[Previous] [Next]

§10-7502-1.1.


§10-7502-1.1.
   
   A. Except as otherwise provided in this section, a court of this state
   has jurisdiction over proceedings to terminate parental rights and
   proceedings for the adoption of a minor commenced pursuant to the
   Oklahoma Adoption Code if:
   
   1. a. Immediately preceding commencement of the proceeding, the minor
   lived in this state with a parent, a guardian, a prospective adoptive
   parent, or another person acting as parent, for at least six (6)
   consecutive months, excluding periods of temporary absence,
   
   b. In the case of a minor under six (6) months of age, the minor lived
   in this state from soon after birth with any of those individuals
   listed in subparagraph a of this paragraph and there is available in
   this state substantial evidence concerning the minor's present or
   future care, or
   
   c. A child is born in this state and the mother of the child executes
   her consent or permanent relinquishment before a judge of a court of
   this state;
   
   2. Immediately preceding commencement of the proceeding, the
   prospective adoptive parent lived in this state for at least six (6)
   consecutive months, excluding periods of temporary absence, and there
   is available in this state substantial evidence concerning the minor's
   present or future care;
   
   3. The child-placing agency that placed the minor for adoption is
   located in this state and it is in the best interest of the minor that
   a court of this state, assume jurisdiction because:
   
   a. the minor and the minor's parents, or the minor and the prospective
   adoptive parent, have a significant connection with this state, and
   
   b. there is available in this state substantial evidence concerning
   the minor's present or future care;
   
   4. The minor and the prospective adoptive parent are physically
   present in this state, and the minor has been abandoned or it is
   necessary in an emergency to protect the minor because the minor has
   been subjected to or threatened with mistreatment or abuse or is
   otherwise neglected; or
   
   5. It appears that no other state would have jurisdiction under
   prerequisites substantially in accordance with paragraphs 1 through 4
   of this subsection, or another state has declined to exercise
   jurisdiction on the ground that this state is the more appropriate
   forum to hear a petition for adoption of the minor, and it is in the
   best interest of the minor that a court of this state assume
   jurisdiction.
   
   B. 1. If a child is born in this state and the mother of the child
   executes her consent or permanent relinquishment before a judge of a
   court of this state, a court of this state may exercise jurisdiction
   over a proceeding for the termination of parental rights of a putative
   father pursuant to Section 7505-2.1 of this title.
   
   2. If a parent has signed a permanent relinquishment in the presence
   of a court of this state pursuant to Section 7503-2.3 of this title,
   the court may exercise jurisdiction to issue an order terminating the
   parental rights of the parent to the child pursuant to Section
   7503-2.3 of this title.
   
   3. A court of this state may exercise jurisdiction to issue a
   temporary order of custody pursuant to Section 7503-4.1 of this title
   for:
   
   a. a minor born in this state, or
   
   b. a minor brought into this state in compliance with the Interstate
   Compact on the Placement of Children, if the court is exercising
   jurisdiction pursuant to this section over an adoption proceeding
   concerning the minor that is pending before the court.
   
   4. If the court does not have jurisdiction over an adoption proceeding
   pursuant to subsection A of this section, any order issued pursuant to
   this subsection shall include a finding by the court that states that
   the court is declining jurisdiction over the adoption proceeding and
   is deferring jurisdiction to the more appropriate state.
   
   C. Except as otherwise provided by this section, a court of this state
   shall not exercise jurisdiction over a proceeding for adoption of a
   minor or for termination of parental rights brought pursuant to
   Section 7505-2.1 or 7505-4.1 of this title if, at the time the
   petition for adoption or termination is filed, a proceeding concerning
   the custody or adoption of the minor is pending in a court of another
   state exercising jurisdiction substantially in conformity with the
   Uniform Child Custody Jurisdiction Act, the Uniform Child Custody
   Jurisdiction and Enforcement Act or the Oklahoma Adoption Code, unless
   the proceeding is stayed by the court of the other state because this
   state is a more appropriate forum or for another reason.
   
   D. If a court of another state has issued a decree or order concerning
   the custody of a minor who may be the subject of a proceeding for
   adoption or for termination of parental rights brought pursuant to
   Section 7505-2.1 or 7505-4.1 of this title in this state, a court of
   this state shall not exercise jurisdiction over a proceeding for
   adoption or termination of parental rights of the minor unless:
   
   1. The court of this state finds that the court of the state which
   issued the decree or order:
   
   a. does not have continuing jurisdiction to modify the decree or order
   under the law of the state which issued the decree or order or has
   declined to assume jurisdiction to modify the decree or order, or
   
   b. does not have jurisdiction over a proceeding for adoption
   substantially in conformity with paragraphs 1 through 4 of subsection
   A of this section or has declined to assume jurisdiction over a
   proceeding for adoption; and
   
   2. The court of this state has jurisdiction pursuant to this section
   over the proceeding for adoption or termination of parental rights.
   

[Previous] [Next]