§ 1-4-813. Postadoption agreements with birth relatives
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code
10A Okl.St.Ann. § 1-4-813
§ 1-4-813. Postadoption agreements with birth relatives
A. 1. When the court, pursuant to Section 1-4-812 of this title, finds that a deprived child should be placed for adoption, nothing in the adoption laws of this state shall be construed to prevent the petitioners for adoption of the child from voluntarily entering into a written agreement with the birth relatives, including a birth parent, to permit postadoption contact between the birth relatives and the child. The postadoption contact agreement shall be issued by the court in a separate instrument at the time an adoption decree is entered if the court finds the agreement is voluntary, does not pose a threat to the safety of the child, and is in the best interests of the child.
2. For purposes of this section, “birth relative” means a parent, stepparent, grandparent, great-grandparent, sibling, uncle or aunt of a minor adoptee. This relationship may be by blood or marriage, provided a sibling relationship may be by whole or half blood, marriage, or affinity through a common legal or biological parent. For an Indian child, birth relative includes members of the extended family as defined by the laws or customs of the Indian child's tribe or, in the absence of laws or customs, shall be a person who has reached eighteen (18) years of age and who is the Indian child's great-grandparent, grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece, nephew, or first or second cousin or stepparent, as provided in the Indian Child Welfare Act, United States Code, Title 25, Section 1903.
3. The court shall not enter a proposed order unless the terms of the order have been approved in writing by the prospective adoptive parents, the birth relative who desires to be a party to the agreement, the child, if twelve (12) years of age or older, and, if the child is in the custody of the Department of Human Services, a representative of the Department. The child shall be represented by an attorney for purposes of consent to the postadoption agreement.
4. The postadoption agreement approved by the court regarding sibling contact or visitation shall be provided by the Department to the adoptive parent or parents, foster parent, relative caretaker, legal guardian of the child and siblings or others as necessary to facilitate the sibling contact or visitation.
2. The court may not order compliance with the agreement absent a finding that the party seeking the enforcement participated in good faith in mediation or other appropriate dispute resolution proceedings regarding the conflict prior to the filing of the enforcement action, and that the enforcement is in the best interests of the child. Documentary evidence or offers of proof may serve as the basis for the court's decision regarding enforcement. No testimony or evidentiary hearing shall be required.
is agreed to by
all parties, including the child if the child is twelve (12) years of age or older at the time of the requested modification or termination.
Credits
Laws 1998, c. 421, § 23, emerg. eff. June 11, 1998; Laws 2000, c. 374, § 21, eff. July 1, 2000. Renumbered from Title 10, § 7003-5.6f and amended by Laws 2009, c. 233, §§ 45, 259, emerg. eff. May 21, 2009.
10A Okl. St. Ann. § 1-4-813, OK ST T. 10A § 1-4-813
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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