Title 11, Domestic Relations

(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.…

(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 t…

(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: (A) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the …

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 proc…

(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 wit…

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…

(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. (2) When possible, the medical history shall include, but need not be limited to: (a) …

(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 s…

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-r…

(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 refere…

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 v…

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; 20…

(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…

(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. (2) Upon the filing of a petition under this section, the court shall set a…

(1) As used in this section: (a) “Former parent” means a person who was previously the legal parent of an Indian child subject to a judgment of adoption under ORS 109.350 or 419B.529 and whose parental rights have not been restored under ORS 109.382 to 419B.652. (b) “Prior Indian…

(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. (2) An adoption in a foreign nation under the laws of that nation of a person who is a…

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: (1) If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child. (2) Appear i…

(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. (2) Notwithstanding ORS 109.289, if the court enters a judgment of adoption, the clerk of the court…

(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.…

As used in ORS 109.425 to 109.507: (1) “Adoptee” means a person who has been adopted in the State of Oregon. (2) “Adoption” means the judicial act of creating the relationship of parent and child where it did not exist previously. (3) “Adoptive parent” means an adult who has beco…

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 u…

(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. (2) If an agency which handles adoptions ceases to do business, the agency shall transfer the adoption records to t…

(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. (2) A class action suit shall not be maintained in any court of this state to requir…

(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. (2) The Department of Human Services sha…

(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 …

(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…

(1) The affidavit required under ORS 109.460 shall contain: (a) The current name and address of the registrant and, where the registrant is the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, the current name and address of the minor adoptee or …

(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. (2) When an adoptee reach…

(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 …

(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. (2) The counseling required under sub…

Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 §13] Note: See note under 109.425.

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 adopte…

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] Note: See note under 109.425.