1. A.

   1. 1. Prior to the hearing on the application to terminate the rights of a parent or putative father filed pursuant to Section 7006-1.1 of this title, notice of the hearing on the application and a copy of the application shall be served upon the parent or putative father who is the subject of the application in the same manner as summons is served in civil cases, not less than fifteen (15) calendar days prior to the hearing.
   2. 2. The notice shall contain the name of the parent, putative father, or, if the father is unknown, the name of the child, the date of birth of the child, the date of the hearing, and the ground or grounds for which application for termination of parental rights is sought. The notice shall apprise the parent or putative father of the parent's legal rights and shall include a clear statement that failure to appear at the hearing shall constitute a denial of interest in the child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in the granting of the application for the termination of the parent's or putative father's parental rights and in the child's adoption.

   3. 3.

      1. a. If the identity or whereabouts of a parent or putative father are unknown, the court must determine whether the parent or putative father can be identified or located. Following an inquiry pursuant to subsection B of this section, if the court finds that the identity or whereabouts of the parent or putative father cannot be ascertained, and this fact is attested to by affidavit of the other parent, legal guardian or custodian of the child, it shall order that notice be given by publication and, if the identity is known, that a copy be mailed to the last-known address of the parent or putative father.

      2. b.

         1. (1) If, in an inquiry pursuant to this section, the woman who gave birth to the child fails to disclose the identity of a possible father or reveal his whereabouts, she must be advised that a subsequent proceeding for adoption may be delayed or subject to challenge if a possible father is not given notice of the proceeding and that the lack of information about the father's medical and genetic history may be detrimental to the child.
         2. (2) In addition, the willful and deliberate falsification of the sworn affidavit by the parent shall be deemed perjury and shall, upon conviction thereof, be punishable as otherwise provided by law.
      3. c. The notice shall be published once pursuant to the laws relating to the service of notice by publication in the county in which the action to terminate parental rights is brought, and the hearing shall not be held for at least fifteen (15) calendar days after the date of publication of the notice. When notice is given by publication, an order terminating parental rights shall not become final for a period of fifteen (15) calendar days from the date of the order.
   4. 4. A parent or putative father may waive such person's right to notice pursuant to this section. The waiver, signed by the parent or putative father, shall include a statement affirming that the person signing the waiver understands that the waiver shall constitute grounds for the termination of the parental rights of the parent or putative father. A putative father may waive his right to notice.

2. B.

   1. 1. If , at any time in a proceeding for termination of a relationship of parent and child, the court finds that a parent, an unknown father or putative father of the child may not have received notice, the court shall determine whether he or she can be identified and his or her whereabouts ascertained. The determination must be based on evidence that includes inquiry of appropriate persons in an effort to determine the whereabouts of the parent or identity of an unknown father or putative father for the purpose of providing notice.

   2. 2. The inquiry required by this subsection must include whether:

      1. a. the woman who gave birth to the child was married at the probable time of conception of the child, or at a later time,
      2. b. the woman was cohabitating with a man at the probable time of conception of the child,
      3. c. the woman has received payments or promises of support, other than from a governmental agency, with respect to the child or because of her pregnancy,
      4. d. the woman has named any individual as the father on the birth certificate of the child or in connection with an application for or receipt of public assistance, and
      5. e. any individual has formally or informally acknowledged or claimed paternity of the child in a jurisdiction in which the woman resided during or since her pregnancy, or in which the child has resided or resides, at the time of the inquiry.
   3. 3. If inquiry pursuant to the provisions of this subsection identifies as the father or putative father of the child an individual who has not received notice of the proceeding, the court shall require notice to be served upon him pursuant to the provisions of A of this section.
3. C. When notice is given by publication pursuant to the provisions of this section, the order terminating parental rights shall contain language in compliance with the requirements of Oklahoma District Court Rule 16.

Laws 1968, SB 446, c. 282, § 131, eff. January 13, 1969; Amended by Laws 1977, HB 1121, c. 259, § 18, eff. October 1, 1977; Amended by Laws 1978, HB 1774, c. 227, § 1; Amended by Laws 1985, HB 1308, c. 337, § 3, eff. February 1, 1986; Amended by Laws 1986, HB 1291, c. 263, § 7, emerg. eff. July 1, 1986; Amended by Laws 1995, HB 1978, c. 352, § 66, emerg. eff. July 1, 1995; Renumbered from 10 O.S. § 1131 by Laws 1995, HB 1978, c. 352, § 199, emerg. eff. July 1, 1995; Amended by Laws 1998, SB 1224, c. 421, § 30, emerg. eff. June 11, 1998 (superseded document available).