A. 1. Prior to the filing of a petition for adoption, a child-placing agency, attorney, or prospective adoptive parent to whom a parent having legal custody has executed a consent to adoption or has permanently relinquished a minor born out of wedlock may file a petition for the termination of the parental rights of a putative father or a parent 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, a parent, 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 such putative father or a parent 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 parent, 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 or parent of his or her 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 or her parental rights and the transfer of the care, custody or guardianship of the minor or in the adoption of the minor.
3. If the identity or whereabouts of a putative father or parent is unknown, the court must determine whether the putative father or parent 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 or parent cannot be ascertained, and this fact is attested to by affidavit of the consenting or permanently relinquishing person 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 or parent. 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 or parent may waive the right to notice pursuant to this section. The waiver shall be in writing and shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of such person pursuant to the provisions of this section and Section 7505-4.2 of this title. A putative father or legal or biological 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 or parent 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 or parent 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 or parent may have upon any of the grounds provided in Section 7505-4.2 of this title for declaring a consent unnecessary.
E. 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 or does not terminate the rights of the other parents, 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, the parent, 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 parent having legal custody 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 parents, if they are married, a parent, 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.
F. The court shall terminate the rights of a putative father or parent if the person fails to appear at the hearing on the petition to terminate parental rights or if a waiver of notice pursuant to paragraph 4 of subsection B of this section has been filed with the court.
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.
H. A proceeding pursuant to this section for termination of parental rights shall be heard by the court without a jury.
I. 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 designation of record by the appellant shall be filed in the trial court within ten (10) days after the date of the judgment. The counter designation of record by the appellee shall be filed in the trial court ten (10) days after designation of record by the appellant is filed in the trial court.
2. All appeals of cases concerning 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:
J. 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.
K. 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.
L. 1. The preadoption termination of parental rights pursuant to this section terminates the parent-child relationship, including the right of the parent to the custody of the child and the right of the parent to visit the child, the right of the parent to control the training and education of the child, the necessity for the parent to consent to the adoption of the child, the right of the parent to the earnings of the child, and the right of the parent 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 shall not terminate the duty of the putative father or parent whose rights have been terminated to support the child unless the court determines the person is not the parent. The duty of a putative father or parent to support the minor child shall not be terminated until such time as a final decree of adoption has been entered.
Added by Laws 1997, c. 366, § 23, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 18, emerg. eff. June 11, 1998; Laws 2006, c. 253, § 1, eff. July 1, 2006.
Structure Oklahoma Statutes
§10-6.5. Use of certain words in reference to children born out of wedlock prohibited.
§10-21.10. Child assessment in voluntary out-of-home placement.
§10-22.1. Legislative findings and intent – Foster care by grandparents or other relative.
§10-40.1. Purpose - Policy of state.
§10-40.3. Application of act - Exemptions - Determination of Indian status.
§10-40.4. Indian child custody proceedings – Notice.
§10-40.5. Emergency removal of Indian child from parent or custodian - Order.
§10-40.6. Placement preference.
§10-40.8. Payment of foster care expenses under certain circumstances.
§10-90.4. Children born out of wedlock - Change of name.
§10-91. Authority of district courts.
§10-92. Procedure to confer rights of majority - Petition - Jurisdiction and venue - Decree.
§10-93. Notice of hearing of petition to be given by certified mail and by publication in newspaper.
§10-114.6. Rehabilitation of juvenile offenders through court supervised work projects.
§10-116b. Duties of probation officer - Investigations.
§10-116c. Assistant probation officer - Salary.
§10-116d. Construction of act.
§10-116e. Salary of probation officer.
§10-116f. Secretaries to probation officer - Duties - Salary.
§10-116g. Salaries in counties of over 200,000.
§10-133. Board of general supervision - Appointments - Salaries and removal of appointees.
§10-136. Visits by parents, guardians and near relatives.
§10-151. Control vested in local boards of education.
§10-152. Reports of number of children requiring school facilities.
§10-153. Inclusion of cost of education in school districts' budgets.
§10-154. School superintendents' reports of children attending schools.
§10-170.2. Emergency treatment.
§10-175.1. Legislative intent and purpose.
§10-175.4. Commission as agent of the state.
§10-175.5. Rules and regulations.
§10-175.7. Powers of Commission.
§10-175.8. Fund - State Treasurer.
§10-175.9. Homes - Right to enter.
§10-175.10. Applications for crippled children's services.
§10-175.12. Oklahoma Children's Hospital.
§10-175.20. Day treatment programs - Definition - Required programs and policies.
§10-361. Santa Claus Commission - Creation - Membership - Christmas presents.
§10-363. Claims - Approval and payment.
§10-401. Purpose and policy of law - Minimum standards.
§10-403. Exemptions from application of act.
§10-404. Minimum requirements and desirable standards.
§10-404.2. Demarion’s Law – Short title.
§10-404.3. Demarion's Law - Mandatory liability insurance for facilities
§10-405. Necessity and issuance of license – Temporary authorization.
§10-405.2. Online child care database.
§10-405.3. Online Restricted Registry.
§10-405.5. Continuation of license upon inheritance or purchase of a facility.
§10-406. Investigations - Notice of violation – Confidentiality – Anonymous complaint system.
§10-406.1. Indian tribe-operated child care facility - Inspection agreement.
§10-407. Revocation of license or refusal to issue or renew - Emergency action - Citation.
§10-410. Violations - Punishment.
§10-410.1. Quality of Care Development Fund.
§10-411. Certificate of immunization as condition for admission to day care facility - Waiver.
§10-412. Manner and frequency of immunizations - Enforcement of act.
§10-414. Administration of immunizations - Persons eligible - Indigent persons.
§10-415. Child with reportable contagious disease to be excluded from day care facility.
§10-418. Authority to obtain evidence - Administration of oaths.
§10-420. Child Care Center Bill of Rights.
§10-452. Transfer of property, contracts and funds.
§10-454. Powers and duties of Commission and Director.
§10-455. Laws not inconsistent to remain in effect.
§10-553. Persons authorized - Consent.
§10-554. Legal status of child or children born as result of heterologous oocyte donation.
§10-556. Human embryo transfer and donation – Consents – Legal rights, obligations or interests.
§10-557. Short title - Oklahoma Gestational Agreement Act.
§10-557.3. Gestational agreement – Legal contract.
§10-557.4. Gestational carrier - Qualifications.
§10-557.5. Necessary parties to agreement - Requirements.
§10-557.6. Agreement requirements - Validation.
§10-557.7. Validated agreement required prior to transfer of gametes or embryos.
§10-557.8. Limited enforceability of an unvalidated agreement.
§10-557.9. Procedure to obtain court validation.
§10-557.11. Rights of child – Parent-child relationship.
§10-557.12. Notice of birth to be filed with court – Court order.
§10-557.13. Amendments to agreement must be validated.
§10-557.14. Termination of agreement.
§10-557.15. Proceedings governed by Code of Civil Procedure - Confidentiality.
§10-557.16. Venue and jurisdiction.
§10-557.17. Compensation to gestational carrier.
§10-557.18. Donors may be parties to the agreement.
§10-557.19. Gametes or embryos of the gestational carrier or gestational spouse.
§10-557.20. Parents to be listed on certificate of birth.
§10-557.21. Death of intended parent prior to birth of child – Testamentary and inheritance rights.
§10-557.22. Marriage or divorce of a gestational carrier.
§10-557.23. Laboratory or clinical error.
§10-557.24. Breach of agreement.
§10-557.25. Application with other laws.
§10-577. Enactment of compact - Text.
§10-601.1. Oklahoma Commission on Children and Youth - Creation - Membership.
§10-601.3. Oklahoma Commission on Children and Youth - Duties.
§10-601.4. Additional duties and responsibilities of Commission.
§10-601.5. Director - Powers and duties.
§10-601.6. Office of Juvenile System Oversight - Powers, duties and authority.
§10-601.6a. Office of Planning and Coordination for Services to Children and Youth - Duties.
§10-601.10. Oklahoma Commission on Children and Youth Revolving Fund.
§10-601.12. Community partnership plan for children and youth services.
§10-601.14. Children's Endowment Fund of Oklahoma.
§10-601.20. Children of Incarcerated Parents Task Force.
§10-601.30. Board of Child Abuse Examination - Membership - Officers - Meetings - Quorum.
§10-601.62. Legislative intent.
§10-601.64. Duties of the Oklahoma Commission on Children and Youth.
§10-601.65. Proposed submission procedures and criteria.
§10-601.67. Children with Disabilities Comprehensive Systems of Services Revolving Fund.
§10-601.68. Not-for-profit foundation.
§10-601.69. Curriculum for abuse-prevention instructional programs.
§10-601.80. Short title - Family Support Accountability Act - Definitions.
§10-601.81. Home visiting programs – Requirements – Objectives – Annual report.
§10-603.1. Short title - Purpose - Implementation.
§10-603.4. Day treatment program standards.
§10-620.1. Purpose of act - Release and transfer of information.
§10-620.2. Appointment of task force - Membership - Duties.
§10-620.3. Agencies to promulgate uniform rules and procedures.
§10-620.4. Contents of rules and procedures.
§10-620.5. Transfer and release of confidential information - Adoption of procedures.
§10-620.6. Guidelines and forms for inspection, release, disclosure, etc. of records.
§10-640.1. Oklahoma Partnership for School Readiness Board.
§10-640.2. Powers and responsibilities of Board.
§10-640.3. School readiness foundation.
§10-700. Delegation of powers regarding child care and custody.
§10-701. Statutory form for power of attorney to delegate parental or legal custodian powers.
§10-1116.2. Postadjudication review boards.
§10-1116.3. Advisory status of review boards - Duties and responsibilities.
§10-1116.4. Disclosure of certain information prohibited - Exceptions.
§10-1116.6. Postadjudication Review Advisory Board.
§10-1150.2a. Production of documents - Subpoena.
§10-1150.6. Child maltreatment medical review.
§10-1409. Transfer of powers and duties.
§10-1410. Personal properties - Contracts and leases - Unexpended funds.
§10-1411.1. Developmental Disabilities Services Division - Periodic reports.
§10-1411.2. Developmental Disabilities Services Division waiting list - Voucher waiver program.
§10-1414. Admission of individuals with intellectual disability - Applications - Release.
§10-1414.1. Greer Center Facility - Admission guidelines and procedures.
§10-1416. Liability for care and treatment.
§10-1417. Clinics - Outpatient facilities - Day care centers.
§10-1418. Powers and duties of Commission for Rehabilitation Services – Local education agencies.
§10-1419. Administration - Personnel - Retirement system.
§10-1420. Transfer of property, records, funds, etc.
§10-1421. Purchase of school busses.
§10-1423. Program for care and treatment of children - Federal matching funds.
§10-1424. Department as next friend of institutionalized persons - Procuring appoint of guardian.
§10-1425. Authorization to operate facilities.
§10-1430.3. Department - Powers and duties.
§10-1430.4. Group Homes for Persons with Developmental or Physical Disabilities Advisory Board.
§10-1430.6. Standing to bring action - Jurisdiction.
§10-1430.7. Group home as nuisance - Actions - Request for investigation - Complaint.
§10-1430.9. Penalties and liabilities for certain violations.
§10-1430.10a. Revocation or denial of or refusal to renew license – Notice – Protest - Emergency.
§10-1430.11. Standards for group homes.
§10-1430.12. Fire safety inspections - Reports.
§10-1430.13. Information subject to disclosure to public.
§10-1430.15. Nontransferability of license - Transfer of operation of group home.
§10-1430.17. Conditional license.
§10-1430.18. Documents to be made available to residents, employees and visitors.
§10-1430.19. Documents and records to be available for public inspection.
§10-1430.22. Resident's contract.
§10-1430.23. Protection of resident's funds.
§10-1430.24. Access to group homes.
§10-1430.25. Involuntary transfer or discharge of resident.
§10-1430.27. Inspection, investigation, survey or evaluation of group home.
§10-1430.32. Violations - Penalties.
§10-1430.33. Notice of voluntary closing - Alternative placement of residents.
§10-1430.34. Appointment of monitor or receiver.
§10-1430.35. Emergencies - Investigations - Hearing.
§10-1430.36. Appointment of receiver.
§10-1430.37. Expenses of receiver - Insufficient funds - Compensation of receiver.
§10-1430.38. Liability of receiver - Bond.
§10-1430.39. Conditional license for provider in receivership.
§10-1430.40. Termination of receivership.
§10-1430.41. Rights, obligations and liability during receivership.
§10-1501. Various references deemed to be references to District Court or judge thereof.
§10-1505a. Assistant juvenile officer in certain counties.
§10-1628. Missing child 16 and under - Investigation of disappearance.
§10-1631. Fingerprinting minors and identification card.
§10-1632. Intent of legislature.
§10-1633. School district fingerprinting programs.
§10-7007-1.8. Purposes - Report.
§10-7007-1.9. Task Force on Reactive Attachment Disorder in Children – Membership - Duties.
§10-7501-1.1. Short title - Composition of Code.
§10-7501-1.2. Purpose of Code.
§10-7502-1.4. Foreign adoptions.
§10-7503-1.1. Eligibility to adopt.
§10-7503-1.2. Written adoption full-disclosure statement - Signatures.
§10-7503-2.1. Who may consent.
§10-7503-2.2. When consent may be given.
§10-7503-2.3. Permanent relinquishments.
§10-7503-2.4. Contents of consent to adoption.
§10-7503-2.6. Extrajudicial consent.
§10-7503-2.7. Setting aside permanent relinquishment or consent to adoption.
§10-7503-3.1. Notice of plan for adoption.
§10-7503-3.2. Notice of filing of paternity action by putative father.
§10-7503-4.1. Temporary orders of custody.
§10-7504-1.1. Medical and social history report.
§10-7505-1.1. Confidential character of hearings and records – Release - Exceptions - Misdemeanor.
§10-7505-1.2. Appointment of attorney and guardian ad litem.
§10-7505-1.3. Court clerk or deputy may affix signature of judge to order and notice of hearing.
§10-7505-1.4. Priority on docket - Proceedings to be expedited.
§10-7505-1.5. Visitation agreements between child, adoptive parents and birth relative.
§10-7505-2.1. Preadoption termination of parental rights.
§10-7505-3.2. Costs, funds or monies expended by adoptive family – Disclosure statement.
§10-7505-3.3. Disclosure Statement of Adoption-related Costs and Expenditures.
§10-7505-4.1. Application - Notice - Hearing - Order - Appeal.
§10-7505-4.2. Exceptions to requirement of parental consent.
§10-7505-4.3. Inquiry to identify unknown or putative father.
§10-7505-5.2. Subsequent home study - Waiver.
§10-7505-5.3. Contents of home study.
§10-7505-5.4. Persons or agencies authorized to conduct home studies.
§10-7505-6.1. Interlocutory decree.
§10-7505-6.2. Filings required prior to final hearing.
§10-7505-6.4. Denial of petition for adoption.
§10-7505-6.5. Effect of final decree - Grandparental rights.
§10-7505-8.1. Adoption dissolution statistics to be published.
§10-7506-1.1. Paternity registry.
§10-7507-1.1. Adult adoptions.
§10-7508-1.1. Records retention.
§10-7508-1.2. Mutual Consent Voluntary Registry.
§10-7508-1.3. Confidential intermediary search program.
§10-7509-1.1. Conditions for discharges of infants from medical facilities.
§10-7509-1.2. Confidential index of birth and adoptive names.
§10-7509-1.3. Invalidation or revocation of final decree of adoption.
§10-7510-1.4. Eligibility for adoption assistance - Factors for determination.
§10-7510-1.6. Denial of assistance - Hearing.
§10-7510-2.2. Photograph and description of child to be provided to exchange.
§10-7510-2.4. Change in status of child listed by exchange.
§10-7510-2.5. Withdrawal of child from register.
§10-7510-3.2. Compact on Adoption and Medical Assistance.
§10-7510-3.3. Administration of compact - Rules and regulations.
§10-7603. Renumbered as § 2203 of Title 27A by Laws 2006, c. 226, § 6, emerg. eff. June 6, 2006.
§10-7700-103. Scope of act – Choice of law – Jurisdiction of district and administrative courts.
§10-7700-201. Establishment of parent-child relationship.
§10-7700-202. Equal rights of marital and nonmarital children.
§10-7700-203. Application of established parent-child relationship.
§10-7700-204. Presumption of paternity.
§10-7700-301. Voluntary acknowledgment of paternity.
§10-7700-302. Requirements of acknowledgment – Void and voidable acknowledgment.
§10-7700-303. Denial of paternity - Validity.
§10-7700-304. Execution of acknowledgment and denial – Effective date – Execution by minors.
§10-7700-305. Effect of acknowledgment or denial.
§10-7700-307. Rescission of acknowledgment or denial.
§10-7700-308. Proceeding to challenge acknowledgment – Commencement – Burden of proof.
§10-7700-309. Proceeding to challenge acknowledgment or denial – Procedure.
§10-7700-310. Ratification of unchallenged acknowledgment prohibited.
§10-7700-311. Full faith and credit.
§10-7700-313. Release of copies of acknowledgment or denial of paternity.
§10-7700-501. Scope of article.
§10-7700-502. Order for genetic testing – Order for in utero testing not allowed.
§10-7700-503. Requirements of testing – Objection to calculation - Retesting.
§10-7700-504. Report of testing – Chain of custody.
§10-7700-505. Identification of father - Rebuttal.
§10-7700-506. Payment of costs of testing.
§10-7700-507. Advance payment for additional testing.
§10-7700-509. Testing of deceased individual.
§10-7700-510. Testing of identical brother – Use of nongenetic evidence.
§10-7700-511. Release of genetic test report.
§10-7700-601. Proceeding authorized.
§10-7700-602. Standing to maintain proceeding.
§10-7700-603. Parties to proceeding.
§10-7700-604. Personal jurisdiction.
§10-7700-607. Two-year limitation in proceedings with presumed father - Exception.
§10-7700-608. Motion for genetic testing.
§10-7700-609. Limitation in proceeding with acknowledged or adjudicated father.
§10-7700-610. Joinder of proceedings.
§10-7700-611. Proceeding before birth of child.
§10-7700-612. Child as party to proceeding – Guardian ad litem.
§10-7700-621. Admissibility of genetic-testing results - Testimony of experts - Medical bills.
§10-7700-622. Enforcement of order for genetic testing - Default.
§10-7700-623. Admission of paternity.
§10-7700-624. Temporary order for support.
§10-7700-631. Rules for adjudication of paternity.
§10-7700-632. Jury prohibited.
§10-7700-633. Closure of proceeding – Inspection of records.
§10-7700-634. Order on default.
§10-7700-635. Dismissal for want of prosecution.
§10-7700-637. Binding effect of determination of parentage.
§10-7700-901. Uniformity of application and construction.