5 chapters · 447 sections in this title.
ORS 109.001 Breast-feeding in public place
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A woman may breast-feed her child in a public place. [1999 c.306 §1] Note: 109.001 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for furth…
ORS 109.002 Definitions for ORS chapter 109
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As used in ORS chapter 109: (1) Acknowledged parent means an individual who has signed an effective acknowledgment of parentage, as described in ORS 109.070. (2) Adjudicated parent means an individual who has been adjudicated to be a parent of a child by a court with jurisdic…
ORS 109.003 Attorney fees; intervenor
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In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against any person who has appeared or intervened in the proceeding. [1997 c.90 §4; 2005 c.22 §84]
ORS 109.010 Duty of support
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Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances.
ORS 109.012 Liability of parents for expenses and education of children
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(1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who have not married each other. The parents may be sued jointly or separately for the expenses and education of the minor child. (b) This subsecti…
ORS 109.015 Proceedings for child support if child receives public assistance
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If public assistance is provided for any dependent child, the administrator may initiate proceedings under ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 25.501 to 25.556 or 419B.400 to obtain support for the child from one or both parents or f…
ORS 109.020 When childs maintenance and education may be defrayed out of income of own property
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If any minor, whose parent is living, has property the income of which is sufficient for the maintenance and education of the minor in a manner more expensive than the parent can reasonably afford, regard being had to the situation of the parents family and to all the circumstan…
ORS 109.030 Equality in rights and responsibilities of parents
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The rights and responsibilities of the parents, in the absence of misconduct, are equal, and each parent is as fully entitled to the custody and control of the children and their earnings as the other parent. In case of the death of one parent, the other parent shall come into fu…
ORS 109.035 Security required before foreign travel with child
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(1) As used in this section: (a) Custody order includes any order or judgment establishing or modifying custody of, or parenting time or visitation with, a minor child as described in ORS 107.095, 107.105 (1), 107.135 or 109.103. (b) Foreign country means any country that: (A…
ORS 109.041 Relationship between adopted child and natural and adoptive parents
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(1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and (a) The adoptive parents of the adopted person, their d…
ORS 109.050 Relation of adopted child to adoptive parents
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An adopted child bears the same relation to adoptive parents and their kindred in every respect pertaining to the relation of parent and child as the adopted child would if the adopted child were the natural child of such parents.
ORS 109.056 Delegation of certain powers by parent or guardian; delegation during period of military service
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(1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian r…
ORS 109.060 Legal status and legal relationships when parents not married
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The legal status and legal relationships and the rights and obligations between a person and the descendants of the person, and between a person and parents of the person, their descendants and kindred, are the same for all persons, whether or not the parents have been married. […
ORS 109.064 Child as party; appointment of attorney
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(1) In a proceeding to adjudicate the parentage of a child, other than a proceeding under ORS chapter 419B, the child is a permissive party to the proceeding if the child has not attained 18 years of age. (2) The court shall appoint an attorney to represent a child who has not at…
ORS 109.065 Establishing parentage
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Parentage may be established between a person and a child by: (1) The person having given birth to the child, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement; (2) An unrebutted presumption of parentage under ORS 109.067; (3) An adju…
ORS 109.067 Presumption of parentage; challenging presumption
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(1) An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement: (a) The individual is married to the parent who gave birth to the child at the time of the childs birth, with…
ORS 109.070 Voluntary acknowledgment of parentage; rescission; challenge
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(1) A parent who gave birth to a child and a childs alleged genetic parent may establish parentage of the child: (a) By filing with the State Registrar of the Center for Health Statistics a voluntary acknowledgment of parentage form as prescribed by rule under ORS 432.098: (A) O…
ORS 109.072 Petition to vacate or set aside parentage determination
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(1) As used in this section: (a)(A) Parentage judgment means a judgment or administrative order that: (i) Expressly or by inference determines the parentage of a child, or that imposes a child support obligation based on the parentage of a child; and (ii) Resulted from a procee…
ORS 109.073 Social Security number of parent in parentage order, judgment or declaration
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Except as otherwise provided in ORS 25.020, the final four digits of the Social Security number of a parent who is subject to a parentage determination pursuant to ORS 25.501 to 25.556 or 109.065 (5) or (7) shall be included in the order, judgment or other declaration establishin…
ORS 109.075 Binding effect of determination of parentage
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(1) Except as otherwise provided in subsection (2) of this section: (a) A signatory to an acknowledgment of parentage is bound by the acknowledgment as provided in ORS 25.554, 109.070, 109.072 and 432.098; and (b) A parent to an adjudication of parentage by a court acting under c…
ORS 109.082 Uniformity of application and construction
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In applying and construing ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform parentage act. [2025 c…
ORS 109.084 Relation to Electronic Signatures in Global and National Commerce Act
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ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq, but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electroni…
ORS 109.090 Interpretation of ORS 109.060 to 109.090
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(1) The provisions of ORS 109.060 to 109.090 shall apply to all persons, irrespective of whether they are born before or after August 20, 1957. ORS 109.060 to 109.090 shall not be construed to affect a decree of distribution entered, or any probate proceeding closed, prior to Aug…
ORS 109.092 Obligation to recognize responsibility for conception; surrender of child for adoption
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(1) When it is determined that a person is pregnant with a child, the person and any individual to whom the pregnant person is not married and with whom the pregnant person engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that …
ORS 109.094 Rights of parent when parentage established; procedure when parentage established
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Upon the parentage of a child being established in the proceedings, a parent shall have the same rights as a parent who is or was married to the parent who gave birth to the child. The clerk of the court shall certify the fact of parentage to the Center for Health Statistics of t…
ORS 109.096 Notice to alleged genetic parent when parentage not established
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(1) When the parentage of a child has not been established under ORS 109.065 or has not been established or acknowledged under ORS 419B.609, the alleged genetic parent is entitled to reasonable notice in adoption or other court proceedings concerning the custody of the child, exc…
ORS 109.098 Objection of alleged genetic parent in proceeding referred to in ORS 109.096; effect of failure to appear and object
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(1) If an alleged genetic parent of a child by due appearance in a proceeding of which the alleged genetic parent is entitled to notice under ORS 109.096 objects to the relief sought, the court: (a)(A) May stay the adoption or other court proceeding to await the outcome of the pr…
ORS 109.100 Petition for support; effect of judgment; parties
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(1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive parents of the child may be found, for an order upon the childs parent or parents to provide for t…
ORS 109.103 Proceeding to determine custody or support of child
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(1) If a child is born to an unmarried person and parentage has been established under ORS 109.065, or if a child is born to a married person by an individual other than the spouse of the parent who gave birth to the child and parentage between the individual and the child has be…
ORS 109.116 Validity of alleged genetic parents authorization, release or waiver
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Any authorization, release or waiver given by a childs alleged genetic parent with reference to the custody or adoption of the child or the termination of parental rights shall be valid even if given prior to the childs birth. [1975 c.640 §11; 2025 c.592 §122]
ORS 109.118 Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child
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All decrees or orders heretofore entered in any court of this state concerning the custody, adoption or permanent commitment of a child are hereby declared valid upon the expiration of 30 days after July 3, 1975, notwithstanding that notice was not given to the putative father of…
ORS 109.119 Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention
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(1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or…
ORS 109.124 Definitions for ORS 109.124 to 109.171
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As used in ORS 109.124 to 109.171, unless the context requires otherwise: (1) Child attending school has the meaning given that term in ORS 107.108. (2) Child born out of wedlock means a child born to an unmarried person or to a married person by another person who is not the…
ORS 109.125 Who may initiate proceedings; petition; timing; parties
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(1)(a) Except as provided in paragraphs (b) to (d) of this subsection, any of the following may initiate judicial proceedings under ORS 109.124 to 109.171 to adjudicate the parentage of a child: (A) The parent who gave or will give birth to the child, unless a court has adjudicat…
ORS 109.127 Consolidating proceedings
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(1) Except as otherwise provided in subsection (2) of this section and subject to mandatory consolidation under ORS 419B.806, the court may consolidate a proceeding to adjudicate parentage of a child with a proceeding for adoption, termination of parental rights, juvenile depende…
ORS 109.135 Circuit court jurisdiction; equity action; place of commencement
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(1) All judicial proceedings to adjudicate parentage of a child shall be commenced in the circuit court and shall for all purposes be deemed actions in equity. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Ci…
ORS 109.145 Court may proceed despite failure to appear; evidence required
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If a respondent fails to answer or fails to appear at trial, the court shall have the power to proceed accordingly. In such case, the court may adjudicate the respondents parentage or nonparentage of the child and may impose such obligations on the respondent as it deems reasona…
ORS 109.148 Parentage of child conceived by rape
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(1) As used in this section, rape means the commission of an act constituting rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction. (2) A court with jurisdiction to adjudicate a childs parentage may adjudicate an individuals nonparentage …
ORS 109.151 Adjudicating competing claims of parentage
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(1) Except as otherwise provided in ORS 109.148, in a proceeding to adjudicate competing claims of, or challenges under ORS 109.067 (3), 109.070 or 109.072 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child,…
ORS 109.154 Temporary child support pending determination of parentage
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(1) Notwithstanding the objections of a party to an order that seeks to establish parentage, parentage of a child may be presumed for the purpose of establishing temporary child support if the person whose parentage is being established is: (a) A presumed parent; (b) Petitioning …
ORS 109.155 Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing
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(1) The court, in a private hearing, shall first determine the issue of parentage. If the respondent admits the parentage, the admission shall be reduced to writing, verified by the respondent and filed with the court. If the parentage is denied, corroborating evidence, in additi…
ORS 109.158 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies
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(1) Upon motion of either party to a judgment entered under ORS 109.155, the court may set aside, alter or modify any portion of the judgment that provides for the support of the minor child or child attending school, as defined in ORS 107.108. As to any installment or payment of…
ORS 109.161 Determination of legal custody after parentage established
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(1) If parentage of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 25.501 to 25.556 or 109.124 to 109.171, or if parentage is established by the filing of a voluntary acknowledgment of pare…
ORS 109.167 Notice to Center for Health Statistics after petition filed; filing notice
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(1) After filing a petition described in ORS 109.125 and 109.135, the petitioner shall cause the Center for Health Statistics of the Oregon Health Authority to be served by mail with a notice setting forth the court in which the petition was filed, the date of the filing therein,…
ORS 109.169 Legality of contract between parents of child born out of wedlock
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Any contract between a parent who gave birth to a child and the childs alleged genetic parent is a legal contract, and the admission by the alleged genetic parent of parentage of the child is sufficient consideration to support the contract. [Formerly 109.230]
ORS 109.171 Records open to public
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Records of proceedings to adjudicate the parentage of a childs alleged genetic parent filed in circuit court shall be open for inspection by any person without order of the court. [Formerly 109.231]
ORS 109.173 Attorney fees
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In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 to 109.171, the court may render judgment awarding to a party, or directly to the partys attorney, a sum of money determined to be reasonable as an attorney fee and costs…
ORS 109.181 Definitions for ORS 109.181 to 109.203
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As used in ORS 109.181 to 109.203: (1) Combined relationship index means the product of all tested relationship indices. (2) Ethnic or racial group means, for the purpose of genetic testing, a recognized group that an individual identifies as the individuals ancestry or part…
ORS 109.182 Scope; limitation on use of genetic testing
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(1) ORS 109.181 to 109.203 govern genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual: (a) Voluntarily submits to testing; or (b) Is tested under an order of the court or a child support agency. (2) Genetic testing may not be used: (a)…
ORS 109.184 Authority to order or deny genetic testing
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(1) Except as otherwise provided in ORS 109.181 to 109.203, in a proceeding in this state in which parentage is a relevant fact, the court or the administrator: (a) May order the child and any other individual to submit to genetic testing: (A) Upon the courts or administrators …