Title 11, Domestic Relations

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…

(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) …

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

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…

(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…

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…

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 the name without the notice required by ORS 33.420. [Amended by 1997 c.872 §24; 20…

(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…

(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…

(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…

(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…

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…

(1) When a petition for adoption is filed with a court, the petitioner or the petitioner’s 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…

(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.…

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…

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…

(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…

(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…

(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…

(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 …

(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…

(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 …

(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…

(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 …

(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…

Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 §13] Note: See note under 109.425.

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…

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.

(1) A genetic and social history and health history which excludes information identifying any birth parent or alleged genetic parent, member of a birth parent’s or alleged genetic parent’s family, the adoptee or the adoptive parents of the adoptee, may be provided, if available,…

(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 adoptee’s birth parents, alleged genetic parent or, except a…

(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 …

(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…

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…

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; (…

(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…

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…

(1) A gamete bank or fertility clinic providing services in this state shall collect from a donor the donor’s 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 …

(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…

(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…

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…

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…

(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…

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 child’s date of birth; (3) The relative caregiver’s name and date of birth…

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 person’s own actions and business; and (2) Have all the rights and be subject to all the liabilities of a …

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]

(1) The parent who gave birth to a child and the child’s 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 child’s alleged genetic parent…