Chapter 109 — Chapter 109

ORS 109.503 Access to adoption records for search; duties of searcher. (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 a search under ORS 109.502, the department, agency or third party individual or entity may examine adoption records maintained by the department and by private adoption agencies under ORS 109.435. However, the department, agency or third party individual or entity may examine the adoption records of a private adoption agency only if the private adoption agency allows the examination. The department, agency or third party individual or entity shall keep the records and information located in the records confidential

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ORS 109.504 Effect on subsequent searches when person sought in initial search refuses contact; other restrictions on searches. (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 requesting another search for a birth parent or alleged genetic parent not previously contacted

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ORS 109.505 Support services; adoption and reunion issues. Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided

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ORS 109.506 Rulemaking; fees. The Department of Human Services by rule shall establish

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ORS 109.507 Access to Department of Human Services records required; access to private agency records discretionary. (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 ORS 109.502

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ORS 109.510 [Amended by 1973 c.827 §14; 2005 c.22 §91; renumbered 109.621 in 2025]

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ORS 109.518 Definitions for ORS 109.518 to 109.525. As used in ORS 109.518 to 109.525

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ORS 109.519 Collection of information. (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

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ORS 109.520 [Amended by 1953 c.343 §2; 1957 c.710 §12; 1973 c.827 §15; renumbered 109.625 in 2025]

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ORS 109.522 Disclosure of identifying information and medical history. (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 donor who provided the gametes

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ORS 109.525 Recordkeeping. (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 screening and testing and comply with reporting requirements under state or federal law

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ORS 109.550 [1977 c.525 §2; 1993 c.33 §293; repealed by 1993 c.546 §141]

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ORS 109.555 [1977 c.525 §3; 1979 c.266 §2; 1993 c.33 §294; repealed by 1993 c.546 §141]

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ORS 109.560 [1977 c.525 §4; 1993 c.33 §295; repealed by 1993 c.546 §141]

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ORS 109.565 [1977 c.525 §5; repealed by 1993 c.546 §141]

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ORS 109.570 Legislative findings. The Legislative Assembly finds that

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ORS 109.572 Definitions for ORS 109.570 to 109.580. As used in ORS 109.570 to 109.580

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ORS 109.575 Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority. (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 legal parent or guardian to the treatment or services, the consent of the legal parent or guardian cannot be obtained

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ORS 109.580 Relative caregiver affidavit. 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

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ORS 109.610 [Formerly 109.105; 1977 c.303 §1; 2012 c.26 §5; 2015 c.736 §48; 2019 c.456 §§1,1a; repealed by 2023 c.228 §52]

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ORS 109.620 [Formerly 109.115; repealed by 1973 c.827 §83]

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ORS 109.621 Age of majority. 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

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ORS 109.625 Majority of married persons. 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]

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ORS 109.628 (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

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ORS 109.630 [1971 c.726 §1; 1973 c.454 §1; repealed by 1973 c.827 §83]

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ORS 109.640 Right to reproductive health care, medical treatment or dental treatment without parental consent. (1) As used in this section, “reproductive health care” has the meaning given that term in ORS 435.190, except that “reproductive health care” does not include the elective sterilization of a minor under 15 years of age

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ORS 109.650 Disclosure without minor’s consent and without liability. A hospital or a physician, physician associate, nurse practitioner, naturopathic physician, dentist or optometrist described in ORS 109.640 may advise a parent or legal guardian of a minor of the care, diagnosis or treatment of the minor or the need for any treatment of the minor, without the consent of the minor, and is not liable for advising the parent or legal guardian without the consent of the minor. [1971 c.381 §2; 2005 c.471 §8; 2010 c.91 §2; 2014 c.45 §12; 2017 c.356 §5; 2024 c.73 §28]

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ORS 109.660 [1971 c.381 §3; 1973 c.827 §16; repealed by 2023 c.228 §52]

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ORS 109.670 Right to donate blood. (1) Any person 16 years of age or over may donate blood to any blood program without obtaining permission of a parent or guardian

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ORS 109.672 Certain persons immune from liability for providing care to minor. (1) No person licensed, certified or registered to practice a health care profession or health care facility shall be liable for damages in any civil action arising out of the failure of the person or facility to obtain the consent of a parent to the giving of medical care or treatment to a minor child of the parent if consent to the care has been given by the other parent of the child

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ORS 109.675 Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent. (1) A minor 14 years of age or older may obtain, without parental knowledge or consent

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ORS 109.680 Disclosure by mental health care provider without minor’s consent; civil immunity. (1) As used in this section, “mental health care provider” means a physician or physician associate licensed by the Oregon Medical Board, psychologist licensed by the Oregon Board of Psychology, nurse practitioner registered by the Oregon State Board of Nursing, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule

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ORS 109.685 Immunity from civil liability for person providing treatment or diagnosis. A physician, physician associate, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program described in ORS 109.675 who in good faith provides diagnosis or treatment to a minor as authorized by ORS 109.675 shall not be subject to any civil liability for providing such diagnosis or treatment without consent of the parent or legal guardian of the minor. [1985 c.525 §3; 1989 c.721 §49; 2009 c.442 §32; 2009 c.595 §73; 2013 c.178 §3; 2014 c.45 §15; 2017 c.356 §8; 2024 c.73 §31]

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ORS 109.690 Parent or guardian not liable for payment under ORS 109.675. If diagnosis or treatment services are provided to a minor pursuant to ORS 109.675 without consent of the minor’s parent or legal guardian, the parent, parents or legal guardian of the minor shall not be liable for payment for any such services rendered. [1985 c.525 §4]

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ORS 109.695 Rules for implementation of ORS 109.675 to 109.695. For the purpose of carrying out the policy and intent of ORS 109.675 to 109.695 while taking into account the respective rights of minors at risk of chemical dependency or mental or emotional disorder and the rights and interests of parents or legal guardians of such minors, the Oregon Health Authority shall adopt rules for the implementation of ORS 109.675 to 109.695 by community mental health programs approved to do so. Such rules shall provide for the earliest feasible involvement of the parents or guardians in the treatment plan consistent with clinical requirements of the minor. [1985 c.525 §5; 2009 c.595 §74]

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ORS 109.697 Right to contract for dwelling unit and utilities without parental consent. (1) The Legislative Assembly finds that there are in the State of Oregon unemancipated minors who are living apart from their parents and are homeless. Many of these minors are able financially to provide housing and utility services for themselves and their children, but cannot contract for these necessities due to perceived legal limitations affecting contracts with minors. The purpose of this legislation is to address those limitations

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ORS 109.700 [1973 c.375 §25; repealed by 1999 c.649 §55]

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ORS 109.701 Short title. ORS 109.701 to 109.834 may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. [1999 c.649 §1]

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ORS 109.704 Definitions for ORS 109.701 to 109.834. As used in ORS 109.701 to 109.834

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ORS 109.707 Proceedings governed by other law. ORS 109.701 to 109.834 do not govern a proceeding pertaining to the authorization of emergency medical care for a child. [1999 c.649 §3]

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ORS 109.710 [1973 c.375 §2; 1997 c.707 §23; repealed by 1999 c.649 §55]

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ORS 109.711 Application to Indian tribes. (1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), is not subject to ORS 109.701 to 109.834 to the extent that the proceeding is governed by the Indian Child Welfare Act

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ORS 109.714 International application of ORS 109.701 to 109.834. (1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying ORS 109.701 to 109.771

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ORS 109.717 Effect of child custody determination. A child custody determination made by a court of this state that has jurisdiction under ORS 109.701 to 109.834 binds all persons who have been served in accordance with the laws of this state or notified in accordance with ORS 109.724 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. [1999 c.649 §6]

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ORS 109.720 [1973 c.375 §§1,23; repealed by 1999 c.649 §55]

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ORS 109.721 Priority. If a question of existence or exercise of jurisdiction under ORS 109.701 to 109.834 is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. [1999 c.649 §7]

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ORS 109.724 Notice to persons outside state. (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective

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ORS 109.727 Appearance and limited immunity. (1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding

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ORS 109.730 [1973 c.375 §3; repealed by 1999 c.649 §55]

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ORS 109.731 Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 109.701 to 109.834

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