Chapter 109 — Chapter 109

ORS 109.318 [1957 c.710 §5 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §107; 2005 c.22 §87; renumbered 109.327 in 2013]

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ORS 109.319 [2013 c.346 §6; 2014 c.71 §7; 2015 c.511 §3; 2015 c.512 §3; 2016 c.106 §43; 2021 c.398 §40; renumbered 109.289 in 2021]

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ORS 109.320 [Repealed by 1957 c.710 §1 (109.312 to 109.329 enacted in lieu of 109.320)]

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ORS 109.321 [Formerly 109.312; 2015 c.511 §10; 2017 c.651 §32; 2021 c.398 §21; renumbered 109.301 in 2021]

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ORS 109.322 Consent of parent with mental illness or intellectual disability; consent of imprisoned parent. (1) If a parent has been adjudged to be a person with mental illness under ORS 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS 427.290, and remains so at the time of the adoption proceedings, or if a parent is imprisoned in a state or federal prison under a sentence for a term of not less than three years and has actually served three years, the petitioner, in accordance with ORS 109.330, shall serve on the parent, if the parent has not consented in writing to the adoption, a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent

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ORS 109.323 Consent when custody of child has been awarded in divorce proceedings. (1) If the legal custody of the child has been awarded in marital dissolution proceedings, except as provided in ORS 109.330 (8) if the child is an Indian child, the written consent of the person to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial parent consents to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the noncustodial parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parent’s consent, and the objections of the noncustodial parent shall be heard if appearance is made

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ORS 109.324 Consent when parent has deserted or neglected child. (1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent

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ORS 109.325 Consent by Department of Human Services or approved child-caring agency of this state. (1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a child who has been

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ORS 109.326 (1) If a parent who gave birth to a child was married at the time of the conception or birth of the child, and the spouse of the parent who gave birth to the child signs an effective denial of parentage or is adjudicated not to be the parent of the child, the spouse’s authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child

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ORS 109.327 Consent by organization located outside Oregon. (1) An agency or other organization, public or private, located entirely outside of this state, or an authorized officer or executive thereof, acting in loco parentis, may consent to the adoption of a child under the custody, control or guardianship of such agency or organization or officer or executive thereof, if such agency or organization or officer or executive thereof is licensed or otherwise has authority in the jurisdiction in which such agency or other organization is located to consent to adoptions in loco parentis. When consent is given under this section, no other consent is required. The license or other authority to consent to adoption in loco parentis shall be conclusively presumed upon the filing with the court of a duly certified statement from an appropriate governmental agency of such other state that such agency or organization or officer or executive is licensed or otherwise has authority in such state to consent to adoptions in loco parentis

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ORS 109.328 Consent of child 14 years of age or older. If the child is 14 years of age or older, the adoption shall not be made without the consent of the child. The consent required by this section is in addition to, and not in lieu of, the consent otherwise required by law. [1957 c.710 §9 (109.312 to 109.329 enacted in lieu of 109.320)]

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ORS 109.329 Adoption of person 18 years of age or older or legally married. (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 the person to be adopted. The written consents shall be filed with the petition

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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. (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

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ORS 109.331 Consenting agency disclosure of county and case number of adoption proceeding. 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 proceeding to

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ORS 109.332 Grandparent visitation in stepparent adoption. (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 with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition

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ORS 109.335 Appointment of guardian pending further adoption proceedings. 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 its own motion enter an order appointing the petitioner or some other suitable person guardian of the minor child pending further order of the court or entry of a judgment under ORS 109.350. [1965 c.187 §1; 1967 c.231 §1; 1973 c.823 §108; 1995 c.664 §83; 2003 c.576 §149]

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ORS 109.340 [Repealed by 1957 c.412 §2 (7.211 enacted in lieu of 109.340)]

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ORS 109.342 Medical history of child and genetic parents required; content; form. (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

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ORS 109.345 [1961 c.99 §1; 1969 c.198 §56; repealed by 1993 c.717 §11]

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ORS 109.346 Adoption-related counseling for birth parent. (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 sessions of adoption-related counseling after surrender or relinquishment of the child for adoption

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ORS 109.347 Civil action for failure to pay for counseling; attorney fees. 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-related counseling. The court shall award reasonable attorney fees and costs of the action to a prevailing birth parent. [2001 c.586 §3]

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ORS 109.350 Judgment of adoption or readoption. (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 reference to the degree and condition of the parents, and that it is fit and proper that such adoption or readoption be effected, a judgment shall be made setting forth the facts, and ordering that from the date of the judgment the child, to all legal intents and purposes, is the child of the petitioner

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ORS 109.353 Notice of voluntary adoption registry required before judgment entered; waiver. 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 voluntary adoption registry established under ORS 109.450 and have been given information on how to access those services. The court may waive this requirement upon a finding of good cause. [1995 c.730 §5; 1999 c.160 §1; 2003 c.576 §153]

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ORS 109.360 Change of adopted child’s name. 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; 2003 c.576 §154; 2017 c.100 §5]

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ORS 109.370 [Amended by 1957 c.403 §7; 1961 c.98 §1; 1969 c.591 §289; repealed by 1993 c.717 §11]

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ORS 109.380 [Repealed by 1959 c.609 §5]

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ORS 109.381 Effect of judgment of adoption. (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 and not by a court of special or inferior jurisdiction, and jurisdiction over the persons and the cause shall be presumed to exist

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ORS 109.382 Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress. (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

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ORS 109.383 Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child; waiver of notice; motion to return custody and for restoration of parental rights. (1) As used in this section

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ORS 109.385 Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees. (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

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ORS 109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings. 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

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ORS 109.400 Adoption report form. (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

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ORS 109.410 Certificate of adoption; form; persons eligible to receive certificate; status. (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. The certificate shall be substantially in the following form

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ORS 109.425 Definitions for ORS 109.425 to 109.507. As used in ORS 109.425 to 109.507

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ORS 109.430 Policy and purpose. 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 underlying adoption must be maintained. The state recognizes that some persons who were adopted as children have a strong desire to obtain identifying information about their birth parents, alleged genetic parent or genetic siblings while other such adoptees have no such desire. The state further recognizes that some birth parents have a strong desire to obtain identifying information about their genetic children who were adopted, while other birth parents have no such desire. The state fully recognizes the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees and the adoptive parents. The purpose of ORS 109.425 to 109.507 and 432.250 is to

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ORS 109.435 Adoption records to be permanently maintained. (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

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ORS 109.440 [1983 c.672 §4; 1995 c.79 §41; 1995 c.730 §9; 2001 c.586 §1; repealed by 2013 c.346 §7]

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ORS 109.445 Information of registry confidential. (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

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ORS 109.450 Child placement agency to maintain registry; Department of Human Services duties. (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

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ORS 109.455 Persons eligible to use registry. (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 obtaining identifying information about birth parents, alleged genetic parents, adoptees and genetic siblings of adoptees

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ORS 109.460 Persons eligible to register; information authorized for release; expiration of registration on behalf of minor. (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 parent may register with a registry by submitting a signed affidavit to the appropriate registry. The affidavit shall contain the information listed in ORS 109.465 and a statement of the registrant’s willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release to the other relevant persons who register identifying information related to the registrant or, if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, identifying information related to the minor adoptee or sibling. Each registration shall be accompanied by the registrant’s, or if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, the minor’s, certified copy of the record of live birth

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ORS 109.465 Content of affidavit; notice of change in information. (1) The affidavit required under ORS 109.460 shall contain

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ORS 109.470 Continuing registration by birth parent or alleged genetic parent; reregistration by minor as adult; fee. (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

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ORS 109.475 Processing affidavits; notification of match. (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 deceased birth parent of an adoptee, the adoptive parent of a deceased adoptee or the parents or adult sibling of a deceased birth parent. The processing shall include research from agency records, and if necessary from court records, to determine whether the registrants match

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ORS 109.480 Counseling of registrant. (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

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ORS 109.485 Registry information to be maintained permanently. Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 §13]

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ORS 109.490 Limits on releasing information. 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 adoptee or a deceased birth parent of an adoptee, or the county in which an adoption was finalized. A registry may not release information of any kind pertaining to

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ORS 109.495 Registrant fee. 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]

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ORS 109.500 Genetic, social and health history; availability; fee. (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, from an agency upon request to the following persons

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ORS 109.502 Search for birth parents, alleged genetic parent, genetic siblings or county where adoption finalized; who may initiate; information required; fee. (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 as otherwise provided in ORS 109.504 (2), for the adoptee’s genetic siblings, or for the county in which an adoption was finalized

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