reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 10. Children › §10-7505-6.4. Denial of petition for adoption.

A. If the court denies a petition for adoption or vacates a decree of adoption, it shall dismiss the proceeding. If no preexisting custody order remains in effect, the court shall issue an appropriate order for the legal and physical custody of the minor according to the best interests of the minor, if the court has jurisdiction to issue a custody order.
B. 1. If the court has jurisdiction to issue a custody order, the court shall schedule a separate hearing to determine custody of the minor. The court shall certify that the petitioner for adoption and each parent of the minor has received notice of the date of the custody hearing at least fifteen (15) days prior to the date of the hearing and that each biological parent who has signed a consent or permanent relinquishment has been served in the same manner as summons is served in civil cases at least fifteen (15) days prior to the date of the hearing. The petitioner for adoption shall be responsible for serving any parent who has not entered an appearance in the adoption proceeding. If the Department of Human Services or any licensed child-placing agency had legal custody at the time the petition was filed, the petitioner shall notify the Department or agency of the date of the custody hearing.
2. Upon motion to intervene, the court shall join any person entitled to notice under this subsection who is not already a party to the proceeding.
3. At the hearing, the court may award custody to the biological mother, the biological father, the biological parents, if they are married, the prospective adoptive parents, or the Department or other licensed child-placing agency if the Department or agency had legal custody of the child at the time that the petition was filed, pursuant to Section 21.1 of this title, in the best interests of the child.
4. The child shall be represented at this hearing pursuant to Section 7505-1.2 of this title.
Added by Laws 1997, c. 366, § 36, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 27, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-6.5. Effect of final decree - Grandparental rights.

A. After the final decree of adoption is entered, the relation of parent and child and all the rights, duties, and other legal consequences of the natural relation of child and parent shall thereafter exist between the adopted child and the adoptive parents of the child and the kindred of the adoptive parents. 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 parents in accordance with the statutes of descent and distribution. The adoptive parents shall be entitled to inherit real and personal property from and through the child in accordance with said statutes.
B. After a final decree of adoption is entered, the biological parents of the adopted child, unless they are the adoptive parents 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.
C. A grandparent, who is the parent of the minor's biological parents, may be given reasonable rights of visitation to the child, only to the extent permitted by the provisions of Section 5 of this title.
D. A decree of adoption does not affect any property right or benefit vested in the child before the decree becomes final.
Added by Laws 1957, p. 25, § 16. Amended by Laws 1978, c. 71, § 2; Laws 1981, c. 273, § 2; Laws 1984, c. 82, § 2, emerg. eff. April 4, 1984; Laws 1989, c. 211, § 2, eff. Nov. 1, 1989; Laws 1996, c. 297, § 6, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 37, eff. Nov. 1, 1997. Renumbered from § 60.16 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 28, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-7.1. Appeals.

A. An appeal may be taken from any final order, judgment, decree, or any order determining a minor eligible for adoption without terminating parental rights rendered pursuant to the Oklahoma Adoption Code to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this section.
B. In an appeal concerning the adoption of a minor or the termination of parental rights for adoption purposes, or any order determining a minor eligible for adoption without terminating parental rights, the appellant's designation of record shall be filed in the trial court within ten (10) days after the date of the judgment or order. Appellee's counter designation of record shall be filed in the trial court ten (10) days after appellant's designation of record is filed in the trial court.
C. All appeals of cases concerning the adoption of a minor or the termination of parental rights for adoption purposes, or an order determining that a minor is eligible for adoption which does not terminate parental rights, shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from. The record on appeal shall be completed within thirty (30) days from the filing of the petition in error. Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error.
D. The briefing schedule is established as follows:
1. Appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court;
2. Appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed; and
3. Appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.
E. Any appeal when docketed should have priority over all cases pending on said docket. Adjudication of appeals and any other proceedings concerning the adoption of the minor described in this section shall be expedited by the Supreme Court.
F. The pendency of an appeal shall not suspend the order of the district court regarding a minor, nor shall it remove the minor from the custody of that court or of the person, institution, or agency to whose care such minor has been committed, unless the Supreme Court shall so order.
Added by Laws 1957, p. 26, § 19. Amended by Laws 1996, c. 297, § 10, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 39, eff. Nov. 1, 1997. Renumbered from § 60.19 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 30, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-7.2. Limitations on challenge to adoption or termination of parental rights - Effect of appeal - Best interests of child.

A. Except as otherwise provided by paragraph 3 of subsection B of Section 7503-2.7 of this title:
1. When an interlocutory or final decree of adoption has been rendered, a decree terminating parental rights cannot be challenged on any ground, either by a direct or a collateral attack, more than three (3) months after its rendition. The minority of the natural parent shall not operate to prevent this time limit from running; and
2. No adoption may be challenged on any ground either by a direct or collateral attack more than three (3) months after the entry of the final adoption decree regardless of whether the decree is void or voidable, and the minority or incompetence of the natural parent shall not operate to prevent this time limit from running.
B. In any challenge on any ground either by a direct or collateral attack, the court shall not enter a decision which is contrary to the best interests of the adopted minor.
Added by Laws 1971, c. 316, § 2, emerg. eff. June 24, 1971. Amended by Laws 1995, c. 340, § 25, emerg. eff. June 9, 1995; Laws 1996, c. 297, § 9, emerg. eff. June 10, 1996. Renumbered from § 58 of this title by Laws 1996, c. 297, § 28, emerg. eff. June 10, 1996. Amended by Laws 1997, c. 366, § 40, eff. Nov. 1, 1997. Renumbered from § 60.18b of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 31, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7505-8.1. Adoption dissolution statistics to be published.

A. Whenever the Department of Human Services publishes statistics on successful adoptions, the Department shall also include statistics on adoption dissolutions, including the average number of months between the finalization of adoptions and the effective date of dissolutions.
B. For purposes of this section, "adoption dissolutions" means adoptions which dissolve after the adoption is finalized and prior to the time the adopted child reaches eighteen (18) years of age.
Added by Laws 2009, c. 277, § 1, eff. Nov. 1, 2009.
2023 Oklahoma Statutes › Title 10. Children › §10-7506-1.2. Revocation of notice of intent to claim paternity - Removal of registrant's name from registry.

A. A putative father may revoke a notice of intent to claim paternity at any time by submitting a signed, notarized statement revoking the notice of intent to claim paternity.
B. If a court determines that the registrant is not the father of the child, the court shall order that the Department remove the registrant's name from the registry. On receipt of an order providing for the removal of the registrant's name, the Department shall remove the name from the registry.
Added by Laws 1997, c. 366, § 42, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7507-1.1. Adult adoptions.

An adult person may be adopted by any other adult person, with the consent of the person to be adopted or his guardian, if the court shall approve, and with the consent of the spouse, if any, of an adoptive parent, filed in writing with the court. The provisions of Sections 9 through 36 of this act shall not apply to the adoption of a competent adult person. A petition therefor shall be filed with the district court in the county where the adoptive parents reside. After a hearing on the petition and after such investigation as the court deems advisable, if the court finds that it is to the best interests of the people involved, a decree of adoption may be entered which shall have the legal consequences stated in Section 37 of this act.
Added by Laws 1957, p. 26, § 21. Amended by Laws 1997, c. 366, § 43, eff. Nov. 1, 1997. Renumbered from § 60.21 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7508-1.1. Records retention.

A. All records of any adoption finalized in this state shall be maintained for ninety-nine (99) 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.
Added by Laws 1997, c. 366, § 44, eff. Nov. 1, 1997. Amended by Laws 2011, c. 371, § 7, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 10. Children › §10-7509-1.1. Conditions for discharges of infants from medical facilities.

A. It is the public policy of the State of Oklahoma that when an infant will be placed for adoption, a discharge of the infant from a medical facility shall be made as soon after birth as is medically prudent to facilitate the placement that has been arranged.
B. It shall be unlawful for any physician, hospital, or any other person or entity to condition discharge of an infant from a medical facility on the payment of any expense or to require a temporary order from a court before discharging an infant. Upon receipt of a written authorization of the birth mother, a medical facility shall release an infant to the person or agency designated in the written authorization.
C. Any physician, hospital, or any other person or entity that violates the provisions of subsection B of this section shall be liable in a civil action for compensatory and punitive damages, shall be subject to injunctive remedies and a judgment for the payment of an aggrieved person's attorney fees and court costs. In addition, upon proof before any State of Oklahoma licensing board or agency, that any physician, hospital, or other person or entity has violated the provisions of this section, said person's or entity's license or charter to practice a profession or conduct business operations within this state may be suspended.
Added by Laws 1997, c. 366, § 47, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 35, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7509-1.2. Confidential index of birth and adoptive names.

In order to facilitate the updating of medical and social information received pursuant to the Oklahoma Adoption Act and for the operation of the mutual consent voluntary registry and the confidential intermediary search programs, the office of the court clerk in each county of this state shall create a confidential index that cross-references an adoption of a child by both the child's birth name and adoptive name.
Added by Laws 1998, c. 415, § 36, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7509-1.3. Invalidation or revocation of final decree of adoption.

If a person, attorney or licensed child-placing agency is investigated by law enforcement for suspected fraud or trafficking in children, the final decree of adoption shall not be invalidated or revoked. Provided, however, if an adoptive parent is investigated for suspected fraud or trafficking, the final decree of adoption may be invalidated or revoked by the court upon good cause shown.
Added by Laws 2016, c. 74, § 3, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-1.1. Short title.

This act shall be known and may be cited as the "Oklahoma Adoption Assistance Act".
Added by Laws 1982, c. 200, § 1. Amended by Laws 1997, c. 366, § 48, eff. Nov. 1, 1997. Renumbered from § 60.25 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 2002, c. 445, § 10, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-1.2. Definitions.

As used in the Oklahoma Adoption Assistance Act:
1. “Child” means any person who has not attained the age of eighteen (18) years who is in the court-ordered custody of the Department of Human Services or a federally recognized Indian tribe, as defined by the federal Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act; and
2. “Department” means the Oklahoma Department of Human Services.
Added by Laws 1982, c. 200, § 2, eff. Oct. 1, 1982. Amended by Laws 1996, c. 297, § 12, emerg. eff. June 10, 1996. Renumbered from § 60.26 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 2001, c. 434, § 10, emerg. eff. June 8, 2001; Laws 2002, c. 445, § 11, eff. Nov. 1, 2002.
NOTE: Laws 2001, c. 415, § 15 repealed by Laws 2002, c. 22, § 34, emerg. eff. March 8, 2002.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-1.3. Program of assistance for children not eligible for federally funded adoption assistance benefits.

A. The Department of Human Services shall establish and administer an ongoing program of adoption assistance for eligible special needs children in the legal custody of the Department or a federally recognized Indian tribe, as defined by the federal Indian Child Welfare Act and the Oklahoma Indian Child Welfare Act, who are not eligible for federally funded adoption assistance benefits. Adoption assistance benefits under this program shall be provided out of funds appropriated to the Department for the maintenance of children in foster care or made available to it from other sources.
B. Adoption assistance benefits under this program may include Medicaid coverage, a monthly adoption assistance payment, reimbursement of nonrecurring adoption expenses, special services, or any combination of such benefits.
C. To comply with 42 U.S.C., Section 471(a)(14) of the Social Security Act and 45 C.F.R., Section 1356.21(n), the Department shall limit the number of children under the responsibility of the Department, who remain in substitute care for a period over twenty-four (24) months, to no more than thirty percent (30%) of the children in care during any fiscal year.
Added by Laws 1982, c. 200, § 3, eff. Oct. 1, 1982. Amended by Laws 1996, c. 297, § 13, emerg. eff. June 10, 1996. Renumbered from § 60.27 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 37, emerg. eff. June 11, 1998; Laws 2002, c. 445, § 12, eff. Nov. 1, 2002; Laws 2008, c. 159, § 5, emerg. eff. May 12, 2008.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-1.4. Eligibility for adoption assistance - Factors for determination.

A child may be determined by the Department of Human Services to be eligible for adoption assistance pursuant to the Oklahoma Adoption Assistance Act if, in accordance with rules promulgated by the Commission for Human Services, the Department has determined that:
1. The child cannot or should not be returned to the home of his or her parents;
2. There exists a specific factor or condition because of which it is reasonable to conclude that the child cannot be placed for adoption without providing adoption assistance; and
3. A reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance except when it would be against the best interests of the child because of such factors including, but not limited to, the existence of significant emotional ties with prospective adoptive parents while the child was in the care of such parents as a foster child.
Added by Laws 1982, c. 200, § 4, eff. Oct. 1, 1982. Amended by Laws 1996, c. 297, § 14, emerg. eff. June 10, 1996. Renumbered from § 60.28 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 1999, c. 396, § 20, emerg. eff. June 10, 1999; Laws 2002, c. 445, § 13, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-1.6. Denial of assistance - Hearing.

An adoptive parent or parents whose application for adoption assistance on behalf of a child has been denied by the Department of Human Services may request an administrative hearing within thirty (30) days of the date of the denial.
Added by Laws 1982, c. 200, § 6. Renumbered from § 60.30 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 2002, c. 445, § 15, eff. Nov. 1, 2002.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-2.1. Department of Human Services to contract or join with adoption exchange - Information to be provided - Definitions.

A. The Department of Human Services, as funds become available for such purposes, shall contract with or join the Oklahoma Children's Adoption Resources Exchange or any other instate or out-of-state or national adoption exchange for purposes of increasing and promoting the placement and adoption of children who are in the custody of the Department of Human Services and in child-placing agencies.
B. Upon contracting with or joining the Oklahoma Children's Adoption Resources Exchange or any instate or out-of-state or national adoption exchange, the Department and all child-placing agencies shall be required to provide certain information to the Oklahoma Children's Adoption Resource Exchange or any other instate, out-of-state or national adoption exchange specified by the Department.
C. For purposes of the Subsidized Adoption Act:
1. "Adoption exchange" shall include only those exchanges which provide a monthly updated system, containing a photograph or description of each child whose parental rights have been terminated and is legally available for adoption; and
2. "Oklahoma Children's Adoption Resource Exchange" is a private nonprofit corporation incorporated in this state whose membership is composed of child-placing agencies which operates under the direction of a board of directors selected in accordance with the bylaws of the corporation.
Added by Laws 1983, c. 328, § 1, emerg. eff. June 28, 1983. Amended by Laws 1996, c. 297, § 15, emerg. eff. June 10, 1996; Laws 1997, c. 366, § 49, eff. Nov. 1, 1997. Renumbered from § 60.31 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 39, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-2.2. Photograph and description of child to be provided to exchange.

Pursuant to the provisions of Section 60.31 of this title, the Department of Human Services and all child-placing agencies shall be required to provide to the Oklahoma Children's Adoption Resource Exchange or any other instate, out-of-state or national adoption exchange specified by the Department, a recent photograph and description of each child who is legally available for adoption and for whom no adoptive home has been found. Requirements of this section must be completed within ninety (90) days of the date a child has become legally available for adoption or as otherwise required by the adoption exchange.
Added by Laws 1983, c. 328, § 2, emerg. eff. June 28, 1983. Amended by Laws 1996, c. 297, § 16, emerg. eff. June 10, 1996. Renumbered from § 60.32 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-2.3. Exemptions.

The following persons are exempt from the provisions of Sections 7510-2.1 through 7510-2.5 of this title:
1. Children age twelve (12) years or older who do not choose to be adopted pursuant to the Oklahoma Adoption Act;
2. Children for whom permanent placement plans have been made that do not include adoption; for example, permanent placement with relatives or long-term foster care;
3. Children who, because of medical or psychological reasons as determined by a licensed psychiatrist, psychologist or physician, are not ready for adoption;
4. Children who are runaways and whose present location is unknown; and
5. Children who are currently in an adoptive placement, pursuant to Section 7505-6.3 of this title.
Added by Laws 1983, c. 328, § 3, emerg. eff. June 28, 1983. Amended by Laws 1996, c. 297, § 17, emerg. eff. June 10, 1996. Renumbered from § 60.33 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 40, emerg. eff. June 11, 1998.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-2.4. Change in status of child listed by exchange.

Any change in the status of a child listed by the Oklahoma Children's Adoption Resource Exchange or any other instate, out-of-state or national adoption exchange specified by the Department shall be reported by the Department of Human Services or child-placing agency having legal custody of that child to the Oklahoma Children's Adoption Resource Exchange or any other instate, out-of-state or national adoption exchange specified by the Department. The report shall be completed within twenty (20) working days after the change occurs.
Added by Laws 1983, c. 328, § 4, emerg. eff. June 28, 1983. Amended by Laws 1996, c. 297, § 18, emerg. eff. June 10, 1996. Renumbered from § 60.34 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-2.5. Withdrawal of child from register.

A child registered with the Oklahoma Children's Adoption Resource Exchange or any other instate, out-of-state or national adoption exchange as legally adoptable shall be withdrawn from the register when the exchange receives written notification from the agency having legal custody that the child has been placed in an adoptive home.
Added by Laws 1983, c. 328, § 5, emerg. eff. June 28, 1983. Amended by Laws 1996, c. 297, § 19, emerg. eff. June 10, 1996. Renumbered from § 60.35 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-3.1. Short title.

This part may be known and may be cited as the "Compact on Adoption and Medical Assistance".
Added by Laws 1986, c. 126, § 1, emerg. eff. April 11, 1986. Amended by Laws 1997, c. 366, § 50, eff. Nov. 1, 1997. Renumbered from § 61 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7510-3.3. Administration of compact - Rules and regulations.

The Department of Human Services shall be the administrator of the Compact on Adoption and Medical Assistance. The Oklahoma Public Welfare Commission shall promulgate rules and regulations to implement the terms and purposes of this compact.
Added by Laws 1986, c. 126, § 3, emerg. eff. April 11, 1986. Renumbered from § 63 of this title by Laws 1997, c. 366, § 59, eff. Nov. 1, 1997.
2023 Oklahoma Statutes › Title 10. Children › §10-7603. Renumbered as § 2203 of Title 27A by Laws 2006, c. 226, § 6, emerg. eff. June 6, 2006.

§10-7306-2.5. Renumbered as § 2-5-205 of Title 10A by Laws 2009, c. 234, § 188, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-103. Scope of act – Choice of law – Jurisdiction of district and administrative courts.

A. The Uniform Parentage Act applies to determination of parentage in this state.
B. The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does not depend on:
1. The place of birth of the child; or
2. The past or present residence of the child.
C. The Uniform Parentage Act does not create, enlarge, or diminish parental rights or duties under other laws of this state.
D. The district or administrative courts are authorized to adjudicate parentage under the Uniform Parentage Act.
Added by Laws 2006, c. 116, § 4, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-201. Establishment of parent-child relationship.

A. The mother-child relationship is established between a woman and a child by:
1. The woman’s having given birth to the child;
2. Adoption of the child by the woman; or
3. As otherwise provided by law.
B. The father-child relationship is established between a man and a child by:
1. An unrebutted presumption of the man’s paternity of the child under Section 8 of the Uniform Parentage Act;
2. An effective acknowledgment of paternity by the man under Article 3 of the Uniform Parentage Act, unless the acknowledgment has been timely rescinded or successfully challenged;
3. An adjudication of the man’s paternity;
4. Adoption of the child by the man; or
5. As otherwise provided by law.
Added by Laws 2006, c. 116, § 5, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-204. Presumption of paternity.

A. A man is presumed to be the father of a child if:
1. He and the mother of the child are married to each other and the child is born during the marriage;
2. He and the mother of the child were married to each other and the child is born within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, dissolution of marriage or after decree of separation;
3. Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, a decree of separation, or dissolution of marriage;
4. After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:
a.
the assertion is in a record with the State Department of Health, Division of Vital Records or the Department of Human Services,
b.
he agreed to be and is named as the child’s father on the child’s birth certificate, or
c.
he promised in a record to support the child as his own; or
5. For the first two (2) years of the child’s life, he resided in the same household with the child and openly held out the child as his own.
B. A presumption of paternity established under this section may be rebutted only by an adjudication under Article 6 of the Uniform Parentage Act.
Added by Laws 2006, c. 116, § 8, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-302. Requirements of acknowledgment – Void and voidable acknowledgment.

A. An acknowledgment of paternity shall:
1. Be in a record and on the form prescribed by the Department of Human Services pursuant to Section 20 of this act;
2. Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;
3. State that the child whose paternity is being acknowledged:
a.
does not have a presumed father, or has a presumed father whose full name is stated, and
b.
does not have another acknowledged or adjudicated father;
4. State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and
5. State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after two (2) years.
B. An acknowledgment of paternity shall be void if it:
1. States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the State Department of Health, Division of Vital Records; or
2. States that another man is an acknowledged or adjudicated father.
C. An acknowledgment of paternity is voidable if it falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
D. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.
Added by Laws 2006, c. 116, § 10, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-303. Denial of paternity - Validity.

A presumed father may sign a denial of his paternity. The denial is valid only if:
1. An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to Section 20 of this act;
2. The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury;
3. The presumed father has not previously:
a.
acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 15 of this act or successfully challenged pursuant to Section 16 of this act, or
b.
been adjudicated to be the father of the child; and
4. The denial is signed not later than two (2) years after the birth of the child.
Added by Laws 2006, c. 116, § 11, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-304. Execution of acknowledgment and denial – Effective date – Execution by minors.

A. An acknowledgment of paternity and a denial of paternity may be executed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are executed.
B. An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
C. Subject to subsection A of this section, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the execution of the document, whichever occurs later.
D. An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with the Uniform Parentage Act.
Added by Laws 2006, c. 116, § 12, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-305. Effect of acknowledgment or denial.

A. Except as otherwise provided in Sections 15 and 16 of this act, a valid acknowledgment of paternity signed by both parents is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent.
B. Except as otherwise provided in Sections 15 and 16 of this act, a valid denial of paternity by a presumed father when executed in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.
Added by Laws 2006, c. 116, § 13, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-306. No filing fee.

The State Department of Health, Division of Vital Records shall not charge for filing an acknowledgment of paternity, denial of paternity, rescission of acknowledgment of paternity, or rescission of denial of paternity.
Added by Laws 2006, c. 116, § 14, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-307. Rescission of acknowledgment or denial.

A. A signatory may sign a rescission of acknowledgment of paternity or sign a rescission of denial of paternity before the earlier of:
1. Sixty (60) days after the effective date of the acknowledgment; or
2. The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
B. A signatory who was a minor at the time of execution of the acknowledgment may rescind an acknowledgment of paternity within sixty (60) days of reaching the age of eighteen.
Added by Laws 2006, c. 116, § 15, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-308. Proceeding to challenge acknowledgment – Commencement – Burden of proof.

A. After the period for rescission under Section 7700-307 of this title has expired, a signatory of an acknowledgment of paternity may commence a proceeding to challenge the acknowledgment only:
1. On the basis of duress or material mistake of fact within two (2) years after the acknowledgment is executed; or
2. On the basis of fraud at any time in accordance with subsection D of Section 7700-607 of this title.
B. After the period for rescission under Section 7700-307 of this title has expired, a signatory of a denial of paternity may commence a proceeding to challenge the denial only:
1. On the basis of fraud, duress or material mistake of fact; and
2. Within two (2) years after the denial is executed.
C. A party challenging an acknowledgment of paternity or denial of paternity has the burden of proof, which shall be by clear and convincing evidence.
Added by Laws 2006, c. 116, § 16, eff. Nov. 1, 2006. Amended by Laws 2019, c. 151, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-309. Proceeding to challenge acknowledgment or denial – Procedure.

A. Every signatory to an acknowledgment of paternity and any related denial of paternity shall be made a party to a proceeding to challenge the acknowledgment or denial.
B. For the purpose of challenging an acknowledgment of paternity or a denial of paternity, a signatory submits to personal jurisdiction of this state by signing the acknowledgment or denial.
C. Except for good cause shown, during the pendency of a proceeding to challenge an acknowledgment of paternity or denial of paternity, the court shall not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
D. A proceeding to challenge an acknowledgment of paternity or denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Article 6 of the Uniform Parentage Act.
E. At the conclusion of a proceeding to challenge an acknowledgment of paternity or denial of paternity, the court shall order the State Department of Health, Division of Vital Records, to amend the birth record of the child, if appropriate.
Added by Laws 2006, c. 116, § 17, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-311. Full faith and credit.

A court of this state shall give full faith and credit to an acknowledgment of paternity or denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state.
Added by Laws 2006, c. 116, § 19, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-312. Forms for acknowledgment and denial of paternity – Rescission form – Effect of modification of forms.

A. The Department of Human Services shall prescribe forms for the acknowledgment of paternity and the denial of paternity, which shall be filed with the State Department of Health, Division of Vital Records, pursuant to Section 1-311.3 of Title 63 of the Oklahoma Statutes.
B. The rescission of the acknowledgment of paternity shall be prescribed by the Department of Human Services and made available at the same locations as the acknowledgment of paternity form provided for in Section 1-311.3 of Title 63 of the Oklahoma Statutes.
C. A valid acknowledgment of paternity, rescission of acknowledgment of paternity or denial of paternity is not affected by a later modification of the prescribed form.
Added by Laws 2006, c. 116, § 20, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-313. Release of copies of acknowledgment or denial of paternity.

The State Department of Health, Division of Vital Records shall release copies of the acknowledgment of paternity or denial of paternity to a signatory of the acknowledgment or denial and to courts and to the agency designated to administer a statewide plan for child support in accordance with Title IV, Part D, of the Federal Social Security Act, as amended, 42 U.S.C., Section 651 et seq.
Added by Laws 2006, c. 116, § 21, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-501. Scope of article.

This article governs genetic testing of an individual to determine parentage, whether the individual:
1. Voluntarily submits to testing; or
2. Is tested pursuant to an order of the court or the Department of Human Services.
Added by Laws 2006, c. 116, § 23, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-502. Order for genetic testing – Order for in utero testing not allowed.

A. In a civil action in which paternity is a relevant fact and at issue, except as otherwise provided in this Article and Article 6 of the Uniform Parentage Act, the court shall order the child and other designated individuals to submit to genetic testing if the request is made by a party to the proceeding to determine parentage.
B. The Department of Human Services Child Support Enforcement Division may order genetic testing only if there is no presumed, acknowledged, or adjudicated father.
C. If a request for genetic testing of a child is made before birth, the court or the Department of Human Services may not order in utero testing.
D. If two or more men are subject to court-ordered genetic testing, the testing may be ordered concurrently or sequentially.
Added by Laws 2006, c. 116, § 24, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-503. Requirements of testing – Objection to calculation - Retesting.

A. Genetic testing shall be of a type reasonably relied upon by experts in the field of genetic testing and performed in a testing laboratory accredited by:
1. The American Association of Blood Banks, or a successor to its functions;
2. The American Society for Histocompatibility and Immunogenetics, or a successor to its functions; or
3. An accrediting body designated by the federal Secretary of Health and Human Services.
B. A specimen used in genetic testing may consist of one or more samples, or a combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing.
C. Based on the ethnic or racial group of an individual, the testing laboratory shall determine the databases from which to select frequencies for use in calculation of the probability of paternity. If there is disagreement as to the testing laboratory’s choice, the following rules apply:
1. The individual objecting may require the testing laboratory, within thirty (30) days after receipt of the report of the test, to recalculate the probability of paternity using an ethnic or racial group different from that used by the laboratory;
2. The individual objecting to the testing laboratory’s initial choice shall:
a.
if the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies, or
b.
engage another testing laboratory to perform the calculations; and
3. The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any other ethnic or racial group requested.
D. If, after recalculation using a different ethnic or racial group, genetic testing does not conclusively identify a man as the father of a child under Section 27 of this act, an individual who has been tested may be required to submit to additional genetic testing.
Added by Laws 2006, c. 116, § 25, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-504. Report of testing – Chain of custody.

A. A report of genetic testing shall be in a record and signed under penalty of perjury by a designee of the testing laboratory. A report made under the requirements of this Article will be admitted as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.
B. Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain of custody that allows the results of genetic testing to be admissible without testimony:
1. The names and photographs of the individuals whose specimens have been taken;
2. The names of the individuals who collected the specimens;
3. The places and dates the specimens were collected;
4. The names of the individuals who received the specimens in the testing laboratory; and
5. The dates the specimens were received.
Added by Laws 2006, c. 116, § 26, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-505. Identification of father - Rebuttal.

A. Under the Uniform Parentage Act, a man is rebuttably identified as the father of a child if the genetic testing complies with this Article and the results disclose that the man has:
1. At least a ninety-nine-percent probability of paternity, using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing; and
2. A combined paternity index of at least 100 to 1.
B. A man identified under subsection A of this section as the father of the child may rebut the genetic testing results only by other genetic testing satisfying the requirements of this Article which:
1. Excludes the man as a genetic father of the child; or
2. Identifies another man as the possible father of the child.
C. Except as otherwise provided in Section 32 of this act, if more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit to further genetic testing to identify the genetic father.
Added by Laws 2006, c. 116, § 27, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-506. Payment of costs of testing.

A. Subject to assessment of costs under Article 6 of the Uniform Parentage Act, the cost of initial genetic testing shall be advanced by the Department of Human Services in a proceeding in which the Department is providing services.
B. In cases in which the Department of Human Services is not providing services, the cost of initial genetic testing shall be advanced:
1. By the individual who made the request;
2. As agreed by the parties; or
3. As ordered by the court.
C. In cases in which the cost is advanced by the Department of Human Services, the Department may seek reimbursement from a man who is identified as the father.
Added by Laws 2006, c. 116, § 28, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-507. Advance payment for additional testing.

If the previous genetic testing identified a man as the father of the child under Section 27 of this act, the court or the Department of Human Services may not order additional testing unless the party challenging the test provides advance payment for the testing.
Added by Laws 2006, c. 116, § 29, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-508. Specimen from potential father unavailable – Additional sources of specimens for testing.

A. Subject to subsection B of this section, if a genetic-testing specimen is not available from a man who may be the father of a child, for good cause and under circumstances the court considers to be just, the court may order the following individuals to submit specimens for genetic testing:
1. The parents of the man;
2. Brothers and sisters of the man;
3. Other children of the man and their mothers;
4. Other relatives of the man necessary to complete genetic testing; and
5. Any other custodians of genetic material.
B. Issuance of an order under this section requires a finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested.
Added by Laws 2006, c. 116, § 30, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-510. Testing of identical brother – Use of nongenetic evidence.

A. The court may order genetic testing of a brother of a man identified as the father of a child if the man is commonly believed to have an identical brother and evidence suggests that the brother may be the genetic father of the child.
B. If each brother satisfies the requirements as the identified father of the child under Section 27 of this act without consideration of another identical brother being identified as the father of the child, the court may rely on nongenetic evidence to adjudicate which brother is the father of the child.
Added by Laws 2006, c. 116, § 32, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-602. Standing to maintain proceeding.

Subject to Article 3 of the Uniform Parentage Act and Sections 40 and 42 of this act, a proceeding to adjudicate parentage may be maintained by:
1. The child;
2. The mother of the child;
3. A man whose paternity of the child is to be adjudicated;
4. The Department of Human Services; or
5. A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor.
Added by Laws 2006, c. 116, § 35, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-603. Parties to proceeding.

The following individuals may be joined as parties in a proceeding to adjudicate parentage:
1. The mother of the child; and
2. A man whose paternity of the child is to be adjudicated.
Added by Laws 2006, c. 116, § 36, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-604. Personal jurisdiction.

A. An individual may not be adjudicated to be a parent unless the court has personal jurisdiction over the individual.
B. A court of this state having jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in Section 601-201 of Title 43 of the Oklahoma Statutes are fulfilled.
C. Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual over whom the court has personal jurisdiction.
Added by Laws 2006, c. 116, § 37, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 10. Children › §10-7700-605. Venue.

Venue for a proceeding to adjudicate parentage is in the county of this state in which:
1. The child resides or is found;
2. The respondent resides or is found if the child does not reside in this state; or
3. A proceeding for probate or administration of the presumed or alleged father’s estate has been commenced.
Added by Laws 2006, c. 116, § 38, eff. Nov. 1, 2006.