Okla. Stat. tit. 10, § 10-7503-2.7
This is the official text of Okla. Stat. tit. 10, § 10-7503-2.7, part of Oklahoma’s Stat. tit. 10, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 10,." Browse the sections below, each linked to its official government source.
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Setting aside permanent relinquishment or consent to
Official statutory text
adoption.
Oklahoma Statutes - Title 10. Children Page 318
A. Except as otherwise provided in subsection B of this section
and in Section 7503-2.6 of this title, a permanent relinquishment or
consent to adoption executed pursuant to the Oklahoma Adoption Code
shall be irrevocable.
B. The court shall set aside a permanent relinquishment or
consent to adoption or vacate an order terminating parental rights
based upon the execution of a permanent relinquishment only if it
would be in the best interests of the minor and if the individual
who executed the permanent relinquishment or consent establishes:
1. By a preponderance of the evidence that without good cause
shown, a petition to adopt was not filed within nine (9) months
after the minor was placed for adoption;
2. By a preponderance of the evidence, that another consent or
permanent relinquishment was not executed or that a court decided
not to terminate another individual's parental relationship to the
minor; or
3. By clear and convincing evidence, before a decree of
adoption is issued, or within three (3) months of the discovery of
the fraud, whichever is later, that the consent was obtained by
fraud or duress.
C. Notice of the motion to set aside the consent or permanent
relinquishment and hearing on the motion shall be provided to:
1. The person who filed for adoption of the minor;
2. The Department of Human Services or any child-placing agency
participating in the adoption; and
3. To any person or agency in whose favor the consent was
given.
D. The court shall provide an opportunity to be heard to the
person who has filed for adoption and to any agency participating in
the adoption as to why the withdrawal of consent would not be in the
best interest of the minor.
E. The court may enter such orders as justice requires
regarding the costs and legal fees of the person who filed for
adoption, the agency, the Department and the person seeking that the
consent or permanent relinquishment be set aside.
Oklahoma Statutes - Title 10. Children Page 318
A. Except as otherwise provided in subsection B of this section
and in Section 7503-2.6 of this title, a permanent relinquishment or
consent to adoption executed pursuant to the Oklahoma Adoption Code
shall be irrevocable.
B. The court shall set aside a permanent relinquishment or
consent to adoption or vacate an order terminating parental rights
based upon the execution of a permanent relinquishment only if it
would be in the best interests of the minor and if the individual
who executed the permanent relinquishment or consent establishes:
1. By a preponderance of the evidence that without good cause
shown, a petition to adopt was not filed within nine (9) months
after the minor was placed for adoption;
2. By a preponderance of the evidence, that another consent or
permanent relinquishment was not executed or that a court decided
not to terminate another individual's parental relationship to the
minor; or
3. By clear and convincing evidence, before a decree of
adoption is issued, or within three (3) months of the discovery of
the fraud, whichever is later, that the consent was obtained by
fraud or duress.
C. Notice of the motion to set aside the consent or permanent
relinquishment and hearing on the motion shall be provided to:
1. The person who filed for adoption of the minor;
2. The Department of Human Services or any child-placing agency
participating in the adoption; and
3. To any person or agency in whose favor the consent was
given.
D. The court shall provide an opportunity to be heard to the
person who has filed for adoption and to any agency participating in
the adoption as to why the withdrawal of consent would not be in the
best interest of the minor.
E. The court may enter such orders as justice requires
regarding the costs and legal fees of the person who filed for
adoption, the agency, the Department and the person seeking that the
consent or permanent relinquishment be set aside.
Status: in_force · Read it on the official government site
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