the following qualifications:
a. a bachelor's degree in social work, or
b. a bachelor's degree in behavioral or social science and one (1)
year of experience in children's or family services, B. Persons satisfying the qualifications listed in paragraphs 4 and 5
of subsection A of this section shall attend and satisfactorily complete at least once every three (3) years a minimum of a three-hour course in home study
preparation and adoption trends taught by a licensed child-placing agency, by the Department of Human Services, 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, §10-7505-6.1, 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,
§10-7505-6.2, 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 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. A copy of any agreement with a public agency to provide a subsidy for the benefit of a minor with a special need;
7. 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;
8. The name and address, if known, of any person who is entitled to receive notice of the proceeding for adoption;
9. The affidavit of expenditures;
10. 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;
11. Affidavits of nondisclosure, if any, signed by a biological parent;
12. A copy of the state criminal background check, 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 files maintained for review by authorized entities
by the Department of Human Services pursuant to the Oklahoma Child Abuse Reporting and Prevention Act; and
13. Any such other document or information required by the 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,
§10-7505-6.3, 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 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 pornography, 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, §10-7505-6.4, 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.
§10-7505-6.5, 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, 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,
§10-7505-6.6, 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, 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,
§10-7505-7.1, 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 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, §10-7505-7.2, 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,
§10-7506-1.1, 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:
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;
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 7505-2.1 or paragraph 3 of subsection C of
Section 7505-4.1 of this title, 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, §10-7506-1.2, 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.
§10-7507-1.1, 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 entered which shall have the legal consequences stated in Section 37 of this act,
§10-7508-1.1, A. All records of any adoption finalized in this state shall be maintained for twenty-two (22) 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, §10-7508-1.2,
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;
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 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,
§10-7508-1.3, 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 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 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;
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 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 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, §10-7509-1.1, 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, 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,
§10-7509-1.2, 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,
§10-7510-1.2, As used in the Subsidized Adoption Act:
"Child" means a minor who is:
1. In the court-ordered custody of a public or licensed private nonprofit child-placing agency or federally recognized Indian tribe, as defined by the federal
Indian Child Welfare Act;
2. Legally free for adoption; and
3. In special circumstances because the child is not likely to be adopted by reason of one or more of the following conditions:
a. physical or mental disability,
b. emotional disturbance,
c. recognized high risk of physical or mental disease,
d. age,
e. sibling relationship,
f. racial or ethnic factors, or
g. any combination of these conditions, §10-7510-1.3, A. The Department of Human Services shall establish and administer an ongoing program of subsidized
adoption. Subsidies and services for children who are in the permanent custody of the Department of Human Services under this program shall be provided
out of funds appropriated to the Department of Human Services for the maintenance of children in foster care or made available to it from other sources,
B. Children who are in the court-ordered custody of a licensed private nonprofit child-placing agency or federally recognized Indian tribe, as defined by
the federal Indian Child Welfare Act, shall receive subsidies and services from funds appropriated by the Legislature,
§10-7510-1.4, A. Whenever significant emotional ties have been established between a child and his foster parent or parents, and the foster parent
or parents seek to adopt the child, the child may be certified as eligible for an adoption maintenance subsidy conditioned upon adoption of the child under
applicable adoption procedures by the foster parent or parents, B. In all other cases, after reasonable efforts have been made and no appropriate adoptive
family without the use of subsidy has been found for a child, the Department of Human Services shall certify the child as eligible for a subsidy in the
event of adoption, C. If the child is in the court-ordered custody of a child-placing agency or federally recognized Indian tribe as defined by the federal
Indian Child Welfare Act, that agency or tribe shall present to the Department of Human Services:
1. Evidence of significant emotional ties between the child and the foster parent or parents of the child; or
2. Evidence of inability to place the child for adoption due to any of the conditions specified in Section 7510-1.2 of this title. The agency or tribe shall
present evidence that reasonable efforts have been made to place the child without subsidy, such as recruitment of a potential parent or parents, use of
adoption resource exchanges, referral to appropriate specialized adoption agencies and efforts to place the child in a Department of Human Services nonsubsidy
adoptive home, §10-7510-1.5, A. When a parent or parents are found and approved for adoption of a child certified as eligible for subsidy, and before
the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of
Human Services. Adoption subsidies in individual cases may commence with the adoption placement or at the appropriate time after the adoption decree, and
shall be based on the needs of the child as well as the availability of other resources to meet the child's needs. The subsidy may be for special services
only, or for money payments, and either for a limited period, or for a long term, or for any combination of the foregoing. The amount of the time-limited
or long-term subsidy may in no case exceed that which would be allowable from time to time for such child under foster family care, or, in the case of a
special service, the reasonable fee for the service rendered, B. When a child is determined to have a causative, preexisting condition which was not identified
or known prior to the legal adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization,
or institutionalization, an adoption subsidy may be approved. Upon the approval of the subsidy, the adoptive parents shall also be entitled to receive retroactive
subsidy payments for the two (2) months prior to the date such subsidy was approved, C. Any child who met the requirements of the provisions of Section
7510-1.2 of this title, and was determined eligible for Oklahoma adoption assistance payments 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 child's adoptive parents
have died, shall be eligible for Oklahoma adoption assistance payments with respect to any subsequent adoption, D. When subsidies are for more than one
(1) year, the adoptive parent or parents shall present an annual sworn certification that the adopted child remains under their care and that the conditions
that caused the child to be certified continue to exist. The adoptive parent or parents shall at all times keep the Department of Human Services informed
of circumstances which would make them ineligible for such assistance payments or eligible for assistance payments in a different amount. The Department
of Human Services is authorized and directed to make a review of each subsidy annually to assure that the parents are fulfilling their contract obligations.
No payment may be made to any parents with respect to any child who has attained the age of eighteen (18) years, except where the state determines that
the child has a physical or mental handicap which warrants the continuation of assistance until the child reaches the age of twenty-one (21) years. Termination
or modification of the subsidy agreement may be requested by the adoptive parent or parents at any time. 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 support
from such parents, E. A child who is a resident of this state when eligibility for subsidy is certified shall remain eligible and receive subsidy, if necessary
for adoption, regardless of the domicile or residence of the adopting parent or parents at the time of application for adoption, placement, legal decree
of adoption or thereafter, F. All records regarding subsidized adoption shall be confidential and may be disclosed only in accordance with the provisions
of the Oklahoma Adoption Code,
§10-7510-1.6, Any subsidy decision by the Department of Human Services, which the placement agency or the adoptive parent or parents deem adverse
to the child, shall be reviewable before a Subsidized Adoption Review Committee established by the Department of Human Services. The committee shall consist
of five (5) members with two of the members being representatives of private, nonprofit child-placing agencies not party to the appeal,
§10-7510-2.1, 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 out-of-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, §10-7510-2.2,
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,
§10-7510-2.3, 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,
§10-7510-2.4, Any change in the status of a child listed by the Oklahoma Children's Adoption Resource Exchange or any other instate, out-of-state
or national adoption exchange specified by the Department shall be reported by the Department of Human Services or child-placing agency having legal custody
of that child to the Oklahoma Children's Adoption Resource Exchange or any other instate, out-of-state or national adoption exchange specified by the Department.
The report shall be completed within twenty (20) working days after the change occurs, §10-7510-2.5, 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,
§10-7510-3.2, 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 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 parents; (B) That there exists with respect to the child a specific factor or condition
(such as his 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 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, (5) Adoption assistance payments,
when made on behalf of a child in another state shall be made on the same basis and in the same amounts as they would be made if the child were in the state
making the payments, 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 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, §10-7510-3.3,
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.
( OKLAHOMA Part 2 )