ADOPTIVE PARENTS
 
Under Oklahoma law, a husband and wife jointly may adopt if both spouses are at least twenty-one (21) years of age.  A married person who is at least twenty-one (21) years of age and who is legally separated may adopt as a single person.  A single, unmarried person who is at least twenty-one (21) years of age may adopt as an individual.  Also, a stepparent may adopt the child of the spouse.  See Okla. Stat. tit. 10, § 7503-1.1. 
 
In adoptions performed through an adoption agency, the birth parents generally may select the adoptive parent or ask the agency to choose the adoptive parents for the child.  In an independent adoption, birth mother or both birth parents usually select the adoptive parents.  In an adoption in which the child is in the custody of a public agency, either the public agency or the court selects the adoptive parents for the child.  See Okla. Stat. tit. 10, § 7503-2.1.
 
Oklahoma law requires that a complete Medical and Social History Report be completed and provided to the prospective adoptive parents.  See Okla. Stat. tit. 10, § 7504-1.1.  The report must be provided "as soon as practicable" to the adoptive parents before the first meeting with the child and before accepting custody of the child.  See Okla. Stat. tit. 10, § 7504-1.2.  The report contains non-identifying medical, dental, and psychological records and a medical history of any illnesses of the birth parent and biological relatives.  It additionally contains information regarding the consumption of drugs or alcohol by the mother and exposure to toxic substances and infectious diseases during the pregnancy as well as educational and social background information.  This information is typically complied by the adoption agency or the attorney handling the adoption.  This information must be filed with the court before the adoption can be finalized.  See Okla. Stat. tit. 10, § 7505-6.2.  The birth parent, adoption agency, or attorney may file additional information with the court if further information about the social and medical history of the child is later discovered.
 
In order to ensure that the adoptive parents are fit to adopt, the prospective adoptive parents must complete a home study which shall include information about their suitability as adoptive parents and a must contain a positive recommendation by the adoptive agency or home study provider.  The home study is required to be  completed prior to the adoptive parents taking custody of the child.  The home study includes verification of marital status, employment, finances, health, access to health care, and that the home is a safe environment for a child.  Additionally, each adult over the age of 18 residing in the home must have a criminal background check and a child abuse registry.  If deemed appropriate, the court may require additional information.   See Okla. Stat. tit. 10, § 7505-5.1 et. seq.   
 
If a prospective adoptive parent has a conviction for certain felonies within five years preceding the adoption, the adoption may only proceed upon a showing by clear and convincing evidence that the child will not be placed at risk by the placement.  Additionally, the prospective adoptive parent must have a positive recommendation by the home study provider.  No one who is subject to being registered with the Oklahoma Sex Offenders Registry may be allowed to adopt a child.  See Okla. Stat. tit. 10, § 7505-5.1.   
 
With the permission of the birth mother, it is possible for the prospective adoptive parents to have the child placed with them prior to the court procedures.  Additionally, some courts may order temporary custody in favor of the prospective adoptive parents, although this is not required.   See Okla. Stat. tit. 10, § 7503-4.1.  It is common practice to require adoptive parents execute a document acknowleding the risk that the child may be returned to the birth parents if the birth parents change their mind.  If the child will be placed in another state other than Oklahoma and the adoptive family lives outside of Oklahoma, the adoptive family may have physical custody of the child but must not remove the child from Oklahoma until permission and approval of the Interstate Compact on the Placement of Children has been received.  See Okla. Stat. tit. 10, § 571, et. seq.
 
During the adoption process, it is not uncommon for adoptive parents to make informal promises regarding future communications between the child and the birth parents.  Under the Oklahoma Adoption Code, however, such promises are not enforceable as all legal rights of the birth parents, including all rights to communication, are completely extinguished by the adoption.  At the conclusion of the adoption process, the adoptive parents have complete and total control over who has communications and contact with the child.  See Okla. Stat. tit. 10, § 7505-6.5.  The only exception to this rule is if the child has resided with the birth parent or a birth relative after birth and the court has issued an order approving a voluntary plan agreed between the adoptive parents and the birth parent or birth relatives as to contact and communication.  See Okla. Stat. tit. 10, § 7505-1.5.  Once an adopted child reaches 18 years of age and has no other adopted siblings under the age of 18, he or she may request a copy of their original birth certificate, unless a birth parent has filed an unrevoked Affidavit of Non-Disclosure.  See Okla. Stat. tit. 10, § 7503-2.5 and 7505-6.6. 
 
The birth parent must provide certain information to the adoptive parents.  The information must include medical, social, and psychologial history, gynecological and obstetric history of the mother, consumption of drugs or alcohol by the mother, exposure to toxic substances and physical characteristics, medical and physhological history of relatives, hereditary predispositions, whether the parents are related, and a history of sexually transmitted diseases.  Addtionally, circumstances leading to the adoption, criminal conviction of abuse, neglect, abandonment of the child, sibling, or other biological parents must also be included.  This information is generally included in the Medical and Social History Report which is on a form prescribed by the Department of Health and Human Services.  The adoption agency or attorney is required to attempt to obtain this information, but the law does not force the birth parent to provide it.  See Okla. Stat. tit. 10, § 7504.1.1.
 
After the court proceedings, there is typically an "interlocutory" period of six months between the filing of the adoption petition and the issuing of the final decree of adoption.  During this time, the adoption agency or home study provider must make a visit to the adoptive parents' home, observe the child, and make a report to the court.  See Okla. Stat. tit. 10, § 7505-5.3.  This interlocutory period may be waived in whole or in part if the court finds it is in the best interests of the child.
 
The adoption becomes "final" when the court issues a final decree of adoption.  The final decree of adoption is typically not entered within six months of the filing of the petition for adoption.
 
 
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