Oklahoma Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: Title 10, § 7503-2.1- Both parents
- One parent if the other is deceased, has had rights terminated, or whose consent is not required
- A legal guardian
- The head of a child-placing agency to the whom the child has been relinquished
- Any person having legal custody
- The parents or guardian of a minor parent under age 16 years
Age When Consent of Adoptee is Considered or Required
Statute: Title 10, § 7503-2.1
- A child 12 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Statute: Title 10, § 7505-4.2
- Parental rights have been terminated.
- For 12 months, the parent has failed to support the child.
- A parent has been convicted of physical or sexual abuse, or is incarcerated.
- A putative father fails to acknowledge paternity.
- A parent has a mental illness or deficiency.
When Consent Can Be Executed
Statute: Title 10, §§ 7503-2.2; 7503-2.3- The parent may not execute consent until after the child's birth.
- A putative father may consent before or after the child's birth.
- A permanent relinquishment may be executed any time after the child's birth, after court authorization, but it must be in writing and include a statement of irrevocability.
How Consent Must Be Executed
Statute: Title 10, §§ 7503-2.3; 7503-2.6- Parents may relinquish to the department, an agency, or another person.
- Consent must be in writing and executed before a judge.
- Consent must state that it was executed voluntarily and unequivocally.
- A putative father may make an extra-judicial consent.
Revocation of Consent
Statute: Title 10, §§ 7503-2.7; 7503-2.6- Consent is irrevocable, except if it was obtained by fraud or duress, or if a court finds that it is in the child's best interest, and there has been no adoptive placement for 9 months.
- An extra-judicial consent is revocable for any reason for 15 days.
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