Okla. Stat. tit. 10, § 10-7505-4.2

A. Consent to adoption is not required from a putative father

of a minor who, at the hearing provided for in Section 7505-2.1 or

7505-4.1 of this title, fails to prove he is the father of the

child.

B. Consent to adoption is not required from a parent who, for a

period of twelve (12) consecutive months out of the last fourteen

(14) months immediately preceding the filing of a petition for

adoption of a child or a petition to terminate parental rights

pursuant to Section 7505-2.1 of this title, has willfully failed,

refused, or neglected to contribute to the support of such minor:

1. In substantial compliance with an order entered by a court

of competent jurisdiction adjudicating the duty, amount, and manner

of support; or

2. According to such parent's financial ability to contribute

to such minor's support if no provision for support is provided in

an order. For the purposes of this section, support for the minor

shall benefit the minor by providing a necessity. Payments that

Oklahoma Statutes - Title 10. Children Page 352

shall not be considered support shall include, but are not limited

to:

a. genetic and drug testing,

b. supervised visitation,

c. counseling for any person other than the minor,

d. court fees and costs,

e. restitution payments, and

f. transportation costs for any person other than the

minor, unless such transportation expenses are

specifically ordered in lieu of support in a court

order.

The incarceration of a parent in and of itself shall not prevent

the adoption of a minor without consent.

C. Consent to adoption is not required from a father or

putative father of a minor born out of wedlock if:

1. The minor is placed for adoption within ninety (90) days of

birth, and the father or putative father fails to show he has

exercised parental rights or duties towards the minor, including,

but not limited to, failure to contribute to the support of the

mother of the child to the extent of his financial ability during

her term of pregnancy; or

2. The minor is placed for adoption within fourteen (14) months

of birth, and the father or putative father fails to show that he

has exercised parental rights or duties towards the minor,

including, but not limited to, failure to contribute to the support

of the minor to the extent of his financial ability, which may

include consideration of his failure to contribute to the support of

the mother of the child to the extent of his financial ability

during her term of pregnancy. Failure to contribute to the support

of the mother during her term of pregnancy shall not in and of

itself be grounds for finding the minor eligible for adoption

without such father's consent.

The incarceration of a parent in and of itself shall not prevent

the adoption of a minor without consent.

D. In any case where a father or putative father of a minor

born out of wedlock claims that, prior to the receipt of notice of

the hearing provided for in Sections 7505-2.1 and 7505-4.1 of this

title, he had been specifically denied knowledge of the minor or

denied the opportunity to exercise parental rights and duties toward

the minor, such father or putative father must prove to the

satisfaction of the court that he made sufficient attempts to

discover if he had fathered a minor or made sufficient attempts to

exercise parental rights and duties toward the minor prior to the

receipt of notice.

E. Consent to adoption is not required from a parent or

putative father who waives in writing his right to notice of the

hearing provided for in Section 7505-2.1 or 7505-4.1 of this title.

Oklahoma Statutes - Title 10. Children Page 353

F. Consent to adoption is not required from a parent or

putative father who fails to appear at the hearing provided for in

Section 7505-2.1 or 7505-4.1 of this title if all notice

requirements contained in or pursuant to such sections have been

met.

G. Consent to adoption is not required from a parent who is
7505-2.1 or 7505-4.1 of this title.

Oklahoma Statutes - Title 10. Children Page 353

F. Consent to adoption is not required from a parent or

putative father who fails to appear at the hearing provided for in

Section 7505-2.1 or 7505-4.1 of this title if all notice

requirements contained in or pursuant to such sections have been

met.

G. Consent to adoption is not required from a parent who is

entitled to custody of a minor and has abandoned the minor.

H. 1. Consent to adoption is not required from a parent who

fails to establish and/or maintain a substantial and positive

relationship with a minor for a period of twelve (12) consecutive

months out of the last fourteen (14) months immediately preceding

the filing of a petition for adoption of the child.

2. In any case where a parent of a minor claims that prior to

the receipt of notice of the hearing provided for in Sections 7505-

2.1 and 7505-4.1 of this title, such parent had been denied the

opportunity to establish and/or maintain a substantial and positive

relationship with the minor by the custodian of the minor, such

parent shall prove to the satisfaction of the court that he or she

has taken sufficient legal action to establish and/or maintain a

substantial and positive relationship with the minor prior to the

receipt of such notice.

3. For purposes of this subsection, “fails to establish and/or

maintain a substantial and positive relationship" means the parent:

a. has not maintained frequent and regular contact with

the minor through frequent and regular visitation or

frequent and regular communication to or with the

minor, or

b. has not exercised parental rights and

responsibilities.

I. Consent to adoption is not required from a parent who has

been convicted in a criminal action pursuant to the provisions of

Sections 7102 and 7115 of this title and Sections 1021.3, 1111 and

1123 of Title 21 of the Oklahoma Statutes or who has either:

1. Physically or sexually abused the minor or a sibling of such

minor or failed to protect the minor or a sibling of such minor from

physical or sexual abuse that is heinous or shocking to the court or

that the minor or sibling of such minor has suffered severe harm or

injury as a result of such physical or sexual abuse; or

2. Physically or sexually abused the minor or a sibling of such

minor or failed to protect the minor or a sibling of such minor from

physical or sexual abuse subsequent to a previous finding that such

parent has physically or sexually abused the minor or a sibling of

such minor or failed to protect the minor or a sibling of such minor

from physical or sexual abuse.

J. Consent to adoption is not required from a parent who has

been convicted in a criminal action of having caused the death of a

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sibling of the minor as a result of the physical or sexual abuse or

chronic neglect of such sibling.

K. Consent to adoption is not required from a parent if the

parent has been sentenced to a period of incarceration of not less

than ten (10) years and the continuation of parental rights would

result in harm to the minor based on consideration of the following

factors, among others: the duration of incarceration and its

detrimental effect on the parent/child relationship; any previous

incarcerations; any history of criminal behavior, including crimes

against children; the age of the minor; the evidence of abuse or

neglect of the minor or siblings of the minor by the parent; and the

current relationship between the parent and the minor and the manner

in which the parent has exercised parental rights and duties in the

past.

L. Consent to adoption is not required from:

1. A parent who has a mental illness or mental deficiency, as

defined by paragraphs f and g of Article II of Section 6-201 of

Title 43A of the Oklahoma Statutes, which renders the parent

incapable of adequately and appropriately exercising parental
the minor and the manner

in which the parent has exercised parental rights and duties in the

past.

L. Consent to adoption is not required from:

1. A parent who has a mental illness or mental deficiency, as

defined by paragraphs f and g of Article II of Section 6-201 of

Title 43A of the Oklahoma Statutes, which renders the parent

incapable of adequately and appropriately exercising parental

rights, duties and responsibilities;

2. The continuation of parental rights would result in harm or

threatened harm to the minor; and

3. The mental illness or mental deficiency of the parent is

such that it will not respond to treatment, therapy or medication

and, based upon competent medical opinion, the condition will not

substantially improve.

M. Consent to adoption is not required from a putative father

who has been served with a Notice of Plan for Adoption pursuant to

Section 7503-3.1 of this title and who returns the form to the

Paternity Registry of the Department of Human Services or agency or

attorney who served him explicitly waiving a right to notice and

legal rights to the minor or who fails to return the form pursuant

to Section 7503-3.1 of this title in time for the form to be

received by the Paternity Registry of the Department of Human

Services or the agency or attorney who served him within thirty (30)

days from the date the Notice of Plan for Adoption was served upon

the putative father.

N. Consent to adoption is not required from:

1. An individual who has permanently relinquished parental

rights and responsibilities to the minor pursuant to the Oklahoma

Adoption Code;

2. An individual whose parental relationship to a minor has

been legally terminated or legally determined not to exist; or

3. The personal representative of a deceased parent's estate.

O. Consent to adoption is not required from a parent who has

voluntarily placed a minor child in the care of a licensed child

care institution or child-placing agency, if the minor has remained

Oklahoma Statutes - Title 10. Children Page 355

in out-of-home care for eighteen (18) months or more, and the parent

has willfully failed to substantially comply for twelve (12)

consecutive months out of the fourteen-month period immediately

preceding the filing of the petition for adoption with a reasonable

written plan of care. Provided, the willful failure to comply with

the written plan of care may not be a ground for adoption without

consent unless the plan of care, at the time it was initially

executed by the parent, contained notice that failure to

substantially comply constitutes grounds for adoption without

consent. The reasonableness of the plan shall be a question of fact

to be determined by the court.