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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 248 By: Hamilton
AS INTRODUCED
An Act relating to termination of parental rights;
amending 10 O.S. 2021, Section 7503-2.6, which
relates to extrajudicial co nsent; authorizing
execution of certain extrajudicial consent; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10 O.S. 2021, Section 7503-2.6, is
amended to read as follo ws:
Section 7503-2.6. A. 1. A mother or putative father at least
sixteen (16) years of age, of a minor born out of wedlock who is not
an Indian child, as defined by the Oklahoma Indian Child Welfa re
Act, may execute an extrajudicial consent before a notary public in
which the mother or putative father waives any legal interest in the
minor, disclaims any legal rights with resp ect to the minor, and
consents to the adoption of the minor. An extrajud icial consent may
be executed by a mother or putative father before or after the birth
of the minor.
2. A man who is the legal husband of the mother of a mi nor who
is not an Indian child, as defined by the Oklahoma India n Child
Welfare Act, may execute an extrajudicial consent before a notary
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public in which he waives any legal interest in the minor, disclaims
any legal rights with respect to the minor, and c onsents to the
adoption of the minor. An extrajudicial consent may be executed by
the father only after the birth of the minor.
B. The extrajudicial conse nt shall contain:
1. The date, place, and time of the execution of the consent;
2. The name, current mailing address, teleph one number, date of
birth, and social security number of the mother or putative father
executing the consent;
3. Instructions tha t the consent is revocab le for any reason
for fifteen (15) days after the execution of the consent, the manner
in which it may be revoked, and that thereafter the c onsent is
irrevocable, except upon the specific grounds specified in Section
7503-2.7 of this title;
4. A statement that the mother or putative father is executing
the document voluntarily and is unequivocally c onsenting to the
adoption of the minor, and that the mother or putative father
understands that the consent is final, and except for fra ud or
duress or the other grounds set forth in Section 7503-2.7 of this
title, may not be revoked for any reason more than fif teen (15) days
after execution of the document;
5. A statement that the mother or putative father executing
consent is represente d by counsel or has waived the right to
counsel;
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6. A statement that the mother or putative father understands
that the execution of the extrajudicia l consent does not terminate
any duty of the pers on executing the extrajudicial consent to
support the mother or the minor until the adoption is completed;
7. A statement that the mother or putative father executing the
consent is not a member of an Indian tribe an d that the minor is
not, through her or him, eligible for membership in an Indian tribe;
8. A statement that the mother or putative father believes that
the adoption of the minor is in t he minor’s best interests;
9. A statement that the mother or putative father 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 bir th unless affidavits of
nondisclosure have been filed pursuant to Section 7503-2.5 of this
title and that the consenting mother or putative father may file an
affidavit of nondisclosure;
10. A statement that the mother or putative father has not
received or been promised any money or any thing of value for the
extrajudicial consent, except for payment s authorized by law; and
11. A statement that the mother or putative father is not under
the influence of alcohol or medication or other substance that
affects his competence at the time of the signing of the
extrajudicial consent.
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C. An extrajudicial co nsent shall be revocable for any reason
for fifteen (15) calendar days after the execution of the consent
before the notary public. To For a putative father to revoke the
extrajudicial consent, the consenting person must file a notice of
revocation and an intent to claim paternity, an acknowledgem ent of
paternity, or a notice of his desire to receive notice of adoption
proceedings or proceedings to terminate his parental rights, with
the Paternity Registry of the Department of Human Services pursuant
to Section 7506-1.1 of this title, and must prov ide a copy of this
notice to the birth mother at the time of filing the notice with the
Paternity Registry of the Department of Human Servic es.
D. The execution of an ex trajudicial consent does not
extinguish any duty of the mother or putative father to support the
mother or the minor until the adoption is completed.
E. Where no notice of revocation is filed in the time period
specified in subsection C of this section, the execu tion of the
extrajudicial consent s hall operate as a waiver of the consenting
person’s right to notice and participation in any adoption
proceedings or termination of parental rights proceedings regarding
the minor referenced in the extrajudicial consent.
SECTION 2. This act shall become effective November 1, 2023.
59-1-1359 TEK 1/10/2023 12:07:17 PM