Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Oklahoma may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Oklahoma child adoption law including such topics as advertising, adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Ann. Stat. Tit. 21, § 866(A)(1)(g)-(h)
The crime of trafficking in children includes:
Advertising of services for compensation to assist with the placement of a child for adoption by any person or organization except by the department or a licensed child-placing agency
Advertisements for and solicitation of a woman who is pregnant to induce her to place her child upon birth for adoption, except by a licensed child-placing agency or an attorney
Nothing in this section shall prohibit an attorney from the advertisement of legal services related to the adoption of children. Nothing in this section shall prohibit a person from advertising to solicit
a pregnant woman to consider adoptive placement with the person or to locate a child for an adoptive placement into the person’s own home, provided that such person has received a favorable preplacement
home study recommendation in accordance with § 7505-5.1 of Title 10, and that no money or other thing of value is offered as an inducement to the adoption.
Use of Intermediaries/Facilitators
Citation: Ann. Stat. Tit. 21, § 866(A)(1)(a)-(c)
The crime of trafficking in children includes:
The acceptance, solicitation, offer, payment, or transfer of any compensation, in money, property, or other thing of value, at any time, by any person in connection with the adoption of a minor child,
except as ordered by the court or as provided by law
The acceptance or solicitation of any compensation by any person or organization for services performed, rendered, or purported to be performed to facilitate or assist in the adoption of a minor child,
except by the department, a licensed child-placing agency, or an attorney
Bringing or causing to be brought into the State any child for the purpose of placing such child for adoption and thereafter refusing to comply upon request with the Interstate Compact on the Placement
of Children (ICPC)
The ICPC does not apply to the parent or guardian of the child nor to a person bringing the child into the State for adopting the child into such person's own family.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Tit. 10, § 7505-3.2(B)
Reasonable attorney's fees and court costs
Medical expenses
Reasonable counseling expenses
In cases of extraordinary need, reasonable expenses for necessities for the birth mother that are incurred as a result of the pregnancy
Reasonable travel and transportation costs
An initial payment of $500 is allowed before obtaining court approval.
Birth Parent Expenses Not Allowed
Citation: Tit. 10, § 7505-3.2(B)
Payments to the birth mother beyond 2 months after placement of the child
Payments for counseling beyond 6 months after placement of the child
Payments deemed unreasonable by the court
Allowable Payments for Arranging Adoption
Citation: Tit. 21, § 866
Acceptance of any compensation by any person or organization, except for the department or a licensed agency, for services performed to facilitate the adoption of a minor child is a felony.
Allowable Payments for Relinquishing Child
Citation: Tit. 21, § 866
The offer or payment of any compensation for adoption of a minor child is a felony.
Accounting of Expenses Required by Court
Citation: Tit. 10, § 7505-3.2(A)
An affidavit shall be attached to the petition or filed later, but prior to the final decree, that discloses to the court all costs expended or expected to be expended by the adoptive family.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Ann. Stat. Title 10, § 7503-2.1
Written consent to adoption or a permanent relinquishment for adoption must be executed by:
Both parents
One parent alone, if:
The other parent is dead.
The parental rights of the other parent have been terminated.
The consent of the other parent is otherwise not required pursuant to § 7505-4.2.
The legal guardian 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
The executive head of a licensed child-placing agency, if the minor has been permanently relinquished to such agency
Any person having legal custody of a minor by court order
A parent of a minor born in wedlock or a parent who is age 16 or older shall be deemed capable of giving consent to the adoption of a minor.
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. Title 10, § 7503-2.1
If a minor to be adopted is age 12 or older, he or she must consent 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.
When Parental Consent is not Needed
Citation: Ann. Stat. Title 10, § 7505-4.2
Consent to adoption is not required from a putative father who fails to prove he is the father of the child or fails to exercise parental rights and duties toward the child.
Consent to adoption is not required from a parent who:
For 12 consecutive months has willfully failed, refused, or neglected to contribute to the support of such minor
Is entitled to custody of a minor and has abandoned the minor
Fails to establish and/or maintain a substantial and positive relationship with the minor for 12 consecutive months
Has been convicted of physically or sexually abusing the minor or a sibling of the minor or failed to protect the minor or a sibling of the minor from physical or sexual abuse that resulted in severe harm
or injury
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
Has been sentenced to a period of incarceration of not less than 10 years and the continuation of parental rights would result in harm to the minor
Has a mental illness or mental deficiency that renders the parent incapable of adequately and appropriately exercising parental rights, duties, and responsibilities
Has permanently relinquished parental rights and responsibilities to the minor
Has had his or her parental relationship to a minor legally terminated or legally determined not to exist
Has voluntarily placed a minor child in the care of a licensed childcare institution or child-placing agency, if the minor has remained in out-of-home care for 18 months or more, and the parent has willfully
failed to substantially comply for 12 consecutive months out of the 14-month period immediately preceding the filing of the petition for adoption with a reasonable written plan of care
When Consent Can Be Executed
Citation: Ann. Stat. Title 10, §§ 7503-2.2; 7503-2.3
Consent may be given as follows:
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.
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.
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.
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.
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.
A minor age 12 or older whose consent is required may execute a consent to adoption at any time at or before the hearing on the petition for adoption.
Revocation of Consent
Citation: Ann. Stat. Title 10, §§ 7503-2.7; 7503-2.6
Except as otherwise provided below, a consent to adoption shall be irrevocable.
The court shall set aside a 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:
By a preponderance of the evidence, that without good cause shown, a petition to adopt was not filed within 9 months after the minor was placed for adoption
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
By clear and convincing evidence, before a decree of adoption is issued, or within 3 months of the discovery of the fraud, whichever is later, that the consent was obtained by fraud or duress
An extrajudicial consent shall be revocable for any reason for 15 calendar days after the execution of the consent before the notary public.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: Tit. 10, § 7503-3.1(I)
Before or after the child's birth, the putative father may receive a Notice of Plan for Adoption (formal notice that the mother is considering adoption).
He must complete the enclosed preaddressed form within 30 days from the date that the Plan for Adoption was served.
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