[Previous] [Next]
§10-7506-1.1.
§10-7506-1.1.
A. The Department of Human Services shall establish a centralized
paternity registry. The purpose of the registry is to:
1. Protect the parental rights of a putative father who may wish to
affirmatively assume responsibility for children he may have fathered;
and
2. Expedite adoptions of children whose biological fathers are
unwilling to assume responsibility for their children by registering
with the registry or otherwise acknowledging their children.
B. The father or putative father of a child born out of wedlock may
file:
1. A notice of desire to receive notification of an adoption
proceeding concerning the minor pursuant to Section 7503-3.1 of this
title;
2. A notice of intent to claim paternity of the child pursuant to this
section or Section 7503-3.1 of this title;
3. An instrument acknowledging paternity of the child as provided in
Section 7503-3.1 of this title, or this section, and Section 1-311.3
of Title 63 of the Oklahoma Statutes;
4. A waiver of interest pursuant to Section 7503-3.1 of this title; or
5. Any other claim for acknowledging or denial of paternity authorized
by law.
C. The paternity registry shall also be available to any person who:
1. Has been adjudicated by a court of another state or territory of
the United States to be the father of a minor by filing a certified
copy of the court order with the registry; or
2. Has been adjudicated by a court of this state to be the father of a
minor born out of wedlock.
D. The Department shall maintain the following information in the
registry:
1. The putative father's:
a. name,
b. address at which the putative father may be served with notice of
an adoption,
c. Social Security number,
d. date of birth, and
e. tribal affiliation, if any;
2. The mother's:
a. name, including all other names known to the putative father that
the mother uses, and
b. address, Social Security number, and date of birth, if known;
3. The minor's name, date and place of birth, if known, or the
probable month and year of the expected birth of the minor;
4. The date that the Department receives a putative father's
registration;
5. The:
a. name of an attorney or child-placing agency that requests the
Department to search the registry to determine whether a putative
father is registered in relation to a mother whose minor is or may be
the subject of an adoption, and
b. date that the attorney or agency submits a request as provided
under this paragraph;
6. If the registration is based upon an adjudication by a court of
this or any other state, the case number, court, date of order,
judgment or decree, and a copy of the decree; and
7. Any other information that the Department determines is necessary
to access the information in the registry.
E. The Department shall store the registry's data in a manner so that
the data is accessible under the following:
1. The putative father's name;
2. The mother's name; and
3. The minor's name, if known.
F. A putative father who registers under this section shall provide to
the Department:
1. The putative father's:
a. name,
b. address at which the putative father may be served with notice of
an adoption,
c. Social Security number,
d. date of birth, and
e. tribal affiliation, if any;
2. The mother's name, including all other names known to the putative
father that the mother uses;
3. If the registration is based upon an adjudication by a court of
this or any other state, the case number, court, date of order,
judgment or decree, and a copy of the decree; and
4. Any other information described under subsection D of this section
that is known to the putative father.
G. 1. A person filing a notice of desire to receive notification of an
adoption proceeding concerning the minor, a notice of intent to claim
paternity of a minor or an acknowledgment of paternity shall include
therein his current address and shall notify the registry of any
change of address pursuant to procedures prescribed by rules of the
Department.
2. If a putative father does not have an address where the putative
father is able to receive notice of an adoption, the putative father
may designate another person as an agent for the purpose of receiving
notice of adoption. The putative father must provide the Department
with the agent's name and the address at which the agent may be
served.
3. Service of notice upon the agent constitutes service of notice upon
the putative father. If the agent cannot be served at the address
provided by the putative father, as provided in this subsection, and
if the putative father cannot be served because his whereabouts are
unknown, the putative father can be served by publication pursuant to
paragraph 3 of subsection B of Section 7505-2.1 or paragraph 3 of
subsection C of Section 7505-4.1 of this title.
H. An unrevoked notice of intent to claim paternity of a minor or an
instrument acknowledging paternity may be introduced in evidence by
any party in any proceeding in which such fact may be relevant.
I. The Department, upon request, shall provide the names and addresses
of persons listed with the registry to any court or authorized agency,
and such other persons deemed necessary to receive such information by
the Department. The information shall not be divulged to any other
person except upon order of a court for good cause shown.
J. The Department shall:
1. Provide the forms necessary for filing with the paternity registry
established by this section and shall make said forms available to any
father or putative father of a minor born out of wedlock who wishes to
file with the registry; and
2. Provide, from any available funds, for the publication and
statewide distribution to the public of information as to the
existence of the paternity registry, the procedures for entry into the
registry, and the consequences of failure to register.
[Previous] [Next]