Text of OK HB 3039 (2026)
Children; In the Child's Best Interest Act; terms; adoptive, fostering, and legal guardianship; adults; care; void; Department of Human Services; preference; codification; effective date.
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As introduced
5,568 characters
Req. No. 14327
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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3039
By: Woolley
AS INTRODUCED
An Act relating to children; enacting the In the
Child's Best Interest Act; defining terms; providing
adoptive, fostering, and legal guardianship
arrangement requirements; limiting arrangement to no
more than two adults; permitting other adults to
assist in the care of the child; directing the courts
to declare certain arrangements void; directing the
Department of Human Services or other agency to find
home for child; providing preference for biologically
related adults; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2001 of Title 10, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "In the Child's
Best Interest Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2002 of Title 10, unless there
is created a duplication in numbering, reads as follows:
Req. No. 14327
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For the purposes of this act:
1. "Adult female" means an individual who is eighteen (18)
years of age or older and biologically female;
2. "Adult male" means an individual who is eighteen (18) years
of age or older and biologically male;
3. "Adoption" means the legal process by which a person or
persons become the legal parent or parents of a child;
4. "Biological relative" means a person related to the child by
blood, including, but not limited to, parents, grandparents,
siblings, aunts, uncles, or cousins;
5. "Foster care" means the temporary placement of a child in a
home licensed or approved by the state for the purpose of providing
care and supervision; and
6. "Legal guardianship" means the legal authority granted by a
court to a person or persons to make decisions regarding the care,
custody, and welfare of a child.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2003 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A. In order to promote the best interest of the child, all
adoptive, fostering, or legal guardianship arrangements approved or
recognized by any court, agency, or entity in the State of Oklahoma
shall consist of either:
1. One (1) able and willing adult; or
Req. No. 14327
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2. Two (2) able and willing adults comprising one (1) adult
female and one (1) adult male.
B. The official adoptive, fostering, or legal guardianship
arrangements shall be limited to no more than two (2) positions and
shall only be reserved for an adult female and an adult male,
conjointly, or for a single adult as provided in subsection A of
this section.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2004 of Title 10, unless there
is created a duplication in numbering, reads as follows:
A. Nothing in this act shall prohibit other adults, including,
but not limited, to grandparents, relatives, or friends of the
adoptive parents, foster parents, or legal guardians, from assisting
in the care of the child in the approved home or in the child's
everyday life.
B. Biological relatives of the child or of the adoptive
parents, foster parents, or legal guardians may assist in caring for
the child, provided such assistance does not alter the official
adoptive, fostering, or legal guardianship arrangements, which shall
remain limited to an adult female and an adult male, conjointly, or
a single adult.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2005 of Title 10, unless there
is created a duplication in numbering, reads as follows:
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A. If any adoption, foster care placement, or legal
guardianship is found to violate the provisions of this act, the
courts of the State of Oklahoma shall declare such arrangement void
and not recognized by the state.
B. Upon a finding of violation, the state, through the
Department of Human Services or other appropriate agency, shall
immediately work to find a safe and suitable home for the child.
Placement shall be made with either:
1. One (1) able and willing adult; or
2. Two (2) able and willing adults comprising one (1) adult
male and one (1) adult female.
C. In determining placement under subsection B of this section,
the state shall give preference to adults who are biologically
related to the child in the closest degree of kinship, provided such
relatives are proven to be safe and suitable for the child through
background checks, home studies, and other evaluations required by
state law.
SECTION 6. This act shall become effective November 1, 2026.
60-2-14327
CMA
01/05/26