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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2011 By: Townley
AS INTRODUCED
An Act relating to children; amending 10 O.S. 2011,
Section 7505-4.2, which relates to exceptions to
requirement for parental consent in adoption ; making
consent of parent who perpetrated rape which led to
conception of child unnecessary; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2011, Section 7505-4.2, is
amended to read as follows:
Section 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 ri ghts
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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. For the purposes of this section, support for the minor
shall benefit the minor by provi ding a necessity. Payments that
shall not be considered support shall include, but are not limited
to:
a. genetic and drug testing,
b. supervised visitation,
c. counseling for any person other than the minor,
d. court fees and costs,
e. restitution payments, and
f. transportation costs for any person other than the
minor, unless such transportation expenses are
specifically ordered in lieu of support in a court
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:
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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 wi thin 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 fin ancial 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 opportuni ty to exercise parental rights and duties toward
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the minor, such father or putative father must prove to the
satisfaction of the court that he made sufficient attempts to
discover if he had fathered a minor or made sufficient attempts 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. 1. Consent to adoption is not required from a parent who
fails to establish and/or maintain a substantial and positive
relationship with a minor 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.
2. In any case where a parent of a minor claims that , prior to
the receipt of notice o f the hearing provided for in Sections 7505 -
2.1 and 7505-4.1 of this title, such parent had been denied the
opportunity to establish and/or maintain a substantial and positive
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relationship with the minor by the custodian of the minor, such
parent shall prove to the satisfaction of the court that he or she
has taken sufficient legal action to establish and/or maintain a
substantial and positive relationship with the minor prior to the
receipt of such notice.
3. For purposes of this subsection, "fails to establish and/or
maintain a substantial and positive relationship " means the parent:
a. has not maintained frequent and regular contact with
the minor through frequent and regular visitation or
frequent and regular communication to or with the
minor, or
b. has not exercised parental rights and
responsibilities.
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 843.5, 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 c ourt 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
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2. Physically or sexually abused the minor or a sibling of such
minor or failed to protect the minor or a sibling of such m inor 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 requi red 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 du ration 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 si blings 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:
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1. A parent who has a m ental 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 respons ibilities;
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 comp etent 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 t o 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:
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1. An individual who has permanently relinquished parental
rights and responsibilities to 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 pet ition 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.
P. Consent to adoption is not required from a parent when the
court makes a finding, by clear and convincing evidence, that the
child was conceived as a result of rape perpetrated by the parent
whose consent is at issue.
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SECTION 2. This act shall become effective November 1, 2021 .
58-1-6391 CMA 12/14/20