{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-7508-1.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-7508-1.3","heading":"Confidential intermediary search program","body":"A. The Department of Human Services shall establish a search\n\nprogram whereby the services of a confidential intermediary who has\n\nbeen certified through the program may be used by eligible persons\n\nlisted in subsection B of this section to locate an adult biological\n\nrelative listed in subsection B of this section with whom contact\n\nhas been lost through adoption or termination of parental rights\n\nproceedings.\n\nB. Subject to the restrictions of subsections C and D of this\n\nsection, the following persons may request a search or be the\n\nsubject of a search through the confidential intermediary search\n\nprogram:\n\n1. An adult adopted person;\n\n2. An adult person who has a parent whose parental rights have\n\nbeen terminated;\n\n3. The legal parent or guardian of any minor or mentally\n\nincompetent child of a deceased adopted person;\n\n4. An adult descendant of a deceased adopted person;\n\n5. The legal parent or guardian of any minor or mentally\n\nincompetent child of a deceased person whose biological parent's\n\nparental rights have been terminated;\n\n6. An adult descendant of a deceased person whose biological\n\nparent's parental rights have been terminated;\n\n7. A biological parent whose parental rights were voluntarily\n\nor involuntarily terminated by court order in an adoption, juvenile,\n\nguardianship, or domestic relations proceeding;\n\n8. An adult biological sibling or biological grandparent of an\n\nadult adopted person or of an adult person who has a parent whose\n\nparental rights have been terminated; and\n\n9. The sibling of a deceased biological parent whose parental\n\nrights were voluntarily or involuntarily terminated by court order\n\nin an adoption, juvenile, guardianship, or domestic relations\n\nproceeding.\n\nC. A search through the confidential intermediary program may\n\nnot be performed on behalf of:\n\n1. Anyone who has not previously registered with the Mutual\n\nConsent Voluntary Registry at least six (6) months prior to\n\nsubmission of the application for services through the confidential\n\nintermediary search program;\n\n2. An adult adopted person who has a minor biological sibling\n\nin the same adoptive family or in an adoptive or foster family or\n\nother placement whose location is known to the adult adopted person;\n\n3. An adult whose biological parent's parental rights have been\n\nterminated and who has a minor biological sibling in the same family\n\nor in an adoptive or foster family or other placement whose location\n\nis known to that adult; or\n\n4. Anyone who has previously initiated a search for a\n\nbiological parent that refused to share identifying information,\n\ncommunicate, or meet, and who initiates a subsequent search for a\n\nbiological relative of that biological parent.\n\nD. If a biological relative of an adopted person, other than a\n\nbiological parent, applies to initiate a search or is the subject of\n\na search, the administrator of the confidential intermediary search\n\nprogram shall ascertain from the State Registrar of Vital Statistics\n\nwhether an affidavit of nondisclosure by a biological parent of the\n\nadopted person is on file. If such an affidavit is filed with the\n\nState Registrar and has not been revoked, the administrator of the\n\nsearch program shall decline to initiate a search at the request of\n\nor for any biological relative of the parent who filed the affidavit\n\nof nondisclosure, unless the person initiating the search can\n\nprovide satisfactory proof that the biological parent who filed the\n\naffidavit of nondisclosure is deceased.\n\nE. The Department of Human Services shall administer, directly\n\nor through a contractor, the confidential intermediary search\n\nprogram. The Department of Human Services shall adopt rules and\n\nprocedures necessary to implement the search program, including but\n\nnot limited to the qualifications, minimum standards for training\n\nand certification, and standards of conduct for a confidential\neceased.\n\nE. The Department of Human Services shall administer, directly\n\nor through a contractor, the confidential intermediary search\n\nprogram. The Department of Human Services shall adopt rules and\n\nprocedures necessary to implement the search program, including but\n\nnot limited to the qualifications, minimum standards for training\n\nand certification, and standards of conduct for a confidential\n\nintermediary. A person shall not act as a confidential intermediary\n\nunless the person has completed the training required by the\n\nDepartment of Human Services, signed and filed an oath of\n\nconfidentiality with the Department of Human Services, and possesses\n\na confidential intermediary certificate issued by the Department of\n\nHuman Services.\n\nF. The Department of Human Services shall develop an oath of\n\nconfidentiality, which must be signed under penalty of perjury by\n\neach prospective confidential intermediary prior to receiving\n\ncertification. In the oath, the intermediary shall affirm that:\n\n1. The intermediary has completed the requisite training for a\n\nconfidential intermediary as required by the Department of Human\n\nServices;\n\n2. The intermediary will not disclose to anyone, directly or\n\nindirectly, identifying or confidential information in the records\n\nor otherwise obtained through the intermediary's participation in\n\nthe search program, except under the conditions specified in this\n\nsection;\n\n3. The intermediary will conduct a reasonable search for an\n\nindividual being sought and make a discreet and confidential inquiry\n\nas to whether the individual consents to release of identifying\n\ninformation or medical information or to meeting or communicating\n\nwith the individual initiating the search, and will report back to\n\nthe administrator of the program the results of the intermediary's\n\nsearch and inquiry;\n\n4. If the individual initiating the search and the individual\n\nbeing sought consent in writing to meet or to communicate with each\n\nother, the intermediary will act in accordance with the instructions\n\nof the administrator of the program to facilitate any meeting or\n\ncommunication between them;\n\n5. The intermediary will not accept any fee or compensation for\n\nthe intermediary's services except as authorized by the\n\nadministrator of the search program and the Oklahoma Statutes; and\n\n6. The intermediary recognizes that unauthorized release of\n\ninformation is a violation of this section and Section 7505-1.1 of\n\nthis title and may subject the intermediary to a fine or\n\nimprisonment or both, to civil liability, and to loss of\n\ncertification as a confidential intermediary.\n\nG. 1. After an eligible person described in subsection B of\n\nthis section has:\n\na. completed an application to initiate a search,\n\nb. provided satisfactory proof of identity to the\n\nadministrator of the program, and\n\nc. paid the fee established by the Department of Human\n\nServices for initiating a search,\n\nthe administrator of the search program shall assign the search to a\n\nconfidential intermediary certified by the Department of Human\n\nServices.\n\n2. The confidential intermediary shall be permitted to inspect:\n\na. all court records relevant to the adoption or\n\ntermination of parental rights proceeding,\n\nb. the original certificate of birth, or other sealed\n\nadoption records, and other relevant records, if any,\n\nin the possession of the State Registrar of Vital\n\nStatistics, and\n\nc. all relevant records in the possession of the\n\nDepartment of Human Services.\n\n3. The confidential intermediary must present to the custodians\n\nof such records documentary proof of the intermediary's\n\ncertification and the referral form from the administrator of the\n\nsearch program prior to obtaining access to any of these records.\n\n4. The confidential intermediary may also inspect records in\n\nthe possession of a private adoption agency or a private attorney,\n\nbut only if the private agency or attorney voluntarily agrees to\nhe custodians\n\nof such records documentary proof of the intermediary's\n\ncertification and the referral form from the administrator of the\n\nsearch program prior to obtaining access to any of these records.\n\n4. The confidential intermediary may also inspect records in\n\nthe possession of a private adoption agency or a private attorney,\n\nbut only if the private agency or attorney voluntarily agrees to\n\ncooperate and permits the examination.\n\n5. The confidential intermediary shall keep confidential all\n\ninformation obtained during the course of the investigation, except\n\nas disclosure is permitted by this section.\n\nH. 1. If the confidential intermediary is able to locate the\n\nsubject of the search, the confidential intermediary shall make a\n\ndiscreet and confidential inquiry as to whether the person who is\n\nthe subject of the search will consent to share identifying\n\ninformation, communicate, or meet with the person who initiated the\n\nsearch.\n\n2. The inquiry to the person who is the subject of the search\n\nshall be by personal and confidential contact. The inquiry shall be\n\nmade without disclosing the identifying information about the person\n\nwho initiated the search.\n\n3. If the person who is the subject of the search is willing to\n\nshare identifying information, communicate, or meet with the person\n\nwho initiated the search, the confidential intermediary shall obtain\n\nthis consent in writing, in a document that is dated and signed by\n\nthe subject of the search.\n\n4. If the person who is the subject of the search is not\n\nwilling to share identifying information, meet, or communicate with\n\nthe person who initiated the search, the confidential intermediary\n\nshall attempt to obtain any nonidentifying medical or social history\n\ninformation that has been requested by the person who has initiated\n\nthe search.\n\n5. If the confidential intermediary discovers the subject of\n\nthe search is deceased, the confidential intermediary shall include\n\nthis information and, if the deceased subject is a biological\n\nparent, shall include the identity of the biological parent in the\n\nwritten report.\n\nI. 1. Any written consent and nonidentifying information\n\nobtained by the confidential intermediary, along with a written\n\nreport of the results of the intermediary's search and inquiry,\n\nshall be transmitted to the administrator of the confidential\n\nintermediary program.\n\n2. If the confidential intermediary is unable to locate the\n\nsubject of the search, the intermediary shall report this to the\n\nadministrator of the program and include in this written report a\n\ndescription of the search efforts.\n\n3. If the confidential intermediary discovers that the identity\n\nof the biological father was unknown or not revealed by the\n\nbiological mother, the confidential intermediary shall also include\n\nthis information in the written report.\n\nJ. 1. Upon receipt of the report of the confidential\n\nintermediary, the administrator of the search program shall contact\n\nthe person who initiated the search.\n\n2. If the subject of the search agreed to share identifying\n\ninformation, communicate, or meet, the administrator shall relay\n\nthis information and obtain the written consent of the person who\n\ninitiated the search before arranging the sharing of identifying\n\ninformation, communication, or meeting between them.\n\n3. Upon receiving the written consent of both the initiator and\n\nthe subject of the search, the administrator may utilize the\n\nservices of the confidential intermediary to facilitate a\n\ncommunication or meeting.\n\n4. If nonidentifying medical or social history information was\n\nobtained, the administrator shall provide a copy of the\n\nnonidentifying information to the person who initiated the search.\n\nIf the intermediary was unable to locate the subject of the search\n\nor the subject is deceased or did not consent to exchange\nlitate a\n\ncommunication or meeting.\n\n4. If nonidentifying medical or social history information was\n\nobtained, the administrator shall provide a copy of the\n\nnonidentifying information to the person who initiated the search.\n\nIf the intermediary was unable to locate the subject of the search\n\nor the subject is deceased or did not consent to exchange\n\nidentifying information, communicate, or meet, the administrator\n\nshall share that information with the initiator of the search.\n\n5. If the subject of the search is a biological parent who is\n\ndeceased, the administrator shall provide the initiator of the\n\nsearch with any identifying information available regarding the\n\ndeceased biological parent, if the initiator of the search consents\n\nin writing to receive the information.\n\nK. If the initiator of a search subsequently applies to the\n\ncourt for an order allowing the release of identifying information\n\nfor good cause shown, after the subject of the search has refused to\n\nshare identifying information, communicate, or meet, the initiator\n\nshall advise the court in such person's motion of the results of the\n\nsearch. Upon the request of the court, the administrator of the\n\nprogram shall disclose to the court the report of the confidential\n\nintermediary regarding the results of the search, including any\n\ninformation about why the subject of the search objected to\n\ndisclosure or contact.\n\nL. Any information obtained by a confidential intermediary\n\nduring the course of such person's investigation shall be kept\n\nstrictly confidential and shall be disclosed and utilized only in\n\nthe manner permitted by this section.\n\nM. Any person who discloses information obtained during the\n\ncourse of a search performed under this section in violation of this\n\nact shall be guilty of a misdemeanor and shall be fined up to Five\n\nThousand Dollars ($5,000.00) or imprisoned for a period of six (6)\n\nmonths or both.\n\nN. Any reports and other information collected as a result of a\n\nsearch performed under this section shall be retained by the\n\nadministrator of the search program for twenty-two (22) years\n\nfollowing the date of the initial application for the search.\n\nO. The Department may charge the person who initiates the\n\nsearch for the actual expenses incurred in providing the service\n\nrequested under this section and a reasonable fee for compensation\n\nof the confidential intermediary and the administration of this\n\nprogram.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ff5def4b46102379ee3d8ef89532b66d49733f01054955422f6445bb3b22300a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-7508-1.2","next":"us-ok/okla.-stat.-tit.-10-10-7509-1.1"},"notice":"GroundRules: Original legal text. Not legal advice."}