OKLAHOMA

 Any unmarried person who is at least 21 year of age, or a husband and wifejointly may adopt. A married person may adopt without the other spouse if theyare legally separated, if one spouse is a stepparent, or if the child is bornout of wedlock (in which case its unmarried mother or father may adopt).

Who Can Be Adopted?

 Any person can be adopted.

Consent to Adoption

 Written consent must be given by the following persons:

 (1) both natural parents;

 (2) both parents, if 16 years of age or older, of a child born out of wedlock.If the mother or father is younger than 16, her consent is sufficient ifaccompanied by the written consent of her legal guardian, or, if she has nolegal guardian, then the consent of her own parents;

 (3) the legal guardian or guardian ad litem of the adoptee;

 (4) the child-placing agency, if they have custody of the child, or anyoneelse having legal custody of the adoptee by court order; and

 (5) the adoptee, if 12 years of age or older.

 Consent is not required of the following:

 (1) a parent whose parental rights have been terminated;

 (2) a parent who, for 12 months immediately preceding the filing of thepetition for adoption of the child, has willfully failed, refused, or neglectedto contribute to the support of the child; or

 (3) the father or putative father of a child born out of wedlock if

 he knows of the child's birth and fails to acknowledge paternity or to takeaction to establish paternity or to exercise parental rights or duties over thechild, including failure to contribute to support of the mother duringpregnancy,

 he fails to prove that he is the father of the child, or if so proved hefails to prove that he has exercised parental rights and duties toward thechild,

 he waives his right to notice of the hearing, or

 he fails to appear at the hearing;

 (4) a parent who is entitled to custody of a child and has abandoned thechild;

 (5) a parent of a child who is deprived, if condition caused or contributed toby parent and parent has failed to show condition corrected in 3 months orlonger if judge determines it is in best interest of the child;

 (6) a parent of a child who is deprived if:

 the parent has been sentenced to a period of incarceration of 10 years ormore;

 the continuation of parental rights would result in harm to the child basedon consideration of the duration of the incarceration and its effects on theparent child relationship.

 (7) a parent who has a mental illness which renders parent incapable ofadequately and appropriately exercising parental duties and responsibilitiesand

 continuation of parental rights would result in harm or threatened harm tothe child; and

 the mental illness is such that it will not respond to treatment ormedication and will not substantially improve.

 Withdrawal of consent is not permitted, except if the court finds it to be inthe best interest of the child and only if the withdrawal is submitted inwriting not later than 30 days after the consent was given.

Confidentiality

 All adoption hearings shall be confidential and held in closed court. Allrecords are withheld from inspection except upon a court order. The Departmentof Human Services, any certified adoption agency, or any licensed child-placingagency may release the child's, biological parents', and grandparents' medicalinformation to the adoptive parents or the child if over 18. No person incharge of adoption records can disclose the names of the biological parentsunless ordered by the court.

Permissible Fees

 A written report shall be attached to the petition for adoption or filed withthe court which discloses all costs, or monies expended by the adoptive familyin connection with the adoption. This includes the cost of the adoption agencyfees, home study fees, physician fees, attorney fees, living expenses andmedical costs paid for the birth mother and child.

Place of Adoption Hearing

 The adoption hearing must take place in the court in the county where theadoptive parents or child to be adopted lives.

Authority To Place Child

 Any person, authority, or agency legally empowered to place children foradoption is authorized to place the child.

Relative Adoption

 The home investigation and 6-month waiting period (between issuing of theinterlocutory and final decrees) may be waived in the case of stepparent andrelative adoption.

Advertisements

 It is a crime to advertise to place a child for adoption as an inducement toany woman to enter an institution or home or other place for maternity care orfor the delivery of a child.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Oklahoma Bar Association
P.O. Box 53036
Oklahoma City, OK 73152
(405) 524-2365

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