Oklahoma § 10-29.1 - Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997

§ 10-29.1. Repealed by Laws 1997, c. 366, § 60, eff. Nov. 1, 1997

NOTE: In addition to repeal by Laws 1997, c. 366, § 60, this

section was amended by Laws 1997, c. 386, § 16, to read as follows:

A. Whenever the mother of a child born out of wedlock

who has custody of the child executes a relinquishment for

the purpose of adoption pursuant to the provisions of

Section 28 of this title, the person or agency to whom

such relinquishment is made shall file a petition with the

district court of the county in which the relinquishment

was executed for the termination of the parental rights of

the persons entitled to notice pursuant to subsection B of

this section unless such rights have been previously

terminated or relinquished.

B. Persons entitled to notice, pursuant to this

section, shall include:

1. Any person adjudicated by a court in this state to

be the father of the child;

2. Any person who is recorded on the child's birth

certificate as the child's father;

3. Any person who is openly living with the child and

the child's mother at the time the proceeding is initiated

or at the time the child was placed in the care of an

authorized agency, and who is holding himself out to be

the child's father;

4. Any person who has been identified as the child's

father by the mother in a sworn statement;

5. Any person who was married to the child's mother

within ten (10) months prior or subsequent to the birth of

the child; and

6. Any person who has filed with the paternity

registry an instrument acknowledging paternity of the

child, pursuant to Section 55.1 of this title.

C. The court, as necessary, shall order the

Department to provide the person or agency filing the

petition with the name and address of any person on the

Oklahoma Statutes - Title 10. Children

registry established pursuant to Section 55.1 of this

title who must be notified pursuant to the provisions of

this section.

D. Notice and hearing pursuant to this section shall

comply with the provisions of Section 7006-1.2 of this

title. The notice shall also apprise such person of his

legal rights and shall include a clear statement that

failure to appear at the hearing shall constitute a denial

of interest in the child which denial may result, without

further notice of this proceeding or any subsequent

proceeding, in the termination of his parental rights and

the transfer of the child's care, custody or guardianship

or in the child's adoption.

E. A person may waive their right to notice under

this section. The waiver, signed by such person, shall

include a statement affirming that the person signing the

waiver understands that the waiver shall constitute

grounds for the termination of the parental rights of such

person pursuant to the provisions of this section and

Section 60.6 of this title.

F. 1. At the hearing the court may, if it is in the

best interest of the child:

a.

accept a relinquishment or consent to

adoption executed by the father or putative

father of the child, or

b.

determine that the consent of the father or

putative father to the adoption of the child

is not required and may terminate any

parental rights which the father or putative

father may have, or

c.

terminate the parental rights of the father

or putative father, pursuant to the

provisions of this section or Section 70061.1 of this title, or

d.

grant custody of the child to the father or

putative father, if the court determines the

person to be the father of the child.

2. The court shall terminate the rights of a father

or putative father if he fails to appear at the hearing or

has waived notice under this section.

G. No order of the court shall be vacated, annulled,

or reversed upon the application of any person who was

properly served with notice in accordance with this

section but failed to appear or who waived notice pursuant

to subsection E of this section.

H. An appeal may be taken from any final order,

judgment, or decree rendered pursuant to this section to

Oklahoma Statutes - Title 10. Children

the Supreme Court by any person aggrieved thereby, in the

manner provided for appeals from the court as provided in

this subsection.

1. All appeals of cases concerning the relinquishment

of a child or the termination of parental rights pursuant

to this section shall be initiated by filing a petition in

error in the Supreme Court within thirty (30) days of the

filing of the order, judgment, or decree appealed from.

The record on appeal shall be completed within thirty (30)

days from the filing of the petition in error. Any

response to the petition in error shall be filed within

twenty (20) days from the filing of the petition in error.

2. The briefing schedule is established as follows:

a.

appellant's brief in chief shall be filed

twenty (20) days after the trial court clerk

notifies all parties that the record is

complete and such notice has been filed in

the office of the Clerk of the Supreme

Court,

b.

appellee's answer brief shall be filed

fifteen (15) days after the appellant's

brief in chief is filed, and

c.

appellant's reply brief may be filed within

ten (10) days after the appellee's answer

brief is filed.

I. Any appeal when docketed shall have priority over

all cases pending on said docket. Adjudication of the

appeals and in any other proceedings concerning the

relinquishment of the child or the termination of parental

rights pursuant to this section shall be expedited by the

Supreme Court.