D. The provisions of this section shall not prohibit persons employed by the court, the Department of Human Services, a child-placing agency, an attorney participating or assisting in a direct placement adoption or any physician, minister or other person or entity assisting or participating in an adoption from providing partial or complete identifying information between a biological parent and prospective adoptive or adoptive parent if a biological parent and a prospective adoptive or adoptive parent mutually agree to share specific identifying information and each gives written, signed notice of their agreement to the court, the Department of Human Services, the child-placing agency, or any attorney participating or assisting in the direct placement adoption pursuant to the Oklahoma Adoption Code.

E.   Any person in charge of adoption records or having access to adoption records or information who discloses any information, including, but not limited to, all records and reports relevant to the case and any records and reports of examination of the minor's parent or other custodian pertaining to an adoption proceeding, contrary to the provisions of this section, upon conviction thereof, shall be guilty of a misdemeanor.

 

 

10 O.S. ' 7505 - 1.2

A. 1.   In a proceeding pursuant to the Oklahoma Adoption Code, the court shall appoint an attorney for a minor in a contested proceeding pursuant to the Oklahoma Adoption Code and may appoint an attorney for a child in an uncontested proceeding.

2.   The attorney shall be charge with the representation of the child.  To that end, the attorney shall make such further investigation as the attorney deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine witnesses at the preliminary hearing and trial, make recommendations to the court, and participate further in the proceedings to the degree appropriate for adequately representing the child.

3.   The attorney shall be given access to all reports relevant to the case and to any reports of examination of the child=s parents or other custodian made pursuant to this section.

4.   Upon approval of the court, the attorney may be allowed a reasonable fee for services provided by this section.

B.  1.    The court may appoint a separate guardian ad litem for the minor in a contested proceeding and shall appoint a separate guardian ad litem upon the request of a party, the minor, the attorney of the minor or a person or agency having physical or legal custody of the child.

2.   The guardian ad litem shall not be a district attorney, an employee of the office of the district attorney, an employee of the court, an employee of a juvenile bureau, or an employee of any public agency having duties or responsibilities towards the minor.

3.   The guardian ad litem shall be appointed to objectively advocate on behalf of the minor and act as an officer of the court to investigate all matters concerning the best interests of the minor.  In addition to the other duties required by the court an d as specified by the court, a guardian ad litem shall have the following responsibilities:

a.   review relevant documents, reports and other information,

b.   meet with and/or observe the child,

c.   consider the child=s wishes, as appropriate,

d.   interview parents, caregivers and others with knowledge relevant to the case,

e.   advocate for the minor=s best interests by participating in appropriate aspects of the case and advocating for appropriate community and other services when necessary,

f.   maintain the confidentiality of information related to the case,

g.   monitor the minor=s best interests throughout any judicial proceeding, and

h.   advise the court of his or her findings and recommendations, if any, and the facts upon which they are based.

4.   The guardian ad litem shall be given access to the court file and access to all records and reports relevant to the case and to any record and reports of examination of the minor=s parent or other custodian, as specified by the court, subject to such protective orders regarding identifying information as the court deems advisable.

5.   Any person participating in a judicial proceeding as a guardian ad litem shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.

 

 

10 O.S. ' 7505 - 1.3  

Whenever the Oklahoma Adoption Code requires that an order setting the date of hearing and giving notice thereof be signed by a judge, the chief judge in the county may, by judicial order, provide that such order or notice may be signed by the court clerk or the deputy of the court clerk affixing the signature of the court clerk or deputy beneath the place where the judge's name appears followed with the word "by:" and then followed with the signing officer's title.

 

 

10 O.S. ' 7505 - 1.4

Any petitions filed with the court pursuant to the Oklahoma Adoption Code when docketed shall have priority over all cases pending on said docket.  Any other proceedings concerning the adoption of a child shall be expedited by the court.

 

 

Part 2  Preadoption Termination of Parental Rights

 

10 O.S. ' 7505 - 2.1

A. 1.   Prior to the filing of a petition for adoption, an agency, attorney, or prospective adoptive parent to whom a mother has permanently relinquished a minor born out of wedlock may file a petition for the termination of the parental rights of a putative father of the child.  The petition shall be filed with the district court of the county in which the relinquishment was executed or in the county in which the putative father, the petitioner, or the minor resides at the time of the filing of the petition.

2.   The affidavit of expenses required by subsection A of Section 7505-3.2 of this title is not required to be attached to a petition filed pursuant to this section, nor must it be filed prior to issuance of an order terminating parental rights entered in a proceeding brought under this section.

B.  1.    Notice of the hearing on the petition to terminate parental rights and a copy of the petition shall be served upon the putative father in the same manner as summons is served in civil cases, not less than fifteen (15) days prior to the hearing.

2.   The notice shall contain the name of the putative father, or if unknown, the name of the minor, the date of birth of the minor, the date of the hearing, and the ground or grounds for which termination of parental rights is sought.  The notice shall apprise the putative father of his legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the minor which denial may result, without further notice of this proceeding or any subsequent proceeding, in the termination of his parental rights and the transfer of the minor's care, custody or guardianship or in the minor's adoption.

3.   If the identity or whereabouts of a putative father is unknown, the court must determine whether the putative father can be identified or located.  Following an inquiry pursuant to Section 7505-4.3 of this title, if the court finds that the identity or whereabouts of the putative father cannot be ascertained, and this fact is attested to by affidavit of the permanently relinquishing mother or the legal custodian or guardian of the child, it shall order that notice be given by publication and, if the identity is known, that a copy be mailed to the last-known address of the putative father.  The notice shall be published once pursuant to the laws relating to service of notice by publication, in the county in which the action to terminate parental rights is brought, and the hearing shall not be held for at least fifteen (15) days after publication of the notice.  When notice is given by publication, the order terminating parental rights shall not become final for a period of fifteen (15) days from the date of the order.

4.   A putative father may waive his right to notice pursuant to this section.  The waiver signed by the putative father shall include a statement affirming that the putative father signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such putative father pursuant to the provisions of this section and Section 7505-4.2 of this title.  A putative father may also waive his right to notice pursuant to this section, by signing an extrajudicial consent pursuant to Section 7503-2.6 of this title, or by waiving notice on a form filed with the Paternity Registry of the Department of Human Services, or by failing to register with the Paternity Registry of the Department of Human Services after receiving a Notice of Plan for Adoption pursuant to Section 7503-3.1 of this title.

C. When a putative father appears at the hearing and 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 the representation in such proceedings.

D. At the hearing on the petition to terminate parental rights brought pursuant to this section, the court may, if it is in the best interest of the minor:

1.   Accept a permanent relinquishment or consent to adoption executed by the putative father of the minor pursuant to Sections 7503-2.1, 7503-2.3 and 7503-2.4 of this title; or

2.    Terminate  any parental rights which the putative father may have, upon any of the grounds provided in Section 7505-4.2 of this title for declaring a consent unnecessary.

5.1.   If the court at the hearing determines that the putative father is the biological father of the minor, that the adoption requires the consent of the putative father, that the putative father will not consent, and the court does not terminate the parental rights of the putative father, then the court shall schedule a separate hearing to issue an appropriate order for the legal and physical custody of the minor according to the best interests of the minor, if the court has jurisdiction to issue a custody order.  Provided, no such hearing shall be scheduled if a preexisting custody order remains in effect.

2.   The court shall certify that the child-placing agency or the attorney who filed the petition to terminate parental rights, the putative father, and any prospective adoptive parents have received notice of the date of the custody hearing at least fifteen (15) days prior to the date of the hearing.  A biological mother who has signed a consent or permanent relinquishment must be served with notice of the date of the custody hearing, by the party who filed the petition for termination, in the same manner as summons is served in civil cases at least fifteen  (15) days prior to the date of the hearing.

3.   Upon motion to intervene, the court shall join any person or entity entitled to notice under paragraph 2 of this subsection who is not already a party to the proceeding.

4.   At the hearing, the court may award custody to the biological mother, the biological father, the biological parent, if they are married, the prospective adoptive parent, or the Department of Human Services or other licensed child-placing agency, if the Department or agency had legal custody when the petition was filed, according to Section 21.1 of this title, in the best interests of the child. 

5.   The child shall be represented at this hearing by an attorney pursuant to Section 7505-1.2 of this title.

6.The court shall terminate the rights of a putative father if he fails to appear at the hearing on the petition to terminate his parental rights or if he has waived notice pursuant to paragraph 4 of subsection B of this section.

G. No order of the court shall be vacated, set aside, or annulled upon the application of any person who was properly served with notice in accordance with this section but failed to appear unless the applicant can establish by clear and convincing evidence that such failure to appear was due to unavoidable circumstances.  Such application must be filed within ten (10) days of the date of the hearing at which the applicant failed to appear.  No order of the court shall be vacated, set aside, or annulled upon the application of any person who waived notice pursuant to paragraph 4 of subsection B of this section.

8.A proceeding pursuant to this section for termination of parental rights shall be heard by the court without a jury.

1.An appeal may be taken from any final order, judgment, or decree rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection.

1.   In an appeal concerning the termination of parental rights pursuant to this section, the appellant's designation of record shall be filed in the trial court within ten (10) days after the date of the judgment.  Appellee's counter designation of record shall be filed in the trial court ten (10) days after appellant's designation of record is filed in the trial court.

2.   All appeals of cases concerning the relinquishment of a minor or the termination of parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from.  The record on appeal shall be completed within thirty (30) days from the filing of the petition in error.  Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error.

3.  The briefing schedule is established as follows:

a.   appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court,

b.   appellee's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed, and

c.   appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.

10.  The pendency of an appeal shall not suspend the order of the district court regarding a minor, nor shall it remove the minor from the custody of that court or of the person, institution, or agency to whose care such minor has been committed, unless the Supreme Court shall so order.

11.  Any appeal when docketed should have priority over all cases pending on said docket.  Adjudication of the appeals and in any other proceedings concerning the relinquishment of the child or the termination of parental rights pursuant to this section shall be expedited by the Supreme Court.

12.  1.   The preadoption termination of parental rights pursuant to his section terminates the parent-child relationship, including the parent=s right to the custody of the child and the parent=s right to visit the child, the parent=s right to control the child=s training and education, the necessity for the parent to consent to the adoption of the child, the parent=s right to the earnings of the child, and the parent=s right to inherit form or through the child.  Provided, that this subsection shall not in any way affect the right of the child to inherit from the parent.

2.   Termination of parental rights shall not terminate the duty of the putative father whose rights have been terminated to support the child unless the court determines he is not the biological father.  The duty of a putative father to support his minor child shall not be terminated until such time as a final decree of adoption has been entered.

 

 

Part 3  Petitions for Adoption

 

10 O.S. ' 7505 --3.1

A. A petition for adoption shall be verified by the petitioner, and shall specify:

1.   The full names, ages and places of residence of the petitioner or petitioners and, if married, the place and date of the marriage;

2.   When the petitioner acquired or intends to acquire custody of the minor and from what person or agency custody is to be acquired;

3.  The date, place of birth, gender and race of the minor;

4.   The name used for the minor in the proceeding and, if a change in name is desired, the new name requested;

5.   That it is the desire of the petitioner that the relationship of parent and minor be established between the petitioner and the child;

      6.   A full description and statement of value of all property owned or possessed by the minor, if any;

      7.   The name or relationship of the minor to any individual who has executed a consent, extrajudicial consent for adoption or a permanent relinquishment to the adoption, and the name or relationship to the minor of any individual whose consent, extrajudicial consent for adoption or permanent relinquishment may be required, and any fact or circumstance that may excuse the lack of consent;

8.   That a previous petition by the petitioner to adopt has or has not been made in any court, and its disposition;

9.   That a copy of the preplacement home study completed pursuant to subsection A of Sections 7505-5.1 and 7505-5.3 of this title is attached to or filed with the petition.  If the preplacement home study has not been completed, the petition shall specify that a waiver has been signed by a court pursuant to subsection B of Section 7505-5.1 of this title, and that a copy of the waiver is attached to or filed with the petition; or shall include a statement regarding why the preplacement home study is not required pursuant to subsection C of Section 7505-5.1 of this title; or shall specify that the minor is not yet in the physical custody of the petitioner;

10. Whether any other home study or professional custody evaluation has been conducted regarding one or both of the petitioners, whether performed for this adoption or for any other purpose.  If such a study or evaluation has been completed, a copy of the study or evaluation

shall be attached to the petition, if reasonably available;

11. A description of any previous court order, litigation or pending proceeding known to the

petitioner concerning custody of or visitation with the minor or adoption of the minor and any other fact known to the petitioner and needed to establish the jurisdiction of the court;

 12.   The county in which the minor is currently residing, the places where the minor has lived within the last five (5) years and the name and present addresses, if known, of the persons with whom the minor has lived during that period, and the name of any person, if known, not a party to the proceeding who has physical custody of the minor or claims to have custody or visitation rights with respect to the minor; and

 13.   A statement that to the best of the petitioner's actual knowledge and belief, as of the date of filing, the minor is or is not an Indian child, as defined by the Oklahoma Indian Child Welfare Act, and identification of the minor's known or suspected Indian tribe, if any.

B.   Any written consent, extrajudicial consent for adoption or permanent relinquishment required by the Oklahoma Adoption Code may be attached to the petition, or may be filed, after the filing of the petition.

 

 

10 O.S. ' 7505 - 3.2

A.  1.   An affidavit shall be attached to the petition for adoption, or may be filed after the filing of the petition for adoption, but prior to the final decree of adoption, which discloses to the court all of the costs, funds, or monies expended by the adoptive family or expected to be expended in connection with the adoption of a minor.

2.   No final decree of adoption shall be entered until the court is satisfied that all costs and expenses have been disclosed, are reasonable, and that the costs and expenses do not violate the provisions of subsection B of this section.  Upon its review of the affidavit of monies expended, the court shall in writing disapprove any expenditure that the court deems unreasonable or in violation of Sections 865 through 869 of Title 21 of the Oklahoma Statutes and, to the extent necessary to comply with Oklahoma law, shall order reimbursement of any consideration given in violation of Sections 865 through 869 of Title 21 of the Oklahoma Statutes.  Payments made pursuant to this section shall not be a violation of Sections 865 through 869 of Title 21 of the Oklahoma Statutes.

B.  1.    Except as otherwise specifically provided by law, the following list of adoption-related costs and expenses specified in this paragraph may be deemed proper items for a person to pay in

connection with an adoption:

a.   reasonable attorney fees and court costs,

b.   reasonable medical expenses for birth mother and minor to be adopted,

c.   reasonable adoption counseling expenses for birth parents before and after the birth of the minor, not to exceed six (6) months from placement of the minor,

d.   reasonable fees of a licensed child-placement agency,

e.   in cases of extraordinary need, reasonable expenses for necessities of the birth mother that are incurred during or as a result of the pregnancy, not to exceed two (2) months from placement of the minor,

f.   reasonable costs for travel or transportation of the birth mother or minor as same is incurred for medical or adoption placement needs,

g.   reasonable expenses for a home study, and

h.   reasonable expenses legally required by any governmental entity related to the adoption of a minor.

2.   In addition, all expenses approved by the court should be commensurate with other customary fees for similar services by persons of equivalent experience and training where the services are performed.  Any services provided outside this state shall be allowed in an amount as if the services had been performed within the State of Oklahoma.

3.   The provisions of this subsection shall apply to living and transportation expenses incurred after the biological mother of the minor contacts the child-placing agency or attorney for adoption services.

4.   The provisions of this subsection shall not prohibit a court from extending any time period, or including any additional costs and expenses in connection with an adoption other than those specified in this subsection based on unusual circumstances or need.

5.   Except as otherwise ordered by the court except for good cause shown, all payments made pursuant to this section shall be paid directly to the third-party provider of services or goods.

C. Any person desiring to pay costs and expenses to or on behalf of a birth parent is authorized to expend an initial amount not to exceed Five Hundred Dollars ($500.00) for such costs and expenses without first obtaining court approval as required by paragraph 1 of subsection C of this section.  Any such costs and expenses shall be disclosed as is otherwise required by the Oklahoma Adoption Code.

4.1.   Except for the amount authorized by subsection C of this section, the payment of any living or transportation expenses for benefit of the birth mother as authorized in subsection B, paragraphs (e) and (f), shall be approved in advance by the court.

2.   The person, attorney, or licensed child placing agency desiring to pay living or transportation expenses on behalf of a birth mother which exceed the amount in subsection C of this section shall file a petition for an order approving payment of adoption-related expenses.

3.   The petition for an order approving payment of adoption-related expenses may be filed in the district court where the birth mother resides, in the county where the petitioner, attorney, or child placing agency is located, or in the county where the adoption petition is to be filed.

4.   The petition shall be captioned: AIn the matter of Baby (name).@  The petition shall include a listing of all anticipated living or transportation expenses to be paid on behalf of the birth mother for which court approval is being sought.  If additional expenditures not previously authorized by the court are needed on behalf of the birth mother, an amended petition may be filed with the court.

5.   The petition shall be heard by the court within ten (10) days of filing.  The court clerk shall charge the same cost for a petition for payment of expenses as is charged for the filing of an adoption petition.  In the event an adoption petition is later filed in the same county, the adoption petition shall be filed as an amended petition within the same case in which payment for expenses was approved and no additional court costs shall be required.

6.   Any order authorizing payment shall be attached to a petition for adoption.  If no adoption petition is filed, the court shall retain jurisdiction to enter any orders deemed appropriate regarding the reimbursement of costs and expenses paid.  If the child is placed for adoption outside the state of Oklahoma, any such order shall be submitted to the Interstate Compact on the Placement of Children and to the court in the other state where the petition for adoption is to be filed.

 

 

Part 4:  Adoption without Consent and Termination of Parental Rights

 

10 O.S. ' 7505 - 4.1

A. If a consent to adoption or permanent relinquishment for adoption has not been obtained from both parents of a minor who is the subject of a petition for adoption, and the rights of the nonconsenting parent or parents have not previously been terminated, the petitioner for adoption, a consenting parent, or a legal guardian or legal custodian of the minor to be adopted must file an application to the court stating the reason that the consent or relinquishment of the parent or

parents is not necessary.  In the alternative, if the nonconsenting parent is a putative father of a minor born out of wedlock, the petitioner for adoption, a consenting parent, or a legal guardian or legal custodian of the minor may file an application to terminate the parental rights of the putative father.  The grounds for terminating a putative father pursuant to this section shall be identical to the grounds for permitting an adoption without the consent of a parent, pursuant to Section 7505-4.2 of this title.

2.A hearing on an application for adoption without consent or an application to terminate parental rights cannot be combined with the hearing on the application for a final decree of adoption.  For good cause shown, a hearing on the application for a final decree of adoption may be heard as early as the same day as a hearing on an application to terminate parental rights, without prejudice to the rights of any parties to appeal from the order terminating parental rights.

3.1.   Prior to the hearing on the application to permit the adoption of the minor without the consent or relinquishment of a parent, or the application to terminate the rights of a putative father filed pursuant to this section, notice of the hearing on the application and a copy of the application shall be served upon the parent or putative father who is the subject of the application in the same manner as summons is served in civil cases, not less than fifteen (15) days prior to the hearing.

2.   The notice shall contain the name of the parent, putative father, or if the father is unknown, the name of the child, date of birth of the child, the date of the hearing, and the ground or grounds for which application for adoption without consent or relinquishment or termination of parental rights is sought.  The notice shall apprise the parent or putative father of the parent's legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in the granting of the application for adoption without consent or permanent relinquishment or in the termination of the putative father's parental rights and in the child's adoption.

3.   If the identity or whereabouts of a parent or putative father are unknown, the court must determine whether the parent or putative father can be identified or located.  Following an inquiry pursuant to Section 7505-4.3 of this title, if the court finds that the identity or whereabouts of the putative father cannot be ascertained, and this fact is attested to by affidavit of the consenting parent, legal guardian or legal custodian of the minor, it shall order that notice be given by publication and, if the identity is known, that a copy be mailed to the last-known address of the parent or putative father.  The notice shall be published once pursuant to the laws relating to the service of notice by publication in the county in which the petition to adopt is filed, and the hearing shall not be held for at least fifteen (15) days after publication of the notice.  When notice is given by publication, an order terminating parental rights shall not become final for a period of fifteen (15) days from the date of the order.

4.   A parent or putative father may waive such person's right to notice pursuant to this section.  The waiver, signed by the parent or putative father, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for ordering adoption without consent of the parent or for the termination of the parental rights of a putative father pursuant to the provisions of this section and Section 7505-4.2 of this title.  A putative father may waive his right to notice under this section, by signing an extrajudicial consent pursuant to Section 7503-2.6 of this title, or by waiving notice on a form filed with the Paternity Registry of the Department of Human Services, or by failing to register with the Paternity Registry of the Department of Human Services after receiving a Notice of Plan for Adoption pursuant to Section 7503-3.1 of this act.

4.   When a parent or putative father appears at the hearing and 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's indigent defenders shall assume the duties of representation in such proceedings.

E.   At the hearing on an application to permit adoption without the consent or relinquishment of a parent, the court may determine whether the minor is eligible for adoption pursuant to Section 7505-4.2 of this title.  At the hearing on an application to terminate the parental rights of a putative father, the court may, if it is in the best interests of the minor, determine that the consent of the putative father to the adoption of the minor is not required, and terminate any parental rights which the putative father may have, as provided in Section 7505-4.2 of this title.

F.   The court shall terminate the parental rights of a putative father if he fails to appear at the hearing on the application to terminate his parental rights or if he has waived notice pursuant to paragraph 4 of subsection C of this section.

7.A proceeding pursuant to this section for determination of necessity of parental consent or for termination of parental rights shall be heard by the court without a jury.

H.  No order of the court shall be vacated, set aside, or annulled upon the application of any person

who was properly served with notice in accordance with this section but failed to appear, unless the applicant has established by clear and convincing evidence that such failure to appear was due to unavoidable circumstances.  Such application must be filed within ten (10) days of the date of the hearing at which the applicant failed to appear.  No order of the court shall be vacated, set aside or annulled upon the application of any person who waived notice pursuant to paragraph 4 of subsection C of this section.

1.1.   a.   An appeal may be taken from any final order, judgment, or decree terminating parental rights rendered pursuant to this section to the Supreme Court by any person aggrieved thereby, in the manner provided for appeals from the court as provided in this subsection.

b.   An appeal from an order determining a child eligible for adoption which does not terminate parental rights may be taken in the same manner provided for appeals from the court as provided in this subsection.  The failure of a parent to appeal from an order declaring a child eligible for adoption without consent of the parent which does not terminate parental rights shall not preclude such parent from asserting error in the order after the final decree is rendered.

2.   In an appeal concerning the termination of parental rights for purposes of adoption pursuant to this section or an order determining a child eligible for adoption which does not terminate parental rights pursuant to this section, the  appellant's designation of record shall be filed in the trial court within ten (10) days after the date of the judgment or order.  Appellee's counter designation of record shall be filed in the trial court ten (10) days after appellant's designation of record is filed in the trial court.

3.   All appeals of cases concerning the termination of parental rights for purposes of adoption or an order determining a child eligible for adoption which does not terminate parental rights pursuant to this section shall be initiated by filing a petition in error in the Supreme Court within thirty (30) days of the filing of the order, judgment, or decree appealed from.  The record on appeal shall be completed within thirty (30) days from the filing of the petition in error.  Any response to the petition in error shall be filed within twenty (20) days from the filing of the petition in error.

4.  The briefing schedule is established as follows:

a.   appellant's brief in chief shall be filed twenty (20) days after the trial court clerk notifies all parties that the record is complete and such notice has been filed in the office of the Clerk of the Supreme Court,

b.   appellant's answer brief shall be filed fifteen (15) days after the appellant's brief in chief is filed, and

c.   appellant's reply brief may be filed within ten (10) days after the appellee's answer brief is filed.

J.    Any appeal when docketed should have priority over all cases pending on said docket.  Adjudication of  appeals and any other proceedings concerning the termination of parental rights or the determination that a child is eligible for adoption without consent which does not terminate parental rights pursuant to this section shall be expedited by the Supreme Court.

11.  The pendency of an appeal shall not suspend the order of the district court regarding a minor, nor shall it remove the minor from the custody of that court or of the person, institution, or agency to whose care such minor has been committed, unless the Supreme Court shall so order.

12.  1.   The termination of parental rights terminates the parent-child relationship, including the parent=s right to the custody of the child and the parent=s right to visit the child, the parent=s right to control the child=s raining and education, the necessity for the parent to consent to the adoption of the child, the parent=s right to the earnings of the child, and the parent=s right to inherit from or through the child.  Provided, that this subsection shall not in any way affect the right of the child to inherit from the parent.

2.   Termination of parental rights pursuant to this section shall not terminate the duty of either parent to support the minor child of such parent.  The duty of the parent to support the minor child shall not be terminated until such time as a final decree of adoption has been entered.

3.   A determination that the consent to adoption is not required from the parent of a minor shall not, by itself, act to relieve such parent of the obligation to provide for the support of the minor as otherwise required by law.  The duty of the parent to support the minor child shall not be terminated until such time as a final decree of adoption has been entered.

 

10 O.S. ' 7505-4.2

A. Consent to adoption is not required from a putative father of a minor who, at the hearing provided for in Section 7505-2.1 or 7505-4.1 of this act, fails to prove he is the father of the child.

B.   Consent to adoption is not required from a parent who, for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption of a child or a petition to terminate parental rights pursuant to Section 7505-2.1 of this title, has willfully failed, refused, or neglected to contribute to the support of such minor:

1.   In substantial compliance with an order entered by a court of competent jurisdiction adjudicating the duty, amount, and manner of support; or

2.    According to such parent's financial ability to contribute to such minor's support if no provision for support is provided in an order.

The incarceration of a parent in and of itself shall not prevent the adoption of a minor without consent.

C. Consent to adoption is not required from a father or putative father of a minor born out of wedlock if:

1.   The minor is placed for adoption within ninety (90) days of birth, and the father or putative father fails to show he has exercised parental rights or duties towards the minor, including, but not limited to, failure to contribute to the support of the mother of the child to the extent of his financial ability during her term of pregnancy; or

2.   The minor is placed for adoption within fourteen (14) months of birth, and the father or putative father fails to show that he has exercised parental rights or duties towards the minor, including, but not limited to, failure to contribute to the support of the minor to the extent of his financial ability, which may include consideration of his failure to contribute to the support of the mother of the child to the extent of his financial ability during her term of pregnancy.

Failure to contribute to the support of the mother during her term of pregnancy shall not in and of itself be grounds for finding the minor eligible for adoption without such father's consent.  The incarceration of a parent in and of itself shall not prevent the adoption of a minor without consent.

4.In any case where a father or putative father of a minor born out of wedlock claims that, prior to the receipt of notice of the hearing provided for in Sections 23 and 26 of this act, he had been specifically denied knowledge of the minor or denied the opportunity to exercise parental rights and duties toward the minor, such father or putative father must prove to the satisfaction of the court that he made sufficient attempt to discover if he had fathered a minor or made sufficient attempt to exercise parental rights and duties toward the minor prior to the receipt of notice.

E.   Consent to adoption is not required from a parent or putative father who waives in writing his right to notice of the hearing provided for in Section 23 or 26 of this act.

F.   Consent to adoption is not required from a parent or putative father who fails to appear at the hearing provided for in Section 23 or 26 of this act if all notice requirements contained in or pursuant to such sections have been met.

G. Consent to adoption is not required from a parent who is entitled to custody of a minor and has abandoned the minor.

H. Consent to adoption is not required from a parent who willfully fails to maintain a significant relationship with a minor through visitation or communication for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption of the child.

I. Consent to adoption is not required from a parent who has been convicted in a criminal action

 pursuant to the provisions of Sections 7102 and 7115 of this title and Sections 1021.3, 1111 and 1123 of Title 21 of the Oklahoma Statutes or who has either:

1.    Physically or sexually abused the minor or a sibling of such minor or failed to protect the minor or a sibling of such minor from physical or sexual abuse that is heinous or shocking to the court or that the minor or sibling of such minor has suffered severe harm or injury as a result of such physical or sexual abuse; or

2.    Physically or sexually abused the minor or a sibling of such child or failed to protect the minor or a sibling of such minor from physical or sexual abuse subsequent to a previous finding that such parent has physically or sexually abused the minor or a sibling of such minor or failed to protect the minor or a sibling of such minor from physical or sexual abuse.

J.    Consent to adoption is not required from a parent who has been convicted in a criminal action of having caused the death of a sibling of the minor as a result of the physical or sexual abuse or chronic neglect of such sibling.

K. Consent to adoption is not required from a parent if the parent has been sentenced to a period of incarceration of not less than ten (10) years, and the continuation of parental rights would result in harm to the minor based on consideration of the following factors, among others:  the duration of incarceration and its detrimental effect on the parent/child relationship; any previous incarcerations; any history of criminal behavior, including crimes against children; the age of the minor; the evidence of abuse or neglect of the minor or siblings of the minor by the parent; and the current relationship between the parent and the minor and the manner in which the parent has exercised parental rights and duties in the past.

L.  Consent to adoption is not required from:

1.   A parent who has a mental illness or mental deficiency, as defined by paragraphs f and g of Article II of Section 6‑201 of Title 43A of the Oklahoma Statutes, which renders the parent incapable of adequately and appropriately exercising parental rights, duties and responsibilities;

2.   The continuation of parental rights would result in harm or threatened harm to the minor; and

3.   The mental illness or mental deficiency of the parent is such that it will not respond to treatment, therapy or medication and, based upon competent medical opinion, the condition will not substantially improve.

M. Consent to adoption is not required from a putative father who has been served with a Notice of Plan for Adoption pursuant to Section 16 of this act and who returns the form to the Paternity Registry of the Department of Human Services or agency or attorney who served him explicitly waiving a right to notice and legal rights to the minor or who fails to return the form pursuant to Section 16 of this act in time for the form to be received by the Paternity Registry of the Department of Human Services or the agency or attorney who served him within thirty (30) days from the date the Notice of Plan for Adoption was served upon the putative father.

N.  Consent to adoption is not required from:

1.   An individual who has permanently relinquished the minor pursuant to the Oklahoma Adoption Code;

2.   An individual whose parental relationship to a minor has been legally terminated or legally determined not to exist; or

3.  The personal representative of a deceased parent's estate.

15.  Consent to adoption is not required from a parent who has voluntarily placed a minor child in the care of a licensed child care institution or child-placing agency, if the minor has remained in out-of-home care for eighteen (18) months or more, and the parent has willfully failed to substantially comply for twelve (12) consecutive months out of the fourteen-month period immediately preceding the filing of the petition for adoption with a reasonable written plan of care.  Provided, the willful failure to comply with the written plan of care may not be a ground for adoption without consent unless the plan of care, at the time it was initially executed by the parent, contained notice that failure to substantially comply constitutes grounds for adoption without consent.  The reasonableness of the plan shall be a question of f act to be determined by the court.

 

10 O.S. ' 7505 - 4.3

A. If, at any time in a proceeding for adoption or for termination of a relationship of parent and child pursuant to the Oklahoma Adoption Code, the court finds that an unknown father or putative father of the child may not have received notice, the court shall determine whether he can be identified.  The determination must be based on evidence that includes inquiry of appropriate persons in an effort to identify an unknown father or putative father for the purpose of providing notice.

B.  The inquiry required by subsection A of this section must include whether:

1.   The woman who gave birth to the child was married at the probable time of conception of the child, or at a later time;

2.  The woman was cohabiting with a man at the probable time of conception of the child;

3.   The woman has received payments or promises of support, other than from a governmental agency, with respect to the child or because of her pregnancy;

4.   The woman has named any individual as the father on the birth certificate of the child or in connection with applying for or receiving public assistance; and

5.   Any individual has formally or informally acknowledged or claimed paternity of the child in a jurisdiction in which the woman resided during or since her pregnancy, or in which the child has resided or resides, at the time of the inquiry.

C. If inquiry pursuant to subsection B of this section identifies as the father or putative father of the child an individual who has not received notice of the proceeding, the court shall require notice to be served upon him pursuant to Section 7505-2.1 or 7505-4.1 of this title.

D. If, in an inquiry pursuant to this section, the woman who gave birth to the child fails to disclose the identity of a possible father or reveal his whereabouts, she must be advised that the lack of information about the father's medical and genetic history may be detrimental to the child.  She should also be advised that any false statement that she might make under oath or affirmation at a hearing or trial before the court regarding her knowledge of the identity or whereabouts of a possible father, if she knows or believes that the statement is not true or intends thereby to obstruct the ascertainment of the truth, could constitute grounds for a criminal prosecution for perjury.

 

 

Part  5  Home  Studies

 

10 O.S. ' 7505 - 5.1

A. Except as otherwise provided in this section, only a person for whom a favorable written preplacement home study has been prepared may accept custody of a minor for purposes of adoption.  A preplacement home study is favorable if it contains a finding that the person is suited to be an adoptive parent, either in general or for a particular minor, and it is completed or brought current within twelve (12) months next preceding a placement of a minor with the person for adoption.

B.   A court may waive the requirement of a preplacement home study for good cause shown, but a

person who is the subject of a waiver must be evaluated during the pendency of a proceeding for adoption.

C. A preplacement home study is not required if a parent or guardian places a minor directly with a relative of the minor for purposes of adoption, but a preplacement home study of the relative is required during the pendency of a proceeding for adoption.

4.For purposes of this subsection, the State of Oklahoma elects to make subparagraph (A) of paragraph 20 of subsection 3 of Section 471(a) of the Social Security Act (Public Law 105-89) inapplicable to Oklahoma.  Instead, the State of Oklahoma requires that:

1.   Except as otherwise provided by this subsection, prospective adoptive parent shall not be approved for placement of a child if the petitioners or any other person residing in the home of the petitioners has been convicted of any of the following felony offenses:

a.   within the five-year period preceding the date of the petition, physical assault, domestic  abuse, battery or a drug-related offense, except as otherwise authorized by this subsection,

b.   child abuse or neglect,

c.   a crime against a child, including, but not limited to, child pornography, and

d.   a crime involving violence, including but not limited to, rape, sexual assault or homicide, but excluding physical assault or battery.

2.   A prospective adoptive parent may be an approved placement regardless of whether such parent has been convicted of any of the felony offenses specified by subparagraph a of paragraph 1 of this subsection, if an evaluation has been made and accepted by the court which considers the nature and seriousness of the crime in relation to the adoption, the time elapsed since the commission of the crime in relation to the adoption, the time elapsed since the commission of the crime, the circumstances under which the crime was committed, the degree of rehabilitation, the number of crimes committed by the person involved, and a showing by clear and convincing evidence that the child will not be at risk by such placement.