1. A. No person, other than a relative related to the child within the third degree, may accept the permanent care and custody of a child except in accordance with a decree of a court of competent jurisdiction or the Oklahoma Children's Code, the Oklahoma Adoption Code, the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Child Care Facilities Licensing Act.

2. B. A relative related to a child within the third degree may accept the permanent care and custody of the child:

   1. 1. Pursuant to a written relinquishment by a parent or parents of a child acknowledged before a court of competent jurisdiction which identifies the child or children relinquished;
   2. 2. In accordance with the provisions of the Oklahoma Children's Code, the Oklahoma Guardianship and Conservatorship Act or the Oklahoma Adoption Code; or
   3. 3. If the child has been abandoned by a parent or parents of a child in the physical custody of such relative.

3. C.

   1. 1. A child who has been abandoned in the physical custody of such relative by a parent or parents of the child may not be reclaimed or recovered by the parent or parents who abandoned the child except through order of a court of competent jurisdiction or by release of the child by such relative.

   2. 2. In determining custody of the child pursuant to the provisions of this subsection, the court shall base its findings on the best interests of the child and:

      1. a. the duration of the abandonment and integration of the child into the home of the relative,
      2. b. the preference of the child if the child is determined to be of sufficient maturity to express a preference,
      3. c. the mental and physical health of the child, and
      4. d. such other factors as are necessary in the particular circumstances.
4. D. The provisions of this section shall not apply to the acceptance of the permanent care and custody of a child by one parent of the child from the other parent of the child.

Added by Laws 1957, SB 183, p. 20, § 2; Amended by Laws 1998, HB 2829, c. 415, § 44, emerg. eff. June 11, 1998 (superseded document available); Renumbered from 10 O.S. § 26 by Laws 1998, HB 2829, c. 415, § 51, emerg. eff. June 11, 1998.