Patricia Spann had lost custody of Misty and her two other children years earlier, and they were adopted by their grandmother, according to the Duncan Banner.
Patricia and Misty were both arrested on September 12, 2016, after authorities discovered that the two were legally married.
But in 2014 she hit it off with Patricia Spann, 44, and spoke about adopting a child together. That marriage was annulled in 2010, records show.
Patricia Spann, who is also charged with incest, will appear in court in January.
She also was married to her biological son in 2008 in Comanche County, according to Tulsa World.
An Oklahoma Department of Human Services child welfare investigator discovered information that led her to believe that Misty and Patricia Spann's relationship was incestuous, according to Tulsa World.
With an amended birth certificate no longer listing Patricia Spann as Misty's mother, "she felt no laws had been violated" by the new mother-daughter relationship.
"Misty and Patricia told me they got married to basically defraud the state in order to receive more benefits under health care".
After Misty was convinced, the pair married in March previous year in Oklahoma.
The marriage was annulled last month after a judge concluded the mother had induced her daughter "by fraud to enter the marriage".
She said her mother told her she had received legal advice indicating their marriage was legal.
A woman has been found guilty of incest after marrying her mother. "Why would you want to be with one of your own kids?"
In her request for the annulment, Misty Spann complained her mother claimed to have "consulted with three separate attorneys who advised there would be no problem with the marriage".