Okla. Stat. tit. 10, § 10-7503-2.3

Oklahoma Statutes - Title 10. Children Page 308

A. A permanent relinquishment may be executed by a person whose

consent to the adoption of a minor is required by Section 7503-2.1

of this title. The permanent relinquishment shall be in writing and

shall relinquish all of that individual's rights with respect to the

minor, including legal and physical custody and the right to consent

to the minor's adoption.

B. Permanent relinquishments may be made only to:

1. The Department of Human Services;

2. A child-placing agency; or

3. Any other person, with the written consent of the Department

or court.

C. A permanent relinquishment shall be in writing, executed

before a judge of the district court in this state, recorded by a

court reporter and contain:

1. The date, place, and time of the execution of the permanent

relinquishment;

2. The name and date of birth of the person executing the

permanent relinquishment;

3. The current mailing address, telephone number and social

security number of the person executing the permanent

relinquishment;

4. Instructions that the permanent relinquishment is

irrevocable, except upon the specific grounds specified in Section

7503-2.7 of this title, upon which the permanent relinquishment can

be revoked and the manner in which a motion to set aside the

permanent relinquishment must be filed; and

5. The name of the person or agency as described in subsection

B of this section to whom the permanent relinquishment is being

given and who shall have the right to give consent to the minor’s

adoption.

D. A permanent relinquishment must state:

1. That the person executing the document is voluntarily and

unequivocally consenting to the adoption of the minor;

2. An understanding that after the permanent relinquishment is

executed, it is final and, except for fraud or duress, may not be

revoked or set aside for any reason except as otherwise authorized

by the Oklahoma Adoption Code;

3. That the person executing the permanent relinquishment is

represented by counsel or has waived any right to counsel;

4. That the execution of the permanent relinquishment does not

terminate any duty of the person executing the permanent

relinquishment to support the mother or the minor until the adoption

is completed;

5. That the person executing the permanent relinquishment has

not received or been promised any money or anything of value for the

permanent relinquishment, except for payments authorized by law;

Oklahoma Statutes - Title 10. Children Page 309

6. Whether the individual executing the permanent

relinquishment is a member of an Indian tribe and whether the minor

is eligible for membership or the minor is a member of an Indian

tribe;

7. That the person believes the adoption of the minor is in the

minor's best interest; and

8. That the person executing the permanent relinquishment has

been advised that an adult adopted person born in Oklahoma, whose

decree of adoption is finalized after November 1, 1997, may obtain a

copy of such person's original certificate of birth unless

affidavits of nondisclosure have been filed pursuant to Section

7503-2.5 of this title and that the relinquishing parent may sign an

affidavit of nondisclosure.

E. When it appears to the court that the parent or guardian

executing a permanent relinquishment 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 indigent defenders shall assume the duties of representation

in such proceedings.

F. The transcript of the court proceedings pursuant to this

section shall be placed in the court record.

G. The verification of the court shall be in substantially the

following form:

I, _______________, Judge of the District Court in and for

__________ County, State of Oklahoma, a Court having original

adoption jurisdiction, do hereby certify, that upon this day,
tion

in such proceedings.

F. The transcript of the court proceedings pursuant to this

section shall be placed in the court record.

G. The verification of the court shall be in substantially the

following form:

I, _______________, Judge of the District Court in and for

__________ County, State of Oklahoma, a Court having original

adoption jurisdiction, do hereby certify, that upon this day,

__________ personally appeared in open Court, before me, and orally

and in writing executed the above and foregoing permanent

relinquishment for adoption.

In executing this acknowledgement, I further certify that the

said ___________ acknowledged that the person executed said

relinquishment to adoption freely and voluntarily, and that it was

explained to such person by or before me, the undersigned Judge of

the District Court, that in executing the relinquishment, the person

was surrendering all parental authority whatsoever over the minor;

and that with such explanation made to the person relinquishing the

minor by or before me, the undersigned Judge of the District Court,

the person executed the relinquishment, freely, voluntarily and

intelligently for all uses and purposes therein set forth.

I further certify that it was explained to the relinquishing

person that this relinquishment is irrevocable and final except for

fraud or duress and may not be revoked or set aside except and

unless no Petition to Adopt is filed within nine (9) months after

placement of the minor or if this or some other court decides not to

terminate the rights of the other parent of the minor. I further

certify that I am satisfied that the relinquishing person

understands the consequences of an adoption; the relinquishing

Oklahoma Statutes - Title 10. Children Page 310

person has represented that such person has not received or been

promised any money or anything of value for the giving of the

permanent relinquishment except for those payments authorized by

law; the relinquishing person has represented that such person is

not under the influence of alcohol or medication or any other

substance that affects the person's competence; the person fully

understood the English language and communicated in the English

language at all times during said hearing, or all information was

translated into the relinquishing person's language, and was fully

understood by the person; and if the relinquishing person was the

biological parent, such parent was advised regarding the affidavit

of nondisclosure.

H. A permanent relinquishment shall be signed before any judge

of a court having probate or adoption jurisdiction in this state or

in the state of residence of the person executing the permanent

relinquishment.

I. 1. a. If an individual permanently relinquishing the child

resides in a country or place other than the United

States of America, other than a member of the United

States Armed Services stationed abroad, the permanent

relinquishment of the individual may be obtained by a

written instrument signed by such person and

acknowledged before an officer of the legal

subdivision of the government of the place of such

person's residence who is authorized to administer

oaths under the laws of such country or place.

b. If the foreign country's government does not involve

itself in adoption matters, the permanent

relinquishment may be executed before an officer of

the Judge Advocate General's Office of the United

States Armed Services or before an officer of the

United States Embassy located in that country,

provided the execution of a permanent relinquishment

is not a violation of the laws of the foreign country,

or a violation of international law or treaty between

the foreign country's government and the United

States. The permanent relinquishment shall reflect

that the permanent relinquishment is not given or

accepted in violation of the laws of the foreign

country or in violation of international law or treaty
n of a permanent relinquishment

is not a violation of the laws of the foreign country,

or a violation of international law or treaty between

the foreign country's government and the United

States. The permanent relinquishment shall reflect

that the permanent relinquishment is not given or

accepted in violation of the laws of the foreign

country or in violation of international law or treaty

between such foreign country's government and the

United States.

2. If an individual permanently relinquishing the child is a

member of the United States Armed Services stationed in a country or

place other than the United States, the individual's permanent

relinquishment may be acknowledged before an officer of the Judge

Oklahoma Statutes - Title 10. Children Page 311

Advocate General's Office or other legal officer possessing the

authority to administer oaths.

J. If the written instrument containing a permanent

relinquishment is written in a language other than the English

language, the petitioner must have it translated into the English

language by a person qualified to do so, and must file the original

instrument together with the translation with the court. The

translation must be sworn to as being a true and correct translation

by the person translating the document.

K. Except as otherwise required by subsection I of this

section, when the person permanently relinquishing the child for the

purposes of adoption resides outside of Oklahoma, the permanent

relinquishment by such person may be executed in that state or

country in the manner set forth in the Oklahoma Adoption Code or in

the manner prescribed by the laws of the state or country of such

person's residence.

L. 1. A court before which a permanent relinquishment has been

executed may enter an order terminating parental rights of the

parent of a child if such parent has executed a permanent

relinquishment for adoption pursuant to the Oklahoma Adoption Code.

2. Any order terminating parental rights of a parent pursuant

to this subsection shall state that the termination of parental

rights shall not terminate the duty of the parent to support the

child of such parent. The duty of the parent to support the child

shall not be terminated until such time as a final decree of

adoption has been entered.

3. Any proceedings held pursuant to this subsection shall not

require the state as a necessary party.