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0 chapters · 383 sections in this title.
10 O.S. § 7509-1.3 Invalidation or revocation of final decree of
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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 suspe…
10 O.S. § 7510-1.1 Short title
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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…
10 O.S. § 7510-1.2 Definitions
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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 …
10 O.S. § 7510-1.3 Program of assistance for children not eligible for
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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 define…
10 O.S. § 7510-1.4 Eligibility for adoption assistance - Factors for
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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: …
10 O.S. § 7510-1.5 Written agreement - Commencement of assistance -
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Amount - Preexisting condition - Periodic certification - Termination or modification - Continued eligibility regardless of residence. A. 1. When a parent or parents are found and approved for adoption of a child who is determined by the Department of Human Services to be eligibl…
10 O.S. § 7510-1.6 Denial of assistance - Hearing
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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 fr…
10 O.S. § 7510-2.1 Department of Human Services to contract or join with
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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 adopti…
10 O.S. § 7510-2.2 Photograph and description of child to be provided to
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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…
10 O.S. § 7510-2.3 Exemptions
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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 mad…
10 O.S. § 7510-2.4 Change in status of child listed by exchange
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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 leg…
10 O.S. § 7510-2.5 Withdrawal of child from register
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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 custo…
10 O.S. § 7510-3.1 Short title
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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…
10 O.S. § 7510-3.2 Compact on Adoption and Medical Assistance
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This Compact on Adoption and Medical Assistance, hereinafter called "the compact", is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: ARTICLE I. FINDINGS The party states find that: (1) In order t…
10 O.S. § 7510-3.3 Administration of compact - Rules and regulations
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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…
10 O.S. § 7700-101 Short title
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Sections 2 through 58 of this act shall be known and may be cited as the “Uniform Parentage Act”. Added by Laws 2006, c. 116, § 2, eff. Nov. 1, 2006.
10 O.S. § 7700-102 Definitions
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For purposes of the Uniform Parentage Act: 1. "Acknowledged father" means a man who has established a father-child relationship by signing an acknowledgment of paternity under Article 3 of the Uniform Parentage Act; 2. "Adjudicated father" means a man who has been adjudicated by …
10 O.S. § 7700-103 Scope of act – Choice of law – Jurisdiction of
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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 ch…
10 O.S. § 7700-201 Establishment of parent-child relationship
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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:…
10 O.S. § 7700-202 Equal rights of marital and nonmarital children
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A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. Added by Laws 2006, c. 116, § 6, eff. Nov. 1, 2006.
10 O.S. § 7700-203 Application of established parent-child relationship
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Unless parental rights are terminated, a parent-child relationship established under the Uniform Parentage Act applies for all purposes, except as otherwise provided by the laws of this state. Added by Laws 2006, c. 116, § 7, eff. Nov. 1, 2006.
10 O.S. § 7700-204 Presumption of paternity
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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…
10 O.S. § 7700-301 Voluntary acknowledgment of paternity
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The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity. Added by Laws 2006, c. 116, § 9, eff. Nov. 1, 2006.
10 O.S. § 7700-302 Requirements of acknowledgment – Void and voidable
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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…
10 O.S. § 7700-303 Denial of paternity - Validity
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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 authentic…
10 O.S. § 7700-304 Execution of acknowledgment and denial – Effective
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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 pa…
10 O.S. § 7700-305 Effect of acknowledgment or denial
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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 o…
10 O.S. § 7700-306 No filing fee
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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.
10 O.S. § 7700-307 Rescission of acknowledgment or denial
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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…
10 O.S. § 7700-308 Proceeding to challenge acknowledgment – Commencement
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– 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 (…
10 O.S. § 7700-309 Proceeding to challenge acknowledgment or denial –
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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 signat…
10 O.S. § 7700-310 Ratification of unchallenged acknowledgment
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prohibited. A court or administrative agency conducting a judicial or administrative proceeding is not required or permitted to ratify an unchallenged acknowledgment of paternity. Added by Laws 2006, c. 116, § 18, eff. Nov. 1, 2006.
10 O.S. § 7700-311 Full faith and credit
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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, §…
10 O.S. § 7700-312 Forms for acknowledgment and denial of paternity –
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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…
10 O.S. § 7700-313 Release of copies of acknowledgment or denial of
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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 s…
10 O.S. § 7700-314 Rules
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The Department of Human Services shall promulgate and adopt rules to implement the provisions of this Article. Added by Laws 2006, c. 116, § 22, eff. Nov. 1, 2006.
10 O.S. § 7700-501 Scope of article
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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.
10 O.S. § 7700-502 Order for genetic testing – Order for in utero
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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 …
10 O.S. § 7700-503 Requirements of testing – Objection to calculation -
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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 Histoco…
10 O.S. § 7700-504 Report of testing – Chain of custody
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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…
10 O.S. § 7700-505 Identification of father - Rebuttal
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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, …
10 O.S. § 7700-506 Payment of costs of testing
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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 Se…
10 O.S. § 7700-507 Advance payment for additional testing
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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 2…
10 O.S. § 7700-508 Specimen from potential father unavailable –
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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 fol…
10 O.S. § 7700-509 Testing of deceased individual
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For good cause shown, the court may order genetic testing of a deceased individual. Added by Laws 2006, c. 116, § 31, eff. Nov. 1, 2006.
10 O.S. § 7700-510 Testing of identical brother – Use of nongenetic
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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 …
10 O.S. § 7700-511 Release of genetic test report
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Release of the report of genetic testing for parentage is controlled by Section 237 of Title 56 of the Oklahoma Statutes. Added by Laws 2006, c. 116, § 33, eff. Nov. 1, 2006.
10 O.S. § 7700-601 Proceeding authorized
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A civil proceeding may be maintained to adjudicate the parentage of a child. The proceeding is governed by the applicable rules prescribed by the Code of Civil Procedure of the State of Oklahoma. Added by Laws 2006, c. 116, § 34, eff. Nov. 1, 2006.
10 O.S. § 7700-602 Standing to maintain proceeding
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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 Servic…
10 O.S. § 7700-603 Parties to proceeding
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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.