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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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