GroundRules
← Search the law
Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 10, § 10-7503-4.1: Temporary orders of custody

Read at publisher ↗
Where this section sits in the code
  1. OK Code
  2. Title 10

A. 1. If a mother of a minor born out of wedlock or a mother

and father of a minor born in wedlock appear before a judge of the

district court prior to the birth of the minor and request that the

court issue a temporary order of custody effective after the birth

of the minor to a child-placing agency licensed in Oklahoma, an

attorney licensed in Oklahoma, or a prospective adoptive parent who

has presented to the court a favorable preplacement home study, the

court may, following the birth of the minor but prior to the

execution of a consent or permanent relinquishment by such parent or

parents, issue an order of temporary custody to the agency or

attorney so designated or, upon review by the judge of the

preplacement home study, to the prospective adoptive parent.

2. A prebirth request by a mother of a minor born out of

wedlock or of the mother and father of a child born in wedlock for

an order of temporary custody shall not be construed to be a consent

to the adoption of the minor or a permanent relinquishment of the

minor.

3. Until such time as a consent or permanent relinquishment is

signed by the mother of a minor born out of wedlock or by both

parents of a minor born in wedlock, pursuant to the Oklahoma

Adoption Code, the mother of the minor born out of wedlock or either

parent of the minor born in wedlock may apply to the court at any

time to vacate the order of temporary custody. Upon such

application, the court shall set aside the temporary custody order

and order that the minor be returned to the parent.

4. The temporary order of custody issued pursuant to this

subsection shall, by its own terms, expire no later than ninety (90)

days after it has been issued by the court. Provided, the court

upon application may grant an extension if, prior to the

application, the mother of a minor born out of wedlock or the mother

and father of a minor born in wedlock have executed a consent or

permanent relinquishment and if the court has jurisdiction to

adjudicate termination of parental rights or adoption proceedings

pursuant to Section 7502-1.1 of this title.

B. 1. After a birth mother of a minor born out of wedlock

executes a consent to adoption or a permanent relinquishment

pursuant to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma

Statutes, the court may issue an order granting temporary custody of

the minor to a child-placing agency licensed in this state, an

attorney licensed in this state or, upon review by the court of the

preplacement home study, to a prospective adoptive parent.

2. After the mother and father of a minor born in wedlock

execute a consent to adoption or permanent relinquishment pursuant

to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma

Statutes, the court may issue an order granting temporary custody of

the minor to a child-placing agency licensed in this state, an

attorney licensed in this state or, upon review by the court of the

preplacement home study, to a prospective adoptive parent.

3. The temporary order of custody issued pursuant to this

subsection shall, by its own terms, expire no later than ninety (90)

days after it has been issued by the court. Provided, the court

upon application may grant an extension if the court has

jurisdiction to adjudicate termination of parental rights or

adoption proceedings pursuant to Section 7502-1.1 of this title.

Collected 2026-09-14T18:32:36Z. Source file · JSON

Browse this collection