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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1033 By: Lawson
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2021,
Section 7505-3.2, which relates to ado ption;
modifying amount that may be expended under certain
circumstances; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 7505 -3.2, is
amended to read as follows:
Section 7505-3.2 A. 1. An affidavit shall b e 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 t o be expended in
connection with the adoption of a minor.
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2. No final decree of adoption shall be entered until the court
is satisfied that all costs and expenses have been disclose d, are
reasonable, and that the costs and expens es do not violate the
provisions of subsection B of this section. Upon its review of the
affidavit of monies expen ded, the court shall in writing disapprove
any expenditure that the court deems unreasonable or in violation of
Sections 865 through 870 of T itle 21 of the Oklahoma St atutes and,
to the extent necessary to comply with Oklahoma law, shall order
reimbursement of any consideration given in violation of Sec tions
865 through 870 of Title 21 of the Okla homa Statutes. Payments made
pursuant to this section shall not be a viol ation of Sections 865
through 870 of Title 21 of the Oklahoma Statutes. Court approval o f
the affidavit of monies expended shall not exe mpt a person, attorney
or licensed child-placing agency from prosecution if the information
provided to the court is fr audulent or false.
B. 1. Except as otherwise specifically provided by law, the
following list of adoption-related costs and expenses sp ecified in
this paragraph may be deemed prope r 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,
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c. reasonable adoption counseling expenses for birth
parents before and after the birth of the minor, not
to exceed six (6) mo nths from placement of the minor,
d. reasonable fees of a licensed child -placing agency,
including social services staff fees provided by
agency employees that inc lude:
(1) casework services,
(2) adoptive child and family studies,
(3) placement services,
(4) certification of agenc y 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 tw o (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 no t
limited to:
(a) housing expenses,
(b) utilities, such as electric, gas, water, or
telephone bills,
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(c) food for the birth mother and any minor
child of the birth mother residing in the
home of the birth moth er,
(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 wit h
pregnancy-related medical care.
(2) Reasonable and necessary living expenses shall
not include:
(a) any expenses met by existing resources of
the birth mother,
(b) any expenses used for the support of family
members who are not minor children of the
mother,
(c) any expenses for recreational or leisur e
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,
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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 greate r value than
One Hundred Dollars ($100.00).
2. In addition, all expenses approved by the court should be
commensurate with other customa ry fees for similar services by
persons of equivalent experience and training where the servic es are
performed. Any services provided outside this state shall be
allowed in an amount as if the services had be en performed within
the State of Oklahoma.
3. The provisions of this subsection shall apply to living and
transportation expenses incurred a fter the biological mothe r of the
minor contacts the child -placing agency or attorney for adoption
services.
4. The provisions of this subsection shall not prohi bit a court
from extending any time period, or including any additional costs
and expenses in connection with an adopti on 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, th e court shall specify in writing the
unusual circumstances that justify t he approval.
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5. Except as otherwise ordered by the court except for good
cause shown, all payments made pursuant to this section shall b e
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 e xpenses, an
itemized receipt verifying purchas es shall be required for approval
by the court. The accounting shall inc lude vouchers for all monies
expended, copies of all checks written and receipts for all c ash
payments attesting to the accuracy of the a ccounting.
6. No person, attorney or licensed child-placing agency shall
have a financial int erest 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 .
C. Any person, attorney, or licensed child -placing agency
desiring to pay living and transp ortation expenses on beha lf of a
birth mother is authorized to expend an initial amount not to exceed
One Thousand Dollars ($1,000.00) Three Thousand Five Hundred
($3,500.00) plus deposits for housing a nd 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.
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D. 1. Except for the amount authorized by subsection C of this
section, the payment of any l iving or transportation expenses for
benefit of the birth mother as authorized in subpa ragraph e of
paragraph 1 of subsection B of this section shall be approved in
advance by the court.
2. The person, attorney, or licensed chi ld-placing agency
desiring to pay living or transportation expenses on behalf of a
birth mother which exceed the am ount in subsection C of this section
shall file a petition for an order approving payme nt of adoption-
related expenses.
3. The petition for an order approving payment o f 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 l isting 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 a mended petition may be filed with
the court.
5. The petition shall be heard by the cou rt 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 f iling of an
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adoption petition. In the event an adoption petition is later filed
in the same county, the adoption p etition shall be filed as an
amended petition within the same case in which payment for expenses
was approved and no additional court costs s hall be required. In
the event a petition for preadoption termination of parental rights
is later filed in the sam e county, the court clerk shall not assess
an additional filing fee and may use the sam e 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 co urt
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
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 adop tive family affidavit requir ement
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 Disclosur e 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:
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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 behal f 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 th is state. A statutory Disclosure Statement
of Adoption-related Costs and Expendit ures is provided in Section 2
of this act. A copy of the statement shall be a public r ecord to be
compiled and maintained by the court clerk and available for public
inspection; provided, that any information identifying the pe rson,
attorney or child-placing agency in the direct adoption shall be
redacted from the document prior to filing w ith the court clerk and
shall not be made public. In addition, the identity of the chi ld,
the adoptive parents, and the birth parents shall be redacted from
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the document prior to filing with the court clerk and shall not be
made public.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE O N JUDICIARY - CIVIL, dated
02/23/2023 - DO PASS.