5 chapters · 447 sections in this title.
ORS 109.329 Adoption of person 18 years of age or older or legally married
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(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 t…
ORS 109.330 Notice when parent does not consent; notice when child has no living parent and no guardian or next of kin qualified to appear
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(1)(a) In the cases provided for in ORS 109.302, 109.322, 109.323 and 109.324, when a parent does not consent to the adoption of the child, the petitioner shall: (A) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the …
ORS 109.331 Consenting agency disclosure of county and case number of adoption proceeding
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The Department of Human Services or an approved child-caring agency of this state that has consented to the adoption of a child under ORS 109.325 shall, upon request and if available, disclose the county in which the adoption was finalized and the case number of the adoption proc…
ORS 109.332 Grandparent visitation in stepparent adoption
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(1) When a petition has been filed under ORS 109.276 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.285 may file a motion with the court asking the court to award a grandparent the right to regular visitation wit…
ORS 109.335 Appointment of guardian pending further adoption proceedings
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Notwithstanding the provisions of ORS chapter 125 that relate to the appointment of a guardian, when a petition is filed pursuant to ORS 109.276 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…
ORS 109.342 Medical history of child and genetic parents required; content; form
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(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 genetic parents as complete as possible under the circumstances. (2) When possible, the medical history shall include, but need not be limited to: (a) …
ORS 109.346 Adoption-related counseling for birth parent
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(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 s…
ORS 109.347 Civil action for failure to pay for counseling; attorney fees
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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-r…
ORS 109.350 Judgment of adoption or readoption
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(1) If, upon a petition for adoption or readoption 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 refere…
ORS 109.353 Notice of voluntary adoption registry required before judgment entered; waiver
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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 v…
ORS 109.360 Change of adopted childs name
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If in a petition for the adoption of a child a change of the childs name is requested, the court, upon entering a judgment granting the adoption, may also provide in the judgment for the change of the name without the notice required by ORS 33.420. [Amended by 1997 c.872 §24; 20…
ORS 109.381 Effect of judgment of adoption
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(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…
ORS 109.382 Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress
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(1) A petition to vacate a judgment of adoption of an Indian child under ORS 109.350 or 419B.529 may be filed in a state or local court of competent jurisdiction by a parent who consented to the adoption. (2) Upon the filing of a petition under this section, the court shall set a…
ORS 109.383 Notice of vacated judgment of adoption of Indian child or termination of adoptive parents parental rights to Indian child; waiver of notice; motion to return custody and for restoration of parental rights
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(1) As used in this section: (a) Former parent means a person who was previously the legal parent of an Indian child subject to a judgment of adoption under ORS 109.350 or 419B.529 and whose parental rights have not been restored under ORS 109.382 to 419B.652. (b) Prior Indian…
ORS 109.385 Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees
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(1) As used in this section, readoption means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state. (2) An adoption in a foreign nation under the laws of that nation of a person who is a…
ORS 109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings
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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 i…
ORS 109.400 Adoption report form
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(1) When a petition for adoption is filed with a court, the petitioner or the petitioners attorney shall file with the petition an adoption report form as provided in ORS 432.223. (2) Notwithstanding ORS 109.289, if the court enters a judgment of adoption, the clerk of the court…
ORS 109.410 Certificate of adoption; form; persons eligible to receive certificate; status
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(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.…
ORS 109.425 Definitions for ORS 109.425 to 109.507
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As used in ORS 109.425 to 109.507: (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 beco…
ORS 109.430 Policy and purpose
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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 u…
ORS 109.435 Adoption records to be permanently maintained
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(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 t…
ORS 109.445 Information of registry confidential
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(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 requir…
ORS 109.450 Child placement agency to maintain registry; Department of Human Services duties
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(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 sha…
ORS 109.455 Persons eligible to use registry
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(1) Only a birth parent, adult adoptee, adult genetic sibling of an adoptee, parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, adoptive parent of a deceased adoptee and parents or adult siblings of a deceased birth parent may use the registry for …
ORS 109.460 Persons eligible to register; information authorized for release; expiration of registration on behalf of minor
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(1) An adult adoptee, a birth parent, an alleged genetic parent, an adult genetic sibling of an adoptee, a parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling of a deceased birth…
ORS 109.465 Content of affidavit; notice of change in information
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(1) The affidavit required under ORS 109.460 shall contain: (a) The current name and address of the registrant and, where the registrant is the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, the current name and address of the minor adoptee or …
ORS 109.470 Continuing registration by birth parent or alleged genetic parent; reregistration by minor as adult; fee
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(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 reach…
ORS 109.475 Processing affidavits; notification of match
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(1) Upon receipt of the affidavit under ORS 109.460, the registry shall process each affidavit in an attempt to match the adoptee, the birth parent, the alleged genetic parent, the genetic siblings, the progeny of a deceased adoptee, a deceased genetic sibling of an adoptee or a …
ORS 109.480 Counseling of registrant
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(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 with a person employed or approved by the registry. (2) The counseling required under sub…
ORS 109.485 Registry information to be maintained permanently
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Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 §13] Note: See note under 109.425.
ORS 109.490 Limits on releasing information
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A registry shall release only information necessary for identifying a birth parent, an alleged genetic parent, an adult adoptee, an adult genetic sibling, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adopte…
ORS 109.495 Registrant fee
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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] Note: See note under 109.425.
ORS 109.500 Genetic, social and health history; availability; fee
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(1) A genetic and social history and health history which excludes information identifying any birth parent or alleged genetic parent, member of a birth parents or alleged genetic parents family, the adoptee or the adoptive parents of the adoptee, may be provided, if available,…
ORS 109.502 Search for birth parents, alleged genetic parent, genetic siblings or county where adoption finalized; who may initiate; information required; fee
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(1)(a) An adult adoptee or the adoptive parent of a minor or deceased adoptee may request the Department of Human Services or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for the adoptees birth parents, alleged genetic parent or, except a…
ORS 109.503 Access to adoption records for search; duties of searcher
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(1) When the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to whom the department or agency has delegated, or with whom the department or agency has contracted, to conduct searches under ORS 109.502 is requested to conduct …
ORS 109.504 Effect on subsequent searches when person sought in initial search refuses contact; other restrictions on searches
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(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 reques…
ORS 109.505 Support services; adoption and reunion issues
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Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided: (1) By the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to all persons requesting a search under OR…
ORS 109.506 Rulemaking; fees
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The Department of Human Services by rule shall establish: (1) Eligibility standards for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502; (…
ORS 109.507 Access to Department of Human Services records required; access to private agency records discretionary
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(1) The Department of Human Services shall allow an Oregon licensed adoption agency or a third party individual or entity with whom the department or agency has contracted to examine confidential adoption records maintained by the department as part of a search conducted under OR…
ORS 109.518 Definitions for ORS 109.518 to 109.525
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As used in ORS 109.518 to 109.525: (1) Assisted reproduction has the meaning given that term in ORS 109.002. (2) Donor has the meaning given that term in ORS 109.002. (3) Gametes has the meaning given that term in ORS 109.002. (4) Identifying information means: (a) The fu…
ORS 109.519 Collection of information
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(1) A gamete bank or fertility clinic providing services in this state shall collect from a donor the donors identifying information and medical history at the time of the donation. (2) A gamete bank or fertility clinic providing services in this state which receives gametes of …
ORS 109.522 Disclosure of identifying information and medical history
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(1) On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic providing services in this state which collected the gametes used in the assisted reproduction shall provide the child with identifying information of the d…
ORS 109.525 Recordkeeping
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(1) A gamete bank or fertility clinic providing services in this state that collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete s…
ORS 109.570 Legislative findings
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The Legislative Assembly finds that: (1) Current economic and cultural circumstances are such that relatives of minor children are playing an increasing role in ensuring the health, safety and education of minor children who, for many reasons, cannot live with and are not being c…
ORS 109.572 Definitions for ORS 109.570 to 109.580
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As used in ORS 109.570 to 109.580: (1) Educational services means enrollment of a minor child in a school to which the minor child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities. (2) Health care faci…
ORS 109.575 Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority
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(1) A relative caregiver acting pursuant to an affidavit under ORS 109.580 may consent to medical treatment and educational services for a minor child that a minor child cannot otherwise legally consent to if, after reasonable efforts have been made to obtain the consent of the l…
ORS 109.580 Relative caregiver affidavit
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A relative caregiver affidavit given to a health care provider or school is invalid unless it is signed and contains, at a minimum, the following information: (1) The name of the minor child; (2) The minor childs date of birth; (3) The relative caregivers name and date of birth…
ORS 109.621 Age of majority
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Except as provided in ORS 109.625, in this state any person shall be deemed to have arrived at majority at the age of 18 years, and thereafter shall: (1) Have control of the persons own actions and business; and (2) Have all the rights and be subject to all the liabilities of a …
ORS 109.625 Majority of married persons
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Except as provided in ORS 653.010, all persons shall be deemed to have arrived at the age of majority upon their being married according to law. [Formerly 109.520]
ORS 109.628 Majority of parents
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(1) The parent who gave birth to a child and the childs presumed parent, adjudicated parent, acknowledged parent or alleged genetic parent shall be deemed to have attained majority. (2) Regardless of age, the parent who gave birth to a child or the childs alleged genetic parent…