Okla. Stat. tit. 10, § 10-7503-2.1

A. A minor may be adopted when there has been filed written

consent to adoption or a permanent relinquishment for adoption

executed by:

1. Both parents of the minor;

2. One parent of the minor, alone, if:

a. the other parent is dead,

b. the parental rights of the other parent have been

terminated, or

c. the consent of the other parent is otherwise not

required pursuant to Section 7505-4.2 of this title;

3. The legal guardian of the person of the minor or the

guardian ad litem of the minor if both parents are dead or if the

rights of the parents have been terminated by judicial proceedings,

or the consent of both parents is otherwise not required pursuant to

Section 7505-4.2 of this title, and such guardian or guardian ad

litem has authority by order of the court appointing the guardian to

consent to the adoption;

4. The executive head of a licensed child-placing agency if:

a. the minor has been permanently relinquished to such

agency by:

(1) both parents, or

(2) one parent alone if the other parent is dead, the

parental rights of the other parent have been

terminated, or the consent of the other parent is

otherwise not required pursuant to Section 7505-

4.2 of this title, or

b. the rights of both parents have been judicially

terminated and custody of the minor has been legally

vested in such agency with authority to consent to

adoption of the minor; or

5. Any person having legal custody of a minor by court order

if:

a. the parental rights of both parents have been

judicially terminated, and

b. the court that issued the custody order for the minor

has consented to adoption and a certified copy of its

Oklahoma Statutes - Title 10. Children Page 306

order containing its consent is filed before the final

decree.

B. 1. A parent of a minor born in wedlock or a parent who is

sixteen (16) years of age or older shall be deemed capable of giving

consent to the adoption of a minor.

2. If the parent of a minor born out of wedlock is under

sixteen (16) years of age, that parent's consent to the adoption

shall be deemed sufficient when:

a. given by such minor parent before a judge of the

district court, and

b. accompanied by the written consent of:

(1) the legal guardian of the minor parent,

(2) the parents of the minor parent,

(3) the parent having custody of the minor parent, if

the other parent of the minor parent is deceased

or the parents of the minor parent are divorced,

or

(4) the person having physical custody of the minor

parent, if both parents of the minor parent are

deceased, or

c. accompanied by a finding of the court issuing the

decree of adoption, if consent cannot be secured from

any individual whose consent is required by

subparagraph b of this paragraph, that:

(1) either notice was given by mail by the court to

such person directing the person to show cause at

a time appointed by the court, which shall be not

less than ten (10) days from the date of mailing,

why the adoption should not be granted without

the individual's consent, or that notice was

waived by the personal appearance of the

individual, and
subparagraph b of this paragraph, that:

(1) either notice was given by mail by the court to

such person directing the person to show cause at

a time appointed by the court, which shall be not

less than ten (10) days from the date of mailing,

why the adoption should not be granted without

the individual's consent, or that notice was

waived by the personal appearance of the

individual, and

(2) the individual did not appear to contest the

adoption, or the consent of the individual is

unreasonably withheld.

C. If a minor to be adopted is twelve (12) years of age or

older, the consent of the minor to the adoption is required in

addition to the consents required by subsections A and B of this

section before a decree of adoption may be granted, unless the court

makes a finding that it is not in the best interest of the minor to

require the minor's consent. The consent of the minor must be given

before the court in such form as the court shall direct.

D. 1. When consent for adoption is necessary for minors in the

custody of the Department of Human Services, the Director of the

Department of Human Services or the designee of the Director may

designate, authorize, and direct in writing an employee of the

Department to appear in the court of the county in which said

Oklahoma Statutes - Title 10. Children Page 307

adoption proceedings are to be completed and to give written consent

for the adoption of such minor by the family whose application for

adoption has been approved by the Department of Human Services; or

2. The executive head of a licensed child-placing agency whose

consent is required for the adoption of a minor who is in the

custody of the licensed child-placing agency may designate,

authorize and direct in writing an employee of the agency to appear

in the district court of the county in which the adoption

proceedings are to be completed or before anyone authorized by law

to take acknowledgements and to give written consent for the

adoption of the minor.