{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-866","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-866","heading":"Elements of offense","body":"A. 1. The crime of trafficking in children is defined to\n\nconsist of any of the following acts or any part thereof:\n\na. the acceptance, solicitation, offer, payment or\n\ntransfer of any compensation, in money, property or\n\nother thing of value, at any time, by any person in\n\nconnection with the acquisition or transfer of the\n\nlegal or physical custody or adoption of a minor\n\nchild, except as ordered by the court or except as\n\notherwise provided by Section 7505-3.2 of Title 10 of\n\nthe Oklahoma Statutes,\n\nb. the acceptance or solicitation of any compensation, in\n\nmoney, property or other thing of value, by any person\n\nor organization for services performed, rendered or\n\npurported to be performed to facilitate or assist in\n\nthe adoption or foster care placement of a minor\n\nchild, except by the Department of Human Services, a\n\nchild-placing agency licensed in Oklahoma pursuant to\n\nthe Oklahoma Child Care Facilities Licensing Act, or\n\nan attorney authorized to practice law in Oklahoma.\n\nThe provisions of this paragraph shall not prohibit an\n\nattorney licensed to practice law in another state or\n\nan out-of-state licensed child-placing agency from\n\nreceiving compensation when working with an attorney\n\nlicensed in this state who is, or when working with a\n\nchild-placing agency licensed in this state which is,\n\nproviding adoption services or other services\n\nnecessary for placing a child in an adoptive\n\narrangement,\n\nc. bringing or causing to be brought into this state or\n\nsending or causing to be sent outside this state any\n\nchild for the purpose of placing such child in a\n\nfoster home or for the adoption thereof and thereafter\n\nrefusing to comply upon request with the Interstate\n\nCompact on the Placement of Children. Provided,\n\nhowever, that this provision shall have no application\n\nto the parent or guardian of the child nor to a person\n\nbringing said child into this state for the purpose of\n\nadopting the child into such person's own family,\n\nd. the solicitation or receipt of any money or any other\n\nthing of value for expenses related to the placement\n\nof a child for the purpose of an adoption by the birth\n\nparent of the child who at the time of the\n\nsolicitation or receipt had no intent to consent to\n\neventual adoption,\n\ne. the solicitation or receipt of any money or any other\n\nthing of value for expenses related to the placement\n\nof a child for adoption by a woman who knows she is\n\nnot pregnant but who holds herself out to be pregnant\n\nand offers to place a child upon birth for adoption,\n\nf. (1) the receipt of any money or any other thing of\n\nvalue for expenses related to the placement of a\n\nchild for adoption by a birth parent, child-\n\nplacing agency or attorney who receives, from one\n\nor more parties, any money or any other thing of\n\nvalue without disclosing to each prospective\n\nadoptive parent, child-placing agency, and\n\nattorney the receipt of any money or any other\n\nthing of value immediately upon receipt,\ny or any other thing of\n\nvalue for expenses related to the placement of a\n\nchild for adoption by a birth parent, child-\n\nplacing agency or attorney who receives, from one\n\nor more parties, any money or any other thing of\n\nvalue without disclosing to each prospective\n\nadoptive parent, child-placing agency, and\n\nattorney the receipt of any money or any other\n\nthing of value immediately upon receipt,\n\n(2) the solicitation or receipt of any money or any\n\nother thing of value by a birth parent, an\n\nattorney or child-placing agency for expenses\n\nrelated to the placement of a child for the\n\npurpose of adoption from more than one\n\nprospective adoptive family for the adoption of\n\none child. A birth parent, child-placing agency\n\nor attorney shall not represent that a child is,\n\nor will be, available for adoption to more than\n\none prospective adoptive family at one time,\n\ng. advertising of services for compensation to assist\n\nwith or effect the placement of a child for adoption\n\nor for care in a foster home by any person or\n\norganization except by the Department of Human\n\nServices, or a child-placing agency licensed in this\n\nstate. Nothing in this paragraph shall prohibit an\n\nattorney authorized to practice law in Oklahoma from\n\nthe advertisement of legal services related to the\n\nadoption of children, and\n\nh. advertisements for and solicitation of a woman who is\n\npregnant to induce her to place her child upon birth\n\nfor adoption, except by a child-placing agency\n\nlicensed in this state or an attorney authorized to\n\npractice law in Oklahoma. Nothing in this section\n\nshall prohibit a person from advertising to solicit a\n\npregnant woman to consider adoptive placement with the\n\nperson or to locate a child for an adoptive placement\n\ninto the person's own home, provided that such person\n\nhas received a favorable preplacement home study\n\nrecommendation in accordance with Section 7505-5.1 of\n\nTitle 10 of the Oklahoma Statutes, which shall be\n\nverified by the signed written statement of the person\n\nor agency which performed the home study, and provided\n\nthat no money or other thing of value is offered as\n\npart of such an inducement except as ordered by the\n\ncourt or except as otherwise provided by Section 7505-\n\n3.2 of Title 10 of the Oklahoma Statutes.\n\n2. a. Except as otherwise provided by this section, the\n\nviolation of any of the subparagraphs in paragraph 1\n\nof this subsection shall constitute a Class B2 felony\n\noffense and shall be punishable by imprisonment of up\n\nto ten (10) years or a fine of up to Ten Thousand\n\nDollars ($10,000.00) per violation or both such fine\n\nand imprisonment.\n\nb. Prospective adoptive parents who violate subparagraph\n\na of paragraph 1 of this subsection, upon conviction\n\nthereof, shall be guilty of a misdemeanor and may be\n\npunished by a fine not to exceed Five Thousand Dollars\n\n($5,000.00) per violation.\n\nB. 1. No person shall knowingly publish for circulation within\n\nthe borders of the State of Oklahoma an advertisement of any kind in\n\nany print, broadcast or electronic medium, including, but not\n\nlimited to, newspapers, magazines, telephone directories, handbills,\n\nradio or television, which violates subparagraph g or h of paragraph\n\n1 of subsection A of this section.\n\n2. Any person violating the provisions of this subsection\n\nshall, upon conviction thereof, be guilty of a misdemeanor and shall\n\nbe punished by a fine not to exceed Five Thousand Dollars\n\n($5,000.00) per violation.\n\nC. The payment or acceptance of costs and expenses listed in\n\nSection 7505-3.2 of Title 10 of the Oklahoma Statutes shall not be a\n\nviolation of this section as long as the petitioner or birth parent\n\nhas complied with the applicable procedure specified in Section\n\n7505-3.2 of Title 10 of the Oklahoma Statutes and such costs and\n\nexpenses are approved by the court.\nars\n\n($5,000.00) per violation.\n\nC. The payment or acceptance of costs and expenses listed in\n\nSection 7505-3.2 of Title 10 of the Oklahoma Statutes shall not be a\n\nviolation of this section as long as the petitioner or birth parent\n\nhas complied with the applicable procedure specified in Section\n\n7505-3.2 of Title 10 of the Oklahoma Statutes and such costs and\n\nexpenses are approved by the court.\n\nD. Any person knowingly failing to file an affidavit of all\n\nadoption costs and expenses before the final decree of adoption as\n\nrequired by Sections 7505-3.2 and 7505-6.2 of Title 10 of the\n\nOklahoma Statutes shall be guilty of a misdemeanor.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"be054332da89b3485a18320bd50dcb262186e1a01436baac3a9866f896a0f436","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-865","next":"us-ok/okla.-stat.-tit.-21-21-867"},"notice":"GroundRules: Original legal text. Not legal advice."}