Article 2.  Jurisdiction, Venue and Choice of Law

10 O.S. ' 7502 - 1.1

    A.  Except as otherwise provided in this section, a court of this

state has jurisdiction over proceedings to terminate parental rights

and proceedings for the adoption of a minor commenced pursuant to the

Oklahoma Adoption Code if:

    1.   a.   Immediately preceding commencement of the proceeding,

              the minor lived in this state with a parent, a

              guardian, a prospective adoptive parent, or another

              person acting as parent, for at least six (6)

              consecutive months, excluding periods of temporary

              absence, or

         b.   In the case of a minor under six (6) months of age,

              lived in this state from soon after birth with any of

              those individuals and there is available in this state

              substantial evidence concerning the minor's present or

              future care;

    2.  Immediately preceding commencement of the proceeding, the

prospective adoptive parent lived in this state for at least six (6)

consecutive months, excluding periods of temporary absence, and there

is available in this state substantial evidence concerning the

minor's present or future care;

    3.  The child-placing agency that placed the minor for adoption

is located in this state and it is in the best interest of the minor

that a court of this state, assume jurisdiction because:

         a.   the minor and the minor's parents, or the minor and the

              prospective adoptive parent, have a significant

              connection with this state, and

         b.   there is available in this state substantial evidence

              concerning the minor's present or future care;

    4.  The minor and the prospective adoptive parent are physically

present in this state, and the minor has been abandoned or it is

necessary in an emergency to protect the minor because the minor has

been subjected to or threatened with mistreatment or abuse or is

otherwise neglected; or

    5.  It appears that no other state would have jurisdiction under

prerequisites substantially in accordance with paragraphs 1 through 4

of this subsection, or another state has declined to exercise

jurisdiction on the ground that this state is the more appropriate

forum to hear a petition for adoption of the minor, and it is in the

best interest of the minor that a court of this state assume

jurisdiction.

    B.  1.  If a child is born in this state and the mother of the

child executes her consent or permanent relinquishment before a judge

of a court of this state, a court of this state may exercise

jurisdiction over a proceeding for the termination of parental rights

of a putative father pursuant to Section 7505-2.1 of this title.  The

provisions of this subsection shall not be construed to extend

jurisdiction of the court to the adoption proceeding.

    2.  If a parent has signed a permanent relinquishment in the

presence of a court of this state pursuant to Section 7503-2.3 of

this title, the court may exercise jurisdiction to issue an order

terminating the parental rights of the parent to the child pursuant

to Section 7503-2.3 of this title.

    3.  A court of this state may exercise jurisdiction to issue a

temporary order of custody pursuant to Section 16 of this act for:

         a.   a minor born in this state, or

         b.   a minor brought into this state in compliance with the

              Interstate Compact on the Placement of Children, if the

              court is exercising jurisdiction pursuant to this

              section over an adoption proceeding concerning the

              minor that is pending before the court.

    4.  If the court does not have jurisdiction over an adoption

proceeding pursuant to subsection A of this section, any order issued

pursuant to this subsection shall include a finding by the court that

states that the court is declining jurisdiction over the adoption

proceeding and is deferring jurisdiction to the more appropriate

state.

    C.  A court of this state shall not exercise jurisdiction over a

proceeding for adoption of a minor or for termination of parental

rights brought pursuant to Section 7505-2.1 or 7505-4.1 of this title

if, at the time the petition for adoption or termination is filed, a

proceeding concerning the custody or adoption of the minor is pending

in a court of another state exercising jurisdiction substantially in

conformity with the Uniform Child Custody Jurisdiction Act, the

Uniform Child Custody Jurisdiction and Enforcement Act or the

Oklahoma Adoption Code, unless the proceeding is stayed by the court

of the other state because this state is a more appropriate forum or

for another reason.

    D.  If a court of another state has issued a decree or order

concerning the custody of a minor who may be the subject of a

proceeding for adoption or for termination of parental rights brought

pursuant to Section 7505-2.1 or 7505-4.1 of this title in this state,

a court of this state shall not exercise jurisdiction over a

proceeding for adoption or termination of parental rights of the

minor unless:

    1.  The court of this state finds that the court of the state

which issued the decree or order:

         a.   does not have continuing jurisdiction to modify the

              decree or order under the law of the state which issued

              the decree or order or has declined to assume

              jurisdiction to modify the decree or order, or

         b.   does not have jurisdiction over a proceeding for

              adoption substantially in conformity with paragraphs 1

              through 4 of subsection A of this section or has

              declined to assume jurisdiction over a proceeding for

              adoption; and

    2.  The court of this state has jurisdiction pursuant to this

section over the proceeding for adoption or termination of parental

rights.

§10-7502-1.2.

    Proceedings for adoption may be brought in the district court in

the county where the petitioners or the child to be adopted reside.

§10-7502-1.3.

    A.  Except as otherwise provided by this section, a proceeding to

terminate parental rights pursuant to Article 5 of the Oklahoma

Adoption Code or an adoption in this state of a minor born in this

state or brought into this state from another state by a prospective

adoptive parent, or by a person who places the minor for adoption in

this state, is governed by the laws of this state, including but not

limited to, the Oklahoma Adoption Code and the Interstate Compact on

the Placement of Children.

    B.  A permanent relinquishment of a child for adoption or a

consent to adoption, including, but not limited to, an extrajudicial

consent signed by a putative father, will be recognized as valid and

given effect in all proceedings brought pursuant to the Oklahoma

Adoption Code in the courts of this state, if the permanent

relinquishment or consent was executed:

    1.  Before an appropriate official and in the manner prescribed

by the Oklahoma Adoption Code; or

    2.  Except as otherwise provided in subsection I of Section 7503-

2.3 and subsection H of Section 7503-2.4 of this title, before an

appropriate official and in the manner prescribed by the law of the

state or country in which the permanent relinquishment or consent was

executed.

    C.  The laws of this state shall govern when and under which

circumstances a permanent relinquishment of a child for adoption or a

consent to adoption, including, but not limited to, an extrajudicial

consent signed by a putative father, may be revoked or set aside, if:

    1.  The permanent relinquishment or consent was executed in this

state; or

    2.  The permanent relinquishment or consent was executed outside

of this state before an appropriate official and in a manner in

compliance with all of the requirements of the Oklahoma Adoption

Code.

    D.  If a permanent relinquishment for adoption or consent to

adoption, including, but not limited to, an extrajudicial consent

signed by a putative father, is executed outside of this state before

an official or in a manner that is not in compliance with all of the

requirements of the Oklahoma Adoption Code, the law of the state in

which the permanent relinquishment or consent was executed shall

govern the circumstances under which the relinquishment or consent

may be revoked or set aside.

§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.

    B.  A minor born outside of the United States may be adopted in

Oklahoma if one or both of the petitioners for adoption are citizens

of Oklahoma and the minor is residing in Oklahoma at the time the

petition for adoption is filed.

    C.  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.

    D.  A proceeding to adopt or readopt a minor born outside of the

United States shall proceed pursuant to the Oklahoma Adoption Code,

with the following provisions:

    1.  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 decree of adoption or termination of parental

rights granted by a judicial, administrative, or executive body of

the country of origin, or a document or documents from such a

governmental body stating that the biological parent has consented to

the adoption, or stating that the parental rights of the biological

parent of the minor have been terminated, or stating that the minor

to be adopted has been relinquished by the biological parent or

stating that the minor has been abandoned.  Any document in a foreign

language shall be translated into English by the 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;

    2.  If a minor born outside of the United States is in the legal

custody of a child-placing agency at the time that the petition for

adoption is filed, notice of the proceedings shall be given to the

child-placing agency prior to the hearing on the petition, and the

consent of the child-placing agency to the adoption shall be obtained

pursuant to Section 9 of this act prior to the granting of the decree

of adoption; and

    3.  In a proceeding to readopt a minor previously adopted by a

petitioner in a foreign country, the court may waive the issuance of

an interlocutory decree of adoption and the waiting period of six (6)

months provided in Sections 33 and 35 of this act, and grant a final

decree of adoption, if:

         a.   the minor has been in the home of petitioner for at

              least six (6) months prior to the filing of the

              petition for adoption, and

         b.   a postplacement report has been submitted to the court.

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