A. 1. An affidavit shall be attached to the petition for adoption, or may be filed after the filing of the petition for adoption, but prior to the final decree of adoption, which discloses to the court all of the costs, funds, or monies expended by the adoptive family or expected to be expended in connection with the adoption of a minor.
2. No final decree of adoption shall be entered until the court is satisfied that all costs and expenses have been disclosed, are reasonable, and that the costs and expenses do not violate the provisions of subsection B of this section. Upon its review of the affidavit of monies expended, the court shall in writing disapprove any expenditure that the court deems unreasonable or in violation of Sections 865 through 870 of Title 21 of the Oklahoma Statutes and, to the extent necessary to comply with Oklahoma law, shall order reimbursement of any consideration given in violation of Sections 865 through 870 of Title 21 of the Oklahoma Statutes. Payments made pursuant to this section shall not be a violation of Sections 865 through 870 of Title 21 of the Oklahoma Statutes. Court approval of the affidavit of monies expended shall not exempt a person, attorney or licensed child-placing agency from prosecution if the information provided to the court is fraudulent or false.
B. 1. Except as otherwise specifically provided by law, the following list of adoption-related costs and expenses specified in this paragraph may be deemed proper items for a person to pay in connection with an adoption:
2. In addition, all expenses approved by the court should be commensurate with other customary fees for similar services by persons of equivalent experience and training where the services are performed. Any services provided outside this state shall be allowed in an amount as if the services had been performed within the State of Oklahoma.
3. The provisions of this subsection shall apply to living and transportation expenses incurred after the biological mother of the minor contacts the child-placing agency or attorney for adoption services.
4. The provisions of this subsection shall not prohibit a court from extending any time period, or including any additional costs and expenses in connection with an adoption other than those specified in this subsection based on unusual circumstances or need. If additional costs and expenses in connection with an adoption are approved by the court, the court shall specify in writing the unusual circumstances that justify the approval.
5. Except as otherwise ordered by the court except for good cause shown, all payments made pursuant to this section shall be paid directly to the third-party provider of services or goods. Any living expense paid on behalf of a birth mother in a domestic adoption which is not supported by an itemized receipt shall not be allowed for payment. If gift cards are issued to pay expenses, an itemized receipt verifying purchases shall be required for approval by the court. The accounting shall include vouchers for all monies expended, copies of all checks written and receipts for all cash payments attesting to the accuracy of the accounting.
6. No person, attorney or licensed child-placing agency shall have a financial interest in a third-party provider of services or goods, without disclosing in an affidavit the financial interest to the court and the other parties to the adoption.
C. Any person, attorney, or licensed child-placing agency desiring to pay living and transportation expenses on behalf of a birth mother is authorized to expend an initial amount not to exceed One Thousand Dollars ($1,000.00) plus deposits for housing and utilities for such costs and expenses without first obtaining court approval as required by paragraph 1 of subsection D of this section. Any such costs and expenses shall be disclosed as is otherwise required by the Oklahoma Adoption Code.
D. 1. Except for the amount authorized by subsection C of this section, the payment of any living or transportation expenses for benefit of the birth mother as authorized in subparagraph e of paragraph 1 of subsection B of this section shall be approved in advance by the court.
2. The person, attorney, or licensed child-placing agency desiring to pay living or transportation expenses on behalf of a birth mother which exceed the amount in subsection C of this section shall file a petition for an order approving payment of adoption-related expenses.
3. The petition for an order approving payment of adoption-related expenses shall be filed in the district court where the adoption petition is to be filed, as provided in Section 7502-1.2 of this title.
4. The petition shall be captioned: "In the matter of Baby (name)." The petition shall include a listing of all anticipated living or transportation expenses to be paid on behalf of the birth mother for which court approval is being sought. If additional expenditures not previously authorized by the court are needed on behalf of the birth mother, an amended petition may be filed with the court.
5. The petition shall be heard by the court within ten (10) days of filing. The court clerk shall charge the same cost for a petition for payment of expenses as is charged for the filing of an adoption petition. In the event an adoption petition is later filed in the same county, the adoption petition shall be filed as an amended petition within the same case in which payment for expenses was approved and no additional court costs shall be required. In the event a petition for preadoption termination of parental rights is later filed in the same county, the court clerk shall not assess an additional filing fee and may use the same case number as for the petition for adoption.
6. Any order authorizing payment shall be attached to a petition for adoption. If no adoption petition is filed, the court shall retain jurisdiction to enter any orders deemed appropriate regarding the reimbursement of costs and expenses paid. If the child is placed for adoption outside the State of Oklahoma, any such order shall be submitted to the Interstate Compact of the Placement of Children and to the court in the other state where the petition for adoption is to be filed.
E. 1. In addition to the adoptive family affidavit requirement of subsection A of this section, a Disclosure Statement of Adoption-related Costs and Expenditures shall be prepared in writing by the person, attorney or child-placing agency in a direct-placement adoption. The Disclosure Statement of Adoption-related Costs and Expenditures shall include a declaration of all fees, expenses, and costs charged or expected to be charged for the adoption including, but not limited to, the following:
2. The Disclosure Statement of Adoption-related Costs and Expenditures containing true and accurate information shall be filed before or when the final decree of adoption is ordered in each adoption of a minor in this state. A statutory Disclosure Statement of Adoption-related Costs and Expenditures is provided in Section 2 of this act. A copy of the statement shall be a public record to be compiled and maintained by the court clerk and available for public inspection; provided, that any information identifying the person, attorney or child-placing agency in the direct adoption shall be redacted from the document prior to filing with the court clerk and shall not be made public. In addition, the identity of the child, the adoptive parents, and the birth parents shall be redacted from the document prior to filing with the court clerk and shall not be made public.
Added by Laws 1997, c. 366, § 25, eff. Nov. 1, 1997. Amended by Laws 1999, c. 396, § 17, emerg. eff. June 10, 1999; Laws 2005, c. 57, § 2, eff. Nov. 1, 2005; Laws 2009, c. 107, § 3, eff. Nov. 1, 2009; Laws 2009, c. 288, § 2, eff. Nov. 1, 2009; Laws 2011, c. 371, § 5, eff. Nov. 1, 2011; Laws 2016, c. 74, § 1, eff. Nov. 1, 2016.
Structure Oklahoma Statutes
§10-6.5. Use of certain words in reference to children born out of wedlock prohibited.
§10-21.10. Child assessment in voluntary out-of-home placement.
§10-22.1. Legislative findings and intent – Foster care by grandparents or other relative.
§10-40.1. Purpose - Policy of state.
§10-40.3. Application of act - Exemptions - Determination of Indian status.
§10-40.4. Indian child custody proceedings – Notice.
§10-40.5. Emergency removal of Indian child from parent or custodian - Order.
§10-40.6. Placement preference.
§10-40.8. Payment of foster care expenses under certain circumstances.
§10-90.4. Children born out of wedlock - Change of name.
§10-91. Authority of district courts.
§10-92. Procedure to confer rights of majority - Petition - Jurisdiction and venue - Decree.
§10-93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.
§10-114.6. Rehabilitation of juvenile offenders through court supervised work projects.
§10-116b. Duties of probation officer - Investigations.
§10-116c. Assistant probation officer - Salary.
§10-116d. Construction of act.
§10-116e. Salary of probation officer.
§10-116f. Secretaries to probation officer - Duties - Salary.
§10-116g. Salaries in counties of over 200,000.
§10-133. Board of general supervision - Appointments - Salaries and removal of appointees.
§10-136. Visits by parents, guardians and near relatives.
§10-151. Control vested in local boards of education.
§10-152. Reports of number of children requiring school facilities.
§10-153. Inclusion of cost of education in school districts' budgets.
§10-154. School superintendents' reports of children attending schools.
§10-170.2. Emergency treatment.
§10-175.1. Legislative intent and purpose.
§10-175.4. Commission as agent of the state.
§10-175.5. Rules and regulations.
§10-175.7. Powers of Commission.
§10-175.8. Fund - State Treasurer.
§10-175.9. Homes - Right to enter.
§10-175.10. Applications for crippled children's services.
§10-175.12. Oklahoma Children's Hospital.
§10-175.20. Day treatment programs - Definition - Required programs and policies.
§10-361. Santa Claus Commission - Creation - Membership - Christmas presents.
§10-363. Claims - Approval and payment.
§10-401. Purpose and policy of law - Minimum standards.
§10-403. Exemptions from application of act.
§10-404. Minimum requirements and desirable standards.
§10-404.2. Demarion’s Law – Short title.
§10-404.3. Demarion's Law - Mandatory liability insurance for facilities
§10-405. Necessity and issuance of license – Temporary authorization.
§10-405.2. Online child care database.
§10-405.3. Online Restricted Registry.
§10-405.5. Continuation of license upon inheritance or purchase of a facility.
§10-406. Investigations - Notice of violation – Confidentiality – Anonymous complaint system.
§10-406.1. Indian tribe-operated child care facility - Inspection agreement.
§10-407. Revocation of license or refusal to issue or renew - Emergency action - Citation.
§10-410. Violations - Punishment.
§10-410.1. Quality of Care Development Fund.
§10-411. Certificate of immunization as condition for admission to day care facility - Waiver.
§10-412. Manner and frequency of immunizations - Enforcement of act.
§10-414. Administration of immunizations - Persons eligible - Indigent persons.
§10-415. Child with reportable contagious disease to be excluded from day care facility.
§10-418. Authority to obtain evidence - Administration of oaths.
§10-420. Child Care Center Bill of Rights.
§10-452. Transfer of property, contracts and funds.
§10-454. Powers and duties of Commission and Director.
§10-455. Laws not inconsistent to remain in effect.
§10-553. Persons authorized - Consent.
§10-554. Legal status of child or children born as result of heterologous oocyte donation.
§10-556. Human embryo transfer and donation – Consents – Legal rights, obligations or interests.
§10-557. Short title - Oklahoma Gestational Agreement Act.
§10-557.3. Gestational agreement – Legal contract.
§10-557.4. Gestational carrier - Qualifications.
§10-557.5. Necessary parties to agreement - Requirements.
§10-557.6. Agreement requirements - Validation.
§10-557.7. Validated agreement required prior to transfer of gametes or embryos.
§10-557.8. Limited enforceability of an unvalidated agreement.
§10-557.9. Procedure to obtain court validation.
§10-557.11. Rights of child – Parent-child relationship.
§10-557.12. Notice of birth to be filed with court – Court order.
§10-557.13. Amendments to agreement must be validated.
§10-557.14. Termination of agreement.
§10-557.15. Proceedings governed by Code of Civil Procedure - Confidentiality.
§10-557.16. Venue and jurisdiction.
§10-557.17. Compensation to gestational carrier.
§10-557.18. Donors may be parties to the agreement.
§10-557.19. Gametes or embryos of the gestational carrier or gestational spouse.
§10-557.20. Parents to be listed on certificate of birth.
§10-557.21. Death of intended parent prior to birth of child – Testamentary and inheritance rights.
§10-557.22. Marriage or divorce of a gestational carrier.
§10-557.23. Laboratory or clinical error.
§10-557.24. Breach of agreement.
§10-557.25. Application with other laws.
§10-577. Enactment of compact - Text.
§10-601.1. Oklahoma Commission on Children and Youth - Creation - Membership.
§10-601.3. Oklahoma Commission on Children and Youth - Duties.
§10-601.4. Additional duties and responsibilities of Commission.
§10-601.5. Director - Powers and duties.
§10-601.6. Office of Juvenile System Oversight - Powers, duties and authority.
§10-601.6a. Office of Planning and Coordination for Services to Children and Youth - Duties.
§10-601.10. Oklahoma Commission on Children and Youth Revolving Fund.
§10-601.12. Community partnership plan for children and youth services.
§10-601.14. Children's Endowment Fund of Oklahoma.
§10-601.20. Children of Incarcerated Parents Task Force.
§10-601.30. Board of Child Abuse Examination - Membership - Officers - Meetings - Quorum.
§10-601.62. Legislative intent.
§10-601.64. Duties of the Oklahoma Commission on Children and Youth.
§10-601.65. Proposed submission procedures and criteria.
§10-601.67. Children with Disabilities Comprehensive Systems of Services Revolving Fund.
§10-601.68. Not-for-profit foundation.
§10-601.69. Curriculum for abuse-prevention instructional programs.
§10-601.80. Short title - Family Support Accountability Act - Definitions.
§10-601.81. Home visiting programs – Requirements – Objectives – Annual report.
§10-603.1. Short title - Purpose - Implementation.
§10-603.4. Day treatment program standards.
§10-620.1. Purpose of act - Release and transfer of information.
§10-620.2. Appointment of task force - Membership - Duties.
§10-620.3. Agencies to promulgate uniform rules and procedures.
§10-620.4. Contents of rules and procedures.
§10-620.5. Transfer and release of confidential information - Adoption of procedures.
§10-620.6. Guidelines and forms for inspection, release, disclosure, etc. of records.
§10-640.1. Oklahoma Partnership for School Readiness Board.
§10-640.2. Powers and responsibilities of Board.
§10-640.3. School readiness foundation.
§10-700. Delegation of powers regarding child care and custody.
§10-701. Statutory form for power of attorney to delegate parental or legal custodian powers.
§10-1116.2. Postadjudication review boards.
§10-1116.3. Advisory status of review boards - Duties and responsibilities.
§10-1116.4. Disclosure of certain information prohibited - Exceptions.
§10-1116.6. Postadjudication Review Advisory Board.
§10-1150.2a. Production of documents - Subpoena.
§10-1150.6. Child maltreatment medical review.
§10-1409. Transfer of powers and duties.
§10-1410. Personal properties - Contracts and leases - Unexpended funds.
§10-1411.1. Developmental Disabilities Services Division - Periodic reports.
§10-1411.2. Developmental Disabilities Services Division waiting list - Voucher waiver program.
§10-1414. Admission of individuals with intellectual disability - Applications - Release.
§10-1414.1. Greer Center Facility - Admission guidelines and procedures.
§10-1416. Liability for care and treatment.
§10-1417. Clinics - Outpatient facilities - Day care centers.
§10-1418. Powers and duties of Commission for Rehabilitation Services – Local education agencies.
§10-1419. Administration - Personnel - Retirement system.
§10-1420. Transfer of property, records, funds, etc.
§10-1421. Purchase of school busses.
§10-1423. Program for care and treatment of children - Federal matching funds.
§10-1424. Department as next friend of institutionalized persons - Procuring appoint of guardian.
§10-1425. Authorization to operate facilities.
§10-1430.3. Department - Powers and duties.
§10-1430.4. Group Homes for Persons with Developmental or Physical Disabilities Advisory Board.
§10-1430.6. Standing to bring action - Jurisdiction.
§10-1430.7. Group home as nuisance - Actions - Request for investigation - Complaint.
§10-1430.9. Penalties and liabilities for certain violations.
§10-1430.10a. Revocation or denial of or refusal to renew license – Notice – Protest - Emergency.
§10-1430.11. Standards for group homes.
§10-1430.12. Fire safety inspections - Reports.
§10-1430.13. Information subject to disclosure to public.
§10-1430.15. Nontransferability of license - Transfer of operation of group home.
§10-1430.17. Conditional license.
§10-1430.18. Documents to be made available to residents, employees and visitors.
§10-1430.19. Documents and records to be available for public inspection.
§10-1430.22. Resident's contract.
§10-1430.23. Protection of resident's funds.
§10-1430.24. Access to group homes.
§10-1430.25. Involuntary transfer or discharge of resident.
§10-1430.27. Inspection, investigation, survey or evaluation of group home.
§10-1430.32. Violations - Penalties.
§10-1430.33. Notice of voluntary closing - Alternative placement of residents.
§10-1430.34. Appointment of monitor or receiver.
§10-1430.35. Emergencies - Investigations - Hearing.
§10-1430.36. Appointment of receiver.
§10-1430.37. Expenses of receiver - Insufficient funds - Compensation of receiver.
§10-1430.38. Liability of receiver - Bond.
§10-1430.39. Conditional license for provider in receivership.
§10-1430.40. Termination of receivership.
§10-1430.41. Rights, obligations and liability during receivership.
§10-1501. Various references deemed to be references to District Court or judge thereof.
§10-1505a. Assistant juvenile officer in certain counties.
§10-1628. Missing child 16 and under - Investigation of disappearance.
§10-1631. Fingerprinting minors and identification card.
§10-1632. Intent of legislature.
§10-1633. School district fingerprinting programs.
§10-7007-1.8. Purposes - Report.
§10-7007-1.9. Task Force on Reactive Attachment Disorder in Children – Membership - Duties.
§10-7501-1.1. Short title - Composition of Code.
§10-7501-1.2. Purpose of Code.
§10-7502-1.4. Foreign adoptions.
§10-7503-1.1. Eligibility to adopt.
§10-7503-1.2. Written adoption full-disclosure statement - Signatures.
§10-7503-2.1. Who may consent.
§10-7503-2.2. When consent may be given.
§10-7503-2.3. Permanent relinquishments.
§10-7503-2.4. Contents of consent to adoption.
§10-7503-2.6. Extrajudicial consent.
§10-7503-2.7. Setting aside permanent relinquishment or consent to adoption.
§10-7503-3.1. Notice of plan for adoption.
§10-7503-3.2. Notice of filing of paternity action by putative father.
§10-7503-4.1. Temporary orders of custody.
§10-7504-1.1. Medical and social history report.
§10-7505-1.1. Confidential character of hearings and records – Release - Exceptions - Misdemeanor.
§10-7505-1.2. Appointment of attorney and guardian ad litem.
§10-7505-1.3. Court clerk or deputy may affix signature of judge to order and notice of hearing.
§10-7505-1.4. Priority on docket - Proceedings to be expedited.
§10-7505-1.5. Visitation agreements between child, adoptive parents and birth relative.
§10-7505-2.1. Preadoption termination of parental rights.
§10-7505-3.2. Costs, funds or monies expended by adoptive family – Disclosure statement.
§10-7505-3.3. Disclosure Statement of Adoption-related Costs and Expenditures.
§10-7505-4.1. Application - Notice - Hearing - Order - Appeal.
§10-7505-4.2. Exceptions to requirement of parental consent.
§10-7505-4.3. Inquiry to identify unknown or putative father.
§10-7505-5.2. Subsequent home study - Waiver.
§10-7505-5.3. Contents of home study.
§10-7505-5.4. Persons or agencies authorized to conduct home studies.
§10-7505-6.1. Interlocutory decree.
§10-7505-6.2. Filings required prior to final hearing.
§10-7505-6.4. Denial of petition for adoption.
§10-7505-6.5. Effect of final decree - Grandparental rights.
§10-7505-8.1. Adoption dissolution statistics to be published.
§10-7506-1.1. Paternity registry.
§10-7507-1.1. Adult adoptions.
§10-7508-1.1. Records retention.
§10-7508-1.2. Mutual Consent Voluntary Registry.
§10-7508-1.3. Confidential intermediary search program.
§10-7509-1.1. Conditions for discharges of infants from medical facilities.
§10-7509-1.2. Confidential index of birth and adoptive names.
§10-7509-1.3. Invalidation or revocation of final decree of adoption.
§10-7510-1.4. Eligibility for adoption assistance - Factors for determination.
§10-7510-1.6. Denial of assistance - Hearing.
§10-7510-2.2. Photograph and description of child to be provided to exchange.
§10-7510-2.4. Change in status of child listed by exchange.
§10-7510-2.5. Withdrawal of child from register.
§10-7510-3.2. Compact on Adoption and Medical Assistance.
§10-7510-3.3. Administration of compact - Rules and regulations.
§10-7603. Renumbered as § 2203 of Title 27A by Laws 2006, c. 226, § 6, emerg. eff. June 6, 2006.
§10-7700-103. Scope of act – Choice of law – Jurisdiction of district and administrative courts.
§10-7700-201. Establishment of parent-child relationship.
§10-7700-202. Equal rights of marital and nonmarital children.
§10-7700-203. Application of established parent-child relationship.
§10-7700-204. Presumption of paternity.
§10-7700-301. Voluntary acknowledgment of paternity.
§10-7700-302. Requirements of acknowledgment – Void and voidable acknowledgment.
§10-7700-303. Denial of paternity - Validity.
§10-7700-304. Execution of acknowledgment and denial – Effective date – Execution by minors.
§10-7700-305. Effect of acknowledgment or denial.
§10-7700-307. Rescission of acknowledgment or denial.
§10-7700-308. Proceeding to challenge acknowledgment – Commencement – Burden of proof.
§10-7700-309. Proceeding to challenge acknowledgment or denial – Procedure.
§10-7700-310. Ratification of unchallenged acknowledgment prohibited.
§10-7700-311. Full faith and credit.
§10-7700-313. Release of copies of acknowledgment or denial of paternity.
§10-7700-501. Scope of article.
§10-7700-502. Order for genetic testing – Order for in utero testing not allowed.
§10-7700-503. Requirements of testing – Objection to calculation - Retesting.
§10-7700-504. Report of testing – Chain of custody.
§10-7700-505. Identification of father - Rebuttal.
§10-7700-506. Payment of costs of testing.
§10-7700-507. Advance payment for additional testing.
§10-7700-509. Testing of deceased individual.
§10-7700-510. Testing of identical brother – Use of nongenetic evidence.
§10-7700-511. Release of genetic test report.
§10-7700-601. Proceeding authorized.
§10-7700-602. Standing to maintain proceeding.
§10-7700-603. Parties to proceeding.
§10-7700-604. Personal jurisdiction.
§10-7700-607. Two-year limitation in proceedings with presumed father - Exception.
§10-7700-608. Motion for genetic testing.
§10-7700-609. Limitation in proceeding with acknowledged or adjudicated father.
§10-7700-610. Joinder of proceedings.
§10-7700-611. Proceeding before birth of child.
§10-7700-612. Child as party to proceeding – Guardian ad litem.
§10-7700-621. Admissibility of genetic-testing results - Testimony of experts - Medical bills.
§10-7700-622. Enforcement of order for genetic testing - Default.
§10-7700-623. Admission of paternity.
§10-7700-624. Temporary order for support.
§10-7700-631. Rules for adjudication of paternity.
§10-7700-632. Jury prohibited.
§10-7700-633. Closure of proceeding – Inspection of records.
§10-7700-634. Order on default.
§10-7700-635. Dismissal for want of prosecution.
§10-7700-637. Binding effect of determination of parentage.
§10-7700-901. Uniformity of application and construction.