A. Except as otherwise provided in subsection B of this section and in
Section 7503-2.6 of this title, a permanent relinquishment or consent
to adoption executed pursuant to the Oklahoma Adoption Code shall be
B. The court shall set aside a permanent relinquishment or consent to
adoption or vacate an order terminating parental rights based upon the
execution of a permanent relinquishment only if it would be in the
best interests of the minor and if the individual who executed the
permanent relinquishment or consent establishes:
1. By a preponderance of the evidence that without good cause shown, a
petition to adopt was not filed within nine (9) months after the minor
was placed for adoption;
2. By a preponderance of the evidence, that another consent or
permanent relinquishment was not executed or that a court decided not
to terminate another individual's parental relationship to the minor;
3. By clear and convincing evidence, before a decree of adoption is
issued, or within three (3) months of the discovery of the fraud,
whichever is later, that the consent was obtained by fraud or duress.
C. Notice of the motion to set aside the consent or permanent
relinquishment and hearing on the motion shall be provided to:
1. The person who filed for adoption of the minor;
2. The Department of Human Services or any child-placing agency
participating in the adoption; and
3. To any person or agency in whose favor the consent was given.
D. The court shall provide an opportunity to be heard to the person
who has filed for adoption and to any agency participating in the
adoption as to why the withdrawal of consent would not be in the best
interest of the minor.
E. The court may enter such orders as justice requires regarding the
costs and legal fees of the person who filed for adoption, the agency,
the Department and the person seeking that the consent or permanent
relinquishment be set aside.