[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]