Okla. Stat. tit. 10, § 10-7508-1.3

A. The Department of Human Services shall establish a search

program whereby the services of a confidential intermediary who has

been certified through the program may be used by eligible persons

listed in subsection B of this section to locate an adult biological

relative listed in subsection B of this section with whom contact

Oklahoma Statutes - Title 10. Children Page 376

has been lost through adoption or termination of parental rights

proceedings.

B. Subject to the restrictions of subsections C and D of this

section, the following persons may request a search or be the

subject of a search through the confidential intermediary search

program:

1. An adult adopted person;

2. An adult person who has a parent whose parental rights have

been terminated;

3. The legal parent or guardian of any minor or mentally

incompetent child of a deceased adopted person;

4. An adult descendant of a deceased adopted person;

5. The legal parent or guardian of any minor or mentally

incompetent child of a deceased person whose biological parent's

parental rights have been terminated;

6. An adult descendant of a deceased person whose biological

parent's parental rights have been terminated;

7. A biological parent whose parental rights were voluntarily

or involuntarily terminated by court order in an adoption, juvenile,

guardianship, or domestic relations proceeding;

8. An adult biological sibling or biological grandparent of an

adult adopted person or of an adult person who has a parent whose

parental rights have been terminated; and

9. The sibling of a deceased biological parent whose parental

rights were voluntarily or involuntarily terminated by court order

in an adoption, juvenile, guardianship, or domestic relations

proceeding.

C. A search through the confidential intermediary program may

not be performed on behalf of:

1. Anyone who has not previously registered with the Mutual

Consent Voluntary Registry at least six (6) months prior to

submission of the application for services through the confidential

intermediary search program;

2. An adult adopted person who has a minor biological sibling

in the same adoptive family or in an adoptive or foster family or

other placement whose location is known to the adult adopted person;

3. An adult whose biological parent's parental rights have been

terminated and who has a minor biological sibling in the same family

or in an adoptive or foster family or other placement whose location

is known to that adult; or

4. Anyone who has previously initiated a search for a

biological parent that refused to share identifying information,

communicate, or meet, and who initiates a subsequent search for a

biological relative of that biological parent.

D. If a biological relative of an adopted person, other than a

biological parent, applies to initiate a search or is the subject of

a search, the administrator of the confidential intermediary search

Oklahoma Statutes - Title 10. Children Page 377

program shall ascertain from the State Registrar of Vital Statistics

whether an affidavit of nondisclosure by a biological parent of the

adopted person is on file. If such an affidavit is filed with the

State Registrar and has not been revoked, the administrator of the

search program shall decline to initiate a search at the request of

or for any biological relative of the parent who filed the affidavit

of nondisclosure, unless the person initiating the search can

provide satisfactory proof that the biological parent who filed the

affidavit of nondisclosure is deceased.

E. The Department of Human Services shall administer, directly

or through a contractor, the confidential intermediary search

program. The Department of Human Services shall adopt rules and

procedures necessary to implement the search program, including but

not limited to the qualifications, minimum standards for training

and certification, and standards of conduct for a confidential
eceased.

E. The Department of Human Services shall administer, directly

or through a contractor, the confidential intermediary search

program. The Department of Human Services shall adopt rules and

procedures necessary to implement the search program, including but

not limited to the qualifications, minimum standards for training

and certification, and standards of conduct for a confidential

intermediary. A person shall not act as a confidential intermediary

unless the person has completed the training required by the

Department of Human Services, signed and filed an oath of

confidentiality with the Department of Human Services, and possesses

a confidential intermediary certificate issued by the Department of

Human Services.

F. The Department of Human Services shall develop an oath of

confidentiality, which must be signed under penalty of perjury by

each prospective confidential intermediary prior to receiving

certification. In the oath, the intermediary shall affirm that:

1. The intermediary has completed the requisite training for a

confidential intermediary as required by the Department of Human

Services;

2. The intermediary will not disclose to anyone, directly or

indirectly, identifying or confidential information in the records

or otherwise obtained through the intermediary's participation in

the search program, except under the conditions specified in this

section;

3. The intermediary will conduct a reasonable search for an

individual being sought and make a discreet and confidential inquiry

as to whether the individual consents to release of identifying

information or medical information or to meeting or communicating

with the individual initiating the search, and will report back to

the administrator of the program the results of the intermediary's

search and inquiry;

4. If the individual initiating the search and the individual

being sought consent in writing to meet or to communicate with each

other, the intermediary will act in accordance with the instructions

of the administrator of the program to facilitate any meeting or

communication between them;

Oklahoma Statutes - Title 10. Children Page 378

5. The intermediary will not accept any fee or compensation for

the intermediary's services except as authorized by the

administrator of the search program and the Oklahoma Statutes; and

6. The intermediary recognizes that unauthorized release of

information is a violation of this section and Section 7505-1.1 of

this title and may subject the intermediary to a fine or

imprisonment or both, to civil liability, and to loss of

certification as a confidential intermediary.

G. 1. After an eligible person described in subsection B of

this section has:

a. completed an application to initiate a search,

b. provided satisfactory proof of identity to the

administrator of the program, and

c. paid the fee established by the Department of Human

Services for initiating a search,

the administrator of the search program shall assign the search to a

confidential intermediary certified by the Department of Human

Services.

2. The confidential intermediary shall be permitted to inspect:

a. all court records relevant to the adoption or

termination of parental rights proceeding,

b. the original certificate of birth, or other sealed

adoption records, and other relevant records, if any,

in the possession of the State Registrar of Vital

Statistics, and

c. all relevant records in the possession of the

Department of Human Services.

3. The confidential intermediary must present to the custodians

of such records documentary proof of the intermediary's

certification and the referral form from the administrator of the

search program prior to obtaining access to any of these records.

4. The confidential intermediary may also inspect records in

the possession of a private adoption agency or a private attorney,

but only if the private agency or attorney voluntarily agrees to
he custodians

of such records documentary proof of the intermediary's

certification and the referral form from the administrator of the

search program prior to obtaining access to any of these records.

4. The confidential intermediary may also inspect records in

the possession of a private adoption agency or a private attorney,

but only if the private agency or attorney voluntarily agrees to

cooperate and permits the examination.

5. The confidential intermediary shall keep confidential all

information obtained during the course of the investigation, except

as disclosure is permitted by this section.

H. 1. If the confidential intermediary is able to locate the

subject of the search, the confidential intermediary shall make a

discreet and confidential inquiry as to whether the person who is

the subject of the search will consent to share identifying

information, communicate, or meet with the person who initiated the

search.

2. The inquiry to the person who is the subject of the search

shall be by personal and confidential contact. The inquiry shall be

Oklahoma Statutes - Title 10. Children Page 379

made without disclosing the identifying information about the person

who initiated the search.

3. If the person who is the subject of the search is willing to

share identifying information, communicate, or meet with the person

who initiated the search, the confidential intermediary shall obtain

this consent in writing, in a document that is dated and signed by

the subject of the search.

4. If the person who is the subject of the search is not

willing to share identifying information, meet, or communicate with

the person who initiated the search, the confidential intermediary

shall attempt to obtain any nonidentifying medical or social history

information that has been requested by the person who has initiated

the search.

5. If the confidential intermediary discovers the subject of

the search is deceased, the confidential intermediary shall include

this information and, if the deceased subject is a biological

parent, shall include the identity of the biological parent in the

written report.

I. 1. Any written consent and nonidentifying information

obtained by the confidential intermediary, along with a written

report of the results of the intermediary's search and inquiry,

shall be transmitted to the administrator of the confidential

intermediary program.

2. If the confidential intermediary is unable to locate the

subject of the search, the intermediary shall report this to the

administrator of the program and include in this written report a

description of the search efforts.

3. If the confidential intermediary discovers that the identity

of the biological father was unknown or not revealed by the

biological mother, the confidential intermediary shall also include

this information in the written report.

J. 1. Upon receipt of the report of the confidential

intermediary, the administrator of the search program shall contact

the person who initiated the search.

2. If the subject of the search agreed to share identifying

information, communicate, or meet, the administrator shall relay

this information and obtain the written consent of the person who

initiated the search before arranging the sharing of identifying

information, communication, or meeting between them.

3. Upon receiving the written consent of both the initiator and

the subject of the search, the administrator may utilize the

services of the confidential intermediary to facilitate a

communication or meeting.

4. If nonidentifying medical or social history information was

obtained, the administrator shall provide a copy of the

nonidentifying information to the person who initiated the search.

If the intermediary was unable to locate the subject of the search

Oklahoma Statutes - Title 10. Children Page 380

or the subject is deceased or did not consent to exchange
litate a

communication or meeting.

4. If nonidentifying medical or social history information was

obtained, the administrator shall provide a copy of the

nonidentifying information to the person who initiated the search.

If the intermediary was unable to locate the subject of the search

Oklahoma Statutes - Title 10. Children Page 380

or the subject is deceased or did not consent to exchange

identifying information, communicate, or meet, the administrator

shall share that information with the initiator of the search.

5. If the subject of the search is a biological parent who is

deceased, the administrator shall provide the initiator of the

search with any identifying information available regarding the

deceased biological parent, if the initiator of the search consents

in writing to receive the information.

K. If the initiator of a search subsequently applies to the

court for an order allowing the release of identifying information

for good cause shown, after the subject of the search has refused to

share identifying information, communicate, or meet, the initiator

shall advise the court in such person's motion of the results of the

search. Upon the request of the court, the administrator of the

program shall disclose to the court the report of the confidential

intermediary regarding the results of the search, including any

information about why the subject of the search objected to

disclosure or contact.

L. Any information obtained by a confidential intermediary

during the course of such person's investigation shall be kept

strictly confidential and shall be disclosed and utilized only in

the manner permitted by this section.

M. Any person who discloses information obtained during the

course of a search performed under this section in violation of this

act shall be guilty of a misdemeanor and shall be fined up to Five

Thousand Dollars ($5,000.00) or imprisoned for a period of six (6)

months or both.

N. Any reports and other information collected as a result of a

search performed under this section shall be retained by the

administrator of the search program for twenty-two (22) years

following the date of the initial application for the search.

O. The Department may charge the person who initiates the

search for the actual expenses incurred in providing the service

requested under this section and a reasonable fee for compensation

of the confidential intermediary and the administration of this

program.