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.
B. 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.
C. 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 title.
D. 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.
G. 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.
2. In an appeal concerning the termination of parental rights for purposes of adoption pursuant to this section or from 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:
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.
K. 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.
L. 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 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 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.
Added by Laws 1997, c. 366, § 26, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 20, emerg. eff. June 11, 1998.
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.