Okla. Stat. tit. 10, § 10-7505-6.4

Oklahoma Statutes - Title 10. Children Page 365

A. If the court denies a petition for adoption or vacates a

decree of adoption, it shall dismiss the proceeding. If no

preexisting custody order remains in effect, the court shall issue

an appropriate order for the legal and physical custody of the minor

according to the best interests of the minor, if the court has

jurisdiction to issue a custody order.

B. 1. If the court has jurisdiction to issue a custody order,

the court shall schedule a separate hearing to determine custody of

the minor. The court shall certify that the petitioner for adoption

and each parent of the minor has received notice of the date of the

custody hearing at least fifteen (15) days prior to the date of the

hearing and that each biological parent who has signed a consent or

permanent relinquishment has been served in the same manner as

summons is served in civil cases at least fifteen (15) days prior to

the date of the hearing. The petitioner for adoption shall be

responsible for serving any parent who has not entered an appearance

in the adoption proceeding. If the Department of Human Services or

any licensed child-placing agency had legal custody at the time the

petition was filed, the petitioner shall notify the Department or

agency of the date of the custody hearing.

2. Upon motion to intervene, the court shall join any person

entitled to notice under this subsection who is not already a party

to the proceeding.

3. At the hearing, the court may award custody to the

biological mother, the biological father, the biological parents, if

they are married, the prospective adoptive parents, or the

Department or other licensed child-placing agency if the Department

or agency had legal custody of the child at the time that the

petition was filed, pursuant to Section 21.1 of this title, in the

best interests of the child.

4. The child shall be represented at this hearing pursuant to

Section 7505-1.2 of this title.