Title 11, Domestic Relations

A spouse in a marriage may designate the other spouse to be the spouse’s attorney in fact to control, sell and convey, mortgage, or bar dower or curtesy for the spouses’ mutual benefit, and may revoke the designation to the same extent and in the same manner as other persons. [Am…

(1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school…

(1) After the hearing of the petition for an order of support the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support. (2) The court has the same power to compel the attendance of witnesses or the production of testimony as…

(1) Notwithstanding any repeal of chapter 440, Oregon Laws 1943, known as the Oregon Community Property Law of 1943, spouses in a marriage who elected to come under the terms of that law may revoke the election upon filing in the office of the Secretary of State a notice of the s…

(1) All moneys received by the Secretary of State under ORS 108.510 shall be paid into the State Treasury to the credit of the General Fund. (2) Any funds remaining in the Community Property Revocations Account are hereby transferred to the credit of the General Fund. [Amended by…

The provisions of ORS 108.530 to 108.550 do not impair or affect any right acquired prior to April 11, 1949, but the same may be enjoyed as fully and to the same extent as if ORS 108.520 to 108.550 had not been passed, under and according to the law in force at the time such righ…

Community property acquired during marriage and between July 5, 1947, and April 11, 1949, may be converted into property held as tenants in common or by entirety or as the separate property of either spouse by an agreement in writing evidencing such intent, signed by both spouses…

Upon the death of either spouse after April 11, 1951, all real or personal property which would have been the separate property of such spouse but for the enactment of chapter 525, Oregon Laws 1947, shall be subject to disposition by will and to descent and distribution as the se…

Notwithstanding any provisions of chapter 525, Oregon Laws 1947, or any provision of ORS 108.520 to 108.550, any third person may rely, and shall be fully protected in relying, upon the right of either spouse in a marriage to receive, manage, control, dispose of or otherwise deal…

As used in ORS 108.700 to 108.740: (1) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. (2) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real…

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. [1987 c.715 §2] Note: See note under 108.700.

(1) Parties to a premarital agreement may contract with respect to: (a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (b) The right to buy, sell, use, transfer, exchange, abandon, leas…

A premarital agreement becomes effective upon marriage. [1987 c.715 §4] Note: See note under 108.700.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [1987 c.715 §5] Note: See note under 108.700.

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (a) That party did not execute the agreement voluntarily; or (b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party: (A…

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [1987 c.715 §7] Note: See note under 108.700.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available …

(1) ORS 108.700 to 108.740 may be cited as the Uniform Premarital Agreement Act. (2) ORS 108.700 to 108.740 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it. (3) If any provis…

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…

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…

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]

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.

(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…

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…

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 parent’s family and to all the circumstan…

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…

(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…

(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…

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.

(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…

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. […

(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…

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…

(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 child’s birth, with…

(1) A parent who gave birth to a child and a child’s 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…

(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…

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…

(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…

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 109.181 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…

(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…

(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 …

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…

(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…

(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…

(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 child’s parent or parents to provide for t…

(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…

Any authorization, release or waiver given by a child’s 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 child’s birth. [1975 c.640 §11; 2025 c.592 §122]

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…

(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…