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Okla. Stat.
§ 7503-2.6
Oklahoma
Statutes
Title
10. Children
Chapter 75. Oklahoma Adoption Code
Article
3. Adoption of Minors
Part
2. Consent to and Relinquishment for Adoption
§ 7503-2.6. Extrajudicial
consent
A. 1. A putative father at least sixteen (16) years
of age, of a minor born out of wedlock who
is not an Indian child, as defined by the Oklahoma
Indian Child Welfare Act, [FN1]
may execute an extrajudicial consent before a notary public in
which the putative father waives any legal interest in the
minor, disclaims any legal rights with respect to the minor,
and consents to the adoption of the minor. An
extrajudicial consent may be executed by a putative father before
or after the birth of the minor.
2.
A man who is the legal husband of the mother
of a minor who is not an Indian child, as
defined by the Oklahoma Indian Child Welfare Act, may execute
an extrajudicial
consent before a notary public in which he waives any
legal interest in the minor, disclaims any legal rights with
respect to the minor, and consents to the adoption of
the minor. An extrajudicial consent may be executed by
the father only after the birth of the minor.
B.
The extrajudicial consent shall contain:
1.
The date, place, and time of the execution of the
consent;
2.
The name, current mailing address, telephone number, date of birth,
and social security number of the putative father executing the
consent;
3.
Instructions that the consent is revocable for any reason for
fifteen (15) days after the execution of the consent, the
manner in which it may be revoked, and that thereafter
the consent is irrevocable, except upon the specific grounds specified
in Section 7503-2.7 of this title;
4.
A statement that the putative father is executing the document
voluntarily and is unequivocally consenting to the adoption of the
minor, and that the putative father understands that the consent
is final, and except for fraud or duress or the
other grounds set forth in Section 7503-2.7 of this title,
may not be revoked for any reason more than fifteen
(15) days after execution of the document;
5.
A statement that the putative father executing consent is represented
by counsel or has waived the right to counsel;
6.
A statement that the putative father understands that the execution
of the extrajudicial consent does not terminate any duty of
the person executing the extrajudicial consent to support the mother
or the minor until the adoption is completed;
7.
A statement that the putative father executing the consent is
not a member of an Indian tribe and that the
minor is not, through him, eligible for membership in an
Indian tribe;
8.
A statement that the putative father believes that the adoption
of the minor is in the minor's best interests;
9.
A statement that the putative father 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 consenting putative father may
file an affidavit of nondisclosure;
10.
A statement that the putative father has not received or
been promised any money or any thing of value for
the extrajudicial consent, except for payments authorized by law;
and
11.
A statement that the putative father is not under the
influence of alcohol or medication or other substance that affects
his competence at the time of the signing of the
extrajudicial consent.
C.
An extrajudicial consent shall be revocable for any reason for
fifteen (15) calendar days after the execution of the consent
before the notary public. To revoke the extrajudicial consent,
the consenting person must file a notice of revocation and
an intent to claim paternity, an acknowledgement of paternity, or
a notice of his desire to receive notice of adoption
proceedings or proceedings to terminate his parental rights, with the
Paternity Registry of the Department of Human Services pursuant to
Section 7506-1.1 of this title, and must provide a copy
of this notice to the birth mother at the time
of filing the notice with the Paternity Registry of the
Department of Human Services.
D.
The execution of an extrajudicial consent does not extinguish any
duty of the
putative father to support the mother or the minor until
the adoption is completed.
E.
Where no notice of revocation is filed in the time
period specified in subsection C of this section, the execution
of the extrajudicial consent shall operate as a waiver of
the consenting person's right to notice and participation in any
adoption proceedings or termination of parental rights proceedings regarding the
minor referenced in the extrajudicial consent.
CREDIT(S)
Laws
1997, c. 366, §
14, eff. Nov. 1, 1997; Laws 1998, c. 415,
§
12, emerg. eff. June 11, 1998; Laws 1999, c.
396, §
16, emerg. eff. June 10, 1999; Laws 2005, c.
57, §
1, eff. Nov. 1, 2005.
[FN1]
Title 10, § 40 et seq.
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