{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-7505-2.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-7505-2.1","heading":"Preadoption termination of parental rights","body":"A. 1. Prior to the filing of a petition for adoption, a child-\n\nplacing agency, attorney, or prospective adoptive parent to whom a\n\nparent having legal custody has executed a consent to adoption or\n\nhas permanently relinquished a minor born out of wedlock may file a\n\npetition for the termination of the parental rights of a putative\n\nfather or a parent of the child. The petition shall be filed with\n\nthe district court of the county in which the relinquishment was\n\nexecuted or in the county in which the putative father, a parent,\n\nthe petitioner, or the minor resides at the time of the filing of\n\nthe petition.\n\n2. The affidavit of expenses required by subsection A of\n\nSection 7505-3.2 of this title is not required to be attached to a\n\npetition filed pursuant to this section, nor must it be filed prior\n\nto issuance of an order terminating parental rights entered in a\n\nproceeding brought under this section.\n\nB. 1. Notice of the hearing on the petition to terminate\n\nparental rights and a copy of the petition shall be served upon such\n\nputative father or a parent in the same manner as summons is served\n\nin civil cases, not less than fifteen (15) days prior to the\n\nhearing.\n\n2. The notice shall contain the name of the putative father or\n\nparent, or if unknown, the name of the minor, the date of birth of\n\nthe minor, the date of the hearing, and the ground or grounds for\n\nwhich termination of parental rights is sought. The notice shall\n\napprise the putative father or parent of his or her legal rights and\n\nshall include a clear statement that failure to appear at the\n\nhearing shall constitute a denial of interest in the minor which\n\ndenial may result, without further notice of this proceeding or any\n\nsubsequent proceeding, in the termination of his or her parental\n\nrights and the transfer of the care, custody or guardianship of the\n\nminor or in the adoption of the minor.\n\n3. If the identity or whereabouts of a putative father or\n\nparent is unknown, the court must determine whether the putative\n\nfather or parent can be identified or located. Following an inquiry\n\npursuant to Section 7505-4.3 of this title, if the court finds that\n\nthe identity or whereabouts of the putative father or parent cannot\n\nbe ascertained, and this fact is attested to by affidavit of the\n\nconsenting or permanently relinquishing person or the legal\n\ncustodian or guardian of the child, it shall order that notice be\n\ngiven by publication and, if the identity is known, that a copy be\n\nmailed to the last-known address of the putative father or parent.\n\nThe notice shall be published once pursuant to the laws relating to\n\nservice of notice by publication, in the county in which the action\n\nto terminate parental rights is brought, and the hearing shall not\n\nbe held for at least fifteen (15) days after publication of the\n\nnotice. When notice is given by publication, the order terminating\n\nparental rights shall not become final for a period of fifteen (15)\n\ndays from the date of the order.\n\n4. A putative father or parent may waive the right to notice\n\npursuant to this section. The waiver shall be in writing and shall\n\ninclude a statement affirming that the person signing the waiver\n\nunderstands that the waiver shall constitute grounds for the\n\ntermination of the parental rights of such person pursuant to the\n\nprovisions of this section and Section 7505-4.2 of this title. A\n\nputative father or legal or biological father may also waive his\n\nright to notice pursuant to this section, by signing an\n\nextrajudicial consent pursuant to Section 7503-2.6 of this title, or\n\nby waiving notice on a form filed with the Paternity Registry of the\n\nDepartment of Human Services, or by failing to register with the\n\nPaternity Registry of the Department of Human Services after\n\nreceiving a Notice of Plan for Adoption pursuant to Section 7503-3.1\n\nof this title.\nnotice pursuant to this section, by signing an\n\nextrajudicial consent pursuant to Section 7503-2.6 of this title, or\n\nby waiving notice on a form filed with the Paternity Registry of the\n\nDepartment of Human Services, or by failing to register with the\n\nPaternity Registry of the Department of Human Services after\n\nreceiving a Notice of Plan for Adoption pursuant to Section 7503-3.1\n\nof this title.\n\nC. When a putative father or parent appears at the hearing and\n\ndesires counsel but is indigent and cannot for that reason employ\n\ncounsel, the court shall appoint counsel. In all counties having\n\ncounty indigent defenders, the county indigent defenders shall\n\nassume the duties of the representation in such proceedings.\n\nD. At the hearing on the petition to terminate parental rights\n\nbrought pursuant to this section, the court may, if it is in the\n\nbest interest of the minor:\n\n1. Accept a permanent relinquishment or consent to adoption\n\nexecuted by the putative father or parent of the minor pursuant to\n\nSections 7503-2.1, 7503-2.3 and 7503-2.4 of this title; or\n\n2. Terminate any parental rights which the putative father or\n\nparent may have upon any of the grounds provided in Section 7505-4.2\n\nof this title for declaring a consent unnecessary.\n\nE. 1. If the court at the hearing determines that the putative\n\nfather is the biological father of the minor, that the adoption\n\nrequires the consent of the putative father, that the putative\n\nfather will not consent, and the court does not terminate the\n\nparental rights of the putative father or does not terminate the\n\nrights of the other parents, then the court shall schedule a\n\nseparate hearing to issue an appropriate order for the legal and\n\nphysical custody of the minor according to the best interests of the\n\nminor, if the court has jurisdiction to issue a custody order.\n\nProvided, no such hearing shall be scheduled if a preexisting\n\ncustody order remains in effect.\n\n2. The court shall certify that the child-placing agency or the\n\nattorney who filed the petition to terminate parental rights, the\n\nputative father, the parent, and any prospective adoptive parents\n\nhave received notice of the date of the custody hearing at least\n\nfifteen (15) days prior to the date of the hearing. A parent having\n\nlegal custody who has signed a consent or permanent relinquishment\n\nmust be served with notice of the date of the custody hearing, by\n\nthe party who filed the petition for termination, in the same manner\n\nas summons is served in civil cases at least fifteen (15) days prior\n\nto the date of the hearing.\n\n3. Upon motion to intervene, the court shall join any person or\n\nentity entitled to notice under paragraph 2 of this subsection who\n\nis not already a party to the proceeding.\n\n4. At the hearing, the court may award custody to the\n\nbiological mother, the biological father, the biological parents, if\n\nthey are married, a parent, the prospective adoptive parent, or the\n\nDepartment of Human Services or other licensed child-placing agency,\n\nif the Department or agency had legal custody when the petition was\n\nfiled, according to Section 21.1 of this title, in the best\n\ninterests of the child.\n\n5. The child shall be represented at this hearing by an\n\nattorney pursuant to Section 7505-1.2 of this title.\n\nF. The court shall terminate the rights of a putative father or\n\nparent if the person fails to appear at the hearing on the petition\n\nto terminate parental rights or if a waiver of notice pursuant to\n\nparagraph 4 of subsection B of this section has been filed with the\n\ncourt.\n\nG. No order of the court shall be vacated, set aside, or\n\nannulled upon the application of any person who was properly served\n\nwith notice in accordance with this section but failed to appear\n\nunless the applicant can establish by clear and convincing evidence\n\nthat such failure to appear was due to unavoidable circumstances.\ngraph 4 of subsection B of this section has been filed with the\n\ncourt.\n\nG. No order of the court shall be vacated, set aside, or\n\nannulled upon the application of any person who was properly served\n\nwith notice in accordance with this section but failed to appear\n\nunless the applicant can establish by clear and convincing evidence\n\nthat such failure to appear was due to unavoidable circumstances.\n\nSuch application must be filed within ten (10) days of the date of\n\nthe hearing at which the applicant failed to appear. No order of\n\nthe court shall be vacated, set aside, or annulled upon the\n\napplication of any person who waived notice pursuant to paragraph 4\n\nof subsection B of this section.\n\nH. A proceeding pursuant to this section for termination of\n\nparental rights shall be heard by the court without a jury.\n\nI. An appeal may be taken from any final order, judgment, or\n\ndecree rendered pursuant to this section to the Supreme Court by any\n\nperson aggrieved thereby, in the manner provided for appeals from\n\nthe court as provided in this subsection.\n\n1. In an appeal concerning the termination of parental rights\n\npursuant to this section, the designation of record by the appellant\n\nshall be filed in the trial court within ten (10) days after the\n\ndate of the judgment. The counter designation of record by the\n\nappellee shall be filed in the trial court ten (10) days after\n\ndesignation of record by the appellant is filed in the trial court.\n\n2. All appeals of cases concerning the termination of parental\n\nrights pursuant to this section shall be initiated by filing a\n\npetition in error in the Supreme Court within thirty (30) days of\n\nthe filing of the order, judgment, or decree appealed from. The\n\nrecord on appeal shall be completed within thirty (30) days from the\n\nfiling of the petition in error. Any response to the petition in\n\nerror shall be filed within twenty (20) days from the filing of the\n\npetition in error.\n\n3. The briefing schedule is established as follows:\n\na. the brief in chief of the appellant shall be filed\n\ntwenty (20) days after the trial court clerk notifies\n\nall parties that the record is complete and such\n\nnotice has been filed in the office of the Clerk of\n\nthe Supreme Court,\n\nb. an answer brief of the appellee shall be filed fifteen\n\n(15) days after the brief in chief of the appellant is\n\nfiled, and\n\nc. a reply brief of the appellant may be filed within ten\n\n(10) days after the answer brief of the appellee is\n\nfiled.\n\nJ. The pendency of an appeal shall not suspend the order of the\n\ndistrict court regarding a minor, nor shall it remove the minor from\n\nthe custody of that court or of the person, institution, or agency\n\nto whose care such minor has been committed, unless the Supreme\n\nCourt shall so order.\n\nK. Any appeal when docketed should have priority over all cases\n\npending on said docket. Adjudication of the appeals and in any\n\nother proceedings concerning the relinquishment of the child or the\n\ntermination of parental rights pursuant to this section shall be\n\nexpedited by the Supreme Court.\n\nL. 1. The preadoption termination of parental rights pursuant\n\nto this section terminates the parent-child relationship, including\n\nthe right of the parent to the custody of the child and the right of\n\nthe parent to visit the child, the right of the parent to control\n\nthe training and education of the child, the necessity for the\n\nparent to consent to the adoption of the child, the right of the\n\nparent to the earnings of the child, and the right of the parent to\n\ninherit from or through the child. Provided, that this subsection\n\nshall not in any way affect the right of the child to inherit from\n\nthe parent.\n\n2. Termination of parental rights shall not terminate the duty\n\nof the putative father or parent whose rights have been terminated\n\nto support the child unless the court determines the person is not\n\nthe parent. The duty of a putative father or parent to support the\nr through the child. Provided, that this subsection\n\nshall not in any way affect the right of the child to inherit from\n\nthe parent.\n\n2. Termination of parental rights shall not terminate the duty\n\nof the putative father or parent whose rights have been terminated\n\nto support the child unless the court determines the person is not\n\nthe parent. The duty of a putative father or parent to support the\n\nminor child shall not be terminated until such time as a final\n\ndecree of adoption has been entered.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"0ea889738735bac885ca27c81167537d7a73d7f0fe52e148ae5bd87ebbcb8a64","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-7505-1.5","next":"us-ok/okla.-stat.-tit.-10-10-7505-3.1"},"notice":"GroundRules: Original legal text. Not legal advice."}