Adoption Consent Form

ADOPTION CONSENT FORM

Oklahoma – Court-Ready Template

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (N/A)
8. Dispute Resolution
9. General Provisions
10. Execution & Notarization Block

1. DOCUMENT HEADER

ADOPTION CONSENT AND RELINQUISHMENT OF PARENTAL RIGHTS
Effective Date: [DATE OF LAST SIGNATURE]
Governing Law: Oklahoma Adoption Code, Okla. Stat. tit. 10A, Article IV (the “Adoption Code”)
Forum: Exclusive jurisdiction in the District Court of [COUNTY], State of Oklahoma, Juvenile Division (the “Family Court”)

This Adoption Consent and Relinquishment of Parental Rights (this “Consent”) is executed by:

• [LEGAL NAME OF CONSENTING PARENT], residing at [ADDRESS] (“Consenter”); and
• [OPTIONAL – SECOND CONSENTING PARENT], residing at [ADDRESS] (“Second Consenter” and, together with Consenter, “Parents”);

in favor of:

• [LEGAL NAME(S) OF PROSPECTIVE ADOPTIVE PARENT(S)], residing at [ADDRESS] (the “Adoptive Parent(s)”).

Recitals:

A. The minor child, [CHILD’S FULL LEGAL NAME], born on [DOB] in [CITY/COUNTY], Oklahoma (the “Child”), is subject to the jurisdiction of the State of Oklahoma.
B. Parents desire voluntarily to relinquish all parental rights to, and to consent to the adoption of, the Child by the Adoptive Parent(s) in accordance with the Adoption Code.
C. Consideration for this Consent is the opportunity for permanent placement of the Child in a stable adoptive home and other good and valuable consideration, the receipt and sufficiency of which are acknowledged.

2. DEFINITIONS

As used herein, capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Adoption Proceeding” means the case to be filed in the Family Court for the finalization of the adoption of the Child.

“Counseling Requirement” means the statutory pre-execution counseling required for Parents under Okla. Stat. tit. 10A, § 7503-2.1(B)(2) [confirm citation], or any successor statute.

“Effective Date” has the meaning set forth in the Document Header.

“Revocation Period” means the statutory period during which this Consent may be withdrawn pursuant to Okla. Stat. tit. 10A, § 7503-2.7, presently:
 (a) fifteen (15) calendar days for an adult Consenter; or
 (b) thirty (30) calendar days for a minor Consenter.

3. OPERATIVE PROVISIONS

3.1 Grant of Consent. Subject to Section 3.3, Parents hereby irrevocably consent to the adoption of the Child by the Adoptive Parent(s) and relinquish all parental rights (legal and physical custody, visitation, and decision-making) effective upon the later of (i) expiration of the Revocation Period without withdrawal, or (ii) entry of a final decree of adoption.

3.2 Timing Certification.
(a) Consenter affirms that this Consent is executed after the birth of the Child and not earlier than the statutorily permissible time under Okla. Stat. tit. 10A, § 7503-2.1(A).
(b) [If applicable] The putative father’s consent, executed pre-birth, complies with § 7503-2.1(C).

3.3 Counseling Acknowledgment. Consenter acknowledges having (i) received the Counseling Requirement from a licensed professional, (ii) been advised of the legal effects of this Consent, including the Revocation Period, and (iii) been informed of alternative options, including parenting and temporary guardianship.

3.4 Revocation Rights and Procedure.
(a) Parents may withdraw this Consent only by delivering a written, notarized revocation to the Court Clerk of the Family Court within the Revocation Period, with copies to the Adoptive Parent(s) and any licensed placement agency involved.
(b) After the Revocation Period, withdrawal is permissible solely upon a judicial finding of fraud or duress pursuant to § 7503-2.7(D).

3.5 Release. Subject to Section 3.4, Parents forever release the Child to the custody of the Adoptive Parent(s) and waive all notice of future proceedings concerning the Child (except as otherwise mandated by law).

3.6 Conditions Subsequent. This Consent is conditioned upon (i) judicial approval, and (ii) entry of a final adoption decree. If either fails, all rights revert to Parents, absent further court order.

4. REPRESENTATIONS & WARRANTIES

Parents jointly and severally represent and warrant that:

4.1 Legal Capacity. Each Parent is of sound mind, not under the influence of coercion, duress, or substances impairing judgment, and, if a minor, is executing this Consent with statutory counseling and court approval.

4.2 Sole Parental Rights. No other individual has established or is asserting parental rights to the Child, except as disclosed in Schedule A attached hereto.

4.3 No Litigation. There is no pending litigation affecting custody of the Child, except as identified in Schedule B.

4.4 Accuracy of Information. All information provided to the Adoptive Parent(s), agency, and Court is true, complete, and not misleading.

4.5 Survival. The representations and warranties in this Article 4 survive execution and remain enforceable except to the extent superseded by a final adoption decree.

5. COVENANTS & RESTRICTIONS

5.1 Cooperation. Parents shall execute any additional documents and attend any hearings reasonably required to consummate the Adoption Proceeding.

5.2 Non-Interference. After expiration of the Revocation Period, Parents shall not interfere with the Child’s placement or contest the Adoption Proceeding, except as permitted by law.

5.3 Confidentiality. Parents shall maintain confidentiality of all identifying information of the Adoptive Parent(s) unless disclosure is compelled by law or agreed in writing.

6. DEFAULT & REMEDIES

6.1 Events of Default. An “Event of Default” occurs if a Parent:
(a) Revokes this Consent after the Revocation Period in violation of law;
(b) Breaches any covenant in Article 5; or
(c) Makes a material misrepresentation in Article 4.

6.2 Remedies. Upon an Event of Default, the Adoptive Parent(s) (or placement agency) may seek:
(a) Specific performance or injunctive relief to enforce this Consent;
(b) Recovery of court costs and reasonable attorney fees incurred in enforcing this Consent pursuant to Okla. Stat. tit. 12, § 936 (if applicable); and
(c) Any other relief available at law or in equity.

6.3 Cumulative Remedies. All remedies are cumulative and non-exclusive.

7. RISK ALLOCATION

8. DISPUTE RESOLUTION

8.1 Governing Law. This Consent is governed by the Adoption Code and other applicable laws of the State of Oklahoma, without regard to conflict-of-laws principles.

8.2 Forum Selection. The Family Court has exclusive jurisdiction over all matters arising under or relating to this Consent.

8.3 Arbitration. Arbitration is not available for adoption matters under Oklahoma law; all disputes shall be resolved in the Family Court.

8.4 Jury Waiver. Jury trial is unavailable in Family Court adoption proceedings; any right thereto is expressly waived.

8.5 Injunctive Relief. Nothing herein limits the Court’s authority to enter orders necessary for the Child’s permanent placement and best interests.

9. GENERAL PROVISIONS

9.1 Amendments. No amendment to this Consent is valid unless in a writing signed by all Parties and approved by the Family Court.

9.2 Assignment. Parents may not assign or delegate any rights or duties hereunder. The Adoptive Parent(s) may assign this Consent only to a licensed placement agency as directed by the Court.

9.3 Severability. If any provision is held invalid, the remaining provisions shall be enforced to the fullest extent permitted by law, and the Court may reform any invalid provision to effectuate the Parties’ intent.

9.4 Integration. This Consent constitutes the entire agreement of the Parties concerning the subject matter and supersedes all prior or contemporaneous agreements, representations, or understandings, oral or written.

9.5 Counterparts; Electronic Signatures. This Consent may be executed in multiple counterparts, each of which is deemed an original and all of which constitute one instrument. Facsimile, PDF, and electronic signatures are binding to the fullest extent permitted by 12A O.S. § 15-101 et seq. (UETA).

10. EXECUTION & NOTARIZATION BLOCK

IN WITNESS WHEREOF, the undersigned have executed this Consent as of the Effective Date.

A. Consenting Parent(s)

_____________________________________
[NAME OF CONSENTING PARENT] – Consenter

Date Signed: _________________________

_____________________________________
[NAME OF SECOND CONSENTING PARENT] – Second Consenter (if applicable)

Date Signed: _________________________

B. Acknowledgment by Licensed Counselor

I, __________________________________, a licensed [PROFESSION] in the State of Oklahoma, hereby certify that I provided the Counseling Requirement to the Consenter(s) on ________________________.

Signature: _____________________________
License No.: ___________________________
Date: __________________________________

C. Notary Public

State of Oklahoma )
County of ______________ ) ss.

On this ____ day of _________________, 20____, before me, __________________________, a Notary Public in and for said County and State, personally appeared the above-named Consenter(s), known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the foregoing instrument, and acknowledged that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.

_____________________________________
Notary Public

My Commission Expires: _______________
Commission No.: ______________________

D. Acceptance by Adoptive Parent(s) (Optional)

The undersigned Adoptive Parent(s) acknowledge receipt of this Consent and agree to its terms to the extent applicable.

_____________________________________
[ADOPTIVE PARENT]

Date: ________________________________

_____________________________________
[ADOPTIVE PARENT]

Date: ________________________________