[Previous] [Next]
§10-7503-2.4.
§10-7503-2.4.
A. A consent to an adoption of a minor shall be in writing, recorded
by a court reporter, and executed before a judge of the district court
in this state and contain:
1. The date, place, and time of the execution of the consent;
2. The name and date of birth of the person executing the consent;
3. The current mailing address, telephone number, and social security
number of the person executing the consent; and
4. Instructions that the consent is irrevocable, except upon the
specific grounds specified in Section 7503-2.7 of this title, upon
which the consent can be revoked and the manner in which a motion to
set aside the consent must be filed.
B. A consent must state:
1. That the person executing the document is voluntarily and
unequivocally consenting to the adoption of the minor;
2. An understanding that after the consent is executed, it is final
and, except for fraud or duress, may not be revoked or set aside for
any reason except as otherwise authorized by the Oklahoma Adoption
Code;
3. That the person executing the consent is represented by counsel or
has waived any right to counsel;
4. That the execution of the consent does not terminate any duty of
the person executing the consent to support the mother or the minor
until the adoption is completed;
5. That the person executing the consent has not received or been
promised any money or anything of value for the consent, except for
payments authorized by law;
6. Whether the individual executing the consent is a member of an
Indian tribe and whether the minor is eligible for membership or the
child is a member of an Indian tribe;
7. That the person believes the adoption of the minor is in the
minor's best interest; and
8. That the person executing the consent 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 parent may file an affidavit of nondisclosure.
C. Before executing a consent, a minor twelve (12) years of age or
older must have been informed by the court of the meaning and
consequences of the adoption and the availability of social and
medical history information, pursuant to Section 7504-1.2 of this
title, when the minor turns eighteen (18) years of age.
D. When it appears to the court that the parent or guardian executing
a consent 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 indigent defenders shall
assume the duties of representation in such proceedings.
E. The transcript of the court proceedings pursuant to this section
shall be placed in the court record.
F. The verification of the court shall be in substantially the
following form:
I, _______________, Judge of the District Court in and for __________
County, State of Oklahoma, a Court having original adoption
jurisdiction, do hereby certify, that upon this day, __________
personally appeared in open Court, before me, and orally and in
writing executed the above and foregoing Appearance and Consent to
Adoption.
In executing this acknowledgement, I further certify that the said
___________ acknowledged that the person executed said consent to
adoption freely and voluntarily, and that it was explained to such
person by or before me, the undersigned Judge of the District Court,
that in executing the consent the person was surrendering all parental
authority whatsoever over the minor; and that with such explanation
made to the consenting person by or before me, the undersigned Judge
of the District Court, the person executed the consent, freely,
voluntarily and intelligently for all uses and purposes therein set
forth.
I further certify that it was explained to the consenting person that
this consent is irrevocable and final except for fraud or duress and
may not be revoked or set aside except and unless no Petition to Adopt
is filed within nine (9) months after placement of the minor or if
this or some other court decides not to terminate the rights of the
other parent of the minor. I further certify that I am satisfied that
the consenting person understands the consequences of an adoption; the
consenting person has represented that such person has not received or
been promised any money or anything of value for the giving of consent
except for those payments authorized by law; the consenting person has
represented that such person is not under the influence of alcohol or
medication or other substance that affects the person's competence;
the parent fully understood the English language and communicated in
the English language at all times during said hearing, or all
information was translated into the consenting person's language, and
was fully understood by the person; and if the consenting person was
the biological parent, such parent was advised regarding the affidavit
of nondisclosure.
G. A consent may be signed before any judge of a court having probate
or adoption jurisdiction in this state or in the state of residence of
the person executing the consent.
H. 1. a. If an individual whose consent is necessary resides in a
country or place other than the United States of America, other than a
member of the United States Armed Services stationed abroad, the
consent of the individual to the adoption may be obtained by a written
instrument signed by such person and acknowledged before an officer of
the legal subdivision of the government of the place of such person's
residence who is authorized to administer oaths under the laws of such
country or place.
b. If the foreign country's government does not involve itself in
adoption matters, the consent may be executed before an officer of the
Judge Advocate General's Office of the United States Armed Services or
before an officer of the United States Embassy located in that
country, provided the execution of such consent is not a violation of
the laws of the foreign country, or a violation of international law
or treaty between the foreign country's government and the United
States. The consent shall reflect that the consent is not given or
accepted in violation of the laws of the foreign country or in
violation of international law or treaty between such foreign
country's government and the United States.
2. If an individual whose consent is necessary is a member of the
United States Armed Services stationed in a country or place other
than the United States, the individual's consent may be acknowledged
before an officer of the Judge Advocate General's Office or other
legal officer possessing the authority to administer oaths.
I. If the written instrument containing a consent to adoption is
written in a language other than the English language, the petitioner
must have it translated into the English language by a qualified
translator, and must file the original instrument together with the
translation with the court. The translation must be sworn to as being
a true and correct translation by the person translating the document.
J. Except as otherwise required by subsection H of this section, when
the person whose consent is or may be required resides outside of
Oklahoma, the consent to adoption by such person may be executed in
that state or country in the manner set forth in the Oklahoma Adoption
Code or in the manner prescribed by the laws of the state or country
of such person's residence.
[Previous] [Next]