Okla. Stat. tit. 10A, § 10A-1-4-813

A. 1. When the court, pursuant to Section 1-4-812 of this

title, finds that a deprived child should be placed for adoption,

nothing in the adoption laws of this state shall be construed to

prevent the petitioners for adoption of the child from voluntarily

entering into a written agreement with the birth relatives,

including a birth parent, to permit postadoption contact between the

birth relatives and the child. The postadoption contact agreement

shall be issued by the court in a separate instrument at the time an

adoption decree is entered if the court finds the agreement is

voluntary, does not pose a threat to the safety of the child, and is

in the best interests of the child.

2. For purposes of this section, "birth relative" means a

parent, stepparent, grandparent, great-grandparent, sibling, uncle

or aunt of a minor adoptee. This relationship may be by blood or

marriage, provided a sibling relationship may be by whole or half

blood, marriage, or affinity through a common legal or biological

parent. For an Indian child, birth relative includes members of the

extended family as defined by the laws or customs of the Indian

child's tribe or, in the absence of laws or customs, shall be a

person who has reached eighteen (18) years of age and who is the

Indian child’s great-grandparent, grandparent, aunt or uncle,

brother or sister, brother-in-law or sister-in-law, niece, nephew,

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 155

or first or second cousin or stepparent, as provided in the Indian

Child Welfare Act, United States Code, Title 25, Section 1903.

3. If a child who is separated from a sibling is ordered to be

placed for adoption, the court shall order that the Department shall

take all of the following steps to facilitate ongoing sibling

contact or visitation:

a. provide information to prospective adoptive parents

about the importance of sibling relationships to the

adopted child and counseling on methods for

maintaining sibling relationships,

b. provide prospective adoptive parents with information

about siblings of the child; provided, the address

where the siblings reside shall not be disclosed

unless authorized by a court order for good cause

shown, and

c. encourage prospective adoptive parents to make a plan

for facilitating postadoptive contact between the

child who is the subject of a petition for adoption

and any siblings of that child.

4. The terms of the postadoption agreement executed under this

section shall be limited to, but need not include, the following if

the child has an existing relationship with the birth relative:

a. provisions for visitation between the child and the

birth relatives,

b. provisions for contact between birth relatives and the

child or an adoptive parent, or both,

c. provisions for the adoptive parent to facilitate

sibling contact or visitation, and

d. provisions for the sharing of information about the

child.

5. The terms of any postadoption agreement shall be limited to

the sharing of information about the child if the child did not have

an existing relationship with the birth relative.

B. 1. A postadoption agreement is not legally enforceable

unless the terms of the agreement are contained in a written court

order entered in accordance with this section.

2. An order must be sought and shall be filed in the adoption

action. The order shall be issued by separate instrument at the

time an adoption decree is entered.

3. The court shall not enter a proposed order unless the terms

of the order have been approved in writing by the prospective

adoptive parents, the birth relative who desires to be a party to

the agreement, the child, if twelve (12) years of age or older, and,

if the child is in the custody of the Department of Human Services,

a representative of the Department. The child shall be represented

by an attorney for purposes of consent to the postadoption

agreement.
order have been approved in writing by the prospective

adoptive parents, the birth relative who desires to be a party to

the agreement, the child, if twelve (12) years of age or older, and,

if the child is in the custody of the Department of Human Services,

a representative of the Department. The child shall be represented

by an attorney for purposes of consent to the postadoption

agreement.

Oklahoma Statutes - Title 10A. Children and Juvenile Code Page 156

4. The postadoption agreement approved by the court regarding

sibling contact or visitation shall be provided by the Department to

the adoptive parent or parents, foster parent, relative caretaker,

legal guardian of the child and siblings or others as necessary to

facilitate the sibling contact or visitation.

C. Failure to comply with the terms of the postadoption

agreement as ordered by the court pursuant to this section shall not

be grounds for:

1. Setting aside an adoption decree;

2. Revocation of a written consent to an adoption after that

consent has become irrevocable;

3. An action for citation of indirect contempt of court; and

4. Preventing the adoptive parent or parents of the child from

changing residence within or outside the state.

D. 1. Although the entry of the decree of adoption terminates

the jurisdiction of the juvenile court over the child, the

enforcement of the postadoption agreement and subsequent order shall

be under the continuing jurisdiction of the court granting the

petition for adoption.

2. The court may not order compliance with the agreement absent

a finding that the party seeking the enforcement participated in

good faith in mediation or other appropriate dispute resolution

proceedings regarding the conflict prior to the filing of the

enforcement action, and that the enforcement is in the best

interests of the child. Documentary evidence or offers of proof may

serve as the basis for the court’s decision regarding enforcement.

No testimony or evidentiary hearing shall be required.

3. The prevailing party may be awarded reasonable attorney fees

and costs. All costs and fees of mediation or other appropriate

dispute resolution proceedings shall be borne by each party,

excluding the child.

E. A postadoption agreement may be modified or terminated only

if the court finds that the modification or termination is necessary

to serve the best interests of the child, and is agreed to by all

parties, including the child if the child is twelve (12) years of

age or older at the time of the requested modification or

termination.