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§10-7505-4.2.


§10-7505-4.2.
   
   A. Consent to adoption is not required from a putative father of a
   minor who, at the hearing provided for in Section 7505-2.1 or 7505-4.1
   of this title, fails to prove he is the father of the child.
   
   B. Consent to adoption is not required from a parent who, for a period
   of twelve (12) consecutive months out of the last fourteen (14) months
   immediately preceding the filing of a petition for adoption of a child
   or a petition to terminate parental rights pursuant to Section
   7505-2.1 of this title, has willfully failed, refused, or neglected to
   contribute to the support of such minor:
   
   1. In substantial compliance with an order entered by a court of
   competent jurisdiction adjudicating the duty, amount, and manner of
   support; or
   
   2. According to such parent's financial ability to contribute to such
   minor's support if no provision for support is provided in an order.
   
   The incarceration of a parent in and of itself shall not prevent the
   adoption of a minor without consent.
   
   C. Consent to adoption is not required from a father or putative
   father of a minor born out of wedlock if:
   
   1. The minor is placed for adoption within ninety (90) days of birth,
   and the father or putative father fails to show he has exercised
   parental rights or duties towards the minor, including, but not
   limited to, failure to contribute to the support of the mother of the
   child to the extent of his financial ability during her term of
   pregnancy; or
   
   2. The minor is placed for adoption within fourteen (14) months of
   birth, and the father or putative father fails to show that he has
   exercised parental rights or duties towards the minor, including, but
   not limited to, failure to contribute to the support of the minor to
   the extent of his financial ability, which may include consideration
   of his failure to contribute to the support of the mother of the child
   to the extent of his financial ability during her term of pregnancy.
   Failure to contribute to the support of the mother during her term of
   pregnancy shall not in and of itself be grounds for finding the minor
   eligible for adoption without such father's consent.
   
   The incarceration of a parent in and of itself shall not prevent the
   adoption of a minor without consent.
   
   D. In any case where a father or putative father of a minor born out
   of wedlock claims that, prior to the receipt of notice of the hearing
   provided for in Sections 7505-2.1 and 7505-4.1 of this title, he had
   been specifically denied knowledge of the minor or denied the
   opportunity to exercise parental rights and duties toward the minor,
   such father or putative father must prove to the satisfaction of the
   court that he made sufficient attempt to discover if he had fathered a
   minor or made sufficient attempt to exercise parental rights and
   duties toward the minor prior to the receipt of notice.
   
   E. Consent to adoption is not required from a parent or putative
   father who waives in writing his right to notice of the hearing
   provided for in Section 7505-2.1 or 7505-4.1 of this title.
   
   F. Consent to adoption is not required from a parent or putative
   father who fails to appear at the hearing provided for in Section
   7505-2.1 or 7505-4.1 of this title if all notice requirements
   contained in or pursuant to such sections have been met.
   
   G. Consent to adoption is not required from a parent who is entitled
   to custody of a minor and has abandoned the minor.
   
   H. Consent to adoption is not required from a parent who willfully
   fails to maintain a significant relationship with a minor through
   visitation or communication for a period of twelve (12) consecutive
   months out of the last fourteen (14) months immediately preceding the
   filing of a petition for adoption of the child.
   
   I. Consent to adoption is not required from a parent who has been
   convicted in a criminal action pursuant to the provisions of Sections
   7102 and 7115 of this title and Sections 1021.3, 1111 and 1123 of
   Title 21 of the Oklahoma Statutes or who has either:
   
   1. Physically or sexually abused the minor or a sibling of such minor
   or failed to protect the minor or a sibling of such minor from
   physical or sexual abuse that is heinous or shocking to the court or
   that the minor or sibling of such minor has suffered severe harm or
   injury as a result of such physical or sexual abuse; or
   
   2. Physically or sexually abused the minor or a sibling of such minor
   or failed to protect the minor or a sibling of such minor from
   physical or sexual abuse subsequent to a previous finding that such
   parent has physically or sexually abused the minor or a sibling of
   such minor or failed to protect the minor or a sibling of such minor
   from physical or sexual abuse.
   
   J. Consent to adoption is not required from a parent who has been
   convicted in a criminal action of having caused the death of a sibling
   of the minor as a result of the physical or sexual abuse or chronic
   neglect of such sibling.
   
   K. Consent to adoption is not required from a parent if the parent has
   been sentenced to a period of incarceration of not less than ten (10)
   years and the continuation of parental rights would result in harm to
   the minor based on consideration of the following factors, among
   others: the duration of incarceration and its detrimental effect on
   the parent/child relationship; any previous incarcerations; any
   history of criminal behavior, including crimes against children; the
   age of the minor; the evidence of abuse or neglect of the minor or
   siblings of the minor by the parent; and the current relationship
   between the parent and the minor and the manner in which the parent
   has exercised parental rights and duties in the past.
   
   L. Consent to adoption is not required from:
   
   1. A parent who has a mental illness or mental deficiency, as defined
   by paragraphs f and g of Article II of Section 6-201 of Title 43A of
   the Oklahoma Statutes, which renders the parent incapable of
   adequately and appropriately exercising parental rights, duties and
   responsibilities;
   
   2. The continuation of parental rights would result in harm or
   threatened harm to the minor; and
   
   3. The mental illness or mental deficiency of the parent is such that
   it will not respond to treatment, therapy or medication and, based
   upon competent medical opinion, the condition will not substantially
   improve.
   
   M. Consent to adoption is not required from a putative father who has
   been served with a Notice of Plan for Adoption pursuant to Section
   7503-3.1 of this title and who returns the form to the Paternity
   Registry of the Department of Human Services or agency or attorney who
   served him explicitly waiving a right to notice and legal rights to
   the minor or who fails to return the form pursuant to Section 7503-3.1
   of this title in time for the form to be received by the Paternity
   Registry of the Department of Human Services or the agency or attorney
   who served him within thirty (30) days from the date the Notice of
   Plan for Adoption was served upon the putative father.
   
   N. Consent to adoption is not required from:
   
   1. An individual who has permanently relinquished the minor pursuant
   to the Oklahoma Adoption Code;
   
   2. An individual whose parental relationship to a minor has been
   legally terminated or legally determined not to exist; or
   
   3. The personal representative of a deceased parent's estate.
   
   O. Consent to adoption is not required from a parent who has
   voluntarily placed a minor child in the care of a licensed child care
   institution or child-placing agency, if the minor has remained in
   out-of-home care for eighteen (18) months or more, and the parent has
   willfully failed to substantially comply for twelve (12) consecutive
   months out of the fourteen-month period immediately preceding the
   filing of the petition for adoption with a reasonable written plan of
   care. Provided, the willful failure to comply with the written plan of
   care may not be a ground for adoption without consent unless the plan
   of care, at the time it was initially executed by the parent,
   contained notice that failure to substantially comply constitutes
   grounds for adoption without consent. The reasonableness of the plan
   shall be a question of fact to be determined by the court.
   

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