2014 Oklahoma Statutes
Title 10. Children
§10-7506-1.1. Paternity registry.

10 OK Stat § 10-7506-1.1 (2014) What's This?

A. The Department of Human Services shall establish a centralized paternity registry. The purpose of the registry is to:

1. Protect the parental rights of a putative father who may wish to affirmatively assume responsibility for children he may have fathered; and

2. Expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their children by registering with the registry or otherwise acknowledging their children.

B. The father or putative father of a child born out of wedlock may file:

1. A notice of desire to receive notification of an adoption proceeding concerning the minor pursuant to Section 7503-3.1 of this title;

2. A notice of intent to claim paternity of the child pursuant to this section or Section 7503-3.1 of this title;

3. An instrument acknowledging paternity of the child as provided in Section 7503-3.1 of this title, or this section, and Section 1-311.3 of Title 63 of the Oklahoma Statutes;

4. A waiver of interest pursuant to Section 7503-3.1 of this title; or

5. Any other claim for acknowledging or denial of paternity authorized by law.

C. The paternity registry shall also be available to any person who:

1. Has been adjudicated by a court of another state or territory of the United States to be the father of a minor by filing a certified copy of the court order with the registry; or

2. Has been adjudicated by a court of this state to be the father of a minor born out of wedlock.

D. The Department shall maintain the following information in the registry:

1. The putative father's:

a.name,

b.address at which the putative father may be served with notice of an adoption,

c.Social Security number,

d.date of birth, and

e.tribal affiliation, if any;

2. The mother's:

a.name, including all other names known to the putative father that the mother uses, and

b.address, Social Security number, and date of birth, if known;

3. The minor's name, date and place of birth, if known, or the probable month and year of the expected birth of the minor;

4. The date that the Department receives a putative father's registration;

5. The:

a.name of an attorney or child-placing agency that requests the Department to search the registry to determine whether a putative father is registered in relation to a mother whose minor is or may be the subject of an adoption, and

b.date that the attorney or agency submits a request as provided under this paragraph;

6. If the registration is based upon an adjudication by a court of this or any other state, the case number, court, date of order, judgment or decree, and a copy of the decree; and

7. Any other information that the Department determines is necessary to access the information in the registry.

E. The Department shall store the registry's data in a manner so that the data is accessible under the following:

1. The putative father's name;

2. The mother's name; and

3. The minor's name, if known.

F. A putative father who registers under this section shall provide to the Department:

1. The putative father's:

a.name,

b.address at which the putative father may be served with notice of an adoption,

c.Social Security number,

d.date of birth, and

e.tribal affiliation, if any;

2. The mother's name, including all other names known to the putative father that the mother uses;

3. If the registration is based upon an adjudication by a court of this or any other state, the case number, court, date of order, judgment or decree, and a copy of the decree; and

4. Any other information described under subsection D of this section that is known to the putative father.

G. 1. A person filing a notice of desire to receive notification of an adoption proceeding concerning the minor, a notice of intent to claim paternity of a minor or an acknowledgment of paternity shall include therein his current address and shall notify the registry of any change of address pursuant to procedures prescribed by rules of the Department.

2. If a putative father does not have an address where the putative father is able to receive notice of an adoption, the putative father may designate another person as an agent for the purpose of receiving notice of adoption. The putative father must provide the Department with the agent's name and the address at which the agent may be served.

3. Service of notice upon the agent constitutes service of notice upon the putative father. If the agent cannot be served at the address provided by the putative father, as provided in this subsection, and if the putative father cannot be served because his whereabouts are unknown, the putative father can be served by publication pursuant to paragraph 3 of subsection B of Section 7505-2.1 or paragraph 3 of subsection C of Section 7505-4.1 of this title.

H. An unrevoked notice of intent to claim paternity of a minor or an instrument acknowledging paternity may be introduced in evidence by any party in any proceeding in which such fact may be relevant.

I. The Department, upon request, shall provide the names and addresses of persons listed with the registry to any court or authorized agency, and such other persons deemed necessary to receive such information by the Department. The information shall not be divulged to any other person except upon order of a court for good cause shown.

J. The Department shall:

1. Provide the forms necessary for filing with the paternity registry established by this section and shall make said forms available to any father or putative father of a minor born out of wedlock who wishes to file with the registry; and

2. Provide, from any available funds, for the publication and statewide distribution to the public of information as to the existence of the paternity registry, the procedures for entry into the registry, and the consequences of failure to register.

Added by Laws 1985, c. 337, § 6, eff. Feb. 1, 1986. Amended by Laws 1997, c. 366, § 41, eff. Nov. 1, 1997. Renumbered from § 55.1 of this title by Laws 1997, c. 366, § 58, eff. Nov. 1, 1997. Amended by Laws 1998, c. 415, § 32, emerg. eff. June 11, 1998.

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