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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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