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§10-7503-4.1.
§10-7503-4.1.
A. 1. If a mother of a minor born out of wedlock or a mother and
father of a minor born in wedlock appear before a judge of the
district court prior to the birth of the minor and request that the
court issue a temporary order of custody effective after the birth of
the minor to a child-placing agency licensed in Oklahoma, an attorney
licensed in Oklahoma, or a prospective adoptive parent who has
presented to the court a favorable preplacement home study, the court
may, following the birth of the minor but prior to the execution of a
consent or permanent relinquishment by such parent or parents, issue
an order of temporary custody to the agency or attorney so designated
or, upon review by the judge of the preplacement home study, to the
prospective adoptive parent.
2. A prebirth request by a mother of a minor born out of wedlock or of
the mother and father of a child born in wedlock for an order of
temporary custody shall not be construed to be a consent to the
adoption of the minor or a permanent relinquishment of the minor.
3. Until such time as a consent or permanent relinquishment is signed
by the mother of a minor born out of wedlock or by both parents of a
minor born in wedlock, pursuant to the Oklahoma Adoption Code, the
mother of the minor born out of wedlock or either parent of the minor
born in wedlock may apply to the court at any time to vacate the order
of temporary custody. Upon such application, the court shall set aside
the temporary custody order and order that the minor be returned to
the parent.
4. The temporary order of custody issued pursuant to this subsection
shall, by its own terms, expire no later than ninety (90) days after
it has been issued by the court. Provided, the court upon application
may grant an extension if, prior to the application, the mother of a
minor born out of wedlock or the mother and father of a minor born in
wedlock have executed a consent or permanent relinquishment and if the
court has jurisdiction to adjudicate termination of parental rights or
adoption proceedings pursuant to Section 7502-1.1 of this title.
B. 1. After a birth mother of a minor born out of wedlock executes a
consent to adoption or a permanent relinquishment pursuant to Section
7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma Statutes, the court
may issue an order granting temporary custody of the minor to a
child-placing agency licensed in this state, an attorney licensed in
this state or, upon review by the court of the preplacement home
study, to a prospective adoptive parent.
2. After the mother and father of a minor born in wedlock execute a
consent to adoption or permanent relinquishment pursuant to Section
7503-2.3 or 7503-2.4 of Title 10 of the Oklahoma Statutes, the court
may issue an order granting temporary custody of the minor to a
child-placing agency licensed in this state, an attorney licensed in
this state or, upon review by the court of the preplacement home
study, to a prospective adoptive parent.
3. The temporary order of custody issued pursuant to this subsection
shall, by its own terms, expire no later than ninety (90) days after
it has been issued by the court. Provided, the court upon application
may grant an extension if the court has jurisdiction to adjudicate
termination of parental rights or adoption proceedings pursuant to
Section 7502-1.1 of this title.
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