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Article 1.
State Policy and General Definitions
10 O.S. ' 7501 - 1.1
A.
Chapter 75 of this title shall be known and may be cited as the
"Oklahoma Adoption Code".
B.
The Oklahoma Adoption Code shall be composed of eleven articles:
Article
1. State Policy and General
Definitions.
Article
2. Jurisdiction, Venue and Choice
of Law.
Article
3. Adoption of Minors.
Article
4. Medical and Social Histories.
Article
5. Adoption Proceedings.
Article
6. Paternity Registry.
Article
7. Adult Adoptions.
Article
8. Adult Adoptee Services.
Article
9. General Provisions.
Article
10. Subsidized Adoption Programs.
Article
11. Studies and Committees.
C.
All statutes hereinafter enacted and codified in Chapter 75 of this title
shall be considered and deemed part of the Oklahoma Adoption Code.
D.
The provisions of the Oklahoma Adoption Code shall not invalidate any adoption
heretofore granted by any court.
10 O.S. ' 7501 - 1.2
A.
The Legislature of this state believes that every child should be
raised in a secure, loving home and finds that adoption is the best way to
provide a permanent family for a child whose biological parents are not able
or willing to provide for the child's care or whose parents believe the
child's best interest will be best served through adoption.
The purpose of the Oklahoma Adoption Code is to:
1.
Ensure and promote the best interests of the child in adoptions and to
establish an orderly and expeditious process for movement of adoption matters
through the courts;
2.
Affirm that the parent-child relationship is fundamental and that all
adoption laws should be fair to the child and to each parent of the child;
3.
Affirm the duty of the biological parents to provide appropriately for
the care of the child unless custody of the child has been transferred either
voluntarily or involuntarily;
4.
Affirm the duty of a noncustodial parent to:
a.
provide financial support for the parent's biological child, and
otherwise exercise parental responsibilities,
b.
maintain a parent-child relationship, regardless of the absence of any
court order to that effect, and
c.
provide for the appropriate financial support of the mother of the
child during her term of pregnancy;
5.
Affirm the duty of a male person who has sexual relations with a female
person outside of marriage to be aware that a pregnancy might occur;
6.
Affirm the duty of the biological father of a child who is to be born
or who is born outside of marriage to exercise his parental responsibilities
for the child. This includes the
duty to inform himself about the existence and needs of any such child and to
exercise parental responsibilities toward that child even before birth;
7.
Encourage prebirth planning for adoption as a means of facilitating
adoption of a child into a permanent family as soon as possible.
To that end, the Oklahoma Adoption Code provides for a prebirth notice
of a plan for adoption and for procedures by which a putative father may give
his consent or otherwise respond to the notice;
8.
Ensure that children placed for adoption will be raised in stable,
permanent loving families whose qualifications for adoption have been properly
evaluated in light of the child's needs;
9.
Promote and strengthen the integrity and finality of adoptions by
limiting the time and circumstances for a consent to be withdrawn or a challenge
to the adoption filed; and
10.
Recognize the right of all children who have been adopted to have access
to information about their social and medical history.
B.
It is the intent of the Legislature to balance the privacy rights of all
parties to an adoption while clarifying when and to whom information may be
released. The Legislature seeks to
promote voluntary reunions, provide for confidential intermediaries, and collect
and maintain social and medical information relating to the adoption in the
recognition that all children should have access to knowledge about their
heritage.
10 O.S. ' 7501 - 1.3
As
used in the Oklahoma Adoption Code:
1.
"Adoptee"
means an individual who is adopted or is to be adopted;
2.
"Adult"
means an individual who has attained eighteen (18) years of age;
3.
"Minor"
means any person who has not attained the age of eighteen (18) years;
4.
"Child-placing
agency" means any child welfare agency licensed pursuant to the
Oklahoma Child Care Facilities Licensing Act and authorized to place minors for
adoption;
5.
"Contested
proceeding" means any proceeding pursuant to the Oklahoma Adoption
Code in which an interested party enters an appearance to contest the petition;
6.
"Department"
means the Department of Human Services;
7.
"Direct
placement adoption" means any adoption in which the minor is not
placed for adoption by the Department of Human Services or a child-placing
agency;
8.
"Guardian" means an individual, other than a parent, appointed
by a court to be the guardian of the person of a minor;
9.
"Parent"
means an individual who is the biological or adoptive parent of a child or who
is legally recognized as a mother or father of a child. The term "parent" does not include an individual
whose parental relationship to a child has been terminated;
10.
"Permanent
relinquishment" means the voluntary surrender of the rights of the
parent or guardian with respect to a minor, including legal and physical custody
of the minor, to a child-placing agency, Department of Human Services or any
person with the assent of the court, by a minor's parent or guardian, for
purposes of the minor's adoption;
11."Putative father"
means the father of a minor born out of wedlock or a minor whose mother was
married to another person at the time of the birth of the minor or within the
ten (10) months prior to the birth of the minor and includes, but is not limited
to, a man who has acknowledged or claims paternity of a minor, a man named by
the mother of the minor to be the father of the minor, or any man who is alleged
to have engaged in sexual intercourse with a woman during a possible time of
conception;
12.
"State"
means any state, territory, or possession of the United States, the commonwealth
of Puerto Rico, and the District of Columbia; and
13."Stepparent"
means an individual who is the spouse or surviving spouse of a parent of a
minor, but who is not a legal parent of the minor.
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