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10-7503-2.3.


10-7503-2.3.
   
   A. A permanent relinquishment may be executed by a person whose
   consent to the adoption of a minor is required by Section 7503-2.1 of
   this title. The permanent relinquishment shall be in writing and shall
   relinquish all of that individual's rights with respect to the minor,
   including legal and physical custody and the right to consent to the
   minor's adoption.
   
   B. Permanent relinquishments may be made only to:
   
   1. The Department of Human Services;
   
   2. A child-placing agency; or
   
   3. Any other person, with the written consent of the Department or
   court.
   
   C. A permanent relinquishment shall be in writing, executed before a
   judge of the district court in this state, recorded by a court
   reporter and contain:
   
   1. The date, place, and time of the execution of the permanent
   relinquishment;
   
   2. The name and date of birth of the person executing the permanent
   relinquishment;
   
   3. The current mailing address, telephone number and social security
   number of the person executing the permanent relinquishment;
   
   4. Instructions that the permanent relinquishment is irrevocable,
   except upon the specific grounds specified in Section 7503-2.7 of this
   title, upon which the permanent relinquishment can be revoked and the
   manner in which a motion to set aside the permanent relinquishment
   must be filed; and
   
   5. The name of the person or agency as described in subsection B of
   this section to whom the permanent relinquishment is being given and
   who shall have the right to give consent to the minor's adoption.
   
   D. A permanent relinquishment 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 permanent relinquishment 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 permanent relinquishment is
   represented by counsel or has waived any right to counsel;
   
   4. That the execution of the permanent relinquishment does not
   terminate any duty of the person executing the permanent
   relinquishment to support the mother or the minor until the adoption
   is completed;
   
   5. That the person executing the permanent relinquishment has not
   received or been promised any money or anything of value for the
   permanent relinquishment, except for payments authorized by law;
   
   6. Whether the individual executing the permanent relinquishment is a
   member of an Indian tribe and whether the minor is eligible for
   membership or the minor 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 permanent relinquishment 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 relinquishing parent may sign an affidavit of
   nondisclosure.
   
   E. When it appears to the court that the parent or guardian executing
   a permanent relinquishment 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.
   
   F. The transcript of the court proceedings pursuant to this section
   shall be placed in the court record.
   
   G. 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 permanent relinquishment for
   adoption.
   
   In executing this acknowledgement, I further certify that the said
   ___________ acknowledged that the person executed said relinquishment
   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 relinquishment, the person was surrendering all
   parental authority whatsoever over the minor; and that with such
   explanation made to the person relinquishing the minor by or before
   me, the undersigned Judge of the District Court, the person executed
   the relinquishment, freely, voluntarily and intelligently for all uses
   and purposes therein set forth.
   
   I further certify that it was explained to the relinquishing person
   that this relinquishment 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 relinquishing person understands the consequences
   of an adoption; the relinquishing person has represented that such
   person has not received or been promised any money or anything of
   value for the giving of the permanent relinquishment except for those
   payments authorized by law; the relinquishing person has represented
   that such person is not under the influence of alcohol or medication
   or any other substance that affects the person's competence; the
   person fully understood the English language and communicated in the
   English language at all times during said hearing, or all information
   was translated into the relinquishing person's language, and was fully
   understood by the person; and if the relinquishing person was the
   biological parent, such parent was advised regarding the affidavit of
   nondisclosure.
   
   H. A permanent relinquishment shall 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 permanent
   relinquishment.
   
   I. 1. a. If an individual permanently relinquishing the child 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 permanent relinquishment of the individual 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 permanent relinquishment 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 a permanent
   relinquishment 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 permanent
   relinquishment shall reflect that the permanent relinquishment 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 permanently relinquishing the child is a member of
   the United States Armed Services stationed in a country or place other
   than the United States, the individual's permanent relinquishment may
   be acknowledged before an officer of the Judge Advocate General's
   Office or other legal officer possessing the authority to administer
   oaths.
   
   J. If the written instrument containing a permanent relinquishment is
   written in a language other than the English language, the petitioner
   must have it translated into the English language by a person
   qualified to do so, 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.
   
   K. Except as otherwise required by subsection I of this section, when
   the person permanently relinquishing the child for the purposes of
   adoption resides outside of Oklahoma, the permanent relinquishment 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.
   
   L. 1. A court before which a permanent relinquishment has been
   executed may enter an order terminating parental rights of the parent
   of a child if such parent has executed a permanent relinquishment for
   adoption pursuant to the Oklahoma Adoption Code.
   
   2. Any order terminating parental rights of a parent pursuant to this
   subsection shall state that the termination of parental rights shall
   not terminate the duty of the parent to support the child of such
   parent. The duty of the parent to support the child shall not be
   terminated until such time as a final decree of adoption has been
   entered.
   
   3. Any proceedings held pursuant to this subsection shall not require
   the state as a necessary party.
   

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