Oklahoma

 

Adoption

Access to Adoption Records

Who May Access Information
Citation: Ann. Stat. Tit. 10, § 7508-1.3

The services of a confidential intermediary are available to:

  • The adult adopted person
  • The legal parent or guardian of the child of a deceased adopted person
  • The adult descendant of a deceased adopted person
  • The birth parent
  • The adult birth sibling or grandparent of an adult adopted person
  • The sibling of a deceased birth parent

Access to Nonidentifying Information
Citation: Ann. Stat. Tit. 10, § 7508-1.3

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.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.

Mutual Access to Identifying Information
Citation: Ann. Stat. Tit. 10, §§ 7508-1.2; 7508-1.3

The department shall establish a search program using the services of a confidential intermediary that may be used by eligible persons listed above to locate an adult birth relative with whom contact has been lost through adoption.

If a birth relative of an adopted person, other than a birth 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 birth parent is on file. If such an affidavit is on file and has not been revoked, the search may not be initiated.

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 the release of identifying information or medical information or to meeting or communicating with the individual initiating the search. 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 to facilitate any meeting or communication between them.

If the confidential intermediary is able to locate the subject of the search, he or she 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. The inquiry shall be by personal and confidential contact, without disclosing the identifying information about the person who initiated the search.

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.

Access to Original Birth Certificate
Citation: Ann. Stat. Tit. 10, § 7505-6.6

For adoptions finalized after November 1, 1997, an uncertified copy of the original birth certificate is available to an adopted person, age 18 or older, upon written request under the following conditions:

  • He or she presents proof of identity.
  • There are no birth siblings under age 18 who are currently in an adoptive family and whose whereabouts are known.
  • The birth parents have not filed affidavits of nondisclosure.

Original birth certificates are also available upon order of the court for good cause shown, pursuant to § 7505-1.1.

Where the Information Can Be Located

  • Adoption Reunion Registry, Oklahoma Department of Human Services
  • Confidential Intermediary Search Program, Oklahoma Department of Human Services

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Collection of Family Information About Adopted Persons and Their Birth Families

Agency or Person Preparing the Report
Citation: Ann. Stat. Tit. 10, § 7504-1.1
The Department of Human Services or a child-placing agency shall compile a written report on the medical and social histories of the adoptive child on a form supplied by the Department of Health.If the child is not being placed for adoption through the Department of Human Services 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.

Contents of Report About the Adopted Person
Citation: Ann. Stat. Tit. 10, § 7504-1.1
The medical history shall include, but is not limited to, the current medical and psychological histories of the child, including information concerning:

  • Any prenatal, neonatal, medical, dental, psychiatric, or psychological diagnoses, examinations, or reports
  • Any diseases, illnesses, accidents, allergies, and congenital or birth defects
  • A record of any immunization and other health care received
  • The child’s developmental history, including the ages at which the child developed basic gross motor, fine motor, language, and cognitive skills
  • Any behavioral problems the child has exhibited
  • Any physical, sexual, or emotional abuse suffered by the child
  • 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

The social history report shall include, but is not limited to:

  • Educational history, including enrollment and performance in school, the results of educational testing, special educational needs, if any, and the number of years of school completed at the time of the adoption
  • The age of the child at the time of the adoption
  • The circumstances leading to the adoption
  • The heritage of the child including nationality, ethnic background, Tribal affiliation, if any, and race
  • The talents, hobbies, and special interests of the child
  • An account of the child’s past and existing relationships with any individual with whom he or she has regularly lived or visited
  • A criminal conviction or delinquency adjudication of the child

Contents of Report About the Birth Family
Citation: Ann. Stat. Tit. 10, § 7504-1.1
Medical history and psychological histories shall include relevant information about the birth parents and relatives, including:

  • The obstetric history and health of the birth mother during her pregnancy
  • The consumption of drugs, medication, or alcohol by the birth father or mother at the time of conception and by the mother during her pregnancy
  • The exposure of the mother to toxic substances or occupational hazards during her pregnancy
  • Whether the birth parents are related to each other and to what degree
  • Any history of venereal disease afflicting either birth parent
  • Physical characteristics, including age at the time of the child’s birth; height; weight; color of eyes, hair, and skin
  • Potentially inheritable psychological or physical diseases, disorders, traits, or tendencies
  • Allergies, illnesses, and other medical history
  • Any addiction or predisposition to addiction to drugs or alcohol
  • If the death of either birth parent, other children of either birth parent, or a birth grandparent has occurred, the fact of the death, age at the time of death, and the cause, if known

The social history report regarding the birth parents and other birth relatives shall include:

  • The ages of the birth parents, existence of other children of either parent, names of birth grandparents at the time of the adoption, and genders of the other children of either birth parent
  • The occupations, talents, hobbies, and special interests of the birth parents and grandparents
  • Nonidentifying information about the extended family of the birth parents and grandparents
  • The level of educational and vocational achievement of birth parents and relatives and any noteworthy accomplishments
  • A criminal conviction, judicial order terminating parental rights, or other proceeding in which a birth parent was alleged to have abused, neglected, abandoned, or otherwise mistreated the child, a sibling, or the other birth parent

When the Report Is Made
Citation: Ann. Stat. Tit. 10, § 7504-1.1
The report must be completed before placing a minor for adoption.

Exceptions for Stepparent or Relative Adoptions
Citation: Ann. Stat. Tit. 10, § 7504-1.1
If the petitioner is a stepparent of the child and the child will remain in the custody of one birth parent and the stepparent following the adoption, only the medical and social histories of the parent whose parental rights are sought to be terminated and that parent’s birth relatives must be compiled in the report on medical and social histories.If the petitioner is related to the child, only the medical and social histories of the parent who is not related to the petitioner and the birth relatives of that parent must be completed in the report on medical and social histories.

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Intestate Inheritance Rights for Adopted Children

Birth Parents in Relation to Adopted Person
Citation: Ann. Stat. Tit. 10, § 7505-6.5
After a final decree of adoption, the birth parents of the adopted child, unless they are the adoptive parent(s) 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.

Adoptive Parents in Relation to Adopted Person
Citation: Ann. Stat. Tit. 10, § 7505-6.5
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 parent(s) in accordance with the statutes of descent and distribution. The adoptive parent(s) shall likewise be entitled to inherit real and personal property from and through the child.

Adopted Persons Who Are Not Included in a Will
Citation: Ann. Stat. Tit. 84, § 132
When any testator omits to provide in his or her will for any of his or her children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate.

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State Recognition of Intercountry Adoptions Finalized Abroad

Effect and Recognition of a Foreign Adoption Decree
Citation: Ann. Stat. Tit. 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.

Readoption After an Intercountry Adoption
Citation: Ann. Stat. Tit. 10, § 7502-1.4(D)-(E)

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. A proceeding to adopt a minor born outside of the United States shall proceed pursuant to the Oklahoma Adoption Code with the following provisions:

  • 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 termination of parental rights granted by a judicial, administrative, or executive body of the country of origin
    • A document or documents from such a governmental body stating that:
      • The biological parent has consented to the adoption.
      • The parental rights of the biological parent of the minor have been terminated.
      • The minor to be adopted has been relinquished by the biological parent.
      • The minor has been abandoned.
  • Any document in a foreign language shall be translated into English by the U.S. 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.
  • The court may waive the issuance of an interlocutory decree of adoption and the waiting period of 6 months provided in title 10, §§7505-6.1 and 7505-6.3, and grant a final decree of adoption if:
    • The minor has been in the home of petitioner for at least 6 months prior to the filing of the petition for adoption.
    • A postplacement report has been submitted to the court.

Application for a U.S. Birth Certificate
Citation: Ann. Stat. Tit. 10, § 7502-1.4(B)

An adoptive parent of a minor adopted outside of the United States with a decree, judgment, or final order issued by a court or other governmental authority with appropriate jurisdiction in a foreign country may present the decree, judgment, or final order or present proof that the minor has U.S. citizenship to the court in combination with a petition for a name change. Upon presentation of a decree, judgment, or final order or if the minor presents proof of U.S. citizenship, the court shall order the State Registrar to prepare a supplementary certificate of birth for the child, as provided for in title 10, § 7505-6.6, unless good cause is shown why the certificate should not be issued.


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