b.   accompanied by the written consent of:

(1) the legal guardian of the minor parent,

(2) the parents of the minor parent,

(3) the parent having custody of the minor parent, if the other parent of the minor parent is deceased or the parents of the minor parent are divorced, or

(4) the person having physical custody of the minor parent, if both parents of the minor parent are deceased, or

c.   accompanied by a finding of the court issuing the decree of adoption, if consent cannot be secured from any individual whose consent is required by subparagraph b of this paragraph, that:

(1) either notice was given by mail by the court to such person directing the person to show cause at a time appointed by the court, which shall be not less than ten (10) days from the date of mailing, why the adoption should not be granted without the individual's consent, or that notice was waived by the personal appearance of the individual, and

(2) the individual did not appear to contest the adoption, or the consent of the individual is unreasonably withheld.

C. If a minor to be adopted is twelve (12) years of age or older, the consent of the minor to the adoption is required in addition to the consents required by subsections A and B of this section before a decree of adoption may be granted, unless the court makes a finding that it is not in the best interest of the minor to require the minor's consent.  The consent of the minor must be given before the court in such form as the court shall direct.

D. 1.   When consent for adoption is necessary for minors in the custody of the Department of Human Services, the Director of the Department of Human Services or the designee of the Director may designate, authorize, and direct in writing an employee of the Department to appear in the court of the county in which said adoption proceedings are to be completed and to give written consent for the adoption of such minor by the family whose application for adoption has been approved by the Department of Human Services; or

   2.   The executive head of a licensed child-placing agency whose consent is required for the adoption of a minor who is in the custody of the licensed child-placing agency may designate, authorize and direct in writing an employee of the agency to appear in the district court of the county in which the adoption proceedings are to be completed or before anyone authorized by law to take acknowledgments and to give written consent for the adoption of the minor.

 

10 O.S. ' 7503 - 2.2

A. The mother of a minor shall not execute a valid consent to the adoption of the minor or a permanent relinquishment of the minor prior to the birth of the minor.

B.   The father of a minor born in wedlock shall not execute a valid consent to the adoption of the minor or a permanent relinquishment of the minor prior to the birth of the minor.

C. A putative father of a minor may execute a consent to the adoption of the minor, a permanent relinquishment of the minor, or an extrajudicial consent to the adoption of the minor before or after the birth of the minor.

D. A guardian ad litem or legal custodian of a child may execute a consent to the adoption of a minor or a permanent relinquishment at any time after being authorized by a court to do so.

E.   A child-placing agency that places a child for adoption may execute its consent at any time at or before the hearing on the petition for adoption.

F.   A minor twelve (12) years of age or older whose consent is required pursuant to Section 9 of this act may execute a consent to adoption at any time at or before the hearing on the petition for adoption.

10 O.S. ' 7503 - 2.3

A. A permanent relinquishment may be executed by a person whose consent to the adoption of a minor is required by Section 7503-2.1 of this title.  The permanent relinquishment shall be in writing and shall relinquish all of that individual's rights with respect to the minor, including legal and physical custody and the right to consent to the minor's adoption.

B.  Permanent relinquishments may be made only to:

1.  The Department of Human Services;

2.  A child-placing agency; or

3.  Any other person, with the written consent of the Department or court.

C. A permanent relinquishment shall be in writing, executed before a judge of the district court in this state, recorded by a court reporter and contain:

1.  The date, place, and time of the execution of the permanent relinquishment;

2.  The name and date of birth of the person executing the permanent relinquishment;

3.   The current mailing address, telephone number and social security number of the person executing the permanent relinquishment;

4.    Instructions that the permanent relinquishment is irrevocable, except upon the specific grounds specified in Section 7503-2.7 of this title, upon which the permanent relinquishment can be revoked and the manner in which a motion to set aside the permanent relinquishment must be filed; and

5.   The name of the person or agency as described in subsection B of this section to whom the permanent relinquishment is being given and who shall have the right to give consent to the minor=s adoption.

D.  A permanent relinquishment must state:

1.   That the person executing the document is voluntarily and unequivocally consenting to the adoption of the minor;

2.   An understanding that after the permanent relinquishment is executed, it is final and, except for fraud or duress, may not be revoked or set aside for any reason except as otherwise authorized by the Oklahoma Adoption Code;

3.   That the person executing the permanent relinquishment is represented by counsel or has waived any right to counsel;

4.   That the execution of the permanent relinquishment does not terminate any duty of the person executing the permanent relinquishment to support the mother of the minor until the adoption is completed;

5.   That the person executing the permanent relinquishment has not received or been promised any money or anything of value for the permanent relinquishment, except for payments authorized by law;

6.    Whether the individual executing the permanent relinquishment is a member of an Indian tribe and whether the minor is eligible for membership or the minor is a member of an Indian tribe;

7.   That the person believes the adoption of the minor is in the minor's best interest; and

8.   That the person executing the permanent relinquishment has been advised that an adult adopted person born in Oklahoma, whose decree of adoption is finalized after November 1, 1997, may obtain a copy of such person's original certificate of birth unless affidavits of non-disclosure have been filed pursuant to Section 7503-2.5 of this title and that the relinquishing parent may sign an affidavit of non-disclosure.

E.   When it appears to the court that the parent or guardian executing a permanent relinquishment desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel.  In all counties having county indigent defenders, the county indigent defenders shall assume the duties of representation in such proceedings.

F.   The transcript of the court proceedings pursuant to this section shall be placed in the court record.

G.  The verification of the court shall be in substantially the following form:

I, _______________, Judge of the District Court in and for __________ County, State of Oklahoma, a Court having original adoption jurisdiction, do hereby certify, that upon this day, __________ personally appeared in open Court, before me, and orally and in writing executed the above and foregoing permanent relinquishment for adoption.

 

In executing this acknowledgment, I further certify that the said ___________ acknowledged that the person executed said relinquishment to adoption freely and voluntarily, and that it was explained to such person by or before me, the undersigned Judge of the District Court, that in executing the relinquishment, the person was surrendering all parental authority whatsoever over the minor; and that with such explanation made to the person relinquishing the minor by or before me, the undersigned Judge of the District Court, the person executed the relinquishment, freely, voluntarily and intelligently for all uses and purposes therein set forth.

 I further certify that it was explained to the relinquishing person that this relinquishment is irrevocable and final except for fraud or duress and may not be revoked or set aside except and unless no Petition to Adopt is filed within nine (9) months after placement of the minor or if this or some other court decides not to terminate the rights of the other parent of the minor.  I further certify that I am satisfied that the relinquishing person understands the consequences of an adoption; the relinquishing person has represented that such person has not received or been promised any money or anything of value for the giving of the permanent relinquishment consent except for those payments authorized by law; the relinquishing person has represented that such person is not under the influence of alcohol or medication or any other substance that affects the person's competence; the person fully understood the English language and communicated in the English language at all times during said hearing, or all information was translated into the relinquishing person's language, and was fully understood by the person; and if the relinquishing person was the biological parent, such parent was advised regarding the affidavit of non-disclosure.

8.A permanent relinquishment shall be signed before any judge of a court having probate or adoption jurisdiction in this state or in the state of residence of the person executing the permanent relinquishment.

1.1.  a. If an individual permanently relinquishing the child resides in a country or place other than the United States of America, other than a member of the United States Armed Services stationed abroad, the permanent relinquishment of the individual may be obtained by a written instrument signed by such person and acknowledged before an officer of the legal subdivision of the government of the place of such person=s residence who is authorized to administer oaths under the laws of such country or place.

b.   If the foreign country=s government does not involve itself in adoption matters, the permanent relinquishment may be executed before an officer of the Judge Advocate General=s Office of the United States Armed Services or before an officer of the United States Embassy located in that country, provided the execution of a permanent relinquishment is not a violation of the laws of the foreign country, or a violation of international law or treaty between the foreign country=s government and the United States.  The permanent relinquishment shall reflect that the permanent relinquishment is not given or accepted in violation of the laws of the foreign country or in violation of international law or treaty between such foreign country=s government and the United States.

2.   If an individual permanently relinquishing the child is a member of the United States Armed Services stationed in a country or place other than the United States, the individual=s permanent relinquishment may be acknowledge before an officer of the Judge Advocate General=s Office or other legal officer possessing the authority to administer oaths.

10.  If the written instrument containing a permanent relinquishment is written in a language other than the English language, the petitioner must have it translated into the English language by a person qualified to do so, and must file the original instrument together with the translation with the court.  The translation must be sworn to as being a true and correct translation by the person translating the document.

11.  Except as otherwise required by subsection I of this section, when the person permanently relinquishing the child for the purposes of adoption resides outside of Oklahoma, the permanent relinquishment by such person may be executed in that state or country in the manner set forth in the Oklahoma Adoption Code or in the manner prescribed by the laws of the state or country of such person=s residence.

12.  1.   A court before which a permanent relinquishment has been executed may enter an order terminating parental rights of the parent of a child if such parent has executed a permanent relinquishment for adoption pursuant to the Oklahoma Adoption Code.

2.   Any order terminating parental rights of a parent pursuant to this subsection shall state that the termination of parental rights shall not terminate the duty of the parent to support the child of such parent.  The duty of the parent to support the child shall not be terminated until such time as a final decree of adoption has been entered.

3.   Any proceedings held pursuant to this subsection shall not require the state as a necessary party.

 10 O.S. ' 7503 - 2.4

A. A consent to an adoption of a minor shall be in writing, recorded by a court reporter, and executed before a judge of the district court in this state and contain:

1.  The date, place, and time of the execution of the consent;

2.  The name and date of birth of the person executing the consent;

3.   The current mailing address, telephone number, and social security number of the person executing the consent; and

4.    Instructions that the consent is irrevocable, except upon the specific grounds specified in Section 7503-2.7 of this title, upon which the consent can be revoked and the manner in which a motion to set aside the consent must be filed.

B.  A consent must state:

1.   That the person executing the document is voluntarily and unequivocally consenting to the adoption of the minor;

2.   An understanding that after the consent is executed, it is final and, except for fraud or duress, may not be revoked or set aside for any reason except as otherwise authorized by the Oklahoma Adoption Code;

3.   That the person executing the consent is represented by counsel or has waived any right to counsel;

4.   That the execution of the consent does not terminate any duty of the person executing the consent to support the mother or the minor until the adoption is completed;

5.   That the person executing the consent has not received or been promised any money or anything of value for the consent, except for payments authorized by law;

6.    Whether the individual executing the consent is a member of an Indian tribe and whether the minor is eligible for membership or the child is a member of an Indian tribe;

7.   That the person believes the adoption of the minor is in the minor's best interest; and

8.   That the person executing the consent has been advised that an adult adopted person born in Oklahoma, whose decree of adoption is finalized after November 1, 1997, may obtain a copy of such person's original certificate of birth unless affidavits of non-disclosure have been filed pursuant to Section 7503-2.5 of this title and that the consenting parent may file an affidavit of non-disclosure.

C. Before executing a consent, a minor twelve (12) years of age or older must have been informed by the court of the meaning and consequences of the adoption and the availability of social and medical history information, pursuant to Section 7504-1.2 of this title, when the minor turns eighteen (18) years of age.

D. When it appears to the court that the parent or guardian executing a consent desires counsel but is indigent and cannot for that reason employ counsel, the court shall appoint counsel.  In all counties having county indigent defenders, the county indigent defenders shall assume the duties of representation in such proceedings.

E.   The transcript of the court proceedings pursuant to this section shall be placed in the court record.

F.  The verification of the court shall be in substantially the following form:

 I, _______________, Judge of the District Court in and for __________ County, State of Oklahoma, a Court having original adoption jurisdiction, do hereby certify, that upon this day, __________ personally appeared in open Court, before me, and orally and in writing executed the above and foregoing Appearance and Consent to Adoption.

 In executing this acknowledgment, I further certify that the said ___________ acknowledged that the person executed said consent to adoption freely and voluntarily, and that it was explained to such person by or before me, the undersigned Judge of the District Court, that in executing the consent the person was surrendering all parental authority whatsoever over the minor; and that with such explanation made to the consenting person by or before me, the undersigned Judge of the District Court, the person executed the consent, freely, voluntarily and intelligently for all uses and purposes therein set forth.

 

I further certify that it was explained to the consenting person that this consent is irrevocable and final except for fraud or duress and may not be revoked or set aside except and unless no Petition to Adopt is filed within nine (9) months after placement of the minor or if this or some other court decides not to terminate the rights of the other parent of the minor.  I further certify that I am satisfied that the consenting person understands the consequences of an adoption; the consenting person has represented that such person has not received or been promised any money or anything of value for the giving of consent except for those payments authorized by law; the consenting person has represented that such person is not under the influence of alcohol or medication or other substance that affects the person's competence; the parent fully understood the English language and communicated in the English language at all times during said hearing, or all information was translated into the consenting person's language, and was fully understood by the person; and if  the consenting person was the biological parent, such parent was advised regarding the affidavit of non-disclosure. 

7.A consent may be signed before any judge of a court having probate or adoption jurisdiction in this state or in the state of residence of the person executing the consent.

8.1.   a.   If an individual whose consent is necessary resides in a country or place other than the United States of America, other than a member of the United States Armed Services stationed abroad, the consent of the individual to the adoption may be obtained by a written instrument signed by such person and acknowledge before an officer of the legal subdivision of the government of the place of such person=s residence who is authorized to administer oaths under the laws of such country or place.

b.   If the foreign country=s government does not involve itself in adoption matters, the consent may be executed before an officer of the Judge Advocate General=s Office of the United States Armed Services or before an officer of the United States Embassy located in that country, provided the execution of such consent is not a violation of the laws of the foreign country, or a violation of international law or treaty between the foreign country=s government and the United States.  The consent shall reflect that the consent is not given or accepted in violation of the laws of the foreign country or in violation of international law or treaty between such foreign country=s government and the United States.

2.   If an individual whose consent is necessary is a member of the United States Armed Services stationed in a country or place other than the United States, the individual=s consent may be acknowledged before an officer of the Judge Advocate General=s Office or other legal officer  possessing the authority to administer oaths.

I. If the written instrument containing a consent to adoption is written in a language other than the English language, the petitioner must have it translated into the English language by a qualified translator and must file the original instrument together with the translation with the court.  The translation must be sworn to as being true and correct translation by the person translating the document.

10.  Except as otherwise required by subsection H of this section, when the person whose consent is or may be required resides outside of Oklahoma, the consent to adoption by such person may be executed in that state or country in the manner set forth in the Oklahoma Adoption Code or in the manner prescribed by the laws of the state or country of such person=s residence.

10 O.S. ' 7503 - 2.5

A. At the time that a written consent to adoption or permanent relinquishment is acknowledged by a biological parent before a judge of a court of this state, the judge shall advise the biological parent:

1.   That an adult adopted person born in the State of Oklahoma whose decree of adoption is finalized after November 1, 1997, may obtain such person's original certificate of birth;

2.   That, if affidavits of non-disclosure have been filed by both biological parents and have not been revoked by either biological parent at the time that the request for the original birth certificate is made by the adult adopted person, the original birth certificate will not be released to the adult adopted person; and

3.   That if an unrevoked affidavit of non-disclosure by only one biological parent is on file with the State Registrar of Vital Statistics at the time that the request for the original birth certificate is made by the adult adopted person, identifying information regarding the parent who filed the unrevoked affidavit of non-disclosure will be deleted from the original birth certificate before it is provided to the adult adopted person.  The identity of the parent who does not have an unrevoked affidavit of non-disclosure on file, if it is contained in the original birth certificate, will be disclosed.

B.  1.    The judge shall ascertain whether the biological parent wishes to execute an affidavit of non-disclosure.  If so, an affidavit of non-disclosure form shall be made available to the biological parent by the court and may be executed in the presence of the judge at the time the written consent to adoption or relinquishment for adoption is acknowledged.

2.   An affidavit of non-disclosure signed at the time a consent or relinquishment is acknowledged shall be filed in the adoption action with the consent or relinquishment for adoption.

3.    Affidavit of non-disclosure forms shall also be available in each district court clerk's office and may be executed and filed by a biological parent in the court in which an adoption action is pending.

4.  An affidavit of non-disclosure may be filed after a final decree of adoption has been entered.

C. A biological parent who has executed an affidavit of non-disclosure may revoke the affidavit of  non-disclosure at any time by filing a revocation with the State Registrar of Vital Statistics.  Upon receipt of a revocation of an affidavit of non-disclosure, the State Registrar shall attach the revocation to the affidavit of non-disclosure and file it with the original certificate of birth and other records of the adoption.

D. The failure to follow any provisions of this section shall not be grounds to challenge a decree of adoption.

10 O.S. ' 7503 - 2.6

A. A putative father at least eighteen (18) years of age, of a minor born out of wedlock who is not an Indian child, as defined by the Oklahoma Indian Child Welfare Act, may execute an extrajudicial consent before a notary public in which the putative father waives any legal interest in the minor, disclaims any legal rights with respect to the minor, and consents to the adoption of the minor.  An extrajudicial consent may be executed by a putative father before or after the birth of the minor.

B.  The extrajudicial consent shall contain:

1.  The date, place, and time of the execution of the consent;

2.   The name, current mailing address, telephone number, date of birth, and social security number of the putative father executing the consent;

3.    Instructions that the consent is revocable for any reason for fifteen (15) days after the execution of the consent, the manner in which it may be revoked, and that thereafter the consent is irrevocable, except upon the specific grounds specified in Section 7503-2.7 of this title;

4.   A statement that the putative father is executing the document voluntarily and is unequivocally consenting to the adoption of the minor, and that the putative father understands that the consent is final, and except for fraud or duress or the other grounds set forth in Section 7503-2.7 of this title, may not be revoked for any reason more than fifteen (15) days after execution of the document;

5.   A statement that the putative father executing consent is represented by counsel or has waived the right to counsel;

6.   A statement that the putative father understands that the execution of the extrajudicial consent does not terminate any duty of the person executing the extrajudicial consent to support the mother or the minor until the adoption is completed;

7.   A statement that the putative father executing the consent is not a member of an Indian tribe and that the minor is not, through him, eligible for membership in an Indian tribe;

8.   A statement that the putative father believes that the adoption of the minor is in the minor's best interests;

9.   A statement that the putative father has been advised that an adult adopted person born in Oklahoma, whose decree of adoption is finalized after November 1, 1997, may obtain a copy of such person's original certificate of birth unless affidavits of non-disclosure have been filed pursuant to Section 7503-2.5 of this title and that the consenting putative father may file an affidavit of non-disclosure;

 10.   A statement that the putative father has not received or been promised any money or any thing of value for the extrajudicial consent, except for payments authorized by law; and

 11.   A statement that the putative father is not under the influence of alcohol or medication or other substance that affects his competence at the time of the signing of the extrajudicial consent.

C. An extrajudicial consent shall be revocable for any reason for fifteen (15) calendar days after the execution of the consent before the notary public.  To revoke the extrajudicial consent, the putative father must file a notice of revocation and an intent to claim paternity, an acknowledgment of paternity, or a notice of his desire to receive notice of adoption proceedings or proceedings to terminate his parental rights, with the Paternity Registry of the Department of Human Services pursuant to Section 7506-1.1 of this title, and must provide a copy of this notice to the birth mother at the time of filing the notice with the Paternity Registry of the Department of Human Services.

D. The execution of an extrajudicial consent does not extinguish any duty of the putative father to support the mother or the minor until the adoption is completed.

10 O.S. ' 7503 - 2.7

A. Except as otherwise provided in subsection B of this section and in Section 7503-2.6 of this title, a permanent relinquishment or consent to adoption executed pursuant to the Oklahoma Adoption Code shall be irrevocable.

B.   The court shall set aside a permanent relinquishment or consent to adoption or vacate an order terminating parental rights based upon the execution of a permanent relinquishment only if it would be in the best interests of the minor and if the individual who executed the permanent relinquishment or consent establishes:

1.   By a preponderance of the evidence that without good cause shown, a petition to adopt was not filed within nine (9) months after the minor was placed for adoption;

2.   By a preponderance of the evidence, that another consent or permanent relinquishment was not executed or that a court decided not to terminate another individual's parental relationship to the minor; or

3.   By clear and convincing evidence, before a decree of adoption is issued, or within three (3) months of the discovery of the fraud, whichever is later, that the consent was obtained by fraud or duress.

C. Notice of the motion to set aside the consent or permanent relinquishment and hearing on the motion shall be provided to:

1.  The person who filed for adoption of the minor;

2.   The Department of Human Services or any child-placing agency participating in the adoption; and

3.  To any person or agency in whose favor the consent was given.

D. The court shall provide an opportunity to be heard to the person who has filed for adoption and to any agency participating in the adoption as to why the withdrawal of consent would not be in the best interest of the minor.

E.   The court may enter such orders as justice requires regarding the costs and legal fees of the person who filed for adoption, the agency, the Department and the person seeking that the consent or permanent relinquishment be set aside.

Part 3.  Notice of Plan for Adoption

10 O.S. ' 7503 - 3.1

A. 1.   Before or after the birth of a minor born out of wedlock, the Department of Human Services, a licensed child-placing agency, or an attorney representing prospective adoptive parents of the minor may, by in-hand service to the putative father or certified mail to the putative father, to be signed by the putative father only, notify or cause to be notified a putative father of the minor that the mother of the child is considering an adoptive placement for the minor through a Notice of Plan for Adoption.  If service of the Notice of Plan for Adoption is made by in-hand service, delivery of the Notice must be made by a person licensed to make service of process in civil cases.  Residence service delivered to or signed by a person residing in the home of the putative father or any other forms of substitute service shall not be sufficient service pursuant to this subsection.

2.   Service of a Notice of Plan for Adoption may be served in the manner permitted in this subsection upon a putative father within this state or outside of this state.

B.  The Notice of Plan for Adoption shall include the following:

1.   The identity of the mother, that she is pregnant and the estimated date of birth, that the notified person may be the father of the minor, and that a plan for the adoption of the minor is being considered by the mother;

2.   A preaddressed form for filing by mail or in person with the Paternity Registry of the Department of Human Services and a copy to be returned to the attorney or agency who sent it.  On this form, the recipient shall sign the form and indicate one of the following choices:

a.   "I do not know if I am the father of this minor.  I desire to receive notice of the adoption proceedings or the proceeding to terminate parental rights.  I understand that this creates

no evidence that could be introduced in court to prove paternity.  Its only legal effect is to entitle me to notice, at the address listed on the form, of an adoption proceeding that may be filed after the birth of the minor."

b.   "I hereby file my notice of intent to claim paternity.  I understand that a notice of intent to claim paternity may be revoked at any time by filing a notice to disclaim with the Paternity Registry of the Department of Human Services.  I also understand that an unrevoked notice of intent to claim paternity may be used as evidence in any future court proceeding in which it may be relevant, including a child support proceeding.  I desire to receive notice of the adoption proceeding or the proceeding to terminate parental rights."

c.   "I acknowledge paternity.  I understand that this acknowledgment of paternity cannot be revoked and may be used as evidence in any future court proceeding in which it may be relevant, including a child support proceeding.  I desire to receive notice of the adoption proceeding or the proceeding to terminate parental rights."

d.   "I deny paternity.  I am not the father of the minor and I do not want to receive notice of any adoption proceeding, or proceeding to terminate my parental rights regarding the minor.  I understand that I am waiving and surrendering any parental rights in relation to the minor in connection with the adoption of the minor.  I understand that my consent to the adoption will not be required."

e.   "I may or may not be the father of the minor.  I do not want to receive notice of any adoption proceeding, or proceeding to terminate my parental rights regarding the minor.  I understand that I am waiving and surrendering any parental rights in relation to the minor in connection with the adoption of the minor.  I understand that my consent to the adoption will not be required."

3.  In addition, the Notice of Plan for Adoption shall inform the putative father that:

a.   if the form is not received by the Department of Human Services or the attorney or child-placing agency sending it within thirty (30) days from the date that the Notice of Plan for Adoption is served, the failure to file the form shall constitute:

(1) a waiver of the right to receive further notice of any adoption proceedings or proceedings to terminate parental rights, if any, that may be filed regarding the minor,

(2) a denial of interest in the minor, which denial shall result in the court's termination of the notified party's parental rights to the minor and approval of an adoption without his consent if an adoption proceeding is filed regarding the minor and the adoption is approved by the court,

b.   if the form is received by the Paternity Registry of the Department of Human Services or the attorney or child-placing agency sending it within thirty (30) days of the date of service of the Notice of Plan for Adoption, and it indicates that any of the options specified in subparagraphs a, b and c of paragraph 2 of this subsection have been chosen, the notified person shall have a right to receive notice of any adoption proceedings or any termination of parental rights proceedings that may be filed regarding the minor, at the address given by the putative father on the form, or at an address later provided to the Paternity Registry of the Department of Human Services.  The return of the form to the Paternity Registry of the Department of Human Services or the attorney or child-placing agency sending the form is the only action by which the notified person will retain the right, if any, to notice of adoption or termination of parental rights proceedings regarding the minor,

c.   the filing of the enclosed form shall not, by itself, constitute the bearing of parental responsibilities, and shall not, by itself, establish parental rights,

d.   the filing of the enclosed form or the failure to file the enclosed form shall not affect the duty to support the mother or child during the pregnancy or after the delivery of the minor,

e.   if a petition to adopt the minor is not filed within twelve (12) months of the placement of the minor for adoption, failure to mail the enclosed notice form shall not affect the notified person's parental rights and responsibilities,

f. the failure to give such notice shall not be grounds available to the father to establish that he was denied knowledge of the pregnancy, and

g.   receipt by a putative father of a Notice of Plan for Adoption or return of the form does not obligate the mother of the minor to proceed with an adoptive placement of the minor.

C. If the form is not received by the Paternity Registry of the Department of Human Services, the attorney or child-placing agency within thirty (30) days from the date that the Notice of Plan for Adoption is served, the failure to file the form shall constitute:

1.   A waiver of the right to receive further notice of any adoption proceedings or proceedings to terminate parental rights, if any, that may be filed regarding the minor; and

2.   A denial of interest in the minor, which denial shall result in the court's termination of the notified party's parental rights to this minor and approval of an adoption without his consent if an adoption proceeding is filed regarding this minor and the adoption is approved by the court.

D. If the form is received by the Paternity Registry of the Department of Human Services, or the attorney or child-placing agency within thirty (30) days of the date of service of the Notice of Plan for Adoption, and it indicates that any of the options specified in subparagraphs a, b and c of paragraph 2 of subsection B of this section have been chosen, the putative father shall have a right to receive notice of any adoption proceedings or any termination of parental rights proceedings that may be filed regarding the minor, at the address of the putative father given on the form, or at an address later provided to the Paternity Registry of the Department of Human Services.  The return of the form to the Paternity Registry of the Department of Human Services, or the attorney or child-placing agency sending the form within thirty (30) days is the only action by which the notified person will retain the right, if any, to notice of adoption or termination of parental rights proceedings regarding the minor.

E.   The filing of the enclosed form shall not, by itself, constitute the bearing of parental responsibilities, and shall not, by itself, establish parental rights.

F.   The filing of the enclosed form or the failure to file the enclosed form shall not affect the duty to support the mother or minor during the pregnancy or after the delivery of the minor.

G. If a petition to adopt the minor has not been filed within twelve (12) months of placement of the minor for adoption, failure to mail the enclosed notice form shall not affect the notified person's parental rights and responsibilities.

8.The failure to give such notice shall not be grounds available to the father to establish that he was denied knowledge of the pregnancy.

I.    Receipt by a putative father of a Notice of Plan for Adoption or return of the form does not obligate the mother of the minor to proceed with an adoptive placement of the minor.

 

10. O.S. ' 7503-3.2  

1.1.   If a putative father files a paternity action after receiving notice of or having knowledge of a potential adoption, the putative father shall notify the attorney for the petitioner for adoption or the child-placing agency that is placing the minor for adoption that the paternity action has been filed, including, but not limited to:

a.   the name of the court,

b.   the case number, and

c.   the date of filing.

2.   If the name or location of the attorney for the petitioner for adoption or the child-placing agency placing the minor for adoption cannot be ascertained by the putative father, the putative father shall notify the petitioner for adoption .  If the petitioner for adoption is also unknown to the putative father, the putative father shall notify the Paternity Registry of the Department of Human Services.

2.Upon a motion of the prospective adoptive parent, the court having jurisdiction over the paternity action, if it is filed in a court of this state, shall allow the prospective adoptive parent to intervene in the paternity action and have the opportunity to be heard and seek custody and/or visitation.  If a proceeding for adoption or for termination of parental rights of the putative father and a paternity action by the putative father regarding the same minor are both pending in the courts of this state, upon motion of any party , the court having jurisdiction over the paternity action shall transfer the paternity proceeding to the court in which the adoption or termination proceeding is pending, whereupon the two proceedings may be considered.

 

 

Part 4.  Custody

 

10 O.S. ' 7503-4.1

1.1.   If a mother of a minor born out of wedlock or a mother and father of a minor born in wedlock appear before a judge of the district court prior to birth of the minor and request that the court issue a temporary order of custody effective after the birth of the minor to a child-placing agency licensed in Oklahoma, an attorney licensed in Oklahoma, or a prospective adoptive parent who has presented to the court a favorable preplacement home study, the court may, following the birth of the minor but prior to the execution of a consent or permanent relinquishment by such parent or parents, issue an order of temporary custody to the agency or attorney so designated or, upon review by the judge of the preplacement home study, to the prospective adoptive parent.