The Rights of Unmarried Parents - Oklahoma

Date: June 2022

Definitions

Citation: Ann. Stat. Tit. 10A, § 1-1-105; Tit. 10, §§ 7700-102; 7700-201; 7700-202

The term 'putative father' means an alleged father as that term is defined in title 10, § 7700-102.

For purposes of the Uniform Parentage Act, the following terms apply:

  • An 'acknowledged father' is a person who has established a parent-child relationship by signing an acknowledgment of parentage under article 3 of the Uniform Parentage Act.
  • An 'adjudicated father' is a person who has been adjudicated by a court of competent jurisdiction to be the other parent of a child.
  • An 'alleged father' is a person who alleges to be, the genetic parent or possible genetic parent of a child, but whose parentage has not been determined. The term does not include a presumed father.

'Parent-child relationship' means the legal relationship between a child and a parent of the child. The term includes the birth parent-child relationship and the other parent-child relationship. The birth parent-child relationship is established between a person and a child by the person giving birth to the child. The other parent-child relationship is established between a person and a child by any of the following:

  • An unrebutted presumption of the person's parentage of the child under section 8 of the Uniform Parentage Act
  • An effective acknowledgment of parentage by the person unless the acknowledgment has been timely rescinded or successfully challenged
  • An adjudication of the person's parentage

A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other.

Use of Parentage Registries

Citation: Ann. Stat. Tit. 10, § 7506-1.1

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

  • Protect the parental rights of a putative other parent who may wish to affirmatively assume responsibility for children for whom they may be the genetic parent
  • Expedite adoptions of children whose genetic parents are unwilling to assume responsibility for their children by registering with the registry or otherwise acknowledging their children

The other parent or putative other parent of a child born out of wedlock may file the following with the registry:

  • A notice of desire to receive notification of an adoption proceeding concerning the minor
  • A notice of intent to claim parentage of the child
  • An instrument acknowledging parentage of the child
  • A waiver of interest
  • Any other claim for acknowledging or denial of parentage authorized by law

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

Alternate Means to Establish Parentage

Citation: Ann. Stat. Tit. 10, §§ 7700-204; 7700-301; 7700-305; 7700-502; 7700-505

A person is presumed to be the other parent of a child if any of the following applies:

  • The child's parents are married to each other and the child is born during the marriage.
  • The child's parents were married to each other and the child is born within 300 days after the marriage ends.
  • Before the child's birth, the parents married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the marriage or within 300 days after its end.
  • After the child's birth, the parents married each other in apparent compliance with law, the other parent voluntarily asserted parentage of the child, and any of the following applies:
    • The assertion is in a record with the Division of Vital Records.
    • The person agreed to be named as the child's other parent on the child's birth certificate.
    • The person promised to support the child as their own.
  • For the first 2 years of the child's life, the person resided in the same home with the child and openly held out the child as their own.

The birth parent of a child and a person claiming to be the genetic father of the child may sign an acknowledgment of parentage with intent to establish the person's parentage. A valid acknowledgment of parentage signed by both parents is equivalent to an adjudication of parentage of a child and confers upon the acknowledged other parent all the rights and duties of a parent.

In a civil action in which parentage is at issue, the court shall order the child and other designated persons to submit to genetic testing to determine parentage. A person is rebuttably identified as the other parent of a child if the genetic testing complies with this article and the results disclose that the person has at least a 99-percent probability of genetic parentage.

Required Information

Citation: Ann. Stat. Tit. 10, § 7506-1.1

A putative other parent who registers with the registry shall provide the following information to the department:

  • With regard to the putative other parent, the following:
    • Name
    • Address at which they may be served with notice of an adoption
    • Social Security number
    • Date of birth
    • Tribal affiliation if any
  • The birth parent's name, including all other names known to the putative other parent that the birth parent uses
  • 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
  • Any other relevant information that is known to the putative other parent

Revocation of Claim to Parentage

Citation: Ann. Stat. Tit. 10, § 7506-1.2; 7700-307; 7700-308

A putative other parent may revoke a notice of intent to claim parentage at any time by submitting to the registry a signed, notarized statement revoking the notice of intent to claim parentage. If a court determines that the registrant is not the other parent of the child, the court shall order that the department remove the registrant's name from the registry.

A signatory may sign a rescission of acknowledgment of parentage before the earlier of either of the following:

  • Sixty days after the effective date of the acknowledgment
  • The date of the first hearing in a proceeding to which the signatory is a party before a court to adjudicate an issue relating to the child, including a proceeding that establishes support

A signatory who was a minor at the time of execution of the acknowledgment may rescind an acknowledgment of parentage within 60 days after reaching age 18.

After the period for rescission has expired, a signatory of an acknowledgment of parentage may commence a proceeding to challenge the acknowledgment only as follows:

  • Based on duress or material mistake of fact within 2 years after the acknowledgment is executed
  • Based on fraud at any time in accordance with § 7700-607(D)

Access to Information

Citation: Ann. Stat. Tit. 10, §§ 7506-1.1; 7700-313

The department, upon request, shall provide the names and addresses of persons listed with the registry to the following:

  • Any court or authorized agency
  • Such other persons deemed necessary to receive such information

The information shall not be divulged to any other person except upon order of a court for good cause shown.

The Division of Vital Records shall release copies of the acknowledgment of parentage to a signatory of the acknowledgment, to courts, and to the agency designated to administer a statewide plan for child support.

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