Okla. Stat. tit. 10 § 7503-1.2

Current through Laws 2024, c. 453.

Section 7503-1.2 - Written adoption full-disclosure statement - Signatures

A. A written adoption full-disclosure statement shall be prepared by the attorneys of record for the petitioner and birth parents in a direct-placement adoption of a minor in this state.

Each statement shall include:

1. The name and address of the attorney;

2. A copy of Sections 865 through 869 of Title 21 of the Oklahoma Statutes relating to child trafficking;

3. A copy of Section 7505-3.2 of Title 10 of the Oklahoma Statutes relating to allowable adoption-related costs and expenses;

4. The scope of services provided by the attorney to, or discussed by the attorney with, the client or clients of the attorney including, but not limited to, services, if rendered, that aid in:

a. coping with the particular behaviors and developmental history of the child,

b. understanding the psychological needs of the child that are related to the racial, ethnic, or cultural background of the child,

c. explaining how to help the child understand adoption,

d. understanding the perspective of the birth parent,

e. coping with the loss of the child by the birth parent,

f. understanding search and reunion issues,

g. information addressing open and closed adoptions, and

h. search and reunion resources;

5. A procedure for grievances; provided, that this may be a reference to a Bar Association service for addressing fee disputes or ethics complaints;

6. The manner by which the attorney charges fees for legal services for an adoption, the refund policy, if any, and other expected or anticipated related fees and expenses of the adoption;

7. A statement that customary risks associated with adoptions involve:

a. birth parents who choose not to relinquish parental rights or not to consent to the adoption,

b. birth parents who seek to withdraw a consent to adoption or oppose the adoption for other reasons,

c. uncertainty or inaccurate information regarding paternity,

d. the prenatal care or actions of the birth mother or care or health of the child, and

e. discovery of the applicability of the federal and Oklahoma Indian Child Welfare Acts;

8. A provision informing persons that coercion of birth parents is prohibited;

9. A statement that an attorney in this state shall not represent both a relinquishing or consenting parent and a prospective adoptive parent, except in a stepparent adoption;

10. A copy of Section 7505-6.2 of Title 10 of the Oklahoma Statutes, specifying the statutory list of items required to be filed before the final hearing in an adoption;

11. The anticipated time frame for prosecuting a typical uncontested adoption; and

12. Copies of the federal and Oklahoma Indian Child Welfare Acts, found at 25 U.S.C., Sections 1901 through 1923 and Sections 40 through 40.9 of Title 10 of the Oklahoma Statutes, respectively.

B. Every adoptive parent and birth parent represented by legal counsel in a direct-placement adoption of a minor in this state shall:

1. Be provided by their respective attorneys an adoption full-disclosure statement as provided for in subsection A of this section; and

2. Read and sign the adoption full-disclosure statement acknowledging that they have read and understand the statement.

C. The adoption full-disclosure statement signed by the petitioner or petitioners shall be attached to the petition for adoption filed with the court in each direct-placement adoption of a minor in this state. As to birth parents, the signed adoption full-disclosure statement shall be attached to the first entry of appearance or pleading filed by counsel for said party. The information disclosed in paragraph 6 of subsection A of this section shall also be separately stated and attached as an addendum to the adoption full-disclosure statement and the addendum shall not disclose the caption of the proceeding, the identities of the parties or attorney or any other information identifying the parties or proceeding.

Okla. Stat. tit. 10, § 7503-1.2

Added by Laws 2009 , SB 1029, c. 288, §1, eff. 11/1/2009.