A. 1. An affidavit shall be 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 to be expended in connection with the adoption of a minor.
2. No final decree of adoption shall be entered until the court is
satisfied that all costs and expenses have been disclosed, are
reasonable, and that the costs and expenses do not violate the
provisions of subsection B of this section. Upon its review of the
affidavit of monies expended, the court shall in writing disapprove
any expenditure that the court deems unreasonable or in violation of
Sections 865 through 869 of Title 21 of the Oklahoma Statutes and, to
the extent necessary to comply with Oklahoma law, shall order
reimbursement of any consideration given in violation of Sections 865
through 869 of Title 21 of the Oklahoma Statutes. Payments made
pursuant to this section shall not be a violation of Sections 865
through 869 of Title 21 of the Oklahoma Statutes.
B. 1. Except as otherwise specifically provided by law, the following
list of adoption-related costs and expenses specified in this
paragraph may be deemed proper 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
c. reasonable adoption counseling expenses for birth parents before
and after the birth of the minor, not to exceed six (6) months from
placement of the minor,
d. reasonable fees of a licensed child-placement agency,
e. in cases of extraordinary need, reasonable expenses for necessities
of the birth mother that are incurred during or as a result of the
pregnancy, not to exceed two (2) months from placement of the minor,
f. reasonable costs for travel or transportation of the birth mother
or minor as same is incurred for medical or adoption placement needs,
g. reasonable expenses for a home study, and
h. reasonable expenses legally required by any governmental entity
related to the adoption of a minor.
2. In addition, all expenses approved by the court should be
commensurate with other customary fees for similar services by persons
of equivalent experience and training where the services are
performed. Any services provided outside this state shall be allowed
in an amount as if the services had been performed within the State of
3. The provisions of this subsection shall apply to living and
transportation expenses incurred after the biological mother of the
minor contacts the child-placing agency or attorney for adoption
4. The provisions of this subsection shall not prohibit a court from
extending any time period, or including any additional costs and
expenses in connection with an adoption other than those specified in
this subsection based on unusual circumstances or need.
5. Except as otherwise ordered by the court except for good cause
shown, all payments made pursuant to this section shall be paid
directly to the third-party provider of services or goods.
C. Any person desiring to pay costs and expenses to or on behalf of a
birth parent is authorized to expend an initial amount not to exceed
Five Hundred Dollars ($500.00) 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.
D. 1. Except for the amount authorized by subsection C of this
section, the payment of any living or transportation expenses for
benefit of the birth mother as authorized in subparagraphs e and f of
paragraph 1 of subsection B of this title shall be approved in advance
by the court.
2. The person, attorney, or licensed child-placing agency desiring to
pay living or transportation expenses on behalf of a birth mother
which exceed the amount in subsection C of this section shall file a
petition for an order approving payment of adoption-related expenses.
3. The petition for an order approving payment of adoption-related
expenses may be filed in the district court where the birth mother
resides, in the county where the petitioner, attorney, or
child-placing agency is located, or in the county where the adoption
petition is to be filed.
4. The petition shall be captioned: "In the matter of Baby (name)."
The petition shall include a listing 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 amended petition may be filed with the court.
5. The petition shall be heard by the court 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 filing of an adoption
petition. In the event an adoption petition is later filed in the same
county, the adoption petition shall be filed as an amended petition
within the same case in which payment for expenses was approved and no
additional court costs shall be required.
6. Any order authorizing payment shall be attached to a petition for
adoption. If no adoption petition is filed, the court 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