Okla. Admin. Code § 340:75-15-93 - Centralized Paternity Registry
The Oklahoma Department of Human Services (OKDHS) is required by Section 7506-1.1 of Title 10 of the Oklahoma Statutes to maintain a Centralized Paternity Registry (CPR) to protect the parental rights of an alleged or presumed father who may wish to affirmatively assume responsibility for a child(ren) he may have fathered. It is also maintained to expedite adoptions of children whose biological fathers are unwilling to assume responsibility for their children by registering with the CPR or otherwise acknowledging their children.
(1)
Notice of Plan for Adoption per
Section 7503-3. 1 of Title 10 of the Oklahoma Statutes. Form 04AN018E,
Notice of Plan for Adoption, may be used by OKDHS, a licensed child-placing
agency, or attorney to notify an alleged or presumed father of a child born out
of wedlock that the birth mother is considering adoptive placement for the
child. The notice may be served personally or sent by certified mail, before or
after the birth of the child. Whether personally served or sent by certified
mail, the notice may not be delivered to, or signed for, by anyone other than
the alleged or presumed father.
(A) The notice
must include:
(i) the identity of the
mother;
(ii) a statement that the
mother is pregnant and the estimated date of birth;
(iii) that the notified person may be the
father of the child; and
(iv) that
a plan for the adoption of the child is being considered by the
mother.
(B) The notice
must include Form 04AN019E, Form Enclosed with Notice of Plan for Adoption, to
be completed and signed by the alleged or presumed father indicating his
acknowledgment or denial of paternity of the child.
(C) The notice must also inform the alleged
or presumed father that failure to file Form 04AN019E within 30 calendar days
of service constitutes waiver of right to receive further notice of adoption
proceedings or proceedings to terminate parental rights and a denial of
interest in the minor child can result in termination of parental rights and
adoption without his consent. If Form 04AN019E is returned to OKDHS, the
attorney, or child-placing agency within 30 calendar days, indicating the
alleged or presumed father's interest in the child, he has a right to notice of
any adoption or termination of parental rights proceedings regarding the child.
The return of the form within 30 calendar days is the only action by which the
alleged or presumed father retains the right to notice of any adoption or
termination of parental rights proceedings regarding the child.
(i) Filing Form 04AN019E alone does not
establish parental rights or constitute the bearing of parental
responsibilities.
(ii) Filing or
failing to file the form does not affect the duty of the alleged or presumed
father to support the mother and child during the pregnancy or after the
child's birth.
(iii) If a petition
to adopt the child is not filed within 12 months of the placement of the child
for adoption, failure to mail Form 04AN019E does not affect the alleged or
presumed father's parental rights and responsibilities.
(iv) Failure to give such notice is not
grounds available to the alleged or presumed father to establish that he was
denied knowledge of the pregnancy.
(v) Receipt by the alleged or presumed father
of Form 04AN018E, Notice of Plan for Adoption, or return by the alleged or
presumed father of Form 04AN019E does not obligate the mother to place the
child for adoption.
(D)
If Form 04AN019E is not received by CPR within 30 calendar days from the date
Form 04AN018E is served, it constitutes waiver of the alleged or presumed
father's right to receive further notice of any adoption or termination of
parental rights proceedings regarding the child, and further constitutes a
denial of interest in the minor which shall result in a termination of parental
rights and approval for adoption without his consent.
(2)
Notice of filing of paternity
action by alleged or presumed father. Per Section
7503-3.2
of Title 10 of the Oklahoma Statues, if an alleged or presumed father files a
paternity action after receiving notice of or having knowledge of a potential
adoption from OKDHS, an attorney, or child-placing agency, he notifies the
attorney for the petitioner for adoption, OKDHS, or the child-placing agency
that the paternity action has been filed.
(A)
This notice includes:
(i) the name of the
court;
(ii) the case number;
and
(iii) the date of
filing.
(B) If the name
or location of the attorney for the petitioner for adoption or the
child-placing agency placing the child for adoption cannot be ascertained by
the alleged or presumed father, the alleged or presumed father notifies the
petitioner for adoption. If the petitioner for adoption is also unknown to the
alleged or presumed father, the alleged or presumed father notifies CPR of
OKDHS.
(C) Upon a motion of the
prospective adoptive parent, the court having jurisdiction over the paternity
action, if it is filed in Oklahoma, allows the prospective adoptive parent to
intervene in the paternity action and have the opportunity to be heard and seek
custody or visitation. If a proceeding for adoption or for termination of
parental rights of the alleged or presumed father and a paternity action by the
alleged or presumed father regarding the same minor are both pending in the
courts of this state, upon motion of any party, the court having jurisdiction
over the paternity action transfers the paternity proceeding to the court in
which the adoption or termination proceeding is pending, whereupon the two
proceedings may be considered.
(3)
Alleged or presumed father per
Sections 7506-1. 1 through 7506-1.2 of Title 10 of the Oklahoma
Statutes. CPR protects the parental rights of an alleged or presumed
father who may wish to affirmatively assume responsibility for a child(ren) he
may have fathered.
(A) The father or alleged
or presumed father of a child born out of wedlock may file Form 04AN016E,
Centralized Paternity Registry, indicating:
(i) a notice of desire to receive
notification of an adoption proceeding concerning the child he has
fathered;
(ii) a notice of intent
to claim paternity of the child he has fathered;
(iii) an instrument acknowledging paternity
of the child he has fathered;
(iv)
a waiver of interest concerning the child he has fathered; or
(v) any other claim for acknowledging or
denial of paternity as authorized by law.
(B) The CPR is also available to any person
who:
(i) has been adjudicated by a court of
another state or territory of the United States to be the father of a child by
filing a certified copy of the court order with the CPR; or
(ii) has been adjudicated by a court of
Oklahoma to be the father of a child born out of wedlock.
(C) A person filing a notice of desire to
receive notification of an adoption proceeding concerning the child, a notice
of intent to claim paternity of a child, or an acknowledgment of paternity
provides his current address and notifies the CPR of any change of address. If
the alleged or presumed father does not have an address where he is able to
receive notice of an adoption, the alleged or presumed father may designate
another person as an agent for the purpose of receiving notice of adoption. The
alleged or presumed father must provide OKDHS with the agent's name and the
address at which the agent may be served. Service of notice upon the agent
constitutes service of notice upon the alleged or presumed father. If the agent
cannot be served at the address provided by the alleged or presumed father, as
provided in this subparagraph, and if the alleged or presumed father cannot be
served because his whereabouts are unknown, the alleged or presumed father may
be served by publication.
(D) An
unrevoked notice of intent to claim paternity of a child or an instrument
acknowledging paternity may be introduced in evidence in any proceeding in
which it may be relevant.
(E) An
alleged or presumed father may waive his right to notice of termination of
parental rights proceeding on Form 04AN019E filed with the CPR or by failing to
register with the CPR after receiving a Notice of Plan for Adoption.
(F) An alleged or presumed father may waive
his right to notice of adoption proceedings by waiving notice on a form filed
with the CPR or by failing to register with the Paternity Registry after
receiving Form 04AN018E.
(G) OKDHS,
upon request, provides the names and addresses of persons listed with the CPR
to any court, authorized agency, or other persons deemed necessary to receive
such information by OKDHS. OKDHS provides CPR information to attorneys or
licensed child-placing agencies upon request. The information is not divulged
to any other person except upon order of a court for good cause
shown.
Notes
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