{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-7505-4.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-7505-4.2","heading":"Exceptions to requirement of parental consent","body":"A. Consent to adoption is not required from a putative father\n\nof a minor who, at the hearing provided for in Section 7505-2.1 or\n\n7505-4.1 of this title, fails to prove he is the father of the\n\nchild.\n\nB. Consent to adoption is not required from a parent who, for a\n\nperiod of twelve (12) consecutive months out of the last fourteen\n\n(14) months immediately preceding the filing of a petition for\n\nadoption of a child or a petition to terminate parental rights\n\npursuant to Section 7505-2.1 of this title, has willfully failed,\n\nrefused, or neglected to contribute to the support of such minor:\n\n1. In substantial compliance with an order entered by a court\n\nof competent jurisdiction adjudicating the duty, amount, and manner\n\nof support; or\n\n2. According to such parent's financial ability to contribute\n\nto such minor's support if no provision for support is provided in\n\nan order. For the purposes of this section, support for the minor\n\nshall benefit the minor by providing a necessity. Payments that\n\nshall not be considered support shall include, but are not limited\n\nto:\n\na. genetic and drug testing,\n\nb. supervised visitation,\n\nc. counseling for any person other than the minor,\n\nd. court fees and costs,\n\ne. restitution payments, and\n\nf. transportation costs for any person other than the\n\nminor, unless such transportation expenses are\n\nspecifically ordered in lieu of support in a court\n\norder.\n\nThe incarceration of a parent in and of itself shall not prevent\n\nthe adoption of a minor without consent.\n\nC. Consent to adoption is not required from a father or\n\nputative father of a minor born out of wedlock if:\n\n1. The minor is placed for adoption within ninety (90) days of\n\nbirth, and the father or putative father fails to show he has\n\nexercised parental rights or duties towards the minor, including,\n\nbut not limited to, failure to contribute to the support of the\n\nmother of the child to the extent of his financial ability during\n\nher term of pregnancy; or\n\n2. The minor is placed for adoption within fourteen (14) months\n\nof birth, and the father or putative father fails to show that he\n\nhas exercised parental rights or duties towards the minor,\n\nincluding, but not limited to, failure to contribute to the support\n\nof the minor to the extent of his financial ability, which may\n\ninclude consideration of his failure to contribute to the support of\n\nthe mother of the child to the extent of his financial ability\n\nduring her term of pregnancy. Failure to contribute to the support\n\nof the mother during her term of pregnancy shall not in and of\n\nitself be grounds for finding the minor eligible for adoption\n\nwithout such father's consent.\n\nThe incarceration of a parent in and of itself shall not prevent\n\nthe adoption of a minor without consent.\n\nD. In any case where a father or putative father of a minor\n\nborn out of wedlock claims that, prior to the receipt of notice of\n\nthe hearing provided for in Sections 7505-2.1 and 7505-4.1 of this\n\ntitle, he had been specifically denied knowledge of the minor or\n\ndenied the opportunity to exercise parental rights and duties toward\n\nthe minor, such father or putative father must prove to the\n\nsatisfaction of the court that he made sufficient attempts to\n\ndiscover if he had fathered a minor or made sufficient attempts to\n\nexercise parental rights and duties toward the minor prior to the\n\nreceipt of notice.\n\nE. Consent to adoption is not required from a parent or\n\nputative father who waives in writing his right to notice of the\n\nhearing provided for in Section 7505-2.1 or 7505-4.1 of this title.\n\nF. Consent to adoption is not required from a parent or\n\nputative father who fails to appear at the hearing provided for in\n\nSection 7505-2.1 or 7505-4.1 of this title if all notice\n\nrequirements contained in or pursuant to such sections have been\n\nmet.\n\nG. Consent to adoption is not required from a parent who is\n7505-2.1 or 7505-4.1 of this title.\n\nF. Consent to adoption is not required from a parent or\n\nputative father who fails to appear at the hearing provided for in\n\nSection 7505-2.1 or 7505-4.1 of this title if all notice\n\nrequirements contained in or pursuant to such sections have been\n\nmet.\n\nG. Consent to adoption is not required from a parent who is\n\nentitled to custody of a minor and has abandoned the minor.\n\nH. 1. Consent to adoption is not required from a parent who\n\nfails to establish and/or maintain a substantial and positive\n\nrelationship with a minor for a period of twelve (12) consecutive\n\nmonths out of the last fourteen (14) months immediately preceding\n\nthe filing of a petition for adoption of the child.\n\n2. In any case where a parent of a minor claims that prior to\n\nthe receipt of notice of the hearing provided for in Sections 7505-\n\n2.1 and 7505-4.1 of this title, such parent had been denied the\n\nopportunity to establish and/or maintain a substantial and positive\n\nrelationship with the minor by the custodian of the minor, such\n\nparent shall prove to the satisfaction of the court that he or she\n\nhas taken sufficient legal action to establish and/or maintain a\n\nsubstantial and positive relationship with the minor prior to the\n\nreceipt of such notice.\n\n3. For purposes of this subsection, “fails to establish and/or\n\nmaintain a substantial and positive relationship\" means the parent:\n\na. has not maintained frequent and regular contact with\n\nthe minor through frequent and regular visitation or\n\nfrequent and regular communication to or with the\n\nminor, or\n\nb. has not exercised parental rights and\n\nresponsibilities.\n\nI. Consent to adoption is not required from a parent who has\n\nbeen convicted in a criminal action pursuant to the provisions of\n\nSections 7102 and 7115 of this title and Sections 1021.3, 1111 and\n\n1123 of Title 21 of the Oklahoma Statutes or who has either:\n\n1. Physically or sexually abused the minor or a sibling of such\n\nminor or failed to protect the minor or a sibling of such minor from\n\nphysical or sexual abuse that is heinous or shocking to the court or\n\nthat the minor or sibling of such minor has suffered severe harm or\n\ninjury as a result of such physical or sexual abuse; or\n\n2. Physically or sexually abused the minor or a sibling of such\n\nminor or failed to protect the minor or a sibling of such minor from\n\nphysical or sexual abuse subsequent to a previous finding that such\n\nparent has physically or sexually abused the minor or a sibling of\n\nsuch minor or failed to protect the minor or a sibling of such minor\n\nfrom physical or sexual abuse.\n\nJ. Consent to adoption is not required from a parent who has\n\nbeen convicted in a criminal action of having caused the death of a\n\nsibling of the minor as a result of the physical or sexual abuse or\n\nchronic neglect of such sibling.\n\nK. Consent to adoption is not required from a parent if the\n\nparent has been sentenced to a period of incarceration of not less\n\nthan ten (10) years and the continuation of parental rights would\n\nresult in harm to the minor based on consideration of the following\n\nfactors, among others: the duration of incarceration and its\n\ndetrimental effect on the parent/child relationship; any previous\n\nincarcerations; any history of criminal behavior, including crimes\n\nagainst children; the age of the minor; the evidence of abuse or\n\nneglect of the minor or siblings of the minor by the parent; and the\n\ncurrent relationship between the parent and the minor and the manner\n\nin which the parent has exercised parental rights and duties in the\n\npast.\n\nL. Consent to adoption is not required from:\n\n1. A parent who has a mental illness or mental deficiency, as\n\ndefined by paragraphs f and g of Article II of Section 6-201 of\n\nTitle 43A of the Oklahoma Statutes, which renders the parent\n\nincapable of adequately and appropriately exercising parental\nthe minor and the manner\n\nin which the parent has exercised parental rights and duties in the\n\npast.\n\nL. Consent to adoption is not required from:\n\n1. A parent who has a mental illness or mental deficiency, as\n\ndefined by paragraphs f and g of Article II of Section 6-201 of\n\nTitle 43A of the Oklahoma Statutes, which renders the parent\n\nincapable of adequately and appropriately exercising parental\n\nrights, duties and responsibilities;\n\n2. The continuation of parental rights would result in harm or\n\nthreatened harm to the minor; and\n\n3. The mental illness or mental deficiency of the parent is\n\nsuch that it will not respond to treatment, therapy or medication\n\nand, based upon competent medical opinion, the condition will not\n\nsubstantially improve.\n\nM. Consent to adoption is not required from a putative father\n\nwho has been served with a Notice of Plan for Adoption pursuant to\n\nSection 7503-3.1 of this title and who returns the form to the\n\nPaternity Registry of the Department of Human Services or agency or\n\nattorney who served him explicitly waiving a right to notice and\n\nlegal rights to the minor or who fails to return the form pursuant\n\nto Section 7503-3.1 of this title in time for the form to be\n\nreceived by the Paternity Registry of the Department of Human\n\nServices or the agency or attorney who served him within thirty (30)\n\ndays from the date the Notice of Plan for Adoption was served upon\n\nthe putative father.\n\nN. Consent to adoption is not required from:\n\n1. An individual who has permanently relinquished parental\n\nrights and responsibilities to the minor pursuant to the Oklahoma\n\nAdoption Code;\n\n2. An individual whose parental relationship to a minor has\n\nbeen legally terminated or legally determined not to exist; or\n\n3. The personal representative of a deceased parent's estate.\n\nO. Consent to adoption is not required from a parent who has\n\nvoluntarily placed a minor child in the care of a licensed child\n\ncare institution or child-placing agency, if the minor has remained\n\nin out-of-home care for eighteen (18) months or more, and the parent\n\nhas willfully failed to substantially comply for twelve (12)\n\nconsecutive months out of the fourteen-month period immediately\n\npreceding the filing of the petition for adoption with a reasonable\n\nwritten plan of care. Provided, the willful failure to comply with\n\nthe written plan of care may not be a ground for adoption without\n\nconsent unless the plan of care, at the time it was initially\n\nexecuted by the parent, contained notice that failure to\n\nsubstantially comply constitutes grounds for adoption without\n\nconsent. The reasonableness of the plan shall be a question of fact\n\nto be determined by the court.","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":"eda06f9685425e55ea7d7d20fd7240a0805078841ae22d5390f650ced278d265","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-7505-4.1","next":"us-ok/okla.-stat.-tit.-10-10-7505-4.3"},"notice":"GroundRules: Original legal text. Not legal advice."}