Okla. Stat. tit. 10, § 10-7505-3.2

Disclosure statement.

A. 1. An affidavit shall be attached to the petition for

adoption, or may be filed after the filing of the petition for

adoption, but prior to the final decree of adoption, which discloses

to the court all of the costs, funds, or monies expended by the

adoptive family or expected to be expended in connection with the

adoption of a minor.

2. No final decree of adoption shall be entered until the court

is satisfied that all costs and expenses have been disclosed, are

reasonable, and that the costs and expenses do not violate the

provisions of subsection B of this section. Upon its review of the

affidavit of monies expended, the court shall in writing disapprove

any expenditure that the court deems unreasonable or in violation of

Sections 865 through 870 of Title 21 of the Oklahoma Statutes and,

to the extent necessary to comply with Oklahoma law, shall order

reimbursement of any consideration given in violation of Sections

865 through 870 of Title 21 of the Oklahoma Statutes. Payments made

pursuant to this section shall not be a violation of Sections 865

through 870 of Title 21 of the Oklahoma Statutes. Court approval of

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the affidavit of monies expended shall not exempt a person, attorney

or licensed child-placing agency from prosecution if the information

provided to the court is fraudulent or false.

B. 1. Except as otherwise specifically provided by law, the

following list of adoption-related costs and expenses specified in

this paragraph may be deemed proper items for a person to pay in

connection with an adoption:

a. reasonable attorney fees and court costs,

b. reasonable medical expenses for birth mother and minor

to be adopted,

c. reasonable adoption counseling expenses for birth

parents before and after the birth of the minor, not

to exceed six (6) months from placement of the minor,

d. reasonable fees of a licensed child-placing agency,

including social services staff fees provided by

agency employees that include:

(1) casework services,

(2) adoptive child and family studies,

(3) placement services,

(4) certification of agency facilities,

(5) admission assessments, and

(6) service planning,

e. (1) reasonable and necessary living expenses of the

birth mother that are incurred during the

adoption planning process or during the

pregnancy, not to exceed two (2) months after the

birth of the minor or after the consent or

relinquishment of the birth mother. Reasonable

and necessary living expenses include but are not

limited to:

(a) housing expenses,

(b) utilities, such as electric, gas, water, or

telephone bills,

(c) food for the birth mother and any minor

child of the birth mother residing in the

home of the birth mother,

(d) travel expenses for transportation to

support the pregnancy, such as gasoline, bus

fares, or providing for the temporary use of

a vehicle during the pregnancy, and

(e) child care or foster care for any minor

child of the birth mother associated with

pregnancy-related medical care.

(2) Reasonable and necessary living expenses shall

not include:

(a) any expenses met by existing resources of

the birth mother,

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(b) any expenses used for the support of family

members who are not minor children of the

mother,

(c) any expenses for recreational or leisure

activities, and
mother associated with

pregnancy-related medical care.

(2) Reasonable and necessary living expenses shall

not include:

(a) any expenses met by existing resources of

the birth mother,

Oklahoma Statutes - Title 10. Children Page 344

(b) any expenses used for the support of family

members who are not minor children of the

mother,

(c) any expenses for recreational or leisure

activities, and

(d) the purchase or gift of an automobile,

f. reasonable expenses for a home study,

g. reasonable and necessary costs associated with an

international adoption,

h. reasonable expenses legally required by any

governmental entity related to the adoption of a

minor, and

i. a one-time gift to the birth mother from the

prospective adoptive parents of no greater value than

One Hundred Dollars ($100.00).

2. In addition, all expenses approved by the court should be

commensurate with other customary fees for similar services by

persons of equivalent experience and training where the services are

performed. Any services provided outside this state shall be

allowed in an amount as if the services had been performed within

the State of Oklahoma.

3. The provisions of this subsection shall apply to living and

transportation expenses incurred after the biological mother of the

minor contacts the child-placing agency or attorney for adoption

services.

4. The provisions of this subsection shall not prohibit a court

from extending any time period, or including any additional costs

and expenses in connection with an adoption other than those

specified in this subsection based on unusual circumstances or need.

If additional costs and expenses in connection with an adoption are

approved by the court, the court shall specify in writing the

unusual circumstances that justify the approval.

5. Except as otherwise ordered by the court except for good

cause shown, all payments made pursuant to this section shall be

paid directly to the third-party provider of services or goods. Any

living expense paid on behalf of a birth mother in a domestic

adoption which is not supported by an itemized receipt shall not be

allowed for payment. If gift cards are issued to pay expenses, an

itemized receipt verifying purchases shall be required for approval

by the court. The accounting shall include vouchers for all monies

expended, copies of all checks written and receipts for all cash

payments attesting to the accuracy of the accounting.

6. No person, attorney or licensed child-placing agency shall

have a financial interest in a third-party provider of services or

goods, without disclosing in an affidavit the financial interest to

the court and the other parties to the adoption.

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C. Any person, attorney, or licensed child-placing agency

desiring to pay living and transportation expenses on behalf of a

birth mother is authorized to expend an initial amount not to exceed

Three Thousand Five Hundred Dollars ($3,500.00) plus deposits for

housing and utilities for such costs and expenses without first

obtaining court approval as required by paragraph 1 of subsection D

of this section. Any such costs and expenses shall be disclosed as

is otherwise required by the Oklahoma Adoption Code.

D. 1. Except for the amount authorized by subsection C of this

section, the payment of any living or transportation expenses for

benefit of the birth mother as authorized in subparagraph e of

paragraph 1 of subsection B of this section shall be approved in

advance by the court.

2. The person, attorney, or licensed child-placing agency

desiring to pay living or transportation expenses on behalf of a

birth mother which exceed the amount in subsection C of this section

shall file a petition for an order approving payment of adoption-

related expenses.

3. The petition for an order approving payment of adoption-

related expenses shall be filed in the district court where the
e person, attorney, or licensed child-placing agency

desiring to pay living or transportation expenses on behalf of a

birth mother which exceed the amount in subsection C of this section

shall file a petition for an order approving payment of adoption-

related expenses.

3. The petition for an order approving payment of adoption-

related expenses shall be filed in the district court where the

adoption petition is to be filed, as provided in Section 7502-1.2 of

this title.

4. The petition shall be captioned: "In the matter of Baby

(name)." The petition shall include a listing of all anticipated

living or transportation expenses to be paid on behalf of the birth

mother for which court approval is being sought. If additional

expenditures not previously authorized by the court are needed on

behalf of the birth mother, an amended petition may be filed with

the court.

5. The petition shall be heard by the court within ten (10)

days of filing. The court clerk shall charge the same cost for a

petition for payment of expenses as is charged for the filing of an

adoption petition. In the event an adoption petition is later filed

in the same county, the adoption petition shall be filed as an

amended petition within the same case in which payment for expenses

was approved and no additional court costs shall be required. In

the event a petition for preadoption termination of parental rights

is later filed in the same county, the court clerk shall not assess

an additional filing fee and may use the same case number as for the

petition for adoption.

6. Any order authorizing payment shall be attached to a

petition for adoption. If no adoption petition is filed, the court

shall retain jurisdiction to enter any orders deemed appropriate

regarding the reimbursement of costs and expenses paid. If the

child is placed for adoption outside the State of Oklahoma, any such

order shall be submitted to the Interstate Compact of the Placement

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of Children and to the court in the other state where the petition

for adoption is to be filed.

E. 1. In addition to the adoptive family affidavit requirement

of subsection A of this section, a Disclosure Statement of Adoption-

related Costs and Expenditures shall be prepared in writing by the

person, attorney or child-placing agency in a direct-placement

adoption. The Disclosure Statement of Adoption-related Costs and

Expenditures shall include a declaration of all fees, expenses, and

costs charged or expected to be charged for the adoption including,

but not limited to, the following:

a. retainer fees, the hourly rate, and the number of

hours billed for the adoption,

b. any fee charged for preplacement or other home studies

of any prospective birth parents, regardless of

whether the home study was performed by an outside

agency,

c. any costs, fees or expenses or any other thing of

value paid to or on behalf of the birth parents

related to the adoption of a minor by any party other

than the adoptive parents, and

d. any other fees and expenses related to the adoption

not otherwise specifically listed in this section.

2. The Disclosure Statement of Adoption-related Costs and

Expenditures containing true and accurate information shall be filed

before or when the final decree of adoption is ordered in each

adoption of a minor in this state. A statutory Disclosure Statement

of Adoption-related Costs and Expenditures is provided in Section

7505-3.3 of this title. A copy of the statement shall be a public

record to be compiled and maintained by the court clerk and

available for public inspection; provided, that any information

identifying the person, attorney or child-placing agency in the

direct adoption shall be redacted from the document prior to filing

with the court clerk and shall not be made public. In addition, the

identity of the child, the adoptive parents, and the birth parents
lic

record to be compiled and maintained by the court clerk and

available for public inspection; provided, that any information

identifying the person, attorney or child-placing agency in the

direct adoption shall be redacted from the document prior to filing

with the court clerk and shall not be made public. In addition, the

identity of the child, the adoptive parents, and the birth parents

shall be redacted from the document prior to filing with the court

clerk and shall not be made public.