Title 11, Domestic Relations

(1) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: (a) The Association for the Advancement of Blood and Biotherapies, or a successor to its functions; or (b) An accrediting bod…

(1) A report of genetic testing must be in writing and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of ORS 109.181 to 109.203 is self-authenticating. (2) Documentation from a testing laboratory of the following …

(1) Except as otherwise provided in ORS 109.182 (2), the court shall admit a report of genetic testing ordered by the court under ORS 109.184 as evidence of the truth of the facts asserted in the report. (2) A party may object to the admission of a report described in subsection …

(1) An individual is rebuttably presumed to be a genetic parent of a child if genetic testing complies with ORS 109.181 to 109.203 and the results of the testing disclose: (a) The individual has at least a 99 percent probability of parentage, using a prior probability of 0.50, as…

(1) Payment of the cost of initial genetic testing must be made: (a) By the Child Support Program if child support enforcement services are being provided under ORS 25.080; (b) By the individual or agency that made the request for genetic testing; (c) As agreed by the parties; or…

The court or the administrator shall order additional genetic testing at the request of an individual who contests the result of the initial testing under ORS 109.191. If initial genetic testing under ORS 109.191 identified an individual as a genetic parent of the child, the cour…

(1) The court may order relatives of an alleged genetic parent to submit specimens for testing if: (a) A genetic testing specimen is not available from the alleged genetic parent; (b) The individual seeking genetic testing demonstrates good cause and the court finds that the circ…

If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual. [2025 c.592 §49]

(1) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling. (2) If more than one sibling is identified under ORS 1…

Release of a report of genetic testing for parentage is subject to the privacy protections under ORS 192.531 to 192.549. [2025 c.592 §51]

ORS 109.181 to 109.203 apply to criminal cases for nonsupport under ORS 163.555 subject to the following limitations and provisions: (1) An order for the tests shall be made only upon application of a party or on the court’s initiative. (2) The compensation of the experts shall b…

(1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: (a) An alleged intended parent; (b) The pare…

A donor is not a parent of a child conceived by assisted reproduction. [2025 c.592 §57]

(1) An individual’s parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement: (a) Is established by operation of law if: (A) Before, on or after the child’s birth, the individual consents in writing to the assisted reproduction; (B) The writ…

The court shall find that an individual who is the presumed parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, is not the parent of the child and that the presumption is rebutted if: (1)(a) The individual provided the gametes used in the…

If the marriage of a parent who gave birth to a child conceived by assisted reproduction, other than under a surrogacy agreement, is terminated through dissolution, annulment or legal separation before the transfer that results in a pregnancy, the former spouse of the parent who …

(1) An individual who consents to assisted reproduction, other than under a surrogacy agreement, may withdraw consent any time before a transfer that results in a pregnancy by giving written notice of the withdrawal of consent to the person who agreed to give birth to a child con…

(1) If an individual who intends to be a parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, dies during the period between the date of transfer and the birth of the child, the individual’s death does not preclude the establishment of the…

(1) An individual may enter into an agreement to act as a gestational surrogate only if the individual: (a) Has attained 21 years of age; (b) Has previously given birth to at least one child; (c) Has completed a medical evaluation related to the surrogacy arrangement and the medi…

A gestational surrogacy agreement must be executed in compliance with the following rules: (1)(a) At least one party must be a resident of this state; (b) The transfer that results in the pregnancy must occur in this state; or (c) The parties must all intend that the child be bor…

(1) A gestational surrogacy agreement must comply with the following requirements: (a) A surrogate agrees to attempt to become pregnant by means of assisted reproduction. (b) The surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a child …

(1) Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties: (a) The subsequent marriage of a surrogate does not affect the validity of the agreement, the consent of the surrogate’s new spouse to the agreement is …

(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: (a) To a party to the proceeding; (b) To a child conceived by assisted reproduc…

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 exc…

(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…

(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. (2) Except as oth…

(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. (2) Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in…

(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: (a) Declaring that eac…

(1) A gestational surrogacy agreement that complies with ORS 109.222 to 109.244 is enforceable. (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…

As used in ORS 109.266 to 109.410, unless the context requires otherwise: (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 Ser…

(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. (2) An adoptive parent and a birth parent may enter into a written agreement, approved by the court, to permit continuing contact between the bir…

(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: (a) Consider each prospective adoptive parent on the basis of the prospective adoptive parent’s ability to mee…

(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: (a) Enter a judgment under ORS 109.…

(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. (2) Th…

(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. (2) One p…

(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 com…

(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…

(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: (a) The department; (b) A public child welfare agency in another state, …

(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: (a) The full name of the petitioner; (b) The state and length of residency in the state of the…

(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 e…

(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. (2) The cle…

(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: (a) The parents of the child, or the survivor of the parents. (b) The guardian of the chi…

(1) As used in this section, “parent” has the meaning given that term in ORS 419B.603. (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 …

(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, …

(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. H…

(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 …

(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: (a) Surrendered to it for the purpose of adoption under ORS 418.270 if compliance is had with the provisions of tha…

(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 is adjudicated not to be the parent of the child, the spouse’s authorization or waiver is not required in adoption, …

(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…

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.…