Okla. Stat. tit. 10, § 10-7505-4.1

A. If a consent to adoption or permanent relinquishment for

adoption has not been obtained from both parents of a minor who is

the subject of a petition for adoption, and the rights of the

nonconsenting parent or parents have not previously been terminated,

the petitioner for adoption, a consenting parent, or a legal

guardian or legal custodian of the minor to be adopted must file an

application to the court stating the reason that the consent or

relinquishment of the parent or parents is not necessary. In the

alternative, if the nonconsenting parent is a putative father of a

minor born out of wedlock, the petitioner for adoption, a consenting

parent, or a legal guardian or legal custodian of the minor may file

an application to terminate the parental rights of the putative

father. The grounds for terminating a putative father pursuant to

this section shall be identical to the grounds for permitting an

Oklahoma Statutes - Title 10. Children Page 348

adoption without the consent of a parent, pursuant to Section 7505-

4.2 of this title.

B. A hearing on an application for adoption without consent or

an application to terminate parental rights cannot be combined with

the hearing on the application for a final decree of adoption. For

good cause shown, a hearing on the application for a final decree of

adoption may be heard as early as the same day as a hearing on an

application to terminate parental rights, without prejudice to the

rights of any parties to appeal from the order terminating parental

rights.

C. 1. Prior to the hearing on the application to permit the

adoption of the minor without the consent or relinquishment of a

parent, or the application to terminate the rights of a putative

father filed pursuant to this section, notice of the hearing on the

application and a copy of the application shall be served upon the

parent or putative father who is the subject of the application in

the same manner as summons is served in civil cases, not less than

fifteen (15) days prior to the hearing.

2. The notice shall contain the name of the parent, putative

father, or if the father is unknown, the name of the child, date of

birth of the child, the date of the hearing, and the ground or

grounds for which application for adoption without consent or

relinquishment or termination of parental rights is sought. The

notice shall apprise the parent or putative father of the parent's

legal rights and shall include a clear statement that failure to

appear at the hearing shall constitute a denial of interest in the

child, which denial may result, without further notice of this

proceeding or any subsequent proceeding, in the granting of the

application for adoption without consent or permanent relinquishment

or in the termination of the putative father's parental rights and

in the child's adoption.

3. If the identity or whereabouts of a parent or putative

father are unknown, the court must determine whether the parent or

putative father can be identified or located. Following an inquiry

pursuant to Section 7505-4.3 of this title, if the court finds that

the identity or whereabouts of the putative father cannot be

ascertained, and this fact is attested to by affidavit of the

consenting parent, legal guardian or legal custodian of the minor,

it shall order that notice be given by publication and, if the

identity is known, that a copy be mailed to the last-known address

of the parent or putative father. The notice shall be published

once pursuant to the laws relating to the service of notice by

publication in the county in which the petition to adopt is filed,

and the hearing shall not be held for at least fifteen (15) days

after publication of the notice. When notice is given by

publication, an order terminating parental rights shall not become

final for a period of fifteen (15) days from the date of the order.

Oklahoma Statutes - Title 10. Children Page 349
e service of notice by

publication in the county in which the petition to adopt is filed,

and the hearing shall not be held for at least fifteen (15) days

after publication of the notice. When notice is given by

publication, an order terminating parental rights shall not become

final for a period of fifteen (15) days from the date of the order.

Oklahoma Statutes - Title 10. Children Page 349

4. A parent or putative father may waive such person's right to

notice pursuant to this section. The waiver, signed by the parent

or putative father, shall include a statement affirming that the

person signing the waiver understands that the waiver shall

constitute grounds for ordering adoption without consent of the

parent or for the termination of the parental rights of a putative

father pursuant to the provisions of this section and Section 7505-

4.2 of this title. A putative father may waive his right to notice

under this section, by signing an extrajudicial consent pursuant to

Section 7503-2.6 of this title, or by waiving notice on a form filed

with the Paternity Registry of the Department of Human Services, or

by failing to register with the Paternity Registry of the Department

of Human Services after receiving a Notice of Plan for Adoption

pursuant to Section 7503-3.1 of this title.

D. When a parent or putative father appears at the hearing and

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's indigent defenders shall

assume the duties of representation in such proceedings.

E. At the hearing on an application to permit adoption without

the consent or relinquishment of a parent, the court may determine

whether the minor is eligible for adoption pursuant to Section 7505-

4.2 of this title. At the hearing on an application to terminate

the parental rights of a putative father, the court may, if it is in

the best interests of the minor, determine that the consent of the

putative father to the adoption of the minor is not required, and

terminate any parental rights which the putative father may have, as

provided in Section 7505-4.2 of this title.

F. The court shall terminate the parental rights of a putative

father if he fails to appear at the hearing on the application to

terminate his parental rights or if he has waived notice pursuant to

paragraph 4 of subsection C of this section.

G. A proceeding pursuant to this section for determination of

necessity of parental consent or for termination of parental rights

shall be heard by the court without a jury.

H. No order of the court shall be vacated, set aside, or

annulled upon the application of any person who was properly served

with notice in accordance with this section but failed to appear,

unless the applicant has established by clear and convincing

evidence that such failure to appear was due to unavoidable

circumstances. Such application must be filed within ten (10) days

of the date of the hearing at which the applicant failed to appear.

No order of the court shall be vacated, set aside or annulled upon

the application of any person who waived notice pursuant to

paragraph 4 of subsection C of this section.

I. 1. a. An appeal may be taken from any final order, judgment,

or decree terminating parental rights rendered

Oklahoma Statutes - Title 10. Children Page 350

pursuant to this section to the Supreme Court by any

person aggrieved thereby, in the manner provided for

appeals from the court as provided in this subsection.

b. An appeal from an order determining a child eligible

for adoption which does not terminate parental rights

may be taken in the same manner provided for appeals

from the court as provided in this subsection. The

failure of a parent to appeal from an order declaring

a child eligible for adoption without consent of the

parent which does not terminate parental rights shall
n this subsection.

b. An appeal from an order determining a child eligible

for adoption which does not terminate parental rights

may be taken in the same manner provided for appeals

from the court as provided in this subsection. The

failure of a parent to appeal from an order declaring

a child eligible for adoption without consent of the

parent which does not terminate parental rights shall

not preclude such parent from asserting error in the

order after the final decree is rendered.

2. In an appeal concerning the termination of parental rights

for purposes of adoption pursuant to this section or from an order

determining a child eligible for adoption which does not terminate

parental rights pursuant to this section, the appellant's

designation of record shall be filed in the trial court within ten

(10) days after the date of the judgment or order. Appellee's

counter designation of record shall be filed in the trial court ten

(10) days after appellant's designation of record is filed in the

trial court.

3. All appeals of cases concerning the termination of parental

rights for purposes of adoption or an order determining a child

eligible for adoption which does not terminate parental rights

pursuant to this section shall be initiated by filing a petition in

error in the Supreme Court within thirty (30) days of the filing of

the order, judgment, or decree appealed from. The record on appeal

shall be completed within thirty (30) days from the filing of the

petition in error. Any response to the petition in error shall be

filed within twenty (20) days from the filing of the petition in

error.

4. The briefing schedule is established as follows:

a. appellant's brief in chief shall be filed twenty (20)

days after the trial court clerk notifies all parties

that the record is complete and such notice has been

filed in the office of the Clerk of the Supreme Court,

b. appellant's answer brief shall be filed fifteen (15)

days after the appellant's brief in chief is filed,

and

c. appellant's reply brief may be filed within ten (10)

days after the appellee's answer brief is filed.

J. Any appeal when docketed should have priority over all cases

pending on said docket. Adjudication of appeals and any other

proceedings concerning the termination of parental rights or the

determination that a child is eligible for adoption without consent

which does not terminate parental rights pursuant to this section

shall be expedited by the Supreme Court.

Oklahoma Statutes - Title 10. Children Page 351

K. The pendency of an appeal shall not suspend the order of the

district court regarding a minor, nor shall it remove the minor from

the custody of that court or of the person, institution, or agency

to whose care such minor has been committed, unless the Supreme

Court shall so order.

L. 1. The termination of parental rights terminates the

parent-child relationship, including the parent's right to the

custody of the child and the parent's right to visit the child, the

parent's right to control the child's training and education, the

necessity for the parent to consent to the adoption of the child,

the parent's right to the earnings of the child, and the parent's

right to inherit from or through the child. Provided, that this

subsection shall not in any way affect the right of the child to

inherit from the parent.

2. Termination of parental rights pursuant to this section

shall not terminate the duty of either parent to support the minor

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

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

adoption has been entered.

3. A determination that the consent to adoption is not required

from the parent of a minor shall not, by itself, act to relieve such

parent of the obligation to provide for the support of the minor as

otherwise required by law. The duty of the parent to support the
of the parent to support the minor

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

adoption has been entered.

3. A determination that the consent to adoption is not required

from the parent of a minor shall not, by itself, act to relieve such

parent of the obligation to provide for the support of the minor as

otherwise required by law. The duty of the parent to support the

minor child shall not be terminated until such time as a final

decree of adoption has been entered.