2014 Oklahoma Statutes
Title 10. Children
§10-7503-2.7. Setting aside permanent relinquishment or consent to adoption.

10 OK Stat § 10-7503-2.7 (2014) What's This?

A. Except as otherwise provided in subsection B of this section and in Section 7503-2.6 of this title, a permanent relinquishment or consent to adoption executed pursuant to the Oklahoma Adoption Code shall be irrevocable.

B. The court shall set aside a permanent relinquishment or consent to adoption or vacate an order terminating parental rights based upon the execution of a permanent relinquishment only if it would be in the best interests of the minor and if the individual who executed the permanent relinquishment or consent establishes:

1. By a preponderance of the evidence that without good cause shown, a petition to adopt was not filed within nine (9) months after the minor was placed for adoption;

2. By a preponderance of the evidence, that another consent or permanent relinquishment was not executed or that a court decided not to terminate another individual's parental relationship to the minor; or

3. By clear and convincing evidence, before a decree of adoption is issued, or within three (3) months of the discovery of the fraud, whichever is later, that the consent was obtained by fraud or duress.

C. Notice of the motion to set aside the consent or permanent relinquishment and hearing on the motion shall be provided to:

1. The person who filed for adoption of the minor;

2. The Department of Human Services or any child-placing agency participating in the adoption; and

3. To any person or agency in whose favor the consent was given.

D. The court shall provide an opportunity to be heard to the person who has filed for adoption and to any agency participating in the adoption as to why the withdrawal of consent would not be in the best interest of the minor.

E. The court may enter such orders as justice requires regarding the costs and legal fees of the person who filed for adoption, the agency, the Department and the person seeking that the consent or permanent relinquishment be set aside.

Added by Laws 1957, p. 24, § 10. Amended by Laws 1973, c. 157, § 1, emerg. eff. May 14, 1973; Laws 1990, c. 65, § 1, operative July 1, 1990; Laws 1997, c. 366, § 15, eff. Nov. 1, 1997. Renumbered from § 60.10 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 13, emerg. eff. June 11, 1998.

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