Chapter 109 — Chapter 109
302 sections in this chapter.
ORS 109.232 Confidentiality; sealing of court records. (1) A petition and any other document related to a surrogacy agreement filed with the court shall be sealed, exempt from public disclosure under ORS 192.311 to 192.478 and may not be disclosed except
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(a) To a party to the proceeding; (b) To a child conceived by assisted reproduction under the agreement; (c) To an attorney of a party to the proceeding or a child conceived by assisted reproduction under the agreement; (d) The court; or (e) Pursuant to a court order for good cau…
ORS 109.234 Jurisdiction. During the period after the execution of a gestational surrogacy agreement until 90 days after the birth of a child conceived by assisted reproduction under the agreement, a court of this state conducting a proceeding in which the parentage of the child is a relevant fact has exclusive, continuing jurisdiction over all matters arising out of the agreement. Nothing in this section grants the court jurisdiction to make or enforce a judgment of support or a child custody determination if the court does not otherwise have such jurisdiction. [2025 c.592 §68]
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Note: See note under 109.222.
ORS 109.235 [1975 c.640 §12; renumbered 109.308 in 2001]
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[Repealed or reserved.]
ORS 109.236 Termination of gestational surrogacy agreement. (1) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving written notice of termination to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer
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(2) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (1) of this section, the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the ag…
ORS 109.237 [1989 c.417 §1; renumbered 109.173 in 2025]
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[Repealed or reserved.]
ORS 109.238 Parentage under gestational surrogacy agreement; challenge when child is alleged to be genetic child of gestational surrogate. (1) Except as otherwise provided in subsection (3) of this section or ORS 109.240 (2) or 109.244, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child
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(2) Except as otherwise provided in subsection (3) of this section or ORS 109.244, neither a gestational surrogate nor the surrogate’s spouse or former spouse, if any, is a parent of the child. (3)(a) If a child is alleged to be a genetic child of the individual who agreed to be …
ORS 109.239 [1977 c.686 §5; 2017 c.651 §4; repealed by 2025 c.592 §83]
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[Repealed or reserved.]
ORS 109.240 Parentage of deceased intended parent. (1) ORS 109.238 applies to an intended parent even if the intended parent dies during the period between the transfer resulting in a pregnancy and the birth of the child
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(2) Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in a child conceived by assisted reproduction under a gestational surrogacy agreement is the child’s parent only if: (a) The agreement provides that the intended parent woul…
ORS 109.242 (1) Except as otherwise provided in ORS 109.238 (3), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the circuit court for a judgment
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(a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent; (b) Declaring that the gestational surrogate and the surrogate’s spouse or former spouse, …
ORS 109.243 [1977 c.686 §6; 2017 c.651 §5; repealed by 2025 c.592 §83]
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[Repealed or reserved.]
ORS 109.244 Effect of gestational surrogacy agreement. (1) A gestational surrogacy agreement that complies with ORS 109.222 to 109.244 is enforceable
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(2) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with ORS 109.222 to 109.244, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of…
ORS 109.247 [1977 c.686 §7; 2017 c.651 §6; repealed by 2025 c.592 §83]
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[Repealed or reserved.]
ORS 109.250 [1953 c.628 §7; repealed by 2025 c.592 §53]
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[Repealed or reserved.]
ORS 109.251 [1981 c.401 §2; 1995 c.608 §5; 1999 c.80 §24; 2009 c.595 §70; 2017 c.651 §26; repealed by 2025 c.592 §53]
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[Repealed or reserved.]
ORS 109.252 [1953 c.628 §1; 1969 c.619 §13; 1983 c.762 §7; 1985 c.671 §43; 1999 c.80 §25; 2001 c.455 §18; 2007 c.71 §28; 2017 c.651 §27; 2021 c.398 §42; 2025 c.99 §60; repealed by 2025 c.592 §53]
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[Repealed or reserved.]
ORS 109.254 [1953 c.628 §2; 1981 c.401 §3; 1985 c.671 §44; 1999 c.80 §26; 2001 c.455 §19; 2017 c.651 §28; repealed by 2025 c.592 §53]
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[Repealed or reserved.]
ORS 109.256 [1953 c.628 §3; 1983 c.762 §8; 1985 c.671 §44a; repealed by 2025 c.592 §53]
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[Repealed or reserved.]
ORS 109.258 [1953 c.628 §4; 1985 c.671 §44b; 1999 c.80 §27; repealed by 2025 c.592 §53]
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[Repealed or reserved.]
ORS 109.259 [1997 c.746 §24b; 1999 c.80 §88; 2017 c.651 §29; 2025 c.592 §16; renumbered 109.154 in 2025]
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[Repealed or reserved.]
ORS 109.260 [1953 c.628 §5; 2011 c.259 §1; 2025 c.592 §52; renumbered 109.204 in 2025]
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[Repealed or reserved.]
ORS 109.262 [1953 c.628 §6; repealed by 2025 c.592 §53]
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[Repealed or reserved.]
ORS 109.264 [1993 c.596 §23; 2017 c.651 §30; repealed by 2025 c.592 §53]
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ADOPTION
ORS 109.266 Definitions for ORS 109.266 to 109.410. As used in ORS 109.266 to 109.410, unless the context requires otherwise
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(1) “Continued custody” of an Indian child has the meaning described in ORS 419B.606. (2) “Home study” means a written report documenting the result of an assessment conducted by the Department of Human Services, a licensed adoption agency or other public agency to evaluate the s…
ORS 109.268 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
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(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, a…
ORS 109.270 Rules regarding home studies and placement reports. (1) Rules adopted by the Department of Human Services for home studies and placement reports under ORS 109.276 (7) and (8) must, at a minimum, require the department to
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(a) Consider each prospective adoptive parent on the basis of the prospective adoptive parent’s ability to meet the individual needs of the child for safety, attachment and well-being; (b) Safeguard a child’s rights under ORS 419B.090 (3) by, except as provided in ORS 419B.654 (2…
ORS 109.272 Court required to act within six months of filing of petition for adoption; duty of clerk. (1) Not earlier than provided in ORS 109.276 and not later than six months from the date on which the petition for leave to adopt another is filed under ORS 109.276, the court before which the petition is pending shall hold a hearing and shall
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(a) Enter a judgment under ORS 109.350; (b) Continue the guardianship or legal custodial status of the child; (c) Waive the child to a court having jurisdiction under ORS 419B.100 or 419C.005; or (d) Take such other action as the court considers necessary. (2) The court before wh…
ORS 109.274 Confidentiality of petitioners. (1) 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
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(2) The preservation of confidentiality under this section does not relieve the court or any petitioners in an adoption proceeding from the duty to comply with the placement preferences under ORS 419B.654 (2) if the child is an Indian child. [Formerly 109.308]
ORS 109.276 Petition for adoption; residency and jurisdictional requirements; venue; home study; placement report; fee; rules; filing requirements for entry of judgment. (1) Any person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other person’s name. Except as provided in ORS 419B.529 or 419B.656, a separate petition must be filed for each person for whom leave to adopt is sought
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(2) One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (1) must be a resident of this state. As used in this subsection, “resident” means a person who has resided in this state continuously …
ORS 109.278 ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules. (1) In a proceeding for the adoption or readoption of a minor child, within 90 days after service of a petition or amended petition upon the Director of Human Services as required under ORS 109.285 or 109.385, the Department of Human Services shall file with the court an ICWA compliance report. The ICWA compliance report must reflect the department’s review of the petition or amended petition and must advise the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to make the findings required under subsection (2) of this section. Nothing in this subsection or subsection (3) of this section requires the department to make a determination of law regarding the documentation provided by the petitioner
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(2)(a) Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2). (b)(A) If the court fi…
ORS 109.281 Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising. (1) Each adoption petition filed pursuant to ORS 109.276 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
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(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 …
ORS 109.283 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 109.266 that is submitted by an Oregon resident seeking to adopt a child in the custody of
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(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 on the Placement of Children; or (c) A public child welfare agency in another country, following receipt of an ap…
ORS 109.285 Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality. (1) A petition for adoption of a minor child must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following
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(a) The full name of the petitioner; (b) The state and length of residency in the state of the petitioner and information sufficient to establish that the residency requirement of ORS 109.276 (2) has been met; (c) The current marital or domestic partnership status of the petition…
ORS 109.287 Adoption Summary and Segregated Information Statement; exhibits; confidentiality. (1) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for adoption of a minor child filed under ORS 109.276. The statement must summarize information in the adoption proceeding and include additional information and attached exhibits as required under this section. The statement must contain, at a minimum, the following information if known or readily ascertainable by the petitioner
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(a) The full name, permanent address and telephone number of each petitioner; (b) The current full name, the proposed adoptive name and the date and place of birth of the minor child; (c) The names, permanent addresses and telephone numbers of any person whose consent to the adop…
ORS 109.289 Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees. (1) The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court
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(2) The clerk, court administrator and any other person having custody of the records, papers and files in the court’s record of an adoption case shall cause the records, papers and files, both prior to entry of judgment and after entry of judgment of adoption, to be sealed. The …
ORS 109.301 Consent to adoption in general. (1) Except as provided in ORS 109.302 to 109.329, consent in writing to the adoption of a minor child pursuant to a petition filed under ORS 109.276 is required to be given by the following
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(a) The parents of the child, or the survivor of the parents. (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 proc…
ORS 109.302 Consent to adoption of Indian child; withdrawal of consent. (1) As used in this section, “parent” has the meaning given that term in ORS 419B.603
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(2)(a) If a petition filed under ORS 109.276 is for the adoption of an Indian child, except as otherwise provided in ORS 109.302 to 109.329, consent in writing to the adoption must be given by the following: (A) The Indian child’s parents, or the survivor of the parents. (B) If t…
ORS 109.304 [1993 c.717 §8; 2013 c.346 §1; 2021 c.398 §10; renumbered 109.266 in 2021]
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[Repealed or reserved.]
ORS 109.305 [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; renumbered 109.268 in 2021]
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[Repealed or reserved.]
ORS 109.306 [2015 c.795 §5; renumbered 109.270 in 2021]
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[Repealed or reserved.]
ORS 109.307 [1965 c.188 §2; 1983 c.369 §3; 1987 c.814 §2; 1993 c.33 §292; 1993 c.546 §117; 2003 c.576 §143; renumbered 109.272 in 2021]
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[Repealed or reserved.]
ORS 109.308 [Formerly 109.235; 2005 c.369 §2; 2021 c.398 §27; renumbered 109.274 in 2021]
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[Repealed or reserved.]
ORS 109.309 [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; 2013 c.346 §2; 2015 c.511 §7; 2015 c.795 §4; 2021 c.398 §2; renumbered 109.276 in 2021]
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[Repealed or reserved.]
ORS 109.310 [Amended by 1953 c.368 §2; 1957 c.403 §5; 1959 c.430 §3; 1963 c.188 §1; 1967 c.534 §17; 1969 c.441 §1; 1971 c.401 §4; 1977 c.252 §1; 1983 c.302 §1; 1983 c.396 §1; 1985 c.403 §3; 1991 c.249 §14; repealed by 1993 c.717 §1 (109.309 enacted in lieu of 109.310)]
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[Repealed or reserved.]
ORS 109.311 [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; 2013 c.346 §9; renumbered 109.281 in 2021]
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[Repealed or reserved.]
ORS 109.312 [1957 c.710 §2 (109.312 to 109.329 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; 2013 c.346 §10; renumbered 109.321 in 2013]
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[Repealed or reserved.]
ORS 109.313 [2011 c.120 §1; renumbered 109.283 in 2021]
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[Repealed or reserved.]
ORS 109.314 [1957 c.710 §3 (109.312 to 109.329 enacted in lieu of 109.320); 2005 c.369 §4; renumbered 109.323 in 2013]
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[Repealed or reserved.]
ORS 109.315 [2013 c.346 §4; 2015 c.511 §1; 2017 c.651 §31; 2021 c.398 §8; renumbered 109.285 in 2021]
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[Repealed or reserved.]
ORS 109.316 [1957 c.710 §4 (109.312 to 109.329 enacted in lieu of 109.320); 1971 c.401 §5; 1987 c.466 §3; 1995 c.664 §82; 2005 c.22 §86; renumbered 109.325 in 2013]
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[Repealed or reserved.]
ORS 109.317 [2013 c.346 §5; 2015 c.511 §2; 2021 c.398 §17; renumbered 109.287 in 2021]
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[Repealed or reserved.]