Chapter 109 — Chapter 109

ORS 109.001 Breast-feeding in public place. A woman may breast-feed her child in a public place. [1999 c.306 §1]

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ORS 109.002 Definitions for ORS chapter 109. As used in ORS chapter 109

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ORS 109.003 Attorney fees; intervenor. In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against any person who has appeared or intervened in the proceeding. [1997 c.90 §4; 2005 c.22 §84]

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ORS 109.010 Duty of support. Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances

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ORS 109.012 Liability of parents for expenses and education of children. (1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who have not married each other. The parents may be sued jointly or separately for the expenses and education of the minor child

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ORS 109.015 Proceedings for child support if child receives public assistance. If public assistance is provided for any dependent child, the administrator may initiate proceedings under ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 25.501 to 25.556 or 419B.400 to obtain support for the child from one or both parents or from any other person legally responsible for the support of the child, including a guardian or conservator. In any proceeding under any statute cited in this section, the obligee is a party. [1983 c.767 §2; 1985 c.671 §44c; 1991 c.67 §22; 1993 c.33 §371; 1993 c.596 §19; 1993 c.798 §45; 1995 c.608 §36; 1997 c.249 §37; 2003 c.73 §54; 2003 c.572 §14; 2003 c.576 §577b; 2007 c.643 §2; 2021 c.597 §62; 2025 c.99 §59]

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ORS 109.020 When child’s maintenance and education may be defrayed out of income of own property. If any minor, whose parent is living, has property the income of which is sufficient for the maintenance and education of the minor in a manner more expensive than the parent can reasonably afford, regard being had to the situation of the parent’s family and to all the circumstances of the case, the expenses of the maintenance and education of the minor may be wholly or partially defrayed out of the income of the property of the minor, as is judged reasonable by the court having probate jurisdiction. The charges therefor may be allowed accordingly in the settlement of the accounts of the guardian or the conservator of the minor of the estate of the minor. [Amended by 1973 c.823 §104; 2007 c.22 §6]

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ORS 109.030 Equality in rights and responsibilities of parents. The rights and responsibilities of the parents, in the absence of misconduct, are equal, and each parent is as fully entitled to the custody and control of the children and their earnings as the other parent. In case of the death of one parent, the other parent shall come into full and complete control of the children and their estate. [Amended by 2017 c.651 §50]

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ORS 109.035 Security required before foreign travel with child. (1) As used in this section

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ORS 109.040 [Repealed by 1953 c.650 §4]

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ORS 109.041 Relationship between adopted child and natural and adoptive parents. (1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and

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ORS 109.050 Relation of adopted child to adoptive parents. An adopted child bears the same relation to adoptive parents and their kindred in every respect pertaining to the relation of parent and child as the adopted child would if the adopted child were the natural child of such parents

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ORS 109.053 [1979 c.266 §1; 1981 c.614 §1; 1997 c.704 §55; 2003 c.576 §135; renumbered 108.045 in 2005]

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ORS 109.055 [1971 c.703 §1; 1973 c.827 §12e; repealed by 1979 c.266 §3]

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ORS 109.056 Delegation of certain powers by parent or guardian; delegation during period of military service. (1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to adoption of a minor ward

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ORS 109.060 Legal status and legal relationships when parents not married. The legal status and legal relationships and the rights and obligations between a person and the descendants of the person, and between a person and parents of the person, their descendants and kindred, are the same for all persons, whether or not the parents have been married. [1957 c.411 §1]

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ORS 109.064 Child as party; appointment of attorney. (1) In a proceeding to adjudicate the parentage of a child, other than a proceeding under ORS chapter 419B, the child is a permissive party to the proceeding if the child has not attained 18 years of age

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ORS 109.065 Establishing parentage. Parentage may be established between a person and a child by

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ORS 109.067 (1) An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement

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ORS 109.070 (1) A parent who gave or will give birth to a child and a child’s alleged genetic parent, presumed parent or, if the child was conceived by assisted reproduction, other than under a surrogacy agreement, intended parent may establish parentage of the child

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ORS 109.072 Petition to vacate or set aside parentage determination. (1) As used in this section

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ORS 109.073 Social Security number of parent in parentage order, judgment or declaration. Except as otherwise provided in ORS 25.020, the final four digits of the Social Security number of a parent who is subject to a parentage determination pursuant to ORS 25.501 to 25.556 or 109.065 (5) or (7) shall be included in the order, judgment or other declaration establishing parentage. [1997 c.746 §123; 1999 c.80 §94; 2005 c.160 §§12,18; 2015 c.197 §5; 2017 c.651 §17; 2025 c.592 §118]

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ORS 109.075 (1) Except as otherwise provided in subsection (2) of this section

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ORS 109.080 [1957 c.411 §4; 1959 c.432 §64; repealed by 1975 c.640 §18]

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ORS 109.082 Uniformity of application and construction. In applying and construing ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform parentage act. [2025 c.592 §104]

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ORS 109.084 Relation to Electronic Signatures in Global and National Commerce Act. ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq, but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any notice described in 15 U.S.C. 7003(b). [2025 c.592 §105]

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ORS 109.090 Interpretation of ORS 109.060 to 109.090. (1) The provisions of ORS 109.060 to 109.090 shall apply to all persons, irrespective of whether they are born before or after August 20, 1957. ORS 109.060 to 109.090 shall not be construed to affect a decree of distribution entered, or any probate proceeding closed, prior to August 20, 1957

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ORS 109.092 Obligation to recognize responsibility for conception; surrender of child for adoption. (1) When it is determined that a person is pregnant with a child, the person and any individual to whom the pregnant person is not married and with whom the pregnant person engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that the individual may be the other person responsible for the conception

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ORS 109.094 Rights of parent when parentage established; procedure when parentage established. Upon the parentage of a child being established in the proceedings, a parent shall have the same rights as a parent who is or was married to the parent who gave birth to the child. The clerk of the court shall certify the fact of parentage to the Center for Health Statistics of the Oregon Health Authority, and the Center for Health Statistics shall amend a record of live birth for the child and issue a new certified copy of the record of live birth for the child. [1975 c.640 §6; 1983 c.709 §38; 2009 c.595 §67; 2013 c.366 §56; 2017 c.651 §19; 2025 c.592 §119]

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ORS 109.096 Notice to alleged genetic parent when parentage not established. (1) When the parentage of a child has not been established under ORS 109.065 or has not been established or acknowledged under ORS 419B.609, the alleged genetic parent is entitled to reasonable notice in adoption or other court proceedings concerning the custody of the child, except for juvenile court proceedings, if the petitioner knows, or by the exercise of ordinary diligence should have known

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ORS 109.098 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

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ORS 109.100 Petition for support; effect of judgment; parties. (1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive parents of the child may be found, for an order upon the child’s parent or parents to provide for the child’s support. The child or the administrator may apply for the order by filing in the county a petition setting forth the facts and circumstances relied upon for the order. If satisfied that a just cause exists, the court shall direct that the parents appear at a time set by the court to show cause why an order of support should not be entered in the matter

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ORS 109.103 Proceeding to determine custody or support of child. (1) If a child is born to an unmarried person and parentage has been established under ORS 109.065, or if a child is born to a married person by an individual other than the spouse of the parent who gave birth to the child and parentage between the individual and the child has been established under ORS 109.065, either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 to 107.449 that relate to custody, support and parenting time, the provisions of ORS 107.755 to 107.795 that relate to mediation procedures, and the provisions of ORS 107.810, 107.820 and 107.830 that relate to life insurance, apply to the proceeding

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ORS 109.105 [1969 c.461 §1; renumbered 109.610]

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ORS 109.110 [Amended by 1961 c.338 §1; 1967 c.534 §14; repealed by 1969 c.619 §15]

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ORS 109.112 [1975 c.640 §10; 2025 c.592 §14; renumbered 109.628 in 2025]

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ORS 109.115 [1969 c.271 §2; renumbered 109.620]

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ORS 109.116 Validity of alleged genetic parent’s authorization, release or waiver. Any authorization, release or waiver given by a child’s alleged genetic parent with reference to the custody or adoption of the child or the termination of parental rights shall be valid even if given prior to the child’s birth. [1975 c.640 §11; 2025 c.592 §122]

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ORS 109.118 Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child. All decrees or orders heretofore entered in any court of this state concerning the custody, adoption or permanent commitment of a child are hereby declared valid upon the expiration of 30 days after July 3, 1975, notwithstanding that notice was not given to the putative father of the child. [1975 c.640 §13]

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ORS 109.119 Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention. (1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section

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ORS 109.120 [Repealed by 1969 c.619 §15]

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ORS 109.121 [1979 c.776 §2; 1983 c.369 §2; 1987 c.810 §2; 1993 c.33 §291; 1999 c.477 §1; 1999 c.569 §7; repealed by 2001 c.873 §2]

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ORS 109.123 [1979 c.776 §3; repealed by 2001 c.873 §2]

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ORS 109.124 Definitions for ORS 109.124 to 109.171. As used in ORS 109.124 to 109.171, unless the context requires otherwise

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ORS 109.125 Who may initiate proceedings; petition; timing; parties. (1)(a) Except as provided in paragraphs (b) to (d) of this subsection, any of the following may initiate judicial proceedings under ORS 109.124 to 109.171 to adjudicate the parentage of a child

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ORS 109.127 Consolidating proceedings. (1) Except as otherwise provided in subsection (2) of this section and subject to mandatory consolidation under ORS 419B.806, the court may consolidate a proceeding to adjudicate parentage of a child with a proceeding for adoption, termination of parental rights, juvenile dependency, child custody or visitation, child support, dissolution, annulment, legal separation, administration of an estate or other proceeding in which parentage of the child is a relevant fact

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ORS 109.130 [Amended by 1967 c.534 §15; repealed by 1969 c.619 §15]

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ORS 109.133 [1989 c.479 §2; renumbered 109.672 in 1991]

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ORS 109.135 Circuit court jurisdiction; equity action; place of commencement. (1) All judicial proceedings to adjudicate parentage of a child shall be commenced in the circuit court and shall for all purposes be deemed actions in equity. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Civil Procedure, including a proceeding adjudicating parentage that is consolidated with another proceeding under ORS 109.127 or 419B.806

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ORS 109.140 [Amended by 1959 c.638 §10; repealed by 1969 c.619 §15]

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