2016 Oklahoma Statutes
Title 10. Children
§10-7503-4.1. Temporary orders of custody.

A. 1. If a mother of a minor born out of wedlock or a mother and father of a minor born in wedlock appear before a judge of the district court prior to the birth of the minor and request that the court issue a temporary order of custody effective after the birth of the minor to a child-placing agency licensed in Oklahoma, an attorney licensed in Oklahoma, or a prospective adoptive parent who has presented to the court a favorable preplacement home study, the court may, following the birth of the minor but prior to the execution of a consent or permanent relinquishment by such parent or parents, issue an order of temporary custody to the agency or attorney so designated or, upon review by the judge of the preplacement home study, to the prospective adoptive parent.

2. A prebirth request by a mother of a minor born out of wedlock or of the mother and father of a child born in wedlock for an order of temporary custody shall not be construed to be a consent to the adoption of the minor or a permanent relinquishment of the minor.

3. Until such time as a consent or permanent relinquishment is signed by the mother of a minor born out of wedlock or by both parents of a minor born in wedlock, pursuant to the Oklahoma Adoption Code, the mother of the minor born out of wedlock or either parent of the minor born in wedlock may apply to the court at any time to vacate the order of temporary custody. Upon such application, the court shall set aside the temporary custody order and order that the minor be returned to the parent.

4. The temporary order of custody issued pursuant to this subsection shall, by its own terms, expire no later than ninety (90) days after it has been issued by the court. Provided, the court upon application may grant an extension if, prior to the application, the mother of a minor born out of wedlock or the mother and father of a minor born in wedlock have executed a consent or permanent relinquishment and if the court has jurisdiction to adjudicate termination of parental rights or adoption proceedings pursuant to Section 7502-1.1 of this title.

B. 1. After a birth mother of a minor born out of wedlock executes a consent to adoption or a permanent relinquishment pursuant to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma Statutes, the court may issue an order granting temporary custody of the minor to a child-placing agency licensed in this state, an attorney licensed in this state or, upon review by the court of the preplacement home study, to a prospective adoptive parent.

2. After the mother and father of a minor born in wedlock execute a consent to adoption or permanent relinquishment pursuant to Section 7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma Statutes, the court may issue an order granting temporary custody of the minor to a child-placing agency licensed in this state, an attorney licensed in this state or, upon review by the court of the preplacement home study, to a prospective adoptive parent.

3. The temporary order of custody issued pursuant to this subsection shall, by its own terms, expire no later than ninety (90) days after it has been issued by the court. Provided, the court upon application may grant an extension if the court has jurisdiction to adjudicate termination of parental rights or adoption proceedings pursuant to Section 7502-1.1 of this title.

Added by Laws 1998, c. 415, § 16, emerg. eff. June 11, 1998.