State of Oklahoma ends “Orphan Tax”

By FOX23.com News Staff

OKLAHOMA — Governor Kevin Stitt announced that Oklahoma will end the practice of diverting Social Security survivor benefits from foster youth.

In partnership with the Administration for Children and Families (ACF) at the U.S. Department of Health and Human Services, Gov. Stitt said Oklahoma will join 29 states to preserve these benefits for foster children, rather than use them to reimburse state costs.

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“Every child deserves the opportunity to pursue the American Dream and build a brighter future, regardless of the circumstances they were born into,” said Gov. Stitt. “I’m proud that Oklahoma can join the effort to protect Social Security survivor benefits earned on behalf of children in foster care and ensure they’re used in the best interest of each child. I’m grateful to First Lady Melania Trump, Secretary Kennedy, and Assistant Secretary Adams for their dedication to American’s children. Oklahoma is proud to lead on reforms that help young people leave care with greater opportunity and a stronger foundation for success.”

Since ACF first called on states to end the “Orphan Tax” in December 2025, governors and state legislatures across the country have acted to ensure that survivor benefits remains with the children they were intended for.

“Every child deserves the financial security their parents worked hard to earn,” said HHS Secretary Robert F. Kennedy, Jr. “Thirty states have now demonstrated that protecting foster youth’s survivor benefits is a matter of basic fairness. These benefits represent the last support many deceased parents can provide to their children, so the Trump administration will not rest until every state ends this unconscionable practice.”

In addition to Oklahoma, the following states have ended or taken steps to reform the practice: Alabama, Arizona, California, Colorado, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wyoming and the District of Columbia.

“We have seen tremendous bipartisan leadership from these 30 governors and state legislatures, proving that preserving these benefits can be done,” said Assistant Secretary Alex J. Adams. “These children have already lost their parents – diverting their survivor benefits just adds unnecessary hardship to unimageable grief. With 60% of states already taking action, we are past the tipping point and encourage the remaining states to stop balancing budgets on the backs of orphans.”

First Lady Melania Trump has encouraged states to preserve foster youth’s Social Security survivor benefits in Fostering the Future Accounts, the newly announced investment vehicle designed to empower foster youth and support long-term wealth building.

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