Objection of alleged genetic parent in proceeding referred to in ORS 109.096; effect of failure to appear and object. (1) If an alleged genetic parent of a child by due appearance in a proceeding of which the alleged genetic parent is entitled to notice under ORS 109.096 objects to the relief sought, the court

(a)(A) May stay the adoption or other court proceeding to await the outcome of the proceeding to adjudicate parentage only if notice of the initiation of the proceeding was on file as required by ORS 109.096 (3) or (4); or

(B) If the child is an Indian child, as defined in ORS 419B.603, shall stay the adoption proceeding to await the outcome of an adjudication of the alleged genetic parent’s parentage under ORS 419B.609.

(b) Shall, if no proceeding to determine the alleged genetic parent’s parentage is pending, inquire as to the parentage of the child, the alleged genetic parent’s past endeavors to fulfill the alleged genetic parent’s obligation to support the child and to contribute to the pregnancy-related medical expenses, the period that the child has lived with the alleged genetic parent, the alleged genetic parent’s fitness to care for and rear the child and whether the alleged genetic parent is willing to be declared the genetic parent of the child and to assume the responsibilities of a parent.

(2) If after inquiry under subsection (1)(b) of this section the court finds:

(a) That the alleged genetic parent is the genetic parent of the child and is fit and willing to assume the responsibilities of a parent, it shall have the power:

(A) Except as provided in ORS 109.148, upon the request of the alleged genetic parent, to adjudicate the alleged genetic parent’s parentage and certify the parentage in the manner provided in ORS 109.094; and

(B) To award custody of the child to either parent as may be in the best interests of the child, or to take any other action which the court may take if the parents are or were married to each other.

(b) That the alleged genetic parent is not the parent of the child, it may grant the relief sought in the proceeding without the alleged genetic parent’s consent.

(c) That the alleged genetic parent is the genetic parent of the child but is not fit or willing to assume the responsibilities of a parent, it may grant the relief sought in the proceeding or any other relief that the court deems to be in the child’s best interests as described in ORS 109.151, notwithstanding the alleged genetic parent’s objection.

(3) If a child’s alleged genetic parent is given the notice of a proceeding required by ORS 109.096 and fails to enter due appearance and to object to the relief sought therein within the time specified in the notice, the court may grant the relief sought without the alleged genetic parent’s consent. [1975 c.640 §8; 1995 c.90 §2; 2005 c.160 §6; 2017 c.651 §21; 2021 c.398 §45; 2025 c.592 §13]