Oklahoma Statutes

Okla. Stat. tit. 10, § 7505-6.4 (2026)

Denial of petition for adoption

✓ current as of July 2026

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A. If the court denies a petition for adoption or vacates a decree of adoption, it shall dismiss the proceeding. If no preexisting custody order remains in effect, the court shall issue an appropriate order for the legal and physical custody of the minor according to the best interests of the minor, if the court has jurisdiction to issue a custody order. B. 1. If the court has jurisdiction to issue a custody order, the court shall schedule a separate hearing to determine custody of the minor. The court shall certify that the petitioner for adoption and each parent of the minor has received notice of the date of the custody hearing at least fifteen (15) days prior to the date of the hearing and that each biological parent who has signed a consent or permanent relinquishment has been served in the same manner as summons is served in civil cases at least fifteen (15) days prior to the date of the hearing. The petitioner for adoption shall be responsible for serving any parent who has not entered an appearance in the adoption proceeding. If the Department of Human Services or any licensed child-placing agency had legal custody at the time the petition was filed, the petitioner shall notify the Department or agency of the date of the custody hearing. 2. Upon motion to intervene, the court shall join any person entitled to notice under this subsection who is not already a party to the proceeding. 3. At the hearing, the court may award custody to the biological mother, the biological father, the biological parents, if they are married, the prospective adoptive parents, or the Department or other licensed child-placing agency if the Department or agency had legal custody of the child at the time that the petition was filed, pursuant to Section 21.1 of this title, in the best interests of the child. 4. The child shall be represented at this hearing pursuant to Section 7505-1.2 of this title. Added by Laws 1997, c. 366, § 36, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 27, emerg. eff. June 11, 1998.

Notes of Decisions

Cited in 5 cases, 2002–2011 · leading case: In Re Baby Girl L., 2002 OK 9 (Okla. 2002).

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In Re Baby Girl L., 2002 OK 9 (Okla. 2002). · cites it 3× “10 O.S.Supp.1998 § 7505-6.4(A) & (B)(3), emphasis added.”

In Re Adoption of Baby W., 2009 OK CIV APP 21 (Okla. Civ. App. 2009). · cites it 4× “¶ 13 More importantly, there is nothing in the appellate record showing that in ruling on Parents' motion to dismiss the district court conducted a hearing pursuant to 10 O.S.2001 § 7505-6.4. [2] That statute requires the district court to hold a hearing to determine custody,…”

In Re Adoption of Baby Boy Kb, 2011 OK 94 (Okla. 2011). “…interests of the child. 4. The child shall be represented at this hearing pursuant to Section 7505-1.2 of this title. Okla. Stat. tit. 10, § 7505-6.4 (2001).”

S.C. v. J.L., 51 P.3d 544 (Okla. 2002). · cites it 3× “10 O.S.Supp.1998 § 7505-6.4(A) & (B)(3), emphasis added.”

M.B. v. T.R., 264 P.3d 1258 (Okla. 2011). “…interests of the child. 4. The child shall be represented at this hearing pursuant to Section 7505-1.2 of this title. Okla. Stat. tit. 10, § 7505-6.4 (2001).”

— Okla. Stat. tit. 10, § 7505-6.4(A) — 2 cases

In Re Baby Girl L., 2002 OK 9 (Okla. 2002). “10 O.S.Supp.1998 § 7505-6.4(A) & (B)(3), emphasis added.”

S.C. v. J.L., 51 P.3d 544 (Okla. 2002). “10 O.S.Supp.1998 § 7505-6.4(A) & (B)(3), emphasis added.”

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