{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-7505-4.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-7505-4.1","heading":"Application - Notice - Hearing - Order - Appeal","body":"A. If a consent to adoption or permanent relinquishment for\n\nadoption has not been obtained from both parents of a minor who is\n\nthe subject of a petition for adoption, and the rights of the\n\nnonconsenting parent or parents have not previously been terminated,\n\nthe petitioner for adoption, a consenting parent, or a legal\n\nguardian or legal custodian of the minor to be adopted must file an\n\napplication to the court stating the reason that the consent or\n\nrelinquishment of the parent or parents is not necessary. In the\n\nalternative, if the nonconsenting parent is a putative father of a\n\nminor born out of wedlock, the petitioner for adoption, a consenting\n\nparent, or a legal guardian or legal custodian of the minor may file\n\nan application to terminate the parental rights of the putative\n\nfather. The grounds for terminating a putative father pursuant to\n\nthis section shall be identical to the grounds for permitting an\n\nadoption without the consent of a parent, pursuant to Section 7505-\n\n4.2 of this title.\n\nB. A hearing on an application for adoption without consent or\n\nan application to terminate parental rights cannot be combined with\n\nthe hearing on the application for a final decree of adoption. For\n\ngood cause shown, a hearing on the application for a final decree of\n\nadoption may be heard as early as the same day as a hearing on an\n\napplication to terminate parental rights, without prejudice to the\n\nrights of any parties to appeal from the order terminating parental\n\nrights.\n\nC. 1. Prior to the hearing on the application to permit the\n\nadoption of the minor without the consent or relinquishment of a\n\nparent, or the application to terminate the rights of a putative\n\nfather filed pursuant to this section, notice of the hearing on the\n\napplication and a copy of the application shall be served upon the\n\nparent or putative father who is the subject of the application in\n\nthe same manner as summons is served in civil cases, not less than\n\nfifteen (15) days prior to the hearing.\n\n2. The notice shall contain the name of the parent, putative\n\nfather, or if the father is unknown, the name of the child, date of\n\nbirth of the child, the date of the hearing, and the ground or\n\ngrounds for which application for adoption without consent or\n\nrelinquishment or termination of parental rights is sought. The\n\nnotice shall apprise the parent or putative father of the parent's\n\nlegal rights and shall include a clear statement that failure to\n\nappear at the hearing shall constitute a denial of interest in the\n\nchild, which denial may result, without further notice of this\n\nproceeding or any subsequent proceeding, in the granting of the\n\napplication for adoption without consent or permanent relinquishment\n\nor in the termination of the putative father's parental rights and\n\nin the child's adoption.\n\n3. If the identity or whereabouts of a parent or putative\n\nfather are unknown, the court must determine whether the parent or\n\nputative father 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 cannot be\n\nascertained, and this fact is attested to by affidavit of the\n\nconsenting parent, legal guardian or legal custodian of the minor,\n\nit shall order that notice be given by publication and, if the\n\nidentity is known, that a copy be mailed to the last-known address\n\nof the parent or putative father. The notice shall be published\n\nonce pursuant to the laws relating to the service of notice by\n\npublication in the county in which the petition to adopt is filed,\n\nand the hearing shall not be held for at least fifteen (15) days\n\nafter publication of the notice. When notice is given by\n\npublication, an order terminating parental rights shall not become\n\nfinal for a period of fifteen (15) days from the date of the order.\n\ne service of notice by\n\npublication in the county in which the petition to adopt is filed,\n\nand the hearing shall not be held for at least fifteen (15) days\n\nafter publication of the notice. When notice is given by\n\npublication, an order terminating parental rights shall not become\n\nfinal for a period of fifteen (15) days from the date of the order.\n\n4. A parent or putative father may waive such person's right to\n\nnotice pursuant to this section. The waiver, signed by the parent\n\nor putative father, shall include a statement affirming that the\n\nperson signing the waiver understands that the waiver shall\n\nconstitute grounds for ordering adoption without consent of the\n\nparent or for the termination of the parental rights of a putative\n\nfather pursuant to the provisions of this section and Section 7505-\n\n4.2 of this title. A putative father may waive his right to notice\n\nunder this section, by signing an extrajudicial consent pursuant to\n\nSection 7503-2.6 of this title, or by waiving notice on a form filed\n\nwith the Paternity Registry of the Department of Human Services, or\n\nby failing to register with the Paternity Registry of the Department\n\nof Human Services after receiving a Notice of Plan for Adoption\n\npursuant to Section 7503-3.1 of this title.\n\nD. When a parent or putative father 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's indigent defenders shall\n\nassume the duties of representation in such proceedings.\n\nE. At the hearing on an application to permit adoption without\n\nthe consent or relinquishment of a parent, the court may determine\n\nwhether the minor is eligible for adoption pursuant to Section 7505-\n\n4.2 of this title. At the hearing on an application to terminate\n\nthe parental rights of a putative father, the court may, if it is in\n\nthe best interests of the minor, determine that the consent of the\n\nputative father to the adoption of the minor is not required, and\n\nterminate any parental rights which the putative father may have, as\n\nprovided in Section 7505-4.2 of this title.\n\nF. The court shall terminate the parental rights of a putative\n\nfather if he fails to appear at the hearing on the application to\n\nterminate his parental rights or if he has waived notice pursuant to\n\nparagraph 4 of subsection C of this section.\n\nG. A proceeding pursuant to this section for determination of\n\nnecessity of parental consent or for termination of parental rights\n\nshall be heard by the court without a jury.\n\nH. 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 has established by clear and convincing\n\nevidence that such failure to appear was due to unavoidable\n\ncircumstances. Such application must be filed within ten (10) days\n\nof the date of the hearing at which the applicant failed to appear.\n\nNo order of the court shall be vacated, set aside or annulled upon\n\nthe application of any person who waived notice pursuant to\n\nparagraph 4 of subsection C of this section.\n\nI. 1. a. An appeal may be taken from any final order, judgment,\n\nor decree terminating parental rights rendered\n\npursuant to this section to the Supreme Court by any\n\nperson aggrieved thereby, in the manner provided for\n\nappeals from the court as provided in this subsection.\n\nb. An appeal from an order determining a child eligible\n\nfor adoption which does not terminate parental rights\n\nmay be taken in the same manner provided for appeals\n\nfrom the court as provided in this subsection. The\n\nfailure of a parent to appeal from an order declaring\n\na child eligible for adoption without consent of the\n\nparent which does not terminate parental rights shall\nn this subsection.\n\nb. An appeal from an order determining a child eligible\n\nfor adoption which does not terminate parental rights\n\nmay be taken in the same manner provided for appeals\n\nfrom the court as provided in this subsection. The\n\nfailure of a parent to appeal from an order declaring\n\na child eligible for adoption without consent of the\n\nparent which does not terminate parental rights shall\n\nnot preclude such parent from asserting error in the\n\norder after the final decree is rendered.\n\n2. In an appeal concerning the termination of parental rights\n\nfor purposes of adoption pursuant to this section or from an order\n\ndetermining a child eligible for adoption which does not terminate\n\nparental rights pursuant to this section, the appellant's\n\ndesignation of record shall be filed in the trial court within ten\n\n(10) days after the date of the judgment or order. Appellee's\n\ncounter designation of record shall be filed in the trial court ten\n\n(10) days after appellant's designation of record is filed in the\n\ntrial court.\n\n3. All appeals of cases concerning the termination of parental\n\nrights for purposes of adoption or an order determining a child\n\neligible for adoption which does not terminate parental rights\n\npursuant to this section shall be initiated by filing a petition in\n\nerror in the Supreme Court within thirty (30) days of the filing of\n\nthe order, judgment, or decree appealed from. The record on appeal\n\nshall be completed within thirty (30) days from the filing of the\n\npetition in error. Any response to the petition in error shall be\n\nfiled within twenty (20) days from the filing of the petition in\n\nerror.\n\n4. The briefing schedule is established as follows:\n\na. appellant's brief in chief shall be filed twenty (20)\n\ndays after the trial court clerk notifies all parties\n\nthat the record is complete and such notice has been\n\nfiled in the office of the Clerk of the Supreme Court,\n\nb. appellant's answer brief shall be filed fifteen (15)\n\ndays after the appellant's brief in chief is filed,\n\nand\n\nc. appellant's reply brief may be filed within ten (10)\n\ndays after the appellee's answer brief is filed.\n\nJ. Any appeal when docketed should have priority over all cases\n\npending on said docket. Adjudication of appeals and any other\n\nproceedings concerning the termination of parental rights or the\n\ndetermination that a child is eligible for adoption without consent\n\nwhich does not terminate parental rights pursuant to this section\n\nshall be expedited by the Supreme Court.\n\nK. 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\nL. 1. The termination of parental rights terminates the\n\nparent-child relationship, including the parent's right to the\n\ncustody of the child and the parent's right to visit the child, the\n\nparent's right to control the child's training and education, the\n\nnecessity for the parent to consent to the adoption of the child,\n\nthe parent's right to the earnings of the child, and the parent's\n\nright to inherit from or through the child. Provided, that this\n\nsubsection shall not in any way affect the right of the child to\n\ninherit from the parent.\n\n2. Termination of parental rights pursuant to this section\n\nshall not terminate the duty of either parent to support the minor\n\nchild of such parent. The duty of the parent to support the minor\n\nchild shall not be terminated until such time as a final decree of\n\nadoption has been entered.\n\n3. A determination that the consent to adoption is not required\n\nfrom the parent of a minor shall not, by itself, act to relieve such\n\nparent of the obligation to provide for the support of the minor as\n\notherwise required by law. The duty of the parent to support the\nof the parent to support the minor\n\nchild shall not be terminated until such time as a final decree of\n\nadoption has been entered.\n\n3. A determination that the consent to adoption is not required\n\nfrom the parent of a minor shall not, by itself, act to relieve such\n\nparent of the obligation to provide for the support of the minor as\n\notherwise required by law. The duty of the 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":"363ddae3e32a1c6d320e37b5d4193cd5e2bf07a4bfe6aa1ad3819d86d092f2b6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-7505-3.3","next":"us-ok/okla.-stat.-tit.-10-10-7505-4.2"},"notice":"GroundRules: Original legal text. Not legal advice."}