Child Adoption Laws
Oregon

We hope to help you learn more about the child adoption laws in the State of Oregon.  Please note that while we have tried to be as current as possible, laws are occasionally rewritten and/or amended; accordingly, the Oregon adoption law provided below may have errors, omissions, or may not be the most current version. Please remember that this information should not be used as the basis for making any legal decision. Please use appropriate resources and an attorney's advice when making legal decisions.

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Adopting Families in Oregon

Oregon Adoption Statute and Law
Title 11: Domestic Relations
Chapter 109: Parent and Child Rights and Relationships
Sections: 304-313 and 425-460

(This page was last updated on (10/10/13.)

109.304 Definitions for ORS 109.305 to 109.410.
As used in ORS 109.305 to 109.410, unless the context requires otherwise:

(1) Home study means an investigation conducted by the Department of Human Services or by an Oregon licensed adoption agency that:

(a) Provides information to a prospective adoptive parent about adoption;

(b) Includes investigation and study by the department or by an Oregon licensed adoption agency concerning a prospective parents suitability to adopt;

(c) Includes a written report concerning the prospective parents suitability to adopt; and

(d) Is completed before the petition for adoption is filed.

(2) Placement report means a written report prepared by the department or by an Oregon licensed adoption agency after the petition for adoption has been filed that includes the departments or the agencys recommendation to the court concerning whether the court should grant the petition for adoption based upon the departments or the agencys evaluation of:

(a) The status and adjustment of the child; and

(b) The status and adjustment of the childs prospective adoptive parent.

(3) Information gathered by the department or by an Oregon licensed adoption agency during the preparation of the placement report may include information concerning the childs social, medical and genetic history and the birth parents history as may be required by ORS 109.312 (Consent to adoption) or 109.342 (Medical history of child and biological parents required). [1993 c.717 §8]

109.305 Interpretation of adoption laws; agreement for continuing contact.
(1) The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state.

(2) An adoptive parent and a birth parent may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents.

(3) If the child is within the jurisdiction of the juvenile court under ORS 419B.100 (Jurisdiction), an adoptive parent and a birth relative may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents. A birth relative that enters into an agreement under this subsection must have established emotional ties creating an ongoing personal relationship, as defined in ORS 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship), with the child. If the child is under one year of age, the ongoing personal relationship between the birth relative and the child must have continued for at least half of the childs life.

(4) If the child is 14 years of age or older, an agreement made under this section may not be entered into without the consent of the child.

(5) As used in this section, birth relative includes a birth parent, grandparent, sibling and other member of the childs birth family.

(6) The court may show approval of an agreement made under this section by incorporating the agreement by reference and indicating the courts approval of the agreement in the adoption judgment.

(7) Failure to comply with the terms of an agreement made under this section is not grounds for setting aside an adoption judgment or revocation of a written consent to an adoption.

(8)(a) An agreement made under this section may be enforced by a civil action. However, before a court may enter an order requiring compliance with the agreement, the court must find that the party seeking enforcement participated, or attempted to participate, in good faith in mediating the dispute giving rise to the action prior to filing the civil action.

(b) The court may modify an agreement made under this section if the court finds that the modification is necessary to serve the best interests of the adopted child, that the party seeking modification participated, or attempted to participate, in good faith in mediation prior to seeking modification of the agreement and that:

(A) The modification is agreed to by all parties to the original agreement; or

(B) Exceptional circumstances have arisen since the parties entered into the agreement that justify modification of the agreement.

(9) The Department of Human Services is not responsible for any costs associated with an agreement described in subsection (3) of this section. [1957 c.710 §15; subsections (2), (3) and (4) of 1993 Edition enacted as 1993 c.401 §1; 2003 c.576 §142; 2007 c.720 §1]

Note: 109.305 (Interpretation of adoption laws) (7) and (8) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

109.307 Court required to act within six months of filing of petition for adoption; duty of clerk.
(1) Not earlier than provided in ORS 109.309 (Petition for adoption) and not later than six months from the date on which the petition for leave to adopt another is filed under ORS 109.309 (Petition for adoption), the court before which the petition is pending shall hold a hearing and shall:

(a) Enter a judgment under ORS 109.350 (Judgment of adoption);

(b) Continue the guardianship or legal custodial status of the child;

(c) Waive the child to a court having jurisdiction under ORS 419B.100 (Jurisdiction) or 419C.005 (Jurisdiction); or

(d) Take such other action as the court considers necessary.

(2) The court before which the petition is pending, on its own motion, may take testimony from or confer with the child to be adopted and may exclude from the conference the parents or guardians of the child, the proposed adoptive parents and other persons if the court finds that such action would be likely to be in the best interests of the child. However, the court shall permit an attorney for each party to attend the conference, and the conference shall be reported.

(3) The clerk of the court before which petitions for leave to adopt another are pending shall periodically notify the court and the Department of Human Services of all such petitions which have been pending before the court for more than six months without final disposition pursuant to subsection (1) of this section.

(4) The clerk of the court before which a petition is filed for leave to adopt a minor child shall provide to the Director of Human Services a copy of the courts order of disposition of the petition. [1965 c.188 §2; 1983 c.369 §3; 1987 c.814 §2; 1993 c.33 §292; 1993 c.546 §117; 2003 c.576 §143]

109.308 Confidentiality of petitioners.
In an adoption proceeding that is contested or in which a summons is required to be served, the court may preserve the confidentiality of the names and addresses of the petitioners for the adoption if the court finds that to do so is in the best interests of the child. [Formerly 109.235; 2005 c.369 §2]

109.309 Petition for adoption; residency requirement; where filed; venue; notice; placement report; fee; rules.
(1) Any person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other persons name. One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.312 (Consent to adoption) (1) must be a resident of this state. As used in this subsection, resident means a person who has resided in this state continuously for a period of six months prior to the date of the petition.

(2) Except as provided in subsection (3) of this section, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 (Short title) to 109.834 (Severability clause).

(3)(a) Notwithstanding ORS 109.741 (Initial child custody jurisdiction) and 109.744 (Exclusive, continuing jurisdiction), a court of this state has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption:

(A) The minor child resided in this state for at least six consecutive months including periods of temporary absence;

(B) One parent or another person, who is not an adoption agency, consenting to the adoption as required under ORS 109.312 (Consent to adoption) (1) resided in this state for at least six consecutive months including periods of temporary absence;

(C) The prospective adoptive parent resided in this state for at least six consecutive months including periods of temporary absence and substantial evidence is available in this state concerning the present or future care of the minor child;

(D) It appears that no court of another state would have jurisdiction under circumstances substantially in accordance with subparagraphs (A) to (C) of this paragraph; or

(E) A court of another state has declined to exercise jurisdiction on the grounds that this state is a more appropriate forum to hear a petition for adoption of the minor child and it is in the best interests of the minor child that a court of this state assume jurisdiction.

(b) As used in paragraph (a) of this subsection, periods of temporary absence means periods of absence of not more than a total of 30 days in the prior six consecutive months.

(4) The petition to adopt a person 18 years of age or older may be filed in the county where the petitioner, the person to be adopted or the person who consents to the adoption resides.

(5) In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located.

(6)(a) When the petition is for the adoption of a minor child, the petitioner shall also file at the time of filing the petition:

(A) A written statement containing the full names and permanent addresses of:

(i) The child;

(ii) The petitioner;

(iii) All persons whose consent to the adoption is required under ORS 109.312 (Consent to adoption) when such names are either known or may be readily ascertained by the petitioner;

(iv) The persons with whom the child has lived during the last five years and the places where the child has lived during that period, if the names and addresses may be readily ascertained by the petitioner;

(v) If known to the petitioner, any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time or visitation with, the child; and

(vi) The Oregon licensed adoption agency, if any, or the relative or person that privately placed the child for adoption.

(B) The documents demonstrating consent under ORS 109.312 (Consent to adoption) to the adoption of the minor child.

(C) Written evidence documenting a current home study that has been approved by either the Department of Human Services or an Oregon licensed adoption agency submitted for the purpose of demonstrating that the petitioner meets the minimum standards for adoptive homes as set forth in the departments administrative rules.

(b) A relative who qualifies under the department administrative rules for a waiver of the departments home study requirements described in paragraph (a)(C) of this subsection may file the request for waiver along with the petition for adoption.

(c) The department, upon request by the petitioner, may waive the home study requirements described in paragraph (a)(C) of this subsection in an adoption in which one of the childs biological or adoptive parents retains parental rights. The department shall waive post-placement reports in an adoption in which one of the childs biological or adoptive parents retains parental rights.

(7)(a) The petitioner shall cause copies of the documents required to be filed with the court under subsection (6) of this section to be served upon the Director of Human Services, by either registered or certified mail with return receipt or personal service, within 30 days after the documents have been filed with the court.

(b) In the case of an adoption described in subsection (6)(c) of this section, the petitioner shall also serve the petition, by either registered or certified mail with return receipt or personal service:

(A) On all persons whose consent to the adoption is required under ORS 109.312 (Consent to adoption) unless the persons written consent is filed with the court; and

(B) On the parents of the party whose parental rights would be terminated, if the names and addresses are known or may be readily ascertained by the petitioner. Service required by this subparagraph may be waived by the court for good cause.

(c) When a parent of the child is deceased or incapacitated, the petitioner shall also serve the petition on the parents of the deceased or incapacitated parent, if the names and addresses are known or may be readily ascertained by the petitioner. Service required by this paragraph may be waived by the court for good cause. As used in this paragraph:

(A) Incapacitated means a condition in which a persons ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person lacks the capacity to meet the essential requirements for the persons physical health or safety.

(B) Meet the essential requirements for the persons physical health or safety means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

(d) The court may not rule upon the petition until at least 90 days after the date that the documents were served upon the director. However, the department may waive the 90-day period.

(8)(a) Within 90 days after the service on the director, the department shall investigate and file for the consideration of the judge before whom the petition for adoption is pending a placement report containing information regarding the status of the child and evidence concerning the suitability of the proposed adoption. The department may designate an Oregon licensed adoption agency to investigate and report to the court. If the department designates an Oregon licensed adoption agency to investigate and report to the court, the department shall make the designation and provide all necessary information and materials to the Oregon licensed adoption agency no later than 30 days after the service on the director. However, the department may waive the placement report requirement.

(b) Upon receipt of a written request by the petitioners attorney, the department shall furnish to that attorney copies of any information that the department has filed with the court.

(c) The department may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study report described in subsection (6)(a)(C) of this section and the placement report described in paragraph (a) of this subsection. The petitioner shall report the fee amount to the court. The court granting the adoption shall make a finding as to whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for investigation, home study and placement report preparation. The department shall prescribe by rule the procedure for computing the investigation, home study and placement report preparation fee. The rules shall provide a waiver of either part or all of the fee based upon the petitioners ability to pay.

(9) The amounts of any fees collected under subsection (8) of this section are continuously appropriated to the department for use in preparing the home study and placement reports required under subsections (6)(a)(C) and (8)(a) of this section.

(10)(a) Except as provided in paragraph (b) of this subsection, a court may not grant a judgment for the adoption of a minor child unless the petitioner has filed with the court the documents described in subsections (6) and (8)(a) of this section.

(b) A person is not required to file a home study or a placement report with the court when the department has granted the person a waiver under department rules.

(11) The adoption shall comply with the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), if applicable. Every adoption petition involving the Indian Child Welfare Act shall include the following:

(a) A statement of the efforts to notify the appropriate Indian tribe or tribes of the adoption; and

(b) A statement of the efforts to comply with the placement preferences of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or the placement preferences of the appropriate Indian tribe. [1993 c.717 §2 (enacted in lieu of 109.310); 1993 c.717 §9; 1995 c.90 §3; 1995 c.730 §2; 1997 c.470 §1; 1999 c.160 §2; 1999 c.649 §52; 2003 c.258 §1; 2003 c.576 §144; 2005 c.475 §1]

109.311 Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising.
(1) Each adoption petition filed pursuant to ORS 109.309 (Petition for adoption) seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs and expenses related to the adoption, including all legal, medical, living and travel expenses. The form of the disclosure statement shall be prescribed by the Department of Human Services after consultation with approved Oregon licensed adoption agencies.

(2) A court may not grant a judgment for an adoption of a minor child in the absence of a placement report by the department or an Oregon licensed adoption agency unless the filing of such report has been waived by the department. A court may not grant a judgment for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioners knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption.

(3) A person may not charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS 412.001 (Definitions) to 412.161 (Policy on two-parent families) and 412.991 (Criminal penalties) and ORS chapter 418 may charge reasonable fees for services provided by them.

(4)(a) It is unlawful for any person to advertise:

(A) A child offered or wanted for adoption; or

(B) That the person is able to place, locate, dispose of or receive a child for adoption.

(b) The provisions of paragraph (a) of this subsection do not apply to:

(A) The department or a licensed Oregon adoption agency or an agent, employee or person with whom the department or adoption agency has a contract authorizing such actions; or

(B) A person who has completed a home study as required by ORS 109.309 (Petition for adoption) (6)(a)(C) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the persons attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The persons attorney must be licensed to practice in Oregon.

(c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorneys availability to provide services related to the adoption of children.

(d) As used in this subsection, unless the context requires otherwise, advertise means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. [1985 c.403 §2 (1) to (3); 1987 c.367 §1; 1993 c.717 §4; 1995 c.730 §3; 2003 c.258 §2; 2003 c.576 §145]

109.312 Consent to adoption.
(1) Except as provided in ORS 109.314 (Consent when custody of child has been awarded in divorce proceedings) to 109.329 (Adoption of person 18 years of age or older or legally married), consent in writing to the adoption under ORS 109.309 (Petition for adoption) of a child shall be given by:

(a) The parents of the child, or the survivor of them.

(b) The guardian of the child, if the child has no living parent.

(c) The next of kin in this state, if the child has no living parent and no guardian.

(d) Some suitable person appointed by the court to act in the proceeding as next friend of the child to give or withhold consent, if the child has no living parent and no guardian or next of kin qualified to consent.

(2)(a) A person who gives consent to adoption under subsection (1) of this section may agree concurrently or subsequently to the giving of such consent that the consent shall be or become irrevocable, and may waive such persons right to a personal appearance in court, by a duly signed and attested certificate. The certificate of irrevocability and waiver shall be in effect when the following are completed:

(A) The child is placed for the purpose of adoption in the physical custody of the person or persons to whom the consent is given;

(B) The person or persons to whom consent for adoption is given have filed a petition to adopt the child in a court of competent jurisdiction;

(C) The court has entered an order appointing the petitioner or some other suitable person as guardian of the child pursuant to ORS 109.335 (Appointment of guardian pending further adoption proceedings);

(D) The Department of Human Services, an Oregon licensed adoption agency or an attorney who is representing the adoptive parents has filed either a department or an Oregon licensed adoption agency home study with the court approving the petitioner or petitioners as potential adoptive parents or the department has notified the court that the filing of such study has been waived;

(E) Information about the childs social, medical and genetic history required in ORS 109.342 (Medical history of child and biological parents required) has been provided to an attorney or the department or an Oregon licensed adoption agency by the person giving consent to the adoption; and

(F) The person signing the certificate of irrevocability and waiver has been given an explanation by an attorney who represents the person and who does not also represent the adoptive family, by the department or by an Oregon licensed adoption agency of the consequences of signing the certificate.

(b) Upon the fulfillment of the conditions in paragraph (a) of this subsection, the consent for adoption may not be revoked unless fraud or duress is proved with respect to any material fact.

(3) Consent to the adoption of a child subject to the Indian Child Welfare Act shall not be valid unless the requirements of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) are met. In accordance with the Indian Child Welfare Act a certificate of irrevocability is not valid for a child who is subject to the Indian Child Welfare Act. [1957 c.710 §2 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 1973 c.823 §106; 1983 c.302 §2; 1985 c.565 §10; 1987 c.814 §1; 1991 c.553 §1; 1993 c.717 §6]

109.313 Application for home study by Oregon resident
(1) The Department of Human Services shall accept and may approve an application for a home study as defined in ORS 109.304 (Definitions for ORS 109.305 to 109.410) that is submitted by an Oregon resident seeking to adopt a child in the custody of:

(a) The department;

(b) A public child welfare agency in another state, following receipt of a request from the agency in the other state under the Interstate Compact for the Placement of Children; or

(c) A public child welfare agency in another country, following receipt of an appropriate request from the agency in the other country.

(2) The department shall also accept and may approve an application for a home study under this section that is submitted by an Oregon resident who is currently or has previously been under study or consideration by another public or private agency for placement of a child for adoption.

(3) An application submitted under this section may be approved if the application meets the requirements of the department as established by rule. [2011 c.120 §1]

Note: 109.313 (Application for home study by Oregon resident) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

109.314 Consent when custody of child has been awarded in divorce proceedings.
(1) If the legal custody of the child has been awarded in marital dissolution proceedings, the written consent of the person to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial parent consents to the adoption, the petitioner, in accordance with ORS 109.330 (Notice to nonconsenting parent), shall serve on the noncustodial parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parents consent, and the objections of the noncustodial parent shall be heard if appearance is made.

(2) This section does not apply when consent is given in loco parentis under ORS 109.316 (Consent by Department of Human Services or approved child-caring agency of this state) or 109.318 (Consent by organization located outside Oregon). [1957 c.710 §3 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 2005 c.369 §4]

109.316 Consent by Department of Human Services or approved child-caring agency of this state.
(1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a child who has been:

(a) Surrendered to it for the purpose of adoption under ORS 418.270 (Surrender of child to private child-caring agency) if compliance is had with the provisions of that section;

(b) Permanently committed to it by order of a court of competent jurisdiction; or

(c) Surrendered to it for the purpose of adoption under ORS 418.270 (Surrender of child to private child-caring agency) by one parent if compliance is had with the provisions of that section and permanently committed to it by a court of competent jurisdiction having jurisdiction of the other parent.

(2) The department may consent to the adoption of a child over whom the department has been made guardian under ORS chapter 125.

(3) When consent is given under this section, no other consent is required.

(4) When consent is given under this section, there shall be filed in the adoption proceeding:

(a) A certified copy of an order of a court of competent jurisdiction formally and permanently assigning the guardianship of the child to the department or the child-caring agency, or a copy of the surrender of the child from its parent or parents or guardian, or both, as the case may be; and

(b) Written formal consent by the department or the child-caring agency, as the case may be, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. The consent of the department or the child-caring agency to the proposed adoption may be given by one of its officers, executives or employees who has been authorized or designated by it for that purpose. [1957 c.710 §4 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 1971 c.401 §5; 1987 c.466 §3; 1995 c.664 §82; 2005 c.22 §86]

109.318 Consent by organization located outside Oregon.
(1) An agency or other organization, public or private, located entirely outside of this state, or an authorized officer or executive thereof, acting in loco parentis, may consent to the adoption of a child under the custody, control or guardianship of such agency or organization or officer or executive thereof, if such agency or organization or officer or executive thereof is licensed or otherwise has authority in the jurisdiction in which such agency or other organization is located to consent to adoptions in loco parentis. When consent is given under this section, no other consent is required. The license or other authority to consent to adoption in loco parentis shall be conclusively presumed upon the filing with the court of a duly certified statement from an appropriate governmental agency of such other state that such agency or organization or officer or executive is licensed or otherwise has authority in such state to consent to adoptions in loco parentis.

(2) When consent is given under this section, there shall be filed in the adoption proceeding:

(a) A certified copy of the court order, or the written authorization from the parent, parents or other person, or both a court order and such written authorization, as the case may be, that enables consent to be given in loco parentis under the law of such other jurisdiction; and

(b) Written formal consent by the agency or other organization, or the officer or executive thereof, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. [1957 c.710 §5 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 1973 c.823 §107; 2005 c.22 §87]

109.322 Consent when parent mentally ill, mentally deficient or imprisoned.
(1) If a parent has been adjudged mentally ill or mentally retarded and remains so at the time of the adoption proceedings, or if a parent is imprisoned in a state or federal prison under a sentence for a term of not less than three years and has actually served three years, the petitioner, in accordance with ORS 109.330 (Notice to nonconsenting parent), shall serve on the parent, if the parent has not consented in writing to the adoption, a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parents consent.

(2) In the case of a parent adjudged mentally ill or mentally retarded, the petitioner shall also serve the summons and the motion and order to show cause upon the guardian of the parent. If the parent has no guardian, the court shall appoint a guardian ad litem to appear for the parent in the adoption proceedings.

(3) Upon hearing, if the court finds that the adoption is in the best interests of the child, the consent of the parent who is imprisoned or adjudged mentally ill or mentally retarded is not required, and the court may proceed regardless of the objection of the parent.

(4) This section does not apply when consent is given in loco parentis under ORS 109.316 (Consent by Department of Human Services or approved child-caring agency of this state) or 109.318 (Consent by organization located outside Oregon). [1957 c.710 §6 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 1975 c.711 §1; 2003 c.576 §146; 2005 c.369 §5; 2007 c.70 §22]

109.324 Consent when parent has deserted or neglected child.
(1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330 (Notice to nonconsenting parent), shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parents consent.

(2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (Notice to nonconsenting parent) (3), if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parents consent is not required, the court may proceed regardless of the objection of the parent.

(3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may:

(a) Disregard incidental visitations, communications and contributions; and

(b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.

(4) This section does not apply when consent is given in loco parentis under ORS 109.316 (Consent by Department of Human Services or approved child-caring agency of this state) or 109.318 (Consent by organization located outside Oregon). [1957 c.710 §7 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 2003 c.576 §147; 2003 c.579 §1; 2005 c.369 §6]

109.326 Consent when husband not father.
(1) If the mother of a child was married at the time of the conception or birth of the child, and it has been determined pursuant to ORS 109.070 (Establishing paternity) or judicially determined that her husband at such time or times was not the father of the child, the husbands authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child.

(2) If paternity of the child has not been determined, a determination of nonpaternity may be made by any court having adoption, divorce or juvenile court jurisdiction. The testimony or affidavit of the mother or the husband or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination.

(3) Before making the determination of nonpaternity, the petitioner shall serve on the husband a summons and a true copy of a motion and order to show cause why a judgment of nonpaternity should not be entered if:

(a) There has been a determination by any court of competent jurisdiction that the husband is the father of the child;

(b) The child resided with the husband at any time since the childs birth; or

(c) The husband repeatedly has contributed or tried to contribute to the support of the child.

(4) When the petitioner is required to serve the husband with a summons and a motion and order to show cause under subsection (3) of this section, service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (6) of this section. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents.

(5) A summons under subsection (3) of this section must contain:

(a) A statement that if the husband fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the husbands absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonpaternity on the date the answer is required or on a future date.

(b) A statement that:

(A) The husband must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the husband is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting.

(B) In the answer, the husband must inform the court and the petitioner of the husbands telephone number or contact telephone number and the husbands current residence, mailing or contact address in the same state as the husbands home. The answer may be in substantially the following form:

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF _________

_________, )

Petitioner, ) NO._____

)

) ANSWER

and )

)

_________, )

Respondent. )

I consent to the entry of a judgment of nonpaternity.

I do not consent to the entry of a judgment of nonpaternity. The court should not enter a judgment of nonpaternity for the following reasons:

____________

Signature

DATE:________

ADDRESS OR CONTACT ADDRESS:

___________

___________

TELEPHONE OR CONTACT TELEPHONE:

__________

(c) A notice that, if the husband answers the motion and order to show cause, the court:

(A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition;

(B) Will order the husband to appear personally; and

(C) May schedule other hearings related to the petition and may order the husband to appear personally.

(d) A notice that the husband has the right to be represented by an attorney. The notice must be in substantially the following form:

_____

You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the states financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information.

_____

(e) A statement that the husband has the responsibility to maintain contact with the husbands attorney and to keep the attorney advised of the husbands whereabouts.

(6) A husband who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the husband is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the husband shall inform the court and the petitioner of the husbands telephone number or contact telephone number and current address, as defined in ORS 25.011 (Address defined). The answer may be in substantially the form described in subsection (5) of this section.

(7) If the husband requests the assistance of appointed counsel and the court determines that the husband is financially eligible, the court shall appoint an attorney to represent the husband at state expense. Appointment of counsel under this subsection is subject to ORS 135.055 (Compensation and expenses of appointed counsel), 151.216 (Duties) and 151.219 (Public defense services executive director). The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216 (Duties).

(8) If the husband files an answer as required under subsection (6) of this section, the court, by oral order made on the record or by written order provided to the husband in person or mailed to the husband at the address provided by the husband, shall:

(a) Inform the husband of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition;

(b) Require the husband to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and

(c) Inform the husband that, if the husband fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the husbands absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonpaternity on the date specified in the order or on a future date, without the consent of the husband.

(9) If a husband fails to file a written answer as required in subsection (6) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the husband and in the husbands absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonpaternity.

(10) There shall be sufficient proof to enable the court to grant the relief sought without notice to the husband provided that the affidavit of the mother of the child, of the husband or of another person with knowledge of the facts filed in the proceeding states or the court finds from other competent evidence:

(a) That the mother of the child was not cohabiting with her husband at the time of conception of the child and that the husband is not the father of the child;

(b) That the husband has not been judicially determined to be the father;

(c) That the child has not resided with the husband; and

(d) That the husband has not contributed or tried to contribute to the support of the child.

(11) Notwithstanding ORS 109.070 (Establishing paternity) (1)(a), service of a summons and a motion and order to show cause on the husband under subsection (3) of this section is not required and the husbands consent, authorization or waiver is not required in adoption proceedings concerning the child unless the husband has met the requirements of subsection (3)(a), (b) or (c) of this section.

(12) A husband who was not cohabiting with the mother at the time of the childs conception has the primary responsibility to protect the husbands rights.

(13) Nothing in this section shall be used to set aside an act of a permanent nature, including but not limited to adoption, unless the father establishes, within one year after the entry of the order or general judgment, as defined in ORS 18.005 (Definitions), fraud on the part of the petitioner with respect to the matters specified in subsection (10)(a), (b), (c) or (d) of this section. [1957 c.710 §8 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 1959 c.609 §1; 1967 c.385 §1; 1969 c.591 §287; 1975 c.640 §16; 1989 c.907 §1; 1995 c.514 §19; 2003 c.576 §148; 2005 c.160 §§16,22; 2005 c.369 §7; 2007 c.454 §6]

109.328 Consent of child 14 years of age or older.
If the child is 14 years of age or older, the adoption shall not be made without the consent of the child. The consent required by this section is in addition to, and not in lieu of, the consent otherwise required by law. [1957 c.710 §9 (109.312 to 109.329 enacted in lieu of 109.320)]

109.329 Adoption of person 18 years of age or older or legally married.
(1) Subject to subsection (2) of this section, any person may petition the circuit court for leave to adopt a person who is 18 years of age or older or who is legally married. The petition shall be accompanied by the written consent of each petitioner and the written consent of the person to be adopted. The written consents shall be filed with the petition.

(2) In addition to the written consents required under subsection (1) of this section, an adoption of a person who is 18 years of age or older or who is legally married is governed by the following:

(a) One petitioner or the person to be adopted must have resided in this state continuously for a period of six months prior to the filing of the petition; and

(b) The petition must be filed in the county in which one petitioner or the person to be adopted resides.

(3) The court may grant the petition if the court finds, from the allegations set forth in the petition and an attached affidavit, that each petitioner:

(a) Understands the significance and ramifications of the adoption; and

(b) Is not acting under duress, coercion or undue influence.

(4) In a proceeding under this section, the court may:

(a) Appoint counsel for each petitioner or for the person to be adopted or both or appoint a visitor, as provided in ORS 125.150. If the court appoints counsel or a visitor or both under this paragraph, the court shall apportion the costs among each petitioner and the person being adopted.

(b) Hold a hearing.

(c) On the court’s own motion, take testimony from or hold a conference with each petitioner and the person to be adopted. The court may hold a conference with one party and exclude the other party from the conference. In such a case, the court shall allow the attorney for the excluded party to attend the conference.

(d) Require that notice of the proceeding be provided by each petitioner to any or all of the following:

(A) The spouse of each petitioner.

(B) A person cohabiting with a petitioner who is interested in the affairs and welfare of the petitioner.

(C) The adult children of each petitioner.

(5) If, upon a petition for adoption presented and consented to in writing by each petitioner and the person to be adopted, the court is satisfied as to the identity and relations of each petitioner and the person to be adopted, that each petitioner understands the significance and ramifications of the adoption, that each petitioner is not acting under duress, coercion or undue influence and that it is fit and proper that the adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the person to be adopted, for all legal intents and purposes, is the child of the petitioner or petitioners.

(6) The provisions of ORS 109.308, 109.309, 109.342 and 109.353 do not apply to an adoption under this section. [1957 c.710 §10 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.827 §13; 2003 c.579 §2]

109.330 Notice to nonconsenting parent; notice when child has no parent, guardian or next of kin. (1) In the cases provided for in ORS 109.314 (Consent when custody of child has been awarded in divorce proceedings), 109.322 (Consent when parent mentally ill, mentally retarded or imprisoned) and 109.324 (Consent when parent has deserted or neglected child), when a parent does not consent to the adoption of the child, the petitioner shall serve the parent with a summons and a true copy of a motion and order to show cause why the proposed adoption should not be ordered without the parents consent. Except as provided in subsection (3) of this section, service must be made in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents.

(2) A summons under this section must contain:

(a) A statement that an adoption petition has been filed and that, if the parent fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the parents absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child if the court determines, on the date the answer is required or on a future date, that:

(A) Consent of the parent is not required; and

(B) The adoption is in the best interests of the child.

(b) A statement that:

(A) The parent must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting.

(B) In the answer, the parent must inform the court and the petitioner of the parents telephone number or contact telephone number and the parents current residence, mailing or contact address in the same state as the parents home. The answer may be in substantially the following form:

______

IN THE CIRCUIT COURT OF

THE STATE OF OREGON

FOR THE COUNTY OF ______

______, )

Petitioner, ) NO._____

)

) ANSWER

and )

)

_________, )

Respondent. )

I consent to the proposed adoption.

I do not consent to the proposed adoption. The court should not order the proposed adoption without my consent for the following reasons:

_________

Signature

DATE:__________

ADDRESS OR CONTACT ADDRESS:

_____________

___________

TELEPHONE OR CONTACT TELEPHONE:

_________

(c) A notice that, if the parent answers the motion and order to show cause, the court:

(A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition;

(B) Will order the parent to appear personally; and

(C) May schedule other hearings related to the petition and may order the parent to appear personally.

(d) A notice that the parent has the right to be represented by an attorney. The notice must be in substantially the following form:

_________

You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the states financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information.

________

(e) A statement that the parent has the responsibility to maintain contact with the parents attorney and to keep the attorney advised of the parents whereabouts.

(3) A parent who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the parent shall inform the court and the petitioner of the parents telephone number or contact telephone number and current address, as defined in ORS 25.011 (Address defined). The answer may be in substantially the form described in subsection (2) of this section.

(4) If the parent requests the assistance of appointed counsel and the court determines that the parent is financially eligible, the court shall appoint an attorney to represent the parent at state expense. Appointment of counsel under this subsection is subject to ORS 135.055 (Compensation and expenses of appointed counsel), 151.216 (Duties) and 151.219 (Public defense services executive director). The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216 (Duties).

(5) If the parent files an answer as required under subsection (3) of this section, the court, by oral order made on the record or by written order provided to the parent in person or mailed to the parent at the address provided by the parent, shall:

(a) Inform the parent of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition;

(b) Require the parent to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and

(c) Inform the parent that, if the parent fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the parents absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child on the date specified in the order or on a future date, without the consent of the parent.

(6) If a parent fails to file a written answer as required in subsection (3) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the parent and in the parents absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child without the consent of the parent if the court finds, on the date the answer is required or on a future date, the action to be in the childs best interests.

(7) If the child has no living parent and no guardian or next of kin in this state qualified to appear in behalf of the child, the court may order such notice, if any, to be given as the court deems necessary or proper. [Amended by 1957 c.710 §11; 1967 c.385 §2; 1969 c.591 §288; 1975 c.640 §17; 1979 c.284 §101; 2005 c.369 §1]

109.332 Grandparent visitation in stepparent adoption.
(1) When a petition has been filed under ORS 109.309 (Petition for adoption) concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.309 (Petition for adoption) (7) may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition.

(2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that:

(a) Establishing visitation rights is in the best interests of the child;

(b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and

(c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family.

(3) As used in this section, grandparent includes a grandparent who has established custody, visitation or other rights under ORS 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship). [1993 c.689 §2; 1993 c.717 §10; 1995 c.90 §4; 2001 c.873 §7; 2003 c.258 §3; 2005 c.22 §88]

Note: 109.332 (Grandparent visitation in stepparent adoption) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

109.335 Appointment of guardian pending further adoption proceedings.
Notwithstanding the provisions of ORS chapter 125 that relate to the appointment of a guardian, when a petition is filed pursuant to ORS 109.309 for leave to adopt a minor child and the required consent thereto has been filed, the court before which the petition is pending may on its own motion enter an order appointing the petitioner or some other suitable person guardian of the minor child pending further order of the court or entry of a judgment under ORS 109.350. [1965 c.187 §1; 1967 c.231 §1; 1973 c.823 §108; 1995 c.664 §83; 2003 c.576 §149]

109.342 Medical history of child and biological parents required; content; delivery to adoptive parent and to adoptee on majority.
(1) Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the biological parents as complete as possible under the circumstances.

(2) When possible, the medical history shall include, but need not be limited to:

(a) A medical history of the adoptee from birth up to the time of adoption, including disease, disability, congenital or birth defects, and records of medical examinations of the child, if any;

(b) Physical characteristics of the biological parents, including age at the time of the adoptee’s birth, height, weight, and color of eyes, hair and skin;

(c) A gynecologic and obstetric history of the biological mother;

(d) A record of potentially inheritable genetic or physical traits or tendencies of the biological parents or their families; and

(e) Any other useful or unusual biological information that the biological parents are willing to provide.

(3) The names of the biological parents shall not be included in the medical history.

(4) The court shall give the history to the adoptive parents at the time the judgment is entered and shall give the history to the adoptee, upon request, after the adoptee attains the age of majority.

(5) Subsection (1) of this section does not apply when a person is adopted by a stepparent.

(6) The Department of Human Services shall prescribe a form for the compilation of the medical history. [1979 c.493 §2; 2003 c.576 §150]

109.346 Adoption-related counseling for birth parent.
(1) Except as provided in subsection (5) of this section, a birth parent consenting to an adoption shall receive notice of the birth parents right to payment for three adoption-related counseling sessions prior to surrender or relinquishment of the child for adoption and three sessions of adoption-related counseling after surrender or relinquishment of the child for adoption.

(2) Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent by either the attorney for the birth parent, the agency representative taking the birth parents consent or the attorney for the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written notice shall submit verification to the court that the notice was given to the consenting birth parent.

(3) The prospective adoptive parent shall pay all uninsured costs of the adoption-related counseling required by this section, provided the counseling is received within one year of the date of surrender or relinquishment of the child for adoption.

(4) Adoption-related counseling under this section, unless otherwise agreed to by the prospective adoptive parent and the consenting birth parent, shall be provided by:

(a) A regulated social worker as defined in ORS 675.510 (Definitions for ORS 675.510 to 675.600) who is employed by an Oregon licensed adoption agency other than the regulated social worker assigned to the prospective adoptive parent;

(b) A regulated social worker, counselor or therapist who is working under the supervision of a clinical social worker licensed under ORS 675.530 (License) or a licensed professional counselor and who is knowledgeable about birth parent, adoption and grief and loss issues; or

(c) A clinical social worker licensed under ORS 675.530 (License), counselor or therapist who:

(A) Has a graduate degree in social work, counseling or psychology; and

(B) Is knowledgeable about birth parent, adoption and grief and loss issues.

(5) The requirements of this section do not apply to:

(a) An adoption in which a birth parent relinquishes parental rights to the Department of Human Services;

(b) An adoption in which one parent retains parental rights;

(c) An adoption in which the child is born in a foreign country and adopted under the laws of that country or readopted in Oregon;

(d) An adoption in which the child is born in a foreign country and subsequently adopted in Oregon and in which the identity or whereabouts of the childs birth parents are unknown; or

(e) An adoption of an adult.

(6) Failure to provide the notice required by this section or failure to pay the uninsured costs of adoption-related counseling required by this section is not grounds for setting aside an adoption judgment or for revocation of a written consent to an adoption or a certificate of irrevocability. [2001 c.586 §2; 2003 c.576 §151; 2009 c.442 §29]

Note: 109.346 (Adoption-related counseling for birth parent) and 109.347 (Civil action for failure to pay for counseling) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

109.347 Civil action for failure to pay for counseling; attorney fees.
A birth parent aggrieved by the failure of a prospective adoptive parent or adoptive parent to pay the uninsured costs of adoption-related counseling required by ORS 109.346 may file a civil action in circuit court for payment or reimbursement of the uninsured costs of adoption-related counseling. The court shall award reasonable attorney fees and costs of the action to a prevailing birth parent. [2001 c.586 §3]

109.350 Judgment of adoption.
If, upon a petition for adoption duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, that, if applicable, the requirements of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) have been met, and that it is fit and proper that such adoption be effected, a judgment shall be made setting forth the facts, and ordering that from the date of the judgment the child, to all legal intents and purposes, is the child of the petitioner. In an adoption subject to the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), the state court shall provide to the United States Secretary of the Interior a copy of the judgment together with the other information required by the Indian Child Welfare Act (25 U.S.C. 1901 et seq.). [Amended by 1959 c.430 §4; 1983 c.302 §3; 2003 c.576 §152]

109.353 Notice of voluntary adoption registry required before judgment entered; waiver. Before a judgment of adoption is entered, the agency or organization facilitating the adoption, or the attorney for the adoptive parents in an independent adoption, shall submit verification to the court that the parents of the child and the petitioners have been advised of the voluntary adoption registry established under ORS 109.450 and have been given information on how to access those services. The court may waive this requirement upon a finding of good cause. [1995 c.730 §5; 1999 c.160 §1; 2003 c.576 §153]

109.360 Change of adopted child’s name.
If in a petition for the adoption of a child a change of the child’s name is requested, the court, upon entering a judgment granting the adoption, may also provide in the judgment for the change of name without the notices required by ORS 33.420. [Amended by 1997 c.872 §24; 2003 c.576 §154]

109.381 Effect of judgment of adoption.
(1) A judgment of a court of this state granting an adoption, and the proceedings in such adoption matter, shall in all respects be entitled to the same presumptions and be as conclusive as if rendered by a court of record acting in all respects as a court of general jurisdiction and not by a court of special or inferior jurisdiction, and jurisdiction over the persons and the cause shall be presumed to exist.

(2) Except for such right of appeal as may be provided by law, judgments of adoption shall be binding and conclusive upon all parties to the proceeding. No party nor anyone claiming by, through or under a party to an adoption proceeding, may for any reason, either by collateral or direct proceedings, question the validity of a judgment of adoption entered by a court of competent jurisdiction of this or any other state.

(3) After the expiration of one year from the entry of a judgment of adoption in this state the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the childs natural parents and all other persons who might claim to have any right to, or over the child, have abandoned the child and consented to the entry of such judgment of adoption, and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered, all irrespective of jurisdictional or other defects in the adoption proceeding. After the expiration of the one-year period no one may question the validity of the adoption for any reason, either through collateral or direct proceedings, and all persons shall be bound thereby. However, the provisions of this subsection shall not affect the right of appeal from a judgment of adoption as may be provided by law. [Subsections (1), (2) and (3) enacted as 1959 c.609 §§2,3,4; subsection (4) derived from 1959 c.609 §6; 2003 c.576 §155; 2005 c.22 §89]

109.385 Certain adoptions in foreign nations recognized; evidence.
(1) An adoption in any foreign nation under the laws of such nation of a person who is at the time of the adoption a national of such nation by adoptive parents at least one of whom is a citizen of the United States shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation wherein the adoption occurred.

(2) The certificate of a judge of a court of general jurisdiction under the seal of the judge or the seal of the court in any foreign nation with respect to the adoption of a national of such foreign nation by adoptive parents at least one of whom is a citizen of the United States that all pertinent laws of such foreign nation have been complied with and the adoption is in all respects legal and valid shall be prima facie evidence in any court in the State of Oregon in any proceeding that such adoption was in fact legal and valid. Such certificate shall be prima facie evidence even if under the laws of the foreign nation the adoption is an administrative procedure and is not within the jurisdiction of the court or the judge making the certificate. [1961 c.95 §§2,3]

109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings.
When the Department of Human Services or an approved child-caring agency has the right to consent to the adoption of a child, the department or agency may:

(1) If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child.

(2) Appear in court where a proceeding for the adoption of the child is pending.

(3) Give or withhold consent in loco parentis to the adoption of the child only in accordance with ORS 109.316 (Consent by Department of Human Services or approved child-caring agency of this state). [1957 c.710 §14; 1971 c.401 §6; 2005 c.22 §90]

109.400 Adoption report form.
(1) When a petition for adoption is filed with a court, the petitioner or the attorney thereof shall file with the petition an adoption report form as provided in ORS 432.415.

(2) Notwithstanding ORS 7.211, if the court enters a judgment of adoption, the clerk of the court shall review the personal particulars filled in on the form, shall fill in the remaining blanks on the form, shall certify the form and mail it to the State Registrar of the Center for Health Statistics as the adoption report as required under ORS 432.415. [1959 c.430 §1; 1983 c.709 §41; 1997 c.783 §45; 2003 c.576 §156]

109.410 Certificate of adoption; form; fee; persons eligible to receive copy; status.
(1) The clerk of the court having custody of the adoption file shall issue upon request a certificate of adoption to the adopted person, the adoptive parents or parent, their attorney of record, in the proceeding, or to any child-placing agency which gave consent to the adoption. The certificate shall be substantially in the following form:

________

CERTIFICATE OF ADOPTION

IN THE ________ COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF

___________

In the Matter of the Adoption of:

________

File No.______

Name after Adoption

This is to certify that on the ___ day of_____, 2___, a Judgment of Adoption was granted by the Honorable Judge ______ granting the adoption of the above-named person by ______.

The adopted person, above named, was born in the City of______, County of______, State of____, on the __ day of_____, 2__.

Dated at____, Oregon, this __ day of___, 2__.

(Title of the Clerk of the Court)

(SEAL) By ________

Deputy

_________

(2) The certificate of adoption may be issued by the judge who granted the adoption, instead of by the clerk of the court.

(3) The certificate of adoption shall not state the former name of the person adopted, unless the name was not changed by the judgment, and shall not state the name of either biological parent of the person adopted. However, if the adoption was by the adopted person’s stepparent, the name of the adopting stepparent’s spouse may be set forth in the certificate if requested.

(4)(a) For the issuance of one certificate of adoption for any person who was adopted after October 3, 1979, a fee of not more than $1 may be charged and collected by the clerk of the court.

(b) For additional certificates or for certificates of adoption for persons adopted prior to October 3, 1979, a fee of not more than $1 for each certificate may be charged and collected by the clerk of the court.

(5) No certificate of adoption shall be issued to any person other than the persons described in subsection (1) of this section without order of the court.

(6) For all purposes, the certificate of adoption shall constitute legal proof of the facts set forth therein, shall have the same force and effect and the same presumptions of validity as the judgment of adoption, and shall be entitled to full faith and credit. [1979 c.397 §2; 1985 c.496 §24; 2003 c.576 §157]

VOLUNTARY ADOPTION REGISTRY

109.425 Definitions for ORS 109.425 and 109.435 to 109.507.As used in this section and ORS 109.435 (Adoption records to be permanently maintained) to 109.507 (Access to Department of Human Services records required):

(1) Adoptee means a person who has been adopted in the State of Oregon.

(2) Adoption means the judicial act of creating the relationship of parent and child where it did not exist previously.

(3) Adoptive parent means an adult who has become a parent of a child through adoption.

(4) Adult means a person 18 years of age or older.

(5) Agency means any public or private organization licensed or authorized under the laws of this state to place children for adoption.

(6) Birth parent is:

(a) The man or woman who is legally presumed under the laws of this state to be the father or mother of genetic origin of a child; and

(b) A putative father of the child if the birth mother alleges he is the father and the putative father, by written affidavit or surrender and release executed within three years of the relinquishment of the child by the birth mother or the termination of parental rights of the birth mother, acknowledges being the childs biological father.

(7) Department means the Department of Human Services.

(8)(a) Genetic and social history is a comprehensive report, when obtainable, of the health status and medical history of the birth parents and other persons related to the child.

(b) The genetic and social history may contain as much of the following as is available:

(A) Medical history;

(B) Health status;

(C) Cause of and age at death;

(D) Height, weight, eye and hair color;

(E) Ethnic origins; and

(F) Religion, if any.

(c) The genetic and social history may include the health status and medical history of:

(A) The birth parents;

(B) A putative father, if any;

(C) Siblings to the birth parents, if any;

(D) Siblings to a putative father, if any;

(E) Other children of either birth parent, if any;

(F) Other children of a putative father, if any;

(G) Parents of the birth parents; and

(H) Parents of a putative father, if any.

(9) Health history is a comprehensive report, when obtainable, of the childs health status and medical history at the time of placement for adoption, including neonatal, psychological, physiological and medical care history.

(10) Putative father is a man who, under the laws of this state, is not legally presumed to be the father of genetic origin of a child, but who claims or is alleged to be the father of genetic origin of the child.

(11) Registry is a voluntary adoption registry as established under ORS 109.450 (Child placement agency to maintain registry).

(12) Successor agency is an agency which has the adoption records of another agency because of the merger of the agency and the successor agency or because a former agency has ceased doing business and has given its adoption records to the successor agency as provided in ORS 109.435 (Adoption records to be permanently maintained) (2). [1983 c.672 §2; 1989 c.372 §1; 1993 c.410 §1; 1995 c.79 §39; 1995 c.730 §7; 1997 c.130 §3; 1997 c.442 §1; 2001 c.900 §14]

Note: 109.425 (Definitions for ORS 109.425 and 109.435 to 109.507) to 109.507 (Access to Department of Human Services records required) and 109.990 (Penalty) (2) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

109.430 Policy and purpose.
It is the policy of this state that adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parents and child between an adoptee and the adoptive parents. These legal and social premises underlying adoption must be maintained. The state recognizes that some adults who were adopted as children have a strong desire to obtain identifying information about their birth parents or putative father while other such adult adoptees have no such desire. The state further recognizes that some birth parents have a strong desire to obtain identifying information about their biological children who were adopted, while other birth parents have no such desire. The state fully recognizes the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees and the adoptive parents. The purpose of ORS 7.211, 109.425 to 109.507 and 432.420 is to:

(1) Set up a voluntary adoption registry where birth parents, putative fathers and adult adoptees may register their willingness to the release of identifying information to each other;

(2) Provide for the disclosure of identifying information to birth parents and their genetic offspring through a social worker employed by a licensed adoption agency, if a birth parent or parents or putative father and the adult adoptee are registered;

(3) Provide for the transmission of nonidentifying health and social and genetic history of the adult adoptees, birth parents, putative fathers and other specified persons; and

(4) Provide for disclosure of specific identifying information to Indian tribes or governmental agencies when needed to establish the adoptee’s eligibility for tribal membership or for benefits or to a person responsible for settling an estate that refers to the adoptee. [1983 c.672 §1; 1989 c.372 §5; 1995 c.79 §40; 1995 c.730 §8; 1997 c.442 §2]

109.435 Adoption records to be permanently maintained.
(1) All records of any adoption finalized in this state shall be permanently maintained by the Department of Human Services or by the agency arranging the adoption.

(2) If an agency which handles adoptions ceases to do business, the agency shall transfer the adoption records to the department or to a successor agency, if the agency gives notice of the transfer to the department. [1983 c.672 §3]

109.440 Information confidential; exceptions.
(1) A person or agency may not disclose any confidential information relating to an adoption except as provided in subsection (2) of this section and ORS 109.425 and 109.435 to 109.507 or pursuant to a court order.

(2) The provisions of subsection (1) of this section do not apply when confidential information relating to an international adoption is requested by the adult adoptee. [1983 c.672 §4; 1995 c.79 §41; 1995 c.730 §9; 2001 c.586 §1]

109.445 Information of registry confidential.
(1) Notwithstanding any other provision of law, the information acquired by any voluntary adoption registry shall not be disclosed under any freedom of information legislation, rules or practice.

(2) A class action suit shall not be maintained in any court of this state to require the registry to disclose identifying information. [1983 c.672 §5]

109.450 Child placement agency to maintain registry; Department of Human Services duties.
(1) A voluntary adoption registry shall be established and maintained by each agency or its successor agency. An agency may delegate or contract with another agency to establish, maintain and operate the registry for the delegating agency.

(2) The Department of Human Services shall establish, maintain and operate the registry for all adoptions not arranged through a licensed agency. The department may contract out the function of establishing, maintaining and operating the registry to another agency. The department may join a voluntary national or international registry and make its records available in the manner authorized by ORS 109.425 to 109.507. However, if the rules of disclosure of such a voluntary organization differ from those prescribed in ORS 109.425 and 109.435 to 109.507, ORS 109.425 and 109.435 to 109.507 shall prevail. [1983 c.672 §6; 1995 c.79 §42; 1995 c.730 §10]

109.455 Persons eligible to use registry.
(1) As provided in ORS 109.475 and except as provided in subsection (2) of this section, only a birth parent, adult adoptee, adult genetic sibling of an adoptee, adoptive parent of a deceased adoptee or parents or adult siblings of a deceased birth parent or parents may use the registry for obtaining identifying information about birth parents, putative fathers, adult adoptees and adult adoptee genetic siblings.

(2) An adult adoptee who has a genetic sibling in the adult adoptee’s adoptive family who is under the age of 18 may not have access to the registry.

(3) A putative father may not have access to the registry.

(4) Birth parents, adult adoptees, adult genetic siblings of an adoptee, adoptive parent or parents of a deceased adoptee and parents or adult siblings of a deceased birth parent or parents shall work through the agency involved in the adoption, or its successor agency, or the Department of Human Services to receive information concerning the adoption. [1983 c.672 §7; 1989 c.372 §2; 1997 c.442 §3]

109.460 Persons eligible to register.
(1) An adult adoptee, each birth parent, a putative father, an adult genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling of a deceased birth parent or parents may register by submitting a signed affidavit to the appropriate registry. The affidavit shall contain the information listed in ORS 109.465 and a statement of the registrant’s willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release identifying information related to the registrant to the other relevant persons who register. Each registration shall be accompanied by the birth certificate of the registrant.

(2) An adoptee, or the parent or guardian of an adoptee under 18 years of age, may register to have specific identifying information disclosed to Indian tribes or to governmental agencies in order to establish the adoptee’s eligibility for tribal membership or for benefits or to a person settling an estate. The information shall be limited to a true copy of documents that prove the adoptee’s lineage. Information disclosed in accordance with this subsection shall not be disclosed to the adoptee or the parent or guardian of the adoptee by the registry or employee or agency operating a registry nor by the Indian tribe, governmental agency or person receiving the information.

(3) Except as provided in ORS 109.475 (2), if a birth parent or an adoptee fails to file an affidavit with the registry for any reason, including death or disability, identifying information shall not be disclosed to those relevant persons who do register.

(4) Except as otherwise provided in ORS 109.503, a registry or employee or the agency operating a registry shall not contact or in any other way solicit any adoptee or birth parent to register with the registry. [1983 c.672 §8; 1989 c.372 §6; 1993 c.410 §10; 1997 c.442 §4]

109.465 Content of affidavit; notice of change in information.
(1) The affidavit required under ORS 109.460 shall contain:

(a) The current name and address of the registrant;

(b) Any previous name by which the registrant was known;

(c) The original or adopted names of the adopted child;

(d) The place and date of birth of the adopted child, if known; and

(e) The name and address of the agency, if known.

(2) The registrant shall notify the registry of any change in name or address which occurs after the registrant registers. Upon registering, the registry shall inform the registrant that the registrant has the responsibility to notify the registry of a change in address. The registry is not required to search for a registrant who fails to notify the registry of a change in address.

(3) A registrant may cancel the registrant’s registration at any time by giving the registry written notice of the registrant’s desires to so cancel. [1983 c.672 §9]

109.470 Continuing registration by birth parent or putative father.
(1) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the birth parent does not desire to continue the registration.

(2) When an adoptee reaches age 18, a putative father of the adoptee, if the putative father registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the putative father does not desire to continue the registration.

(3) A registry shall notify a birth parent or putative father of this requirement when the birth parent or putative father initially registers. [1983 c.672 §10; 1989 c.372 §3; 1997 c.442 §5; 1999 c.650 §1]

109.475 Processing affidavits.
(1) Upon receipt of the affidavit under ORS 109.460, the registry shall process each affidavit in an attempt to match the adult adoptee and the birth parents, the putative father, the adult genetic sibling, the adoptive parent of a deceased adoptee or the parents or adult sibling of a deceased birth parent or parents. The processing shall include research from agency records, and if necessary from court records, to determine whether the registrants match.

(2) If the registry determines there is a match and if the relevant persons have registered with the registry and received the counseling required by ORS 109.480, notification of the match may be given by a registry to only:

(a) A birth parent or parents of an adult adoptee and an adult adoptee;

(b) The adult genetic siblings of an adult adoptee if the birth parent or parents are deceased;

(c) Adult adoptee genetic siblings who have been adopted by different adoptive families and have no knowledge of their birth parents;

(d) At the discretion of the agency operating the registry, parents or adult siblings of the birth parent or parents if the birth parent or parents are deceased; or

(e) At the discretion of the agency operating the registry, the adoptive parent or parents of a deceased adoptee.

(3) Notification of a match to the relevant parties shall be made through a direct and confidential contact. [1983 c.672 §11; 1997 c.442 §6]

109.480 Counseling of registrant.
(1) Upon the determination of a match but before identifying information is disclosed, the registrant shall, at the discretion of the agency operating the registry, participate in counseling:

(a) With a social worker employed by the registry; or

(b) If the registrant is domiciled outside the state, with a social worker in that state who is selected by the registry.

(2) The counseling required under subsection (1) of this section shall place an emphasis on an evaluation of the need for and the effect of the information or contact on the genetic family members and the relationships within the adoptive family. [1983 c.672 §12]

109.485 Registry information to be maintained permanently. Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 §13]

109.490 Limits on releasing information.
A registry shall release only information necessary for identifying a birth parent, a putative father, an adult adoptee or an adult genetic sibling, and shall not release information of any kind pertaining to:

(1) The adoptive parents;

(2) The siblings to the adult adoptee who are children of the adoptive parents; and

(3) The income of any person. [1983 c.672 §14; 1997 c.442 §7]

109.495 Registrant fee. Costs of establishing and maintaining a registry may be met through reasonable fees charged to all persons who register. [1983 c.672 §15; 1999 c.650 §2]

109.500 Genetic, social and health history; availability; fee.
(1) A genetic and social history and health history which excludes information identifying any birth parent or putative father, member of a birth parent’s or putative father’s family, the adoptee or the adoptive parents of the adoptee, may be provided, if available, from an agency upon request to the following persons:

(a) The adoptive parents of the child or the child’s guardian;

(b) The birth parent of the adoptee;

(c) An adult adoptee; and

(d) In the event of the death of the adoptee:

(A) The adoptee’s spouse if the spouse is the birth parent of the adoptee’s child or the guardian of any child of the adoptee; or

(B) Any progeny of the adoptee who is 18 years of age or older.

(2) The medical history part of the report mentioned in subsection (1) of this section may be in the form prescribed by the Department of Human Services under ORS 109.342.

(3) The agency may charge the person requesting the information requested under subsection (1) of this section the actual cost of providing such information. [1983 c.672 §16; 1989 c.372 §4; 1997 c.442 §8]

109.502 Search for birth parents, putative father or genetic siblings; who may initiate; information required; fee.
(1)(a) An adult adoptee or the adoptive parent of a minor or deceased adoptee may request that the Department of Human Services or the Oregon licensed adoption agency that facilitated the adoption conduct a search for the adoptee’s birth parents, putative father or, except as otherwise provided in ORS 109.504 (1), for the adoptee’s genetic siblings.

(b) A birth parent, an adult genetic sibling of an adoptee or the parent or adult sibling of a deceased birth parent may request the department or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for an adult adoptee whom the birth parent relinquished for adoption.

(c) A person requesting a search under paragraph (a) or (b) of this subsection shall direct the request for the search to the Oregon licensed adoption agency that facilitated the adoption. If the Oregon licensed adoption agency that facilitated the adoption is not conducting searches or has not been authorized by the department to conduct searches, the person shall direct the request to the department.

(2) At the time of a request to conduct a search under this section, the requester shall provide the department or the Oregon licensed adoption agency that facilitated the adoption with such information as the department or the Oregon licensed adoption agency requires. The person requesting the search must be registered with a registry established under ORS 109.450.

(3)(a) If the person has requested the department to conduct a search, upon payment by the requester of a fee established by rule under ORS 109.506, the department shall instruct an Oregon licensed adoption agency to conduct the search.

(b) If the Oregon licensed adoption agency that facilitated the adoption meets the standards established by rule under ORS 109.506, upon payment by the requester of a fee established by rule under ORS 109.506, the Oregon licensed adoption agency shall conduct the search. [1993 c.410 §3; 1995 c.730 §12; 1997 c.442 §9]

109.503 Access to adoption records for search; duties of searcher.
(1) When the Department of Human Services or an Oregon licensed adoption agency has been instructed to conduct a search, the department or an Oregon licensed adoption agency may examine adoption records maintained by the department and by private adoption agencies under ORS 109.435. However, the department or an Oregon licensed adoption agency may examine the adoption records of a private adoption agency only if the private adoption agency allows the examination. The department or an Oregon licensed adoption agency shall keep the records and information located in the records confidential.

(2) If the department or an Oregon licensed adoption agency is able to identify and locate the person being sought, the department or an Oregon licensed adoption agency shall make a confidential inquiry of that person to determine whether the person wishes to make contact with the person requesting the search. The department or an Oregon licensed adoption agency shall make the inquiry in person if possible. If the reason the person is requesting the search is because there is a serious medical condition in the person’s immediate family that is, or may be, an inheritable condition and the person being sought is biologically related to the ill person, the department or the Oregon licensed adoption agency shall inform the person being sought of that fact.

(3)(a) If the person being sought wishes to make contact with the person requesting the search, the department or an Oregon licensed adoption agency shall:

(A) Tell the person about the voluntary adoption registry under ORS 109.435 to 109.507 and that any contact will be made through the registry and its provisions and shall give the person any information and forms necessary to register;

(B) Notify the voluntary adoption registry that the person being sought has been identified and located and has indicated that the person wishes to make contact; and

(C) Return all materials and information obtained during the search to the department or agency responsible for maintaining the information.

(b) If the person being sought has indicated a wish to make contact and has not registered with the voluntary adoption registry within 90 days after the confidential inquiry was made, the department or an Oregon licensed adoption agency, where practicable, shall contact the person to offer forms and materials to register and to determine if the person still intends to register.

(4) If the person being sought does not wish to make contact with the person requesting the search, the department or an Oregon licensed adoption agency shall:

(a) Tell the person about the voluntary adoption registry under ORS 109.435 to 109.507;

(b) Notify the voluntary adoption registry that the person being sought has been identified, located and has indicated that the person does not wish to make contact; and

(c) Return all materials and information obtained during the search to the department or agency responsible for maintaining the information.

(5) If the department or an Oregon licensed adoption agency is unable to identify and locate the person being sought, the department or an Oregon licensed adoption agency shall notify the voluntary adoption registry of that fact.

(6) Upon receiving notice under subsection (3)(a)(B), (4)(b) or (5) of this section, the voluntary adoption registry shall:

(a) Enter the information into its records; and

(b) Notify the person requesting the search only that the person being sought has or has not been located, and either:

(A) Has indicated a wish to make contact and has been given information and forms necessary to register; or

(B) Has indicated a wish not to make contact. [1993 c.410 §4; 1995 c.79 §43; 1995 c.730 §13; 1997 c.442 §10]

109.504 Effect on subsequent searches when person sought in initial search refuses contact.
(1) If an adult adoptee or the adoptive parent of a minor or deceased adoptee has initiated a search under ORS 109.502, the fact that the person being sought in the original search does not wish to make contact does not prevent the adult adoptee or the adoptive parent from requesting another search for a birth parent or putative father not previously contacted. An adult adoptee or the adoptive parent of a minor or deceased adoptee may not request a search for a genetic sibling of the adoptee if there was a previous search for a birth parent of the adoptee and the birth parent did not want to make contact with the adult adoptee or adoptive parent.

(2) The adult adoptee or adoptive parent of a minor or deceased adoptee shall request the search by repeating the process set out in ORS 109.502 and by paying the fees established by the Department of Human Services pursuant to ORS 109.506. [1993 c.410 §5; 1997 c.442 §11]

109.505 Support services; adoption and reunion issues.
Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided:

(1) By the Department of Human Services or an Oregon licensed adoption agency to all persons requesting a search under ORS 109.502; and

(2) By the department or an Oregon licensed adoption agency only to those persons the department or an Oregon licensed adoption agency identifies and locates as the result of a search under ORS 109.503 and who express a wish to receive information. [1993 c.410 §6; 1995 c.730 §14]

109.506 Rulemaking; fees.
The Department of Human Services by rule shall establish:

(1) Eligibility standards for Oregon licensed adoption agencies that conduct searches under ORS 109.503;

(2) Standards of conduct for Oregon licensed adoption agencies that conduct searches under ORS 109.503;

(3) Contracting procedures for Oregon licensed adoption agencies that conduct searches under ORS 109.503;

(4) Search procedures to be followed by Oregon licensed adoption agencies that conduct searches under ORS 109.503; and

(5) Fees to be paid by persons requesting a search under ORS 109.502. Fees authorized under this section include:

(a) A fee to be paid to the department or an Oregon licensed adoption agency to cover all costs incurred in the search; and

(b) A fee to be paid to the department or an Oregon licensed adoption agency to cover the administrative costs incurred in administering the search program. [1993 c.410 §7; 1995 c.730 §15; 1999 c.650 §3]

109.507 Access to Department of Human Services records required; access to private agency records discretionary.
(1) The Department of Human Services shall allow an Oregon licensed adoption agency to examine confidential adoption records maintained by the department as part of a search conducted under ORS 109.503.

(2) A private adoption agency may allow the department or an Oregon licensed adoption agency to examine confidential adoption records maintained by the agency as part of a search conducted under ORS 109.503. [1993 c.410 §8; 1995 c.730 §16]