{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-813","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-813","heading":"Postadoption agreements with birth relatives","body":"A. 1. When the court, pursuant to Section 1-4-812 of this\n\ntitle, finds that a deprived child should be placed for adoption,\n\nnothing in the adoption laws of this state shall be construed to\n\nprevent the petitioners for adoption of the child from voluntarily\n\nentering into a written agreement with the birth relatives,\n\nincluding a birth parent, to permit postadoption contact between the\n\nbirth relatives and the child. The postadoption contact agreement\n\nshall be issued by the court in a separate instrument at the time an\n\nadoption decree is entered if the court finds the agreement is\n\nvoluntary, does not pose a threat to the safety of the child, and is\n\nin the best interests of the child.\n\n2. For purposes of this section, \"birth relative\" means a\n\nparent, stepparent, grandparent, great-grandparent, sibling, uncle\n\nor aunt of a minor adoptee. This relationship may be by blood or\n\nmarriage, provided a sibling relationship may be by whole or half\n\nblood, marriage, or affinity through a common legal or biological\n\nparent. For an Indian child, birth relative includes members of the\n\nextended family as defined by the laws or customs of the Indian\n\nchild's tribe or, in the absence of laws or customs, shall be a\n\nperson who has reached eighteen (18) years of age and who is the\n\nIndian child’s great-grandparent, grandparent, aunt or uncle,\n\nbrother or sister, brother-in-law or sister-in-law, niece, nephew,\n\nor first or second cousin or stepparent, as provided in the Indian\n\nChild Welfare Act, United States Code, Title 25, Section 1903.\n\n3. If a child who is separated from a sibling is ordered to be\n\nplaced for adoption, the court shall order that the Department shall\n\ntake all of the following steps to facilitate ongoing sibling\n\ncontact or visitation:\n\na. provide information to prospective adoptive parents\n\nabout the importance of sibling relationships to the\n\nadopted child and counseling on methods for\n\nmaintaining sibling relationships,\n\nb. provide prospective adoptive parents with information\n\nabout siblings of the child; provided, the address\n\nwhere the siblings reside shall not be disclosed\n\nunless authorized by a court order for good cause\n\nshown, and\n\nc. encourage prospective adoptive parents to make a plan\n\nfor facilitating postadoptive contact between the\n\nchild who is the subject of a petition for adoption\n\nand any siblings of that child.\n\n4. The terms of the postadoption agreement executed under this\n\nsection shall be limited to, but need not include, the following if\n\nthe child has an existing relationship with the birth relative:\n\na. provisions for visitation between the child and the\n\nbirth relatives,\n\nb. provisions for contact between birth relatives and the\n\nchild or an adoptive parent, or both,\n\nc. provisions for the adoptive parent to facilitate\n\nsibling contact or visitation, and\n\nd. provisions for the sharing of information about the\n\nchild.\n\n5. The terms of any postadoption agreement shall be limited to\n\nthe sharing of information about the child if the child did not have\n\nan existing relationship with the birth relative.\n\nB. 1. A postadoption agreement is not legally enforceable\n\nunless the terms of the agreement are contained in a written court\n\norder entered in accordance with this section.\n\n2. An order must be sought and shall be filed in the adoption\n\naction. The order shall be issued by separate instrument at the\n\ntime an adoption decree is entered.\n\n3. The court shall not enter a proposed order unless the terms\n\nof the order have been approved in writing by the prospective\n\nadoptive parents, the birth relative who desires to be a party to\n\nthe agreement, the child, if twelve (12) years of age or older, and,\n\nif the child is in the custody of the Department of Human Services,\n\na representative of the Department. The child shall be represented\n\nby an attorney for purposes of consent to the postadoption\n\nagreement.\norder have been approved in writing by the prospective\n\nadoptive parents, the birth relative who desires to be a party to\n\nthe agreement, the child, if twelve (12) years of age or older, and,\n\nif the child is in the custody of the Department of Human Services,\n\na representative of the Department. The child shall be represented\n\nby an attorney for purposes of consent to the postadoption\n\nagreement.\n\n4. The postadoption agreement approved by the court regarding\n\nsibling contact or visitation shall be provided by the Department to\n\nthe adoptive parent or parents, foster parent, relative caretaker,\n\nlegal guardian of the child and siblings or others as necessary to\n\nfacilitate the sibling contact or visitation.\n\nC. Failure to comply with the terms of the postadoption\n\nagreement as ordered by the court pursuant to this section shall not\n\nbe grounds for:\n\n1. Setting aside an adoption decree;\n\n2. Revocation of a written consent to an adoption after that\n\nconsent has become irrevocable;\n\n3. An action for citation of indirect contempt of court; and\n\n4. Preventing the adoptive parent or parents of the child from\n\nchanging residence within or outside the state.\n\nD. 1. Although the entry of the decree of adoption terminates\n\nthe jurisdiction of the juvenile court over the child, the\n\nenforcement of the postadoption agreement and subsequent order shall\n\nbe under the continuing jurisdiction of the court granting the\n\npetition for adoption.\n\n2. The court may not order compliance with the agreement absent\n\na finding that the party seeking the enforcement participated in\n\ngood faith in mediation or other appropriate dispute resolution\n\nproceedings regarding the conflict prior to the filing of the\n\nenforcement action, and that the enforcement is in the best\n\ninterests of the child. Documentary evidence or offers of proof may\n\nserve as the basis for the court’s decision regarding enforcement.\n\nNo testimony or evidentiary hearing shall be required.\n\n3. The prevailing party may be awarded reasonable attorney fees\n\nand costs. All costs and fees of mediation or other appropriate\n\ndispute resolution proceedings shall be borne by each party,\n\nexcluding the child.\n\nE. A postadoption agreement may be modified or terminated only\n\nif the court finds that the modification or termination is necessary\n\nto serve the best interests of the child, and is agreed to by all\n\nparties, including the child if the child is twelve (12) years of\n\nage or older at the time of the requested modification or\n\ntermination.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"68c53dac669f03ba0e954c7aff912054056670933c794a68d23ab2023a938595","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-812","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-814"},"notice":"GroundRules: Original legal text. Not legal advice."}