Article 8

10 O.S. 7508 - 1.1 .
A. All records of any adoption finalized in this state shall be maintained
for twenty-two (22) years by the child-placing agency, entity, organization
or person arranging or facilitating the adoption.
B. Child-placing agencies, attorneys, or other entities that facilitate
adoptions who cease to operate or to practice in this state shall transfer
their adoption records to the Department of Human Services, Adoption
Division, or, after giving notice to the Department of Human Services, to a
transferee agency that is assuming responsibility for the preservation of the
agency's adoption records.

10 O.S. 7508 - 1.2
A. The Department of Human Services shall establish and administer, directly
or through a contractor, a Mutual Consent Voluntary Registry whereby eligible
persons as described in  subsection B of this section may indicate their
willingness to have their identity and whereabouts disclosed to each other
under the conditions specified under this part.
B. Subject to the restrictions of subsections C and D of this section, the
following persons may register with the Mutual Consent Voluntary Registry:
1.  An adult adopted person;
2.  An adult person whose biological parent's parental rights have been
terminated;
3. The adoptive parents or guardian of an adopted person who is under
the age of eighteen (18) or who has been declared mentally incompetent;
4. If an adopted person is deceased, the legal parent or guardian of any
minor child or mentally incompetent child of the adopted person;
5.  If an adopted person is deceased, any adult descendants of the
adopted person;
6. The legal parent or guardian of a minor or a person who has been
declared mentally incompetent whose biological parent's parental rights have
been terminated;
7. The legal parent or guardian of any minor or mentally incompetent
child of a deceased person whose biological parent's parental rights have
been terminated;
8. The adult descendants of a deceased person whose biological parent's
parental rights have been terminated;
9. A parent whose parental rights were voluntarily terminated by court
order subsequent to the parent's consent or relinquishment, or involuntarily
terminated by court order, in an adoption, juvenile, guardianship, or
domestic relations proceeding; and
   10. An adult biological relative of an adopted person or a person whose
biological parent's parental rights have been terminated.
C.  This registry shall not be used by:
1. An adult adopted person who has a minor biological sibling in the
same adoptive family or in an adoptive or foster family or other placement
whose location is known to the adult adopted person; or
2. An adult whose biological parent's parental rights have been
terminated and who has a biological sibling in the same family or in an
adoptive or foster family or other placement whose location is known to that
adult.
D. If a biological relative, other than a biological parent, registers
pursuant to paragraph 9 of subsection B of this section, the administrator of
the Mutual Consent Voluntary Registry shall ascertain from the State
Registrar of Vital Statistics whether an affidavit of non-disclosure by a
biological parent is on file.  If such an affidavit is filed with the State
Registrar and has not been revoked, the administrator of the Mutual Consent
Voluntary Registry shall not process a match with any biological relative of
the parent who filed the affidavit of non-disclosure.
E.  1. An eligible person may register by submitting a notarized affidavit,
on a form provided by the Department of Human Services, stating the
registrant's current name, address, telephone number, and the registrant's
willingness to be identified to some or all eligible relatives, identified by
name or by relationship, who also register.  The registrant may also provide
any previous name by which the registrant was known, previous and current
names, if known, of specific eligible persons the registrant wishes to find,
the place and date of birth of the adopted minor or the minor whose parent's
rights have been terminated, and the name and address of the adoption agency,
intermediary, or other person, if any, who placed the minor for adoption or
took custody of the minor after the minor's parent's rights were terminated.  
If the registrant is an adult adopted person or an adult whose biological
parent's rights have been terminated, the affidavit shall also contain a
statement that the registrant does not have a minor biological sibling in the
same family or in an adoptive or foster family or other placement whose
location is known to the registrant.
2. The form shall also indicate the registrant's desired method of
notification in the event a match occurs; however, the Department shall not
be required to utilize methods of notification that would require it to incur
unreasonable expense.  The form shall also indicate whether the registrant
desires release of the registrant's identifying information if a match occurs
after the registrant's death.  No registration shall be accepted until the
prospective registrant submits satisfactory proof of the registrant's
identity.  Registering persons may revise their consent with respect to
change of address, telephone number or method of notification.  Any name and
accompanying information shall be removed from the list upon the verified
written request of the person who registered.
F. The administrator of the Mutual Consent Voluntary Registry shall process
each affidavit in an attempt to match the registrant with any other eligible
persons who have registered and consented to have their identifying
information released to the registrant.  Such processing may include, but not
be limited to, research from agency records, when available, and when agency
records are not available, from court records to determine conclusively
whether registrants match.  When a match has occurred, the administrator
shall notify each registrant, by the registrant's designated method only, and
obtain the registrant's consent to an exchange of identifying information
before any identifying information is released.  Nothing in this section
shall be construed to allow any state or local governmental department,
agency, institution, or contractor, or any employee thereof, to solicit any
consent for the release of identifying information from someone who has not
registered with the registry.
G. Any affidavits filed and other information collected shall be retained
for twenty-two (22) years following the date of registration.
H. Any person who discloses information from the registry in violation of
this act shall be guilty of a misdemeanor and shall be fined up to Five
Thousand Dollars ($5,000.00) or imprisoned for a period of six (6) months or
both.

10 O.S. 7508 - 1.3
A. The Department of Human Services shall establish a search program whereby
the services of a confidential intermediary who has been certified through
the program may be used by eligible persons listed in subsection B of this
section to locate an adult biological relative listed in subsection B of this
section with whom contact has been lost through adoption or termination of
parental rights proceedings.
B. Subject to the restrictions of subsections C and D of this section, the
following persons may request a search or be the subject of a search through
the confidential intermediary search program:
1.  An adult adopted person;
2.  An adult person who has a parent whose parental rights have been
terminated;
3. The legal parent or guardian of any minor or mentally incompetent
child of a deceased adopted person;
4.  An adult descendant of a deceased adopted person;
5. The legal parent or guardian of any minor or mentally incompetent
child of a deceased person whose biological parent's parental rights have
been terminated;
6. An adult descendant of a deceased person whose biological parent's
parental rights have been terminated;
7. A biological parent whose parental rights were voluntarily or
involuntarily terminated by court order in an adoption, juvenile,
guardianship, or domestic relations proceeding;
8. An adult biological sibling or biological grandparent of an adult
adopted person or of an adult person who has a parent whose parental rights
have been terminated; and
9. The sibling of a deceased biological parent whose parental rights
were voluntarily or involuntarily terminated by court order in an adoption,
juvenile, guardianship, or domestic relations proceeding.
C. A search through the confidential intermediary program may not be
performed on behalf of:
1. Anyone who has not previously registered with the Mutual Consent
Voluntary Registry at least six (6) months prior to submission of the
application for services through the confidential intermediary search program;
2. An adult adopted person who has a minor biological sibling in the
same adoptive family or in an adoptive or foster family or other placement
whose location is known to the adult adopted person;
3. An adult whose biological parent's parental rights have been
terminated and who has a minor biological sibling in the same family or in an
adoptive or foster family or other placement whose location is known to that
adult; or
4. Anyone who has previously initiated a search for a biological parent
that refused to share identifying information, communicate, or meet, and who
initiates a subsequent search for a biological relative of that biological
parent.
D. If a biological relative of an adopted person, other than a biological
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
non-disclosure by a biological parent of the adopted person is on file.  If
such an affidavit is filed with the State Registrar and has not been revoked,
the administrator of the search program shall decline to initiate a search at
the request of or for any biological relative of the parent who filed the
affidavit of non-disclosure, unless the person initiating the search can
provide satisfactory proof that the biological parent who filed the affidavit
of non-disclosure is deceased.
E. The Department of Human Services shall administer, directly or through a
contractor, the confidential intermediary search program.  The Department of
Human Services shall adopt rules and procedures necessary to implement the
search program, including but not limited to the qualifications, minimum
standards for training and certification, and standards of conduct for a
confidential intermediary.  A person shall not act as a confidential
intermediary unless the person has completed the training required by the
Department of Human Services, signed and filed an oath of confidentiality
with the Department of Human Services, and possesses a confidential
intermediary certificate issued by the Department of Human Services.
F. The Department of Human Services shall develop an oath of
confidentiality, which must be signed under penalty of perjury by each
prospective confidential intermediary prior to receiving certification.  In
the oath, the intermediary shall affirm that:
1. The intermediary has completed the requisite training for a
confidential intermediary as required by the Department of Human Services;
2. The intermediary will not disclose to anyone, directly or indirectly,
identifying or confidential information in the records or otherwise obtained
through the intermediary's participation in the search program, except under
the conditions specified in this section;
3. 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 release of identifying information or medical
information or to meeting or communicating with the individual initiating the
search, and will report back to the administrator of the program the results
of the intermediary's search and inquiry;
4. 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 in accordance with the instructions of the
administrator of the program to facilitate any meeting or communication
between them;
5. The intermediary will not accept any fee or compensation for the
intermediary's services except as authorized by the administrator of the
search program and the Oklahoma Statutes; and
6. The intermediary recognizes that unauthorized release of information
is a violation of this section and Section 7505-1.1 of this title and may
subject the intermediary to a fine or imprisonment or both, to civil
liability, and to loss of certification as a confidential intermediary.
G.  1.  After an eligible person described in subsection B of this section
has:
a. completed an application to initiate a search,
b. provided satisfactory proof of identity to the administrator of
the program, and
c. paid the fee established by the Department of Human Services for
initiating a search, the administrator of the search program shall assign the
search to a confidential intermediary certified by the Department of Human
Services.
2.  The confidential intermediary shall be permitted to inspect:
a. all court records relevant to the adoption or termination of
parental rights proceeding,
b. the original certificate of birth, or other sealed adoption
records, and other relevant records, if any, in the possession of the State
Registrar of Vital Statistics, and
c. all relevant records in the possession of the Department of Human
Services.
3. The confidential intermediary must present to the custodians of such
records documentary proof of the intermediary's certification and the
referral form from the administrator of the search program prior to obtaining
access to any of these records.
4. The confidential intermediary may also inspect records in the
possession of a private adoption agency or a private attorney, but only if
the private agency or attorney voluntarily agrees to cooperate and permits
the examination.
5. The confidential intermediary shall keep confidential all information
obtained during the course of the investigation, except as disclosure is
permitted by this section.
H.  1. If the confidential intermediary is able to locate the subject of the
search, the confidential intermediary 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.

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