Sections of Oklahoma Statutes dealing with adoption and family law. Please go to
The Oklahoma Bar Association's
page for the full Family Code
§10-57.
§10-57.
A. Except as otherwise provided by this section, all records of
proceedings in adoption cases and all papers and books relating to
such proceedings, shall be kept in a separate confidential file in
the court clerks vault by the court clerk, and shall not be open to
inspection or copy except upon order of a court of record for good
cause shown.
B. 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, restrict the purposes for which
it shall be used.
C. No person in charge of adoption records in the district court
shall disclose the names of the natural or adoptive parents of a
child unless ordered to do so by a court of record.
D. 1. The Department of Human Services, any certified adoption
agency or any licensed child-placing agency having custody of a child
who is legally available for adoption is authorized to release the
medical history, available to the Department or such agency, of the
child, of the natural parents of the child and of the grandparents of
the child to prospective parents of the adoptive child.
2. The release of any medical history of the natural parents of
the child or the natural grandparents of the child shall be released
in such a way that no person can be identified.
3. The medical history may include the information received
pursuant to Section 60.5A of this title or any other medical
information or records regarding the child obtained by the Department
or agency during the custody of the child.
E. Any person in charge of adoption records who discloses any
information pertaining to an adoption proceeding, contrary to the
provisions of this section, shall be guilty of a misdemeanor.
§10-60.5.
§10-60.5.
Unless consent is not required by Section 60.6 of this title, an
adoption of a child may be decreed when there has been filed written
consent to adoption executed by:
1. Both parents, if living, or the surviving parent if one
parent be deceased. Consent shall not be required from one whose
parental rights have been judicially terminated.
If the child is born out of wedlock, its parents, if sixteen (16)
years of age or older, shall be deemed capable of giving consent.
If the mother or father be below the age of sixteen (16), consent
to the adoption shall be deemed sufficient if given by such mother or
father before a judge of the district court, in writing, and if
accompanied by the written consent of the legal guardian of the
person of such parent. If such underage mother or father has no such
guardian, the consent shall be accompanied by the written consent of
his or her parents, but if one parent be deceased or the parents be
divorced, then the written consent of the parent having the custody
shall be deemed sufficient; if both parents of the underage mother or
father be deceased, then the written consent of the person having his
or her physical custody shall be deemed sufficient. If in any case
consent cannot be secured from the person, other than the underage
mother or father, authorized herein to give consent, notice by
mailing shall be given by the court, unless notice is waived by
personal appearance, to such person or persons authorized herein to
give consent, directing such 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 adoption should not be granted without
that person's consent. If such person shall not appear to contest
the adoption or if the court should find that consent of such person
is unreasonably withheld, the adoption may be granted without the
consent of that person; or
2. The legal guardian of the person of the child or the guardian
ad litem of the child if both parents are dead, or if the rights of
the parents have been terminated by judicial proceedings, and such
guardian or guardian ad litem has authority by order of the court
appointing him to consent to the adoption; or
3. The executive head of an agency if both parents are dead, or
if the child has been relinquished for adoption to such agency, or if
the rights of the parents have been judicially terminated and custody
of the child has been legally vested in such agency with authority to
consent to adoption of the child; or
4. Any person having legal custody of a child by court order if
the parental rights of the parents have been judicially terminated,
but in such case the court having jurisdiction of the custody of the
child must consent to adoption, and a certified copy of its order
shall be attached to the petition.
The consent required by paragraphs 1, 2 and 3 of this section,
including the consent required by the parent, guardian or party
having physical custody as required for mothers or fathers under
sixteen (16) in paragraph 1 of this section, shall be acknowledged
before a judge of the district court or the judge of any specially
created court having jurisdiction in adoption proceedings. Provided,
that when the person whose consent is necessary does not reside in
the county having jurisdiction of the adoption proceedings such
person may execute such consent before a district judge of this state
or probate judge or judge having adoption jurisdiction of any other
state of the county of his residence. Provided, further, that when
such consent for adoption is necessary for children in 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 child
by the family whose application for adoption has been approved by the
Department of Human Services. This provision shall apply to consents
heretofore given as well as to those given after the approval of this
act; or
5. In the event the person having the legal custody or the
parents of a child desired to be adopted in this state reside in a
country or place other than the United States of America, the consent
of such person to the adoption may be obtained by a written
instrument signed by such person and acknowledged before an officer
of the legal subdivision of government of the place of his, her or
their residence who is authorized to administer oaths under the laws
of such country or place; or, when the party seeking to give such
consent is a member of the United States Armed Services stationed in
a country or place other than the United States, then such consent
may be acknowledged before an officer of the Judge Advocate General's
Office or other legal officer possessing the authority to administer
oaths. Where consent is so obtained, it shall not be necessary for
such person to appear before the district court having jurisdiction
of the adoption proceedings. If the written instrument containing
such consent is written in any language other than the English
language, the person adopting the child must have it translated into
the English language by a person qualified so to do, and must file
the original instrument together with the translation with the court,
and the translation must be sworn to as being a true and correct
translation by the translator.
§10-60.5A.
§10-60.5A.
A. Any person required to consent to the adoption of a child
pursuant to the provisions of Section 60.5 of this title shall
complete a medical history form containing, as far as is
ascertainable, the medical history of the child to be adopted, the
medical history of the natural parents of the child, and the medical
history of the natural grandparents of the child.
Specifically, the form shall only contain information concerning:
1. The child, which shall include:
a. any medical or psychological evaluations, and
b. diseases, illnesses, accidents, allergies, and
congenital defects; and
2. Parents of the child, which shall include:
a. allergies, diseases, and illnesses, including but not
limited to diabetes, high blood pressure, alcoholism,
heart disease, venereal disease, and epilepsy, and
b. drugs taken and consumption of alcohol during the
pregnancy of the mother; and
3. Grandparents of the child, which shall include allergies,
diseases, and illnesses including but not limited to high blood
pressure, diabetes, heart disease, and epilepsy.
B. A copy of the medical history form shall be attached to the
consent for adoption, or may be filed after the filing of the
petition with the consent of the court.
C. Such medical history form shall be released by the court upon
request of and to the Department of Human Services, any certified
adoption agency or licensed child-placing agency having custody of a
child who is legally available for adoption, prospective adoptive
parents, adoptive parents, or the child if over eighteen (18) years
of age.
D. Any medical information authorized to be released pursuant to
this section and Section 60.17 of this title shall be released in
such a way that no person except the child can be identified.
§10-60.6.
§10-60.6.
A child under eighteen (18) years of age cannot be adopted
without the consent of its parents, if living, except that consent is
not required from:
1. A parent whose parental rights have been terminated pursuant
to the provisions of Sections 1130, 1131 or 29.1 of this title; or
2. A parent who, for a period of twelve (12) months immediately
preceding the filing of a petition for adoption of a child, has
willfully failed, refused, or neglected to contribute to the support
of such child:
a. in substantial compliance with a support provision
contained in a decree of divorce, or a decree of
separate maintenance or an order adjudicating
responsibility to support in a reciprocal enforcement
of support proceeding, paternity action, juvenile
proceeding, guardianship proceeding, or orders of
modification to such decree, or other lawful orders of
support entered by a court of competent jurisdiction
adjudicating the duty, amount, and manner of support,
or
b. according to such parent's financial ability to
contribute to such child's support if no provision for
support is provided in a decree of divorce or an order
of modification subsequent thereto; or and where any of
the above conditions exist it shall not be necessary to
terminate parental rights under Section 1130 of this
title prior to the adoption of said child. Provided
that any decree of adoption heretofore entered by any
court of appropriate jurisdiction within the State of
Oklahoma wherein termination of parental rights, as
prescribed in Section 1130 of this title, was not
obtained shall not be invalid on the ground that such
termination of parental rights was not obtained.
The incarceration of a parent shall not prevent termination of
parental rights under this section; or
3. The father or putative father of a child born out of wedlock
if:
a. prior to the hearing provided for in Section 29.1 of
this title, and having actual knowledge of the birth or
impending birth of the child believed to be his child,
he fails to acknowledge paternity of the child or to
take any action to legally establish his claim to
paternity of the child or to exercise parental rights
or duties over the child, including 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
b. at the hearing provided for in Section 29.1 of this
title:
(1) he fails to prove that he is the father of the
child, or
(2) having established paternity, he fails to prove
that he has exercised parental rights and duties
toward the child unless he proves that prior to
the receipt of notice he had been specifically
denied knowledge of the child or denied the
opportunity to exercise parental rights and duties
toward the child. As used in this subparagraph,
specific denial of knowledge of the child or
denial of the opportunity to exercise parental
rights and duties toward the child shall not
include those instances where the father or
putative father fails to prove to the satisfaction
of the court that he made a sufficient attempt to
discover if he had fathered the child or to
exercise parental rights and duties toward the
child prior to the receipt of notice, or
c. he waives in writing his right to notice of the hearing
provided for in Section 29.1 of this title, or
d. he fails to appear at the hearing provided for in
Section 29.1 of this title if all notice requirements
continued in or pursuant to Section 1131 of this title
have been met.
A determination that the consent of the father or putative father
of a child born out of wedlock to the adoption of the child is not
required shall not, by itself, act to relieve such father or putative
father of his obligation to provide for the support of the child as
otherwise required by law; or
4. A parent who is entitled to custody of a child and has
abandoned the child; or
5. A parent of a child who is deprived, as defined by Section
1101 of this title, if:
a. such condition is caused by or contributed to by acts
or omissions of his parent, and
b. the parent has failed to show that the condition which
led to the making of said finding has not been
corrected although the parent has been given three (3)
months to correct the condition; provided, that the
parent shall be given notice of any hearing to
determine if the condition has been corrected. The
court may extend the time in which such parent may show
the condition has been corrected, if, in the judgment
of the court, such extension of time would be in the
best interest of the child. During the period that the
parent has to correct the condition the court may
return the child to the custody of its parent or
guardian, subject to any conditions which it may wish
to impose or the court may place the child with an
individual or an agency; or
6. A parent who has been convicted in a criminal action pursuant
to the provisions of Sections 843, 845, 1021.3, 1111 and 1123 of
Title 21 of the Oklahoma Statutes or who has either:
a. physically or sexually abused the child or a sibling of
such child or failed to protect the child or a sibling
of such child from physical or sexual abuse that is
heinous or shocking to the court or that the child or
sibling of such child has suffered severe harm or
injury as a result of such physical or sexual abuse, or
b. physically or sexually abused the child or a sibling of
such child or failed to protect the child or a sibling
of such child from physical or sexual abuse subsequent
to a previous finding that such parent has physically
or sexually abused the child or a sibling of such child
or failed to protect the child or a sibling of such
child from physical or sexual abuse; or
7. A parent who has been convicted in a criminal action of
having caused the death of a sibling of the child as a result of the
physical or sexual abuse or chronic neglect of such sibling; or
8. A parent of a child who is deprived, as defined by Section
1101 of this title, if:
a. the parent has been sentenced to a period of
incarceration of not less than ten (10) years, and
b. the continuation of parental rights would result in
harm to the child 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 child; the evidence of
abuse or neglect of the child or siblings of the child
by the parent; and the current relationship between the
parent and the child and the manner in which the parent
has exercised parental rights and duties in the past;
or
9. A parent of a child who is deprived, as defined by Section
1101 of this title, if:
a. the parent 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, and
b. the continuation of parental rights would result in
harm or threatened harm to the child, and
c. 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.
§10-60.12.
§10-60.12.
A. A petition for adoption shall be filed in duplicate, verified
by the petitioners, and shall specify:
1. The full names, ages and places of residence of the
petitioners and, if married, the place and date of the marriage;
2. When the petitioners acquired or intend to acquire custody of
the child and from what person or agency;
3. The date and place of birth of the child and sex and race;
4. The name used for the child in the proceeding and, if a
change in name is desired, the new name;
5. That it is the desire of the petitioners that the
relationship of parent and child be established between them and the
child;
6. A full description and statement of value of all property
owned or possessed by the child, if any; and
7. Facts, if any, which excuse consent on the part of the
parents, or either of them, to the adoption.
B. Any written consent required by this Act may be attached to
the petition, or may be filed, after the filing of the petition, with
the consent of the court.
C. A written report shall be attached to the petition, or may be
filed after the filing of the petition, but prior to the final decree
of adoption, with the consent of the court, 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
the child. Said disclosure shall include the costs of adoption
agency fees, home study fees, physician fees, attorney fees, living
expenses and medical costs paid for birth mother and child. No final
decree of adoption shall be entered until the court is satisfied that
all costs and expenses have been disclosed, and that the costs and
expenses do not violate the provisions of and are allowable expenses
pursuant to Sections 865 through 869 of Title 21 of the Oklahoma
Statutes.
<
§10-60.13.
§10-60.13.
A. Upon the filing of a petition for adoption, the court shall
order or receive a home study and report to be made by:
1. The agency having custody or legal guardianship of the child;
or
2. The State Department of Human Services; or
3. A licensed child-placing agency or certified adoption agency;
or
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. The court shall order that a report of such home study be
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 home study, unless time therefor is
extended by the court.
C. 1. The home study shall include an appropriate inquiry to
determine whether the proposed home is a suitable one for the child;
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. The home study shall consist of 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. The home study shall also include verification that the home
is a healthy, safe environment in which to raise a child, as well as
verification of marital status, employment, income, access to medical
care, physical health and history, and a criminal background check.
D. A supplemental report including a determination as to the
legal availability or status of the child for adoption shall be filed
prior to the final adoption petition.
E. 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.
F. The report of such home study 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.
G. Provided, that if the child petitioned to be adopted shall be
the natural or adopted child of either of the petitioners then no
investigation shall be made.
H. The Department of Human Services shall not be required to
make a home study and report to the court on adoptive placements made
by private adoption agencies or persons providing private adoption
services.
§10-60.17.
§10-60.17.
A. Unless otherwise ordered by the court, all hearings held in
proceedings pursuant to the Uniform Adoption Act 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 and records including the original medical history
forms pertaining to the adoption shall be kept as a permanent record
of the court and withheld from inspection except as otherwise
provided by this section. No person shall have access to such
records except upon order of the judge of the court in which the
decree of adoption was entered, for good cause shown.
C. Except as otherwise authorized by this section, all files and
records pertaining to said adoption proceedings shall be confidential
and withheld from inspection except upon order of the court for good
cause shown.
D. 1. The Department of Human Services, any certified adoption
agency or any licensed child-placing agency having custody of a child
who is legally available for adoption is authorized to release the
medical history, available to the Department or such agency, of the
child, of the natural parents of the child and of the grandparents of
the child to prospective parents of the adoptive child.
2. The release of any medical history of the natural parents of
the child or the natural grandparents of the child shall be released
in such a way that no person can be identified.
3. The medical history may include the information received
pursuant to Section 60.5A of this title or any other medical
information or records regarding the child obtained by the Department
or agency during the custody of the child.
E. The medical history form completed pursuant to Section 60.5A
of this title shall be released by the court upon request of and to
the Department of Human Services, any certified adoption agency or
licensed child-placing agency having custody of a child who is
legally available for adoption, prospective adoptive parents,
adoptive parents, or the child if over eighteen (18) years of age.
§10-62.
§10-62.
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.
§63-1-311.
§63-1-311.
A. A certificate of birth for each live birth which occurs in
this state shall be filed with the local registrar of the district in
which the birth occurs, within seven (7) days after such birth.
Provided, that when a birth occurs on a moving conveyance, a birth
certificate shall be filed in the district in which the child was
first removed from the conveyance.
B. When a birth occurs in an institution, the person in charge
of the institution or his designated representative shall obtain the
personal data, prepare the certificate, secure the signatures
required by the certificate and file it with the local registrar.
The physician in attendance shall certify to the facts of birth and
provide the medical information required by the certificate within
five (5) days after the birth.
C. When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
1. The physician in attendance at or immediately after the
birth;
2. Any other person in attendance at or immediately after the
birth; or
3. The father, the mother, or, in the absence of the father and
the inability of the mother, the person in charge of the premises
where the birth occurred and present at the birth.
D. 1. If the mother was married at the time of conception and
birth, the name of the husband shall be entered on the certificate as
the father of the child unless paternity has been determined
otherwise by a court of competent jurisdiction, in which case the
name of the father as determined by the court shall be entered.
2. If the mother was not married at the time of conception and
birth, the name of the father shall be entered on the certificate of
birth if:
a. a determination of paternity has been made by an
administrative action through the Department of Human
Services or a court of competent jurisdiction, in which
case the name of the father shall be entered, or
b. the mother and father have signed an affidavit
acknowledging paternity pursuant to Section 1-311.3 of
this title and filed it with the State Registrar of
Vital Statistics.
E. Either of the parents of the child shall sign the certificate
of live birth to attest to the accuracy of the personal data entered
thereon, in time to permit its filing within the seven (7) days
prescribed in this section.
§63-1-316.
§63-1-316.
(a) The State Commissioner of Health shall establish a new
certificate of birth for a person born in this state, when he
receives the following:
(1) an adoption certificate as provided in the Uniform Adoption
Act, or a certified copy of the decree of adoption together with the
information necessary to identify the original certificate of birth
and to establish a new certificate of birth; except that a new
certificate of birth shall not be established if so requested by the
court decreeing the adoption, the adoptive parents, or the adopted
person.
(2) a request that a new certificate be established and such
evidence as required by regulation proving that such person has been
legitimated, or that a court of competent jurisdiction has determined
the paternity of such a person.
(b) When a new certificate of birth is established, the actual
place and date of birth shall be shown. It shall be substituted for
the original certificate of birth:
(1) Thereafter, the original certificate and the evidence of
adoption, paternity, or legitimation shall not be subject to
inspection except upon order of a court of competent jurisdiction.
(2) Upon receipt of notice of annulment of adoption, the original
certificate of birth shall be restored to its place in the files and
the new certificate and evidence shall not be subject to inspection
except upon order of a court of competent jurisdiction.
§63-1-321.
§63-1-321.
(a) A certificate or record registered under this article may be
amended only in accordance with this article and regulations
thereunder adopted by the State Board of Health to protect the
integrity and accuracy of vital statistics records.
(b) A certificate that is amended under this section shall be
marked "amended", except as provided in subsection (d) of this
section. The date of amendment and a summary description of the
evidence submitted in support of the amendment shall be endorsed on
or made a part of the record. The Board shall prescribe by
regulation the conditions under which additions or minor corrections
shall be made to birth certificates within one (1) year after the
date of birth without the certificate being considered as amended.
(c) Upon receipt of a certified copy of a court order changing
the name of a person born in this state and upon request of such
person or his parent, guardian, or legal representative, the State
Commissioner of Health shall amend the certificate of birth to
reflect the new name.
(d) When a child is born out of wedlock, the Commissioner shall
amend a certificate of birth to show paternity, if paternity is not
currently shown on the birth certificate, in the following
situations:
(1) Upon request and receipt of a sworn acknowledgment of
paternity of a child born out of wedlock signed by both parents; or
(2) Upon receipt of a certified copy of a court order
establishing paternity.
The Commissioner shall also change the surname of the child on
the certificate to the surname of the father upon receipt of a
notarized written request signed by both parents or upon receipt of a
certified copy of a court order directing such name be changed. Such
certificate amended pursuant to this subsection shall not be marked
"amended".
§10-7006-1.1.
§10-7006-1.1.
A. The finding that a child is delinquent, in need of
supervision or deprived shall not deprive the parents of the child of
their parental rights, but a court may terminate the rights of a
parent to a child in the following situations:
1. Upon a written consent of a parent, including a parent who is
a minor, acknowledged as provided in paragraph (4) of Section 60.5 of
this title, who desires to terminate his parental rights; provided
that the court finds that such termination is in the best interests
of the child; or
2. A finding that a parent who is entitled to custody of the
child has abandoned it; or
3. A finding that:
a. the child has been adjudicated to be deprived, and
b. such condition is caused by or contributed to by acts
or omissions of the parent, and
c. termination of parental rights is in the best interests
of the child, and
d. the parent has failed to show that the condition which
led to the making of said finding has been corrected
although the parent has been given three (3) months to
correct the condition; provided, that the parent shall
be given notice of any hearing to determine if the
condition has been corrected. The court may extend the
time in which such parent may show the condition has
been corrected, if, in the judgment of the court, such
extension of time would be in the best interest of the
child. During the period that the parent has to
correct the condition the court may return the child to
the custody of its parent or guardian, subject to any
conditions which it may wish to impose or the court may
place the child with an individual or an agency; or
4. A finding that a subsequent child has been born to a parent
whose parental rights to other children have been terminated by the
court; provided, that the applicant shall show that the condition
which led to the making of the finding which resulted in the
termination of such parent's parental rights to the other children
has not been corrected. The court may set the time in which the
applicant shall show that the condition has not been corrected, if,
in the judgment of the court, it is in the best interests of the
child. Until the applicant shows the condition has not been
corrected, the child may remain in the custody of the parent, subject
to any conditions which the court may impose, or the court may place
the child with an individual or an agency. As used in this
paragraph, the term "applicant" shall include, but not be limited to,
a district attorney; or
5. A finding that a parent who does not have custody of the
child has willfully failed to contribute to the support of the child
as provided in a decree of divorce or in some other court order
during the preceding year or, in the absence of such order,
consistent with the parent's means and earning capacity; provided,
that the incarceration of a parent shall not prevent termination of
parental rights under this section; or
6. A conviction in a criminal action pursuant to the provisions
of Sections 1021.3, 1111 and 1123 of Title 21 of the Oklahoma
Statutes, the laws relating to child abuse and neglect, or a finding
in a deprived child action either that:
a. the parent has physically or sexually abused the child
or a sibling of such child or failed to protect the
child or a sibling of such child from physical or
sexual abuse that is heinous or shocking to the court
or that the child or sibling of such child has suffered
severe harm or injury as a result of such physical or
sexual abuse, or
b. the parent has physically or sexually abused the child
or a sibling of such child or failed to protect the
child or a sibling of such child from physical or
sexual abuse subsequent to a previous finding that such
parent has physically or sexually abused the child or a
sibling of such child or failed to protect the child or
a sibling of such child from physical or sexual abuse;
or
7. A conviction in a criminal action that the parent has caused
the death of a sibling of the child as a result of the physical or
sexual abuse or chronic neglect of such sibling; or
8. A finding that all of the following exist:
a. the child has been adjudicated deprived, and
b. custody of the child has been placed outside the home
of a natural or adoptive parent, guardian or extended
family member, and
c. the parent whose rights are sought to be terminated has
been sentenced to a period of incarceration of not less
than ten (10) years, and
d. the continuation of parental rights would result in
harm to the child 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 child; the evidence of
abuse or neglect of the child or siblings of the child
by the parent; and the current relationship between the
parent and the child and the manner in which the parent
has exercised parental rights and duties in the past,
and
e. termination of parental rights is in the best interests
of the child.
Provided, that the incarceration of a parent shall not in and of
itself be sufficient to deprive a parent of his parental rights; or
9. A finding that all of the following exist:
a. the child has been adjudicated deprived, and
b. custody of the child has been placed outside the home
of a natural or adoptive parent, guardian or extended
family member, and
c. the parent whose rights are sought to be terminated has
a mental illness or mental deficiency, as defined by
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, and
d. the continuation of parental rights would result in
harm or threatened harm to the child, and
e. 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,
and
f. termination of parental rights is in the best interests
of the child.
Provided, a finding that a parent has a mental illness or mental
deficiency shall not in and of itself deprive the parent of his
parental rights.
B. An order directing the termination of parental rights is a
final appealable order.
C. A parent or guardian of a child may petition the court to
terminate the parental rights of a parent or the parents of a child
for any of the grounds listed in paragraphs 1, 2 or 5 of subsection A
of this section. A prior finding by a court that a child is
delinquent, deprived or in need of supervision shall not be required
for the filing of such petition by the parent or guardian.
NOTE: Laws 1993, c. 208, § 3 repealed by Laws 1993, c. 360, § 16,
emerg. eff. June 10, 1993.
§10-7006-1.3.
§10-7006-1.3.
A. 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 nothing herein shall in
any way affect the right of the child to inherit from the parent.
B. 1. Except for adoptions as provided in paragraph 3 of this
subsection, termination of parental rights shall not terminate the
duty of either parent to support his or her minor child.
2. Any actual notice of termination of parental rights and order
terminating parental rights shall indicate that the duty of the
parent to support his or her minor child will not be terminated
except for adoption as provided by paragraph 3 of this subsection.
3. Child support orders shall be entered by the court that
terminates parental rights and shall remain in effect until the court
of termination receives notice from the placing agency that a final
decree of adoption has been entered and then issues an order
terminating child support and dismissing the case.