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 further
explanation. 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 subsection applies to a man who is asserted to be a parent
of the minor child only when:
(A) A voluntary acknowledgment of paternity form has been filed in
this or another state and the period for rescinding or challenging the
voluntary acknowledgement on grounds other than fraud, duress or material
mistake of fact has expired; or
(B) Paternity has been established pursuant to an order or judgment
entered under ORS 109.124 to 109.230 or 416.430.
(c) As used in this subsection, “expenses of a minor child”
includes only expenses incurred for the benefit of a minor child.
(2) Notwithstanding subsection (1) of this section, a parent is not
responsible for debts contracted by the other parent after the separation
of one parent from the other parent, except for debts incurred for
maintenance, support and education of the minor child of the parents.
(3) For the purposes of subsection (2) of this section, parents are
considered separated if they are living in separate residences without
intention of reconciliation at the time the debt is incurred. The court
may consider the following factors in determining whether the parents are
separated, in addition to other relevant factors:
(a) Whether the parents subsequently reconciled.
(b) The number of separations and reconciliations of the parents.
(c) The length of time the parents lived apart.
(d) Whether the parents intend to reconcile.
(4) An action under this section must be commenced within the
period otherwise provided by law. [2005 c.732 §2]If public assistance is provided for any dependent child, the
administrator, as defined in ORS 25.010, may initiate proceedings under
ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243,
25.378, 25.402, 416.400 to 416.465, 419B.400 or 419C.590 to obtain
support for the child from one or both parents or from any other person
legally responsible for the support of the child, including a guardian or
conservator. In any proceeding under any statute cited in this section,
the obligee is a party. [1983 c.767 §2; 1985 c.671 §44c; 1991 c.67 §22;
1993 c.33 §371; 1993 c.596 §19; 1993 c.798 §45; 1995 c.608 §36; 1997
c.249 §37; 2003 c.73 §54; 2003 c.572 §14; 2003 c.576 §577b]If any minor, whose father 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 father can
reasonably afford, regard being had to the situation of the father’s
family and to all the circumstances of the case, the expenses of the
maintenance and education of the minor may be wholly or partially
defrayed out of the income of the property of the minor, as is judged
reasonable by the court having probate jurisdiction. The charges therefor
may be allowed accordingly in the settlement of the accounts of the
guardian or the conservator of the minor of the estate of the minor.
[Amended by 1973 c.823 §104] The
rights and responsibilities of the parents, in the absence of misconduct,
are equal, and the mother is as fully entitled to the custody and control
of the children and their earnings as the father. In case of the father’s
death, the mother shall come into as full and complete control of the
children and their estate as the father does in case of the mother’s
death. (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) Is not a signatory to the Hague Convention on the Civil Aspects
of International Child Abduction;
(B) Does not provide for the extradition to the United States of a
parental abductor and minor child;
(C) Has local laws or practices that would restrict the other
parent of the minor child from freely traveling to or exiting from the
country because of the gender, race or religion of the other parent;
(D) Has local laws or practices that would restrict the ability of
the minor child from legally leaving the country after the child reaches
the age of majority because of the gender, race or religion of the child;
or
(E) Poses a significant risk that the physical health or safety of
the minor child would be endangered in the country because of war, human
rights violations or specific circumstances related to the needs of the
child.
(2) A court that finds by clear and convincing evidence a risk of
international abduction of a minor child may issue a court order
requiring a parent who is subject to a custody order and who plans to
travel with a minor child to a foreign country to provide security, bond
or other guarantee as described in subsection (4) of this section.
(3) In determining whether a risk of international abduction of a
minor child exists, a court shall consider the following factors
involving a parent who is subject to a custody order:
(a) The parent has taken or retained, attempted to take or retain
or threatened to take or retain a minor child in violation of state law
or a valid custody order and the parent is unable to present clear and
convincing evidence that the parent believed in good faith that the
conduct was necessary to avoid imminent harm to the parent or the child;
(b) The parent has recently engaged in a pattern of activities that
indicates the parent is planning to abduct the minor child from this
country;
(c) The parent has strong familial, emotional or cultural
connections to this country or another country, regardless of citizenship
or residency status; and
(d) Any other relevant factors.
(4) A security, bond or other guarantee required by a court under
this section may include, but is not limited to, any of the following:
(a) A bond or security deposit in an amount that is sufficient to
offset the cost of recovering the minor child if the child is abducted;
(b) Supervised parenting time; or
(c) Passport and travel controls, including but not limited to
controls that:
(A) Prohibit the parent from removing the minor child from this
state or this country;
(B) Require the parent to surrender a passport or an international
travel visa that is issued in the name of the minor child or jointly in
the names of the parent and the child;
(C) Prohibit the parent from applying for a new or replacement
passport or international travel visa on behalf of the minor child; and
(D) Require the parent to provide to a relevant embassy or
consulate and to the Office of Children’s Issues in the United States
Department of State the following documents:
(i) Written notice of passport and travel controls required under
this paragraph; and
(ii) A certified copy of a court order issued under this section.
(5) After considering the factors under subsection (3) of this
section and requiring a security, bond or other guarantee under this
section, the court shall issue a written determination supported by
findings of fact and conclusions of law.
(6) Nothing in this section is intended to limit the inherent power
of a court in matters relating to children. [2003 c.532 §1; 2005 c.22 §85]Note: 109.035 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 further
explanation.(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 descendants
and kindred, and
(b) The natural parents of the adopted person, their descendants
and kindredshall be the same to all legal intents and purposes after the entry of
such judgment as if the adopted person had been born in lawful wedlock to
the adoptive parents and had not been born to the natural parents.
(2) When a person has been or shall be adopted in this state by a
stepparent, this section shall leave unchanged the relationship, rights
and obligations between such adopted person and descendants of the
adopted person and natural parent of the adopted person, who is the
spouse of the person who adopted the person, and the descendants and
kindred of such natural parent. [1953 c.650 §1; 2003 c.576 §134] 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 a 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 regarding care, custody or property
of the minor child or ward, except the power to consent to marriage or
adoption of a minor ward.
(2) A parent or a guardian of a minor child may delegate the powers
designated in subsection (1) of this section to a school administrator
for a period not exceeding 12 months.
(3) A parent or guardian of a minor child may delegate the powers
designated in subsection (1) of this section for a period not exceeding
the term of active duty service plus 30 days when the parent or guardian
is a member of the organized militia of this state or any other reserve
component of the United States Armed Forces who is required to enter and
serve in the active military service of the United States under a call or
order by the President of the United States or to serve on active state
duty as defined in ORS 398.002. If the minor child is living with the
child’s other parent, delegation under this subsection must be to the
parent with whom the minor child is living unless a court finds that such
a delegation would not be in the best interests of the minor child.
[Formerly 126.030; 2005 c.79 §4]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. [1957 c.411 §1] (1) The paternity of a person may
be established as follows:
(a) A child born in wedlock, there being no judgment of separation
from bed or board, is presumed to be the child of the mother’s husband,
whether or not the marriage of the husband and wife may be void. This is
a disputable presumption.
(b) By the marriage of the parents of a child after birth of the
child.
(c) By filiation proceedings.
(d) By filing with the State Registrar of the Center for Health
Statistics the voluntary acknowledgment of paternity form as provided for
by ORS 432.287. Except as otherwise provided in subsections (2) to (4) of
this section, this filing establishes paternity for all purposes.
(e) By having established paternity through a voluntary
acknowledgment of paternity process in another state.
(f) By paternity being established or declared by other provision
of law.
(2) A party to a voluntary acknowledgment of paternity may rescind
the acknowledgment within the earlier of:
(a) Sixty days after filing the acknowledgment; or
(b) The date of a proceeding relating to the child, including a
proceeding to establish a support order, in which the party wishing to
rescind the acknowledgment is also a party. For the purposes of this
paragraph, the date of a proceeding is the date on which an order is
entered in the proceeding.
(3)(a) A signed voluntary acknowledgment of paternity filed in this
state may be challenged in circuit court:
(A) After the 60-day period in a proceeding under section 9,
chapter 160, Oregon Laws 2005.
(B) At any time after the 60-day period on the basis of fraud,
duress or a material mistake of fact by:
(i) A party to the acknowledgment;
(ii) The child named in the acknowledgment; or
(iii) The Department of Human Services or the administrator, as
defined in ORS 25.010, if the child named in the acknowledgment is in the
care and custody of the department under ORS chapter 419B and the
department or the administrator reasonably believes that the
acknowledgment was obtained through fraud, duress or a material mistake
of fact.
(C) Within one year after the acknowledgment has been filed.
Subsection (4) of this section applies to a challenge under this
subparagraph. A challenge to the acknowledgment is not allowed more than
one year after the acknowledgment has been filed, unless the provisions
of subparagraph (A) or (B) of this paragraph apply.
(b) Legal responsibilities arising from the acknowledgment,
including child support obligations, may not be suspended during the
challenge, except for good cause.
(c) The party challenging an acknowledgment under this subsection
has the burden of proof.
(4)(a) Within one year after a voluntary acknowledgment of
paternity form is filed in this state, a party to the acknowledgment, the
child named in the acknowledgment or the state, if child support
enforcement services are being provided under ORS 25.080, may apply to
the court or to the administrator, as defined in ORS 25.010, for an order
requiring that the mother, the child and the male party submit to blood
tests as provided in ORS 109.250 to 109.262.
(b) If the results of the tests performed under paragraph (a) of
this subsection exclude the male party as a possible father of the child,
or if the court determines under subsection (3) of this section that the
male party is not the father of the child, a party to the challenge may
apply to the court for a judgment of nonpaternity. The party that applied
for the judgment shall send a certified true copy of the judgment to the
State Registrar of the Center for Health Statistics and to the Department
of Justice as the state disbursement unit. Upon receipt of a judgment of
nonpaternity, the state registrar shall correct any records maintained by
the state registrar that indicate that the male party is the parent of
the child.
(c) Child support payments made before entry of a judgment of
nonpaternity may not be returned to the payer. [1957 c.411 §2; 1969 c.619
§11; 1971 c.127 §2; 1975 c.640 §3; 1983 c.709 §37; 1995 c.79 §37; 1995
c.514 §7; 1999 c.80 §20; 2001 c.455 §17; 2003 c.576 §136; 2005 c.160 §11]Note: The amendments to 109.070 by section 17, chapter 160, Oregon
Laws 2005, become operative January 2, 2008. See section 23, chapter 160,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
109.070. (1) The paternity of a person may be established as
follows:
(a) The child of a wife cohabiting with her husband who was not
impotent or sterile at the time of the conception of the child is
conclusively presumed to be the child of her husband, whether or not the
marriage of the husband and wife may be void.
(b) A child born in wedlock, there being no judgment of separation
from bed or board, is presumed to be the child of the mother’s husband,
whether or not the marriage of the husband and wife may be void. This is
a disputable presumption.
(c) By the marriage of the parents of a child after birth of the
child.
(d) By filiation proceedings.
(e) By filing with the State Registrar of the Center for Health
Statistics the voluntary acknowledgment of paternity form as provided for
by ORS 432.287. Except as otherwise provided in subsections (2) to (4) of
this section, this filing establishes paternity for all purposes.
(f) By having established paternity through a voluntary
acknowledgment of paternity process in another state.
(g) By paternity being established or declared by other provision
of law.
(2) A party to a voluntary acknowledgment of paternity may rescind
the acknowledgment within the earlier of:
(a) Sixty days after filing the acknowledgment; or
(b) The date of a proceeding relating to the child, including a
proceeding to establish a support order, in which the party wishing to
rescind the acknowledgment is also a party. For the purposes of this
paragraph, the date of a proceeding is the date on which an order is
entered in the proceeding.
(3)(a) A signed voluntary acknowledgment of paternity filed in this
state may be challenged in circuit court:
(A) At any time after the 60-day period on the basis of fraud,
duress or a material mistake of fact. The party bringing the challenge
has the burden of proof.
(B) Within one year after the acknowledgment has been filed, unless
the provisions of subsection (4)(a) of this section apply. A challenge to
the acknowledgment is not allowed more than one year after the
acknowledgment has been filed, unless the provisions of subparagraph (A)
of this paragraph apply.
(b) Legal responsibilities arising from the acknowledgment,
including child support obligations, may not be suspended during the
challenge, except for good cause.
(4)(a) Within one year after a voluntary acknowledgment of
paternity form is filed in this state and if blood tests, as defined in
ORS 109.251, have not been previously completed, a party to the
acknowledgment or the state, if child support enforcement services are
being provided under ORS 25.080, may apply to the court or to the
administrator, as defined in ORS 25.010, for an order requiring that the
mother, the child and the male party submit to blood tests as provided in
ORS 109.250 to 109.262.
(b) If the results of the tests performed under paragraph (a) of
this subsection exclude the male party as a possible father of the child,
a party or the state, if child support enforcement services are being
provided under ORS 25.080, may apply to the court for a judgment of
nonpaternity. The party that applied for the judgment shall send a
certified true copy of the judgment to the State Registrar of the Center
for Health Statistics and to the Department of Justice as the state
disbursement unit. Upon receipt of a judgment of nonpaternity, the state
registrar shall correct any records maintained by the state registrar
that indicate that the male party is the parent of the child.
(c) The state Child Support Program shall pay any costs for blood
tests subject to recovery from the party who requested the tests.Note: Sections 9 and 10, chapter 160, Oregon Laws 2005, provide:
Sec. 9. (1) As used in this section, “legal father” includes a man
whose paternity has been established under ORS 109.070 (1) and a man who
has been ordered to pay child support.
(2) After paternity has been established under ORS 109.070 (1), if
no blood tests, as defined in ORS 109.251, were performed to establish
paternity, the mother or the legal father may petition the court to
reopen the issue of paternity. The petitioner:
(a) Must file the petition within two years after a voluntary
acknowledgment of paternity is filed with the State Registrar of the
Center for Health Statistics;
(b) Must file the petition within two years after paternity is
established as a result of a default order or a default judgment that is
no longer subject to appeal; or
(c) May file the petition at any time if the legal father is the
presumed father under ORS 109.070.
(3) The petition must contain:
(a) An affidavit executed by the petitioner stating that the
petitioner has discovered new evidence since paternity was established or
that the legal father is the presumed father and the petitioner has not
had an opportunity previously to challenge the paternity; and
(b) The results of blood tests, administered within 90 days before
the petition is filed, that show a zero percent probability that the
legal father is the biological father of the child.
(4) Upon receipt of a petition, the court:
(a) May order the mother, child and legal father to submit to blood
tests as provided in ORS 109.250 to 109.262 if the blood test results
submitted with the petition were not properly conducted or documented; or
(b) Shall order the mother, child and legal father to submit to
blood tests as provided in ORS 109.250 to 109.262 upon the motion of a
party.
(5) Notwithstanding ORS 109.252, the petitioner shall pay any costs
for blood tests ordered under subsection (4) of this section.
(6) The provisions of ORS 109.155 apply to a proceeding under this
section.
(7) The court shall make a determination of nonpaternity if the
court finds, based on all the evidence as provided in ORS 109.258, that:
(a) The blood tests were properly conducted and documented;
(b) The legal father is not the biological father of the child;
(c) The legal father has not adopted the child;
(d) The child was not conceived by artificial insemination while
the legal father and the mother were married;
(e) The petitioner has not acted to prevent the biological father
from asserting his parental rights;
(f) The petitioner, with knowledge that the legal father is not the
biological father, has not:
(A) Taken any action to affirm the legal father’s parentage of the
child; and
(B) Failed to respond to a judicial or administrative proceeding to
establish paternity after receipt of proper notice and an opportunity to
be heard; and
(g) In the absence of fraud, granting the petition would not cause
undue harm to the child.
(8) The petitioner has the burden of proving subsection (7)(a) to
(f) of this section. However:
(a) Except as provided in paragraph (b) of this subsection, when a
petitioner fails to prove subsection (7)(f) of this section, the court
may nevertheless grant the petition and enter a judgment of nonpaternity
if the court finds that the judgment would not cause undue harm to the
child.
(b) When a petitioner has signed a voluntary acknowledgment of
paternity and fails to prove subsection (7)(f) of this section, the court
may nevertheless grant the petition and enter a judgment of nonpaternity
if the court finds that:
(A) The petitioner signed the acknowledgment without knowledge that
the legal father was not the biological father of the child; and
(B) The judgment would not cause undue harm to the child.
(9)(a) A child support obligation ordered before a petition is
filed under this section continues until a judgment of nonpaternity is
entered. However, upon a showing of good cause, the court may suspend the
obligation if:
(A) To do so would not cause undue harm to the child; and
(B) The petitioner has not signed a voluntary acknowledgment of
paternity.
(b) In a judgment of nonpaternity, the court shall vacate any
ongoing child support obligation of the legal father and may vacate any
past due support. Child support payments made before entry of a judgment
of nonpaternity may not be returned to the payer.
(c) This section does not give a legal father a cause of action
against the mother or biological father for reimbursement of child
support paid or accrued before the entry of the judgment of nonpaternity.
(10) If the court denies the petition, the court shall award
reasonable attorney fees to the nonpetitioning parties.
(11) The authority to petition the court under this section expires
on the death of the legal father of a child. The personal representative
of the legal father’s estate may not file a petition under this section.
[2005 c.160 §9]Sec. 10. Section 9 of this 2005 Act is repealed on January 2, 2008.
Except
as otherwise provided in ORS 25.020, the Social Security number of a
parent who is subject to a paternity determination pursuant to ORS
109.070 (1)(c), (d), (e) or (f) or 416.400 to 416.465 shall be included
in the order, judgment or other declaration establishing paternity. [1997
c.746 §123; 1999 c.80 §94; 2005 c.160 §12]Note: The amendments to 109.073 by section 18, chapter 160, Oregon
Laws 2005, become operative January 2, 2008. See section 23, chapter 160,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
109.073. Except as otherwise provided in ORS 25.020, the Social
Security number of a parent who is subject to a paternity determination
pursuant to ORS 109.070 (1)(d), (e), (f) or (g) or 416.400 to 416.465
shall be included in the order, judgment or other declaration
establishing paternity.Note: 109.073 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 further
explanation. (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 August
20, 1957.
(2) ORS 109.060 to 109.090 shall be liberally construed, with the
view of effectuating their objects, notwithstanding the rule of common
law that statutes in derogation thereof are to be strictly construed.
[1957 c.411 §§5,6; 1983 c.740 §11]When it is determined that a woman is
pregnant with a child, the woman and any man to whom she is not married
and with whom she engaged in sexual intercourse at approximately the time
of conception have an obligation to recognize that the man may be the
other person responsible for the conception. During the months of
pregnancy, the man may join the woman in acknowledging paternity and
assuming the rights and duties of expectant parenthood. If the man
acknowledges paternity of the expected child and the woman denies that he
is the father or refuses to join him in acknowledging paternity, the man
may seek relief under ORS 109.125. If the woman wants the man to join her
in acknowledging his paternity of the expected child and the man denies
that he is the father or refuses to join her in acknowledging paternity,
the woman may seek relief under ORS 109.125. If after the birth of the
child the mother decides to surrender the child for adoption and
paternity has not been acknowledged as provided in ORS 109.070 (1)(d) or
the putative father has not asserted his rights in filiation proceedings,
the mother has the right without the consent of the father to surrender
the child as provided in ORS 418.270 or to consent to the child’s
adoption. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160 §13]Note: The amendments to 109.092 by section 19, chapter 160, Oregon
Laws 2005, become operative January 2, 2008. See section 23, chapter 160,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
109.092. When it is determined that a woman is pregnant with a
child, the woman and any man to whom she is not married and with whom she
engaged in sexual intercourse at approximately the time of conception
have an obligation to recognize that the man may be the other person
responsible for the conception. During the months of pregnancy, the man
may join the woman in acknowledging paternity and assuming the rights and
duties of expectant parenthood. If the man acknowledges paternity of the
expected child and the woman denies that he is the father or refuses to
join him in acknowledging paternity, the man may seek relief under ORS
109.125. If the woman wants the man to join her in acknowledging his
paternity of the expected child and the man denies that he is the father
or refuses to join her in acknowledging paternity, the woman may seek
relief under ORS 109.125. If after the birth of the child the mother
decides to surrender the child for adoption and paternity has not been
acknowledged as provided in ORS 109.070 (1)(e) or the putative father has
not asserted his rights in filiation proceedings, the mother has the
right without the consent of the father to surrender the child as
provided in ORS 418.270 or to consent to the child’s adoption.Upon the paternity of a child being established in
the proceedings, the father shall have the same rights as a father who is
or was married to the mother of the child. The clerk of the court shall
certify the fact of paternity to the Center for Health Statistics of the
Department of Human Services, and the Center for Health Statistics shall
prepare a new birth certificate for the child. [1975 c.640 §6; 1983 c.709
§38]
(1) When the paternity of a child has not been established under ORS
109.070, the putative father is entitled to reasonable notice in adoption
or other court proceedings concerning the custody of the child, except
for juvenile court proceedings, if the petitioner knows, or by the
exercise of ordinary diligence should have known:
(a) That the child resided with the putative father at any time
during the 60 days immediately preceding the initiation of the
proceeding, or at any time since the child’s birth if the child is less
than 60 days old when the proceeding is initiated; or
(b) That the putative father repeatedly has contributed or tried to
contribute to the support of the child during the year immediately
preceding the initiation of the proceeding, or during the period since
the child’s birth if the child is less than one year old when the
proceeding is initiated.
(2) Except as provided in subsection (3) or (4) of this section, a
verified statement of the mother of the child or of the petitioner, or an
affidavit of another person with knowledge of the facts, filed in the
proceeding and asserting that the child has not resided with the putative
father, as provided in subsection (1)(a) of this section, and that the
putative father has not contributed or tried to contribute to the support
of the child, as provided in subsection (1)(b) of this section, is
sufficient proof to enable the court to grant the relief sought without
notice to the putative father.
(3) The putative father is entitled to reasonable notice in a
proceeding for the adoption of the child if notice of the initiation of
filiation proceedings as required by ORS 109.225 was on file with the
Center for Health Statistics of the Department of Human Services prior to
the child’s being placed in the physical custody of a person or persons
for the purpose of adoption by them. If the notice of the initiation of
filiation proceedings was not on file at the time of the placement, the
putative father is barred from contesting the adoption proceeding.
(4) Except as otherwise provided in subsection (3) of this section,
the putative father is entitled to reasonable notice in court proceedings
concerning the custody of the child, other than juvenile court
proceedings, if notice of the initiation of filiation proceedings as
required by ORS 109.225 was on file with the Center for Health Statistics
prior to the initiation of the proceedings.
(5) Notice under this section is not required to be given to a
putative father who was a party to filiation proceedings under ORS
109.125 that were dismissed or resulted in a finding that he was not the
father of the child.
(6) The notice required under this section shall be given in the
manner provided in ORS 109.330.
(7) No notice given under this section need disclose the name of
the mother of the child.
(8) A putative father has the primary responsibility to protect his
rights, and nothing in this section shall be used to set aside an act of
a permanent nature including, but not limited to, adoption or termination
of parental rights, unless the father establishes within one year after
the entry of the final judgment or order fraud on the part of a
petitioner in the proceeding with respect to matters specified in
subsections (1) to (5) of this section. [1975 c.640 §7; 1979 c.491 §1;
1983 c.709 §39; 1995 c.90 §1; 2003 c.576 §137; 2005 c.160 §5] (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 father or mother of the child may be found,
for an order upon the child’s father or mother, or both, to provide for
the child’s support. The child or the administrator may apply for the
order by filing in the county a petition setting forth the facts and
circumstances relied upon for the order. If satisfied that a just cause
exists, the court shall direct that the father or mother appear at a time
set by the court to show cause why an order of support should not be
entered in the matter.
(2) The petitioner shall state in the petition, to the extent known:
(a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the minor child,
including a proceeding brought under ORS 25.287, 107.085, 107.135,
107.431, 108.110, 109.103, 109.165, 125.025, 416.400 to 416.465, 419B.400
or 419C.590 or ORS chapter 110; and
(b) Whether there exists in this state or any other jurisdiction a
support order, as defined in ORS 110.303, involving the minor child.
(3) The petitioner shall include with the petition a certificate
regarding any pending support proceeding and any existing support order.
The petitioner shall use a certificate that is in a form established by
court rule and include information required by court rule and subsection
(2) of this section.
(4) The judgment of a court under subsection (1) of this section is
final as to any installment or payment of money that has accrued up to
the time either party makes a motion to set aside, alter or modify the
judgment, and the court may not set aside, alter or modify the judgment,
or any portion thereof, that provides for any payment of money that has
accrued prior to the filing of the motion.
(5) The provisions of ORS 108.120 and 108.130 apply to proceedings
under subsection (1) of this section.
(6) In any proceeding under this section, both the child’s physical
and legal custodians are parties to the action. [1963 c.497 §2; 1975
c.458 §14; 1979 c.90 §2; 1979 c.284 §100; 1989 c.812 §7; 1993 c.596 §20;
2003 c.73 §55a; 2003 c.116 §8; 2003 c.576 §244] (1) If
a child is born out of wedlock and paternity has been established, either
parent may initiate a civil proceeding to determine the custody or
support of the child. The proceeding shall be brought in the circuit
court of the county in which the child resides or is found or in the
circuit court of the county in which either parent resides. The parents
have the same rights and responsibilities regarding the custody and
support of their child that married or divorced parents would have, and
the provisions of ORS 107.093 to 107.425 that relate to the custody or
support of children apply to the proceeding.
(2) A parent may initiate the proceeding by filing with the court a
petition setting forth the facts and circumstances upon which the parent
relies. The parent shall state in the petition, to the extent known:
(a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the child,
including one brought under ORS 109.100, 109.165, 125.025, 416.400 to
416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(b) Whether there exists in this state or any other jurisdiction a
support order, as defined in ORS 110.303, involving the child.
(3) The parent shall include with the petition a certificate
regarding any pending support proceeding and any existing support order.
The parent shall use a certificate that is in a form established by court
rule and include information required by court rule and subsection (2) of
this section.
(4) When a parent initiates a proceeding under this section and the
child support rights of one of the parents or of the child have been
assigned to the state, the parent initiating the proceeding shall serve,
by mail or personal delivery, a copy of the petition on the Administrator
of the Division of Child Support or on the branch office providing
support services to the county in which the suit is filed. [1975 c.640
§9; 2003 c.116 §9; 2003 c.572 §15]The mother, father or putative father of a child shall be
deemed to have attained majority and, regardless of age, may give
authorizations, releases or waivers, or enter into agreements, in
adoption, juvenile court, filiation or other proceedings concerning the
care or custody of the child. [1975 c.640 §10]Any authorization, release or waiver given by the putative father
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]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 the
child. [1975 c.640 §13](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 an ongoing personal relationship
with a child may petition or file a motion for intervention with the
court having jurisdiction over the custody, placement or guardianship of
that child, or if no such proceedings are pending, may petition the court
for the county in which the child resides, for an order providing for
relief under subsection (3) of this section.
(2)(a) In any proceeding under this section, there is a presumption
that the legal parent acts in the best interest of the child.
(b) In an order granting relief under this section, the court shall
include findings of fact supporting the rebuttal of the presumption
described in paragraph (a) of this subsection.
(c) The presumption described in paragraph (a) of this subsection
does not apply in a proceeding to modify an order granting relief under
this section.
(3)(a) If the court determines that a child-parent relationship
exists and if the court determines that the presumption described in
subsection (2)(a) of this section has been rebutted by a preponderance of
the evidence, the court shall grant custody, guardianship, right of
visitation or other right to the person having the child-parent
relationship, if to do so is in the best interest of the child. The court
may determine temporary custody of the child or temporary visitation
rights under this paragraph pending a final order.
(b) If the court determines that an ongoing personal relationship
exists and if the court determines that the presumption described in
subsection (2)(a) of this section has been rebutted by clear and
convincing evidence, the court shall grant visitation or contact rights
to the person having the ongoing personal relationship, if to do so is in
the best interest of the child. The court may order temporary visitation
or contact rights under this paragraph pending a final order.
(4)(a) In deciding whether the presumption described in subsection
(2)(a) of this section has been rebutted and whether to award visitation
or contact rights over the objection of the legal parent, the court may
consider factors including, but not limited to, the following, which may
be shown by the evidence:
(A) The petitioner or intervenor is or recently has been the
child’s primary caretaker;
(B) Circumstances detrimental to the child exist if relief is
denied;
(C) The legal parent has fostered, encouraged or consented to the
relationship between the child and the petitioner or intervenor;
(D) Granting relief would not substantially interfere with the
custodial relationship; or
(E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
(b) In deciding whether the presumption described in subsection
(2)(a) of this section has been rebutted and whether to award custody,
guardianship or other rights over the objection of the legal parent, the
court may consider factors including, but not limited to, the following,
which may be shown by the evidence:
(A) The legal parent is unwilling or unable to care adequately for
the child;
(B) The petitioner or intervenor is or recently has been the
child’s primary caretaker;
(C) Circumstances detrimental to the child exist if relief is
denied;
(D) The legal parent has fostered, encouraged or consented to the
relationship between the child and the petitioner or intervenor; or
(E) The legal parent has unreasonably denied or limited contact
between the child and the petitioner or intervenor.
(5) In addition to the other rights granted under this section, a
stepparent with a child-parent relationship who is a party in a
dissolution proceeding may petition the court having jurisdiction for
custody or visitation under this section or may petition the court for
the county in which the child resides for adoption of the child. The
stepparent may also file for post-judgment modification of a judgment
relating to child custody.
(6)(a) A motion for intervention filed under this section shall
comply with ORCP 33 and state the grounds for relief under this section.
(b) Costs for the representation of an intervenor under this
section may not be charged against funds appropriated for public defense
services.
(7) In a proceeding under this section, the court may:
(a) Cause an investigation, examination or evaluation to be made
under ORS 107.425 or may appoint an individual or a panel or may
designate a program to assist the court in creating parenting plans or
resolving disputes regarding parenting time and to assist the parties in
creating and implementing parenting plans under ORS 107.425 (3).
(b) Assess against a party reasonable attorney fees and costs for
the benefit of another party.
(8) When a petition or motion to intervene is filed under this
section seeking guardianship or custody of a child who is a foreign
national, the petitioner or intervenor shall serve a copy of the petition
or motion on the consulate for the child’s country.
(9) This section does not apply to proceedings under ORS chapter
419B.
(10) As used in this section:
(a) “Child-parent relationship” means a relationship that exists or
did exist, in whole or in part, within the six months preceding the
filing of an action under this section, and in which relationship a
person having physical custody of a child or residing in the same
household as the child supplied, or otherwise made available to the
child, food, clothing, shelter and incidental necessaries and provided
the child with necessary care, education and discipline, and which
relationship continued on a day-to-day basis, through interaction,
companionship, interplay and mutuality, that fulfilled the child’s
psychological needs for a parent as well as the child’s physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent relationship
under this section unless the relationship continued over a period
exceeding 12 months.
(b) “Circumstances detrimental to the child” includes but is not
limited to circumstances that may cause psychological, emotional or
physical harm to a child.
(c) “Grandparent” means the legal parent of the child’s legal
parent.
(d) “Legal parent” means a parent as defined in ORS 419A.004 whose
rights have not been terminated under ORS 419B.500 to 419B.524.
(e) “Ongoing personal relationship” means a relationship with
substantial continuity for at least one year, through interaction,
companionship, interplay and mutuality. [1985 c.516 §2; 1987 c.810 §1;
1993 c.372 §1; 1997 c.92 §1; 1997 c.479 §1; 1997 c.873 §20; 1999 c.569
§6; 2001 c.873 §§1,1a,1e; 2003 c.143 §§1,2; 2003 c.231 §§4,5; 2003 c.576
§§138,139]FILIATION PROCEEDINGS As used in ORS
109.124 to 109.230, 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
woman, or to a married woman by a man other than her husband.
(3) “Respondent” may include, but is not limited to, one or more
persons who may be the father of a child born out of wedlock, the husband
of a woman who has or may have a child born out of wedlock, the mother of
a child born out of wedlock, the female pregnant with a child who may be
born out of wedlock, or the duly appointed and acting guardian of the
child or conservator of the child’s estate. [1979 c.246 §4; 1983 c.762
§1; 1995 c.79 §38; 1995 c.343 §24; 1995 c.514 §18; 1997 c.704 §56; 2005
c.160 §14]Note: The amendments to 109.124 by section 20, chapter 160, Oregon
Laws 2005, become operative January 2, 2008. See section 23, chapter 160,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
109.124. As used in ORS 109.124 to 109.230, 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
woman, or to a married woman by a man other than her husband, if the
conclusive presumption in ORS 109.070 (1)(a) does not apply.
(3) “Respondent” may include, but is not limited to, one or more
persons who may be the father of a child born out of wedlock, the husband
of a woman who has or may have a child born out of wedlock, the mother of
a child born out of wedlock, the female pregnant with a child who may be
born out of wedlock, or the duly appointed and acting guardian of the
child or conservator of the child’s estate. (1) Any of
the following may initiate proceedings under this section:
(a) A mother of a child born out of wedlock or a female pregnant
with a child who may be born out of wedlock;
(b) The duly appointed and acting guardian of the child,
conservator of the child’s estate or a guardian ad litem, if the guardian
or conservator has the physical custody of the child or is providing
support for the child;
(c) The administrator;
(d) A person claiming to be the father of a child born out of
wedlock or of an unborn child who may be born out of wedlock; or
(e) The minor child by a guardian ad litem.
(2) Proceedings shall be initiated by the filing of a duly verified
petition of the initiating party. The petition shall contain:
(a) If the initiating party is one of those specified in subsection
(1)(a) to (c) of this section:
(A) The name of the mother of the child born out of wedlock or the
female pregnant with a child who may be born out of wedlock;
(B) Facts showing the petitioner’s status to initiate proceedings;
(C) A statement that a respondent is the father;
(D) The probable time or period of time during which conception
took place; and
(E) A statement of the specific relief sought.
(b) If the initiating party is a person specified in subsection
(1)(d) of this section:
(A) The name of the mother of the child born out of wedlock or the
female pregnant with a child who may be born out of wedlock;
(B) A statement that the initiating party is the father of the
child and accepts the same responsibility for the support and education
of the child and for all pregnancy-related expenses that he would have if
the child were born to him in lawful wedlock;
(C) The probable time or period of time during which conception
took place; and
(D) A statement of the specific relief sought.
(3) When proceedings are initiated by the administrator, the state
and the child’s mother and putative father are parties.
(4) When a proceeding is initiated under this section and the child
support rights of one of the parties or of the child at issue have been
assigned to the state, a true copy of the petition shall be served by
mail or personal delivery on the Administrator of the Division of Child
Support of the Department of Justice or on the branch office providing
support services to the county in which the suit is filed. [1969 c.619
§1; 1971 c.191 §1; 1971 c.401 §3; 1971 c.779 §79; 1973 c.823 §105; 1975
c.458 §15a; 1975 c.640 §4a; 1979 c.90 §3; 1979 c.246 §5; 1983 c.762 §2;
1993 c.596 §21; 2001 c.334 §6; 2003 c.73 §56](1) All filiation proceedings shall be commenced in the
circuit court and shall for all purposes be deemed suits in equity.
Unless otherwise specifically provided by statute, the proceedings shall
be conducted pursuant to the Oregon Rules of Civil Procedure.
(2) All filiation proceedings shall be commenced and tried in the
county where either the initiating party or the child resides. [1969
c.619 §§2,3,7; 1971 c.191 §2; 1979 c.246 §6; 1981 s.s. c.3 §104; 1983
c.762 §3; 1999 c.80 §22]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 make a determination of paternity and may impose such
obligations on the respondent as it deems reasonable. In all such cases
corroborating evidence in addition to the testimony of the parent or
expectant parent shall be required to establish paternity and the court
may, in its discretion, order such investigation or the production of
such evidence as it deems appropriate to establish a proper basis for
relief. The testimony of the parent or expectant parent and the
corroborating evidence may be presented by affidavit. [1969 c.619 §4;
1975 c.640 §14; 1983 c.762 §4](1) The court, in a private hearing, shall first determine the
issue of paternity. If the respondent admits the paternity, such
admission shall be reduced to writing, verified by the respondent and
filed with the court. If the paternity is denied, corroborating evidence,
in addition to the testimony of the parent or expectant parent, shall be
required.
(2) If the court finds, from a preponderance of the evidence, that
the petitioner or the respondent is the father of the child who has been,
or who may be born out of wedlock, the court shall then proceed to a
determination of the appropriate relief to be granted. The court may
approve any settlement agreement reached between the parties and
incorporate the same into any judgment rendered, and it may order such
investigation or the production of such evidence as it deems appropriate
to establish a proper basis for relief.
(3) The court, in its discretion, may postpone the hearing from
time to time to facilitate any investigation or the production of such
evidence as it deems appropriate.
(4) The court shall have the power to order either parent to pay
such sum as it deems appropriate for the past and future support and
maintenance of the child during its minority and while the child is
attending school, as defined in ORS 107.108, and the reasonable and
necessary expenses incurred or to be incurred in connection with prenatal
care, expenses attendant with the birth and postnatal care. The court may
grant the prevailing party reasonable costs of suit, which may include
expert witness fees, and reasonable attorney fees at trial and on appeal.
The provisions of ORS 107.108 apply to an order entered under this
section for the support of a child attending school.
(5) An affidavit certifying the authenticity of documents
substantiating expenses set forth in subsection (4) of this section is
prima facie evidence to establish the authenticity of such documents.
(6)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this
section; and
(B) For courts to enforce the terms of settlements described in
paragraph (b) of this subsection to the fullest extent possible, except
when to do so would violate the law or would clearly contravene public
policy.
(b) In a proceeding under this section, the court may enforce the
terms set forth in a stipulated judgment of paternity signed by the
parties, a judgment of paternity resulting from a settlement on the
record or a judgment of paternity incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce a judgment,
including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A) and
(B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain remedies
described in paragraph (b) of this subsection by filing a motion, serving
notice on the other party in the manner provided by ORCP 7 and, if a
remedy under paragraph (b)(B) of this subsection is sought, complying
with the statutory requirements for that remedy. All claims for relief
arising out of the same acts or omissions must be joined in the same
proceeding.
(d) Nothing in paragraph (b) or (c) of this subsection limits a
party’s ability, in a separate proceeding, to file a motion to set aside,
alter or modify a judgment under ORS 109.165 or to seek enforcement of an
ancillary agreement to the judgment. [1969 c.619 §5; 1971 c.137 §1; 1971
c.191 §3; 1973 c.827 §12h; 1975 c.640 §15; 1981 c.897 §33; 1983 c.762 §5;
1989 c.417 §2; 1997 c.704 §57; 1999 c.80 §23; 2001 c.203 §6; 2003 c.576
§140](1) Upon motion of
either party, 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 money that has accrued up to the time the nonmoving party,
other than the state, is served with a motion to set aside, alter or
modify the judgment, the judgment is final and the court may not change
it. However, the court may allow a credit against child support
arrearages for periods of time, excluding reasonable parenting time
unless otherwise provided by order or judgment, during which the obligor,
with the knowledge and consent of the obligee or pursuant to court order,
has physical custody of the child. A child attending school is a party
for purposes of this section.
(2) The moving party shall state in the motion, to the extent known:
(a) Whether there is pending in this state or any other
jurisdiction any type of support proceeding involving the child,
including a proceeding brought under ORS 25.287, 109.100, 125.025,
416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
(b) Whether there exists in this state or any other jurisdiction a
support order, as defined in ORS 110.303, involving the child, other than
the judgment the party is moving to set aside, alter or modify.
(3) The moving party shall include with the motion a certificate
regarding any pending support proceeding and any existing support order
other than the judgment the party is moving to set aside, alter or
modify. The party shall use a certificate that is in a form established
by court rule and include information required by court rule and
subsection (2) of this section.
(4)(a) It is the policy of this state:
(A) To encourage the settlement of cases brought under this
section; and
(B) For courts to enforce the terms of settlements described in
paragraph (b) of this subsection to the fullest extent possible, except
when to do so would violate the law or would clearly contravene public
policy.
(b) In a proceeding under subsection (1) of this section, the court
may enforce the terms set forth in a stipulated order or judgment signed
by the parties, an order or judgment resulting from a settlement on the
record or an order or judgment incorporating a settlement agreement:
(A) As contract terms using contract remedies;
(B) By imposing any remedy available to enforce an order or
judgment, including but not limited to contempt; or
(C) By any combination of the provisions of subparagraphs (A) and
(B) of this paragraph.
(c) A party may seek to enforce an agreement and obtain remedies
described in paragraph (b) of this subsection by filing a motion, serving
notice on the other party in the manner provided by ORCP 7 and, if a
remedy under paragraph (b)(B) of this subsection is sought, complying
with the statutory requirements for that remedy. All claims for relief
arising out of the same acts or omissions must be joined in the same
proceeding.
(d) Nothing in paragraph (b) or (c) of this subsection limits a
party’s ability, in a separate proceeding, to file a motion to modify an
order or judgment under subsection (1) of this section or to seek
enforcement of an ancillary agreement to the order or judgment. [1969
c.619 §6; 1973 c.827 §12i; 1989 c.812 §8; 1997 c.704 §58; 1997 c.707 §22;
2001 c.203 §8; 2003 c.116 §10; 2003 c.419 §3; 2003 c.576 §141]
(1) If paternity 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 109.124 to 109.230 or ORS 416.400 to 416.465, or if
paternity is established by the filing of a voluntary acknowledgment of
paternity as provided by ORS 109.070 (1)(d), the parent with physical
custody at the time of filing of the petition or the notice under ORS
416.415, or the parent with physical custody at the time of the filing of
the voluntary acknowledgment of paternity, has sole legal custody until a
court specifically orders otherwise. The first time the court determines
who should have legal custody, neither parent shall have the burden of
proving a change of circumstances. The court shall give primary
consideration to the best interests and welfare of the child and shall
consider all the standards set out in ORS 107.137.
(2) In any proceeding under this section, the court may cause an
investigation, examination or evaluation to be made under ORS 107.425 or
may appoint an individual or a panel or may designate a program to assist
the court in creating parenting plans or resolving disputes regarding
parenting time and to assist parents in creating and implementing
parenting plans under ORS 107.425 (3). [1983 c.761 §11; 1985 c.671 §42;
1995 c.608 §4; 1999 c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160
§15]Note: The amendments to 109.175 by section 21, chapter 160, Oregon
Laws 2005, become operative January 2, 2008. See section 23, chapter 160,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
109.175. (1) If paternity 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 109.124 to 109.230 or ORS 416.400 to
416.465, or if paternity is established by the filing of a voluntary
acknowledgment of paternity as provided by ORS 109.070 (1)(e), the parent
with physical custody at the time of filing of the petition or the notice
under ORS 416.415, or the parent with physical custody at the time of the
filing of the voluntary acknowledgment of paternity, has sole legal
custody until a court specifically orders otherwise. The first time the
court determines who should have legal custody, neither parent shall have
the burden of proving a change of circumstances. The court shall give
primary consideration to the best interests and welfare of the child and
shall consider all the standards set out in ORS 107.137.
(2) In any proceeding under this section, the court may cause an
investigation, examination or evaluation to be made under ORS 107.425 or
may appoint an individual or a panel or may designate a program to assist
the court in creating parenting plans or resolving disputes regarding
parenting time and to assist parents in creating and implementing
parenting plans under ORS 107.425 (3).(1) After filing the petition, the petitioner shall
cause the Center for Health Statistics of the Department of Human
Services to be served by mail with a notice setting forth the court in
which the petition was filed, the date of the filing therein, the case
number, the full name and address of the child, the date and place of the
child’s birth, or if the child is not yet born, the date and place of the
child’s conception and the probable date of the child’s birth, the full
names and addresses of the child’s alleged parents, and the names and
addresses of the petitioner and of the respondents in the proceedings.
(2) The Center for Health Statistics shall file immediately the
notice, or a copy thereof, with the record of the birth of the child or
in the same manner as its filing of records of birth if the center does
not have a record of the birth. The center shall only provide the
information contained in the notice to persons whose names appear in the
notice or to persons or agencies showing a legitimate interest in the
parent-child relationship including, but not limited to, parties to
adoption, juvenile court or heirship proceedings. [1975 c.640 §5; 1983
c.709 §40; 1983 c.762 §6; 1991 c.484 §1]Any contract between the mother and father of a
child born out of wedlock is a legal contract, and the admission by the
father of his fatherhood of the child is sufficient consideration to
support the contract. [Amended by 1961 c.338 §6] Records of filiation proceedings
filed in circuit court shall be open for inspection by any person without
order of the court. [1993 c.138 §2]Note: 109.231 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 further
explanation. In any proceeding brought to modify or
compel compliance with an order of the court issued under ORS 109.124 to
109.230, the court may render judgment awarding to a party, or directly
to the party’s attorney, a sum of money determined to be reasonable as an
attorney fee and costs and expenses of suit, which judgment may include
expert witness fees, in preparation for and at trial and on appeal. [1989
c.417 §1]Note: 109.237 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 further
explanation.ARTIFICIAL INSEMINATIONIf the
donor of semen used in artificial insemination is not the mother’s
husband:
(1) Such donor shall have no right, obligation or interest with
respect to a child born as a result of the artificial insemination; and
(2) A child born as a result of the artificial insemination shall
have no right, obligation or interest with respect to such donor. [1977
c.686 §5]Note: 109.239 to 109.247 were enacted into law by the Legislative
Assembly but were 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 further explanation.The relationship, rights and obligation
between a child born as a result of artificial insemination and the
mother’s husband shall be the same to all legal intents and purposes as
if the child had been naturally and legitimately conceived by the mother
and the mother’s husband if the husband consented to the performance of
artificial insemination. [1977 c.686 §6]Note: See note under 109.239.Except as may be otherwise provided by a judicial decree
entered in any action filed before October 4, 1977, the provisions of ORS
109.239 to 109.247, 677.355 to 677.365 and 677.990 (3) apply to all
persons conceived as a result of artificial insemination. [1977 c.686 §7]Note: See note under 109.239.UNIFORM ACT ON BLOOD TESTS TO DETERMINE PATERNITYORS 109.250 to 109.262 may be cited as the
Uniform Act on Blood Tests to Determine Paternity. [1953 c.628 §7]As used in ORS 109.250 to 109.262,
“blood tests” includes any test for genetic markers to determine
paternity of a type generally acknowledged as reliable by accreditation
bodies designated by the Department of Human Services in compliance with
the United States Secretary of Health and Human Services, and performed
by a laboratory approved by such accreditation body. “Blood tests”
includes but is not limited to the Human Leucocyte Antigen Test, the
deoxyribonucleic acid test and any test that extracts genetic material
from any human tissue. [1981 c.401 §2; 1995 c.608 §5; 1999 c.80 §24](1) Unless the court or administrator finds good
cause not to proceed in a proceeding under ORS 109.125 to 109.230 and
416.400 to 416.465, in which paternity is a relevant fact, the court or
administrator, as defined in ORS 25.010, upon his or her own initiative
or upon suggestion made by or on behalf of any person whose blood is
involved may, or upon motion of any party to the action made at a time so
as not to delay the proceedings unduly, shall order the mother, child,
alleged father and any other named respondent who may be the father to
submit to blood tests. If any person refuses to submit to such tests, the
court or administrator may resolve the question of paternity against such
person or enforce its order if the rights of others and the interests of
justice so require.
(2) When child support enforcement services are being provided
under ORS 25.080, the Child Support Program shall pay any costs for blood
tests subject to recovery from the party who requested the tests. If the
original test result is contested prior to the entry of an order
establishing paternity, the court or administrator shall order additional
testing upon request and advance payment by the party making the request.
[1953 c.628 §1; 1969 c.619 §13; 1983 c.762 §7; 1985 c.671 §43; 1999 c.80
§25; 2001 c.455 §18]
(1) The tests shall be made by experts qualified as examiners of genetic
markers who shall be appointed by the court or administrator, as defined
in ORS 25.010. Any party or person at whose suggestion the tests have
been ordered may demand that other experts, qualified as examiners of
genetic markers, perform independent tests under order of the court or
administrator, the results of which may be offered in evidence. The
number and qualifications of such experts shall be determined by the
court or administrator.
(2) The blood test results and the conclusions and explanations of
the blood test experts are admissible as evidence of paternity without
the need for foundation testimony or other proof of authenticity or
accuracy, unless a written challenge to the testing procedure or the
results of the blood test has been filed with the court and delivered to
opposing counsel at least 10 days before any hearing set to determine the
issue of paternity. Failure to make such timely challenge constitutes a
waiver of the right to have the experts appear in person and is not
grounds for a continuance of the hearing to determine paternity. A copy
of the results, conclusions and explanations must be furnished to both
parties or their counsel at least 20 days before the date of the hearing
for this subsection to apply. The court for good cause or the parties may
waive the time limits established by this subsection.
(3) An affidavit documenting the chain of custody of the specimens
is prima facie evidence to establish the chain of custody. [1953 c.628
§2; 1981 c.401 §3; 1985 c.671 §44; 1999 c.80 §26; 2001 c.455 §19] (1) The compensation of each
expert witness appointed by the court or administrator shall be fixed at
a reasonable amount. It shall be paid as the court or administrator shall
order. The court or administrator may order that the costs of blood tests
be paid by the parties in such proportions and at such times as it shall
prescribe, or that the proportion of any party be paid by the county in
which the proceedings are had, and that, after payment by the parties or
such county or both, all or part or none of it be taxed as costs in the
action.
(2) The fee of an expert witness called by a party but not
appointed by the court or administrator shall be paid by the party
calling the witness but shall not be taxed as costs in the action. [1953
c.628 §3; 1983 c.762 §8; 1985 c.671 §44a] A disputable presumption of
paternity is created if one or more blood tests result in a cumulative
paternity index of 99 or greater. If the court or administrator finds
that the conclusions of all the experts, as disclosed by the evidence
based upon the tests, are that the alleged father is not the father of
the child, the question of paternity shall be resolved accordingly. If
the experts disagree in their findings or conclusions, the question shall
be submitted upon all the evidence. [1953 c.628 §4; 1985 c.671 §44b; 1999
c.80 §27]
Notwithstanding the objections of a party to an order that seeks to
establish paternity, if the blood tests conducted under ORS 109.250 to
109.262 result in a cumulative paternity index of 99 or greater, the
evidence of the blood tests together with the testimony of a parent is a
sufficient basis upon which to presume paternity for establishing
temporary support. Upon the motion of a party, the court shall enter a
temporary order requiring the alleged father to provide support pending
the determination of parentage by the court. In determining the amount of
support, the court shall use the formula established under ORS 25.275.
[1997 c.746 §24b; 1999 c.80 §88]Note: 109.259 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 further
explanation.ORS 109.250 to 109.262
shall apply to criminal cases 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 be paid by the county in
which the proceedings are had under order of court.
(3) The court may direct a verdict of acquittal upon the
conclusions of all the experts under the provisions of ORS 109.258,
otherwise the case shall be submitted for determination upon all
evidence. [1953 c.628 §5] The Uniform Act on Blood
Tests to Determine Paternity shall be so interpreted and construed as to
effectuate its general purpose to make uniform the law of those states
which enact it. [1953 c.628 §6]In any action under ORS 109.250 to 109.262, the
mother, putative father and the state are parties. [1993 c.596 §23]ADOPTION
(1) “Home study” means an investigation conducted by the Department
of Human Services or by an Oregon licensed adoption agency that:
(a) Provides information to a prospective adoptive parent about
adoption;
(b) Includes investigation and study by the department or by an
Oregon licensed adoption agency concerning a prospective parent’s
suitability to adopt;
(c) Includes a written report concerning the prospective parent’s
suitability to adopt; and
(d) Is completed before the petition for adoption is filed.
(2) “Placement report” means a written report prepared by the
department or by an Oregon licensed adoption agency after the petition
for adoption has been filed that includes the department’s or the
agency’s recommendation to the court concerning whether the court should
grant the petition for adoption based upon the department’s or the
agency’s evaluation of:
(a) The status and adjustment of the child; and
(b) The status and adjustment of the child’s prospective adoptive
parent.
(3) Information gathered by the department or by an Oregon licensed
adoption agency during the preparation of the placement report may
include information concerning the child’s social, medical and genetic
history and the birth parent’s history as may be required by ORS 109.312
or 109.342. [1993 c.717 §8](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) Nothing in the adoption laws of this state shall be construed
to prevent the adoptive parents, the birth parents and the child from
entering into a written agreement, approved by the court, to permit
continuing contact between the birth relatives and the child or the
adoptive parents. As used in this subsection, “birth relatives” includes
birth parents, grandparents, siblings and other members of the child’s
birth family.
(3) Failure to comply with the terms of an agreement made under
subsection (2) of this section is not grounds for setting aside an
adoption judgment or revocation of a written consent to an adoption.
(4)(a) An agreement made under subsection (2) of this section may
be enforced by a civil action. However, before a court may enter an order
requiring compliance with the agreement, the court must find that the
party seeking enforcement participated, or attempted to participate, in
good faith in mediating the dispute giving rise to the action prior to
filing the civil action.
(b) The court may modify an agreement made under subsection (2) of
this section if the court finds that the modification is necessary to
serve the best interests of the adopted child, that the party seeking
modification participated, or attempted to participate, in good faith in
mediation prior to seeking modification of the agreement and that:
(A) The modification is agreed to by all parties to the original
agreement; or
(B) Exceptional circumstances have arisen since the parties entered
into the agreement that justify modification of the agreement. [1957
c.710 §15; subsections (2), (3) and (4) enacted as 1993 c.401 §1; 2003
c.576 §142]Note: 109.305 (2) to (4) were enacted into law by the Legislative
Assembly but were 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 further explanation.(1) Not earlier than provided in
ORS 109.309 and not later than six months from the date on which the
petition for leave to adopt another is filed under ORS 109.309, the court
before which the petition is pending shall hold a hearing and shall:
(a) Enter a judgment under ORS 109.350;
(b) Continue the guardianship or legal custodial status of the
child;
(c) Waive the child to a court having jurisdiction under ORS
419B.100 or 419C.005; or
(d) Take such other action as the court considers necessary.
(2) The court before which the petition is pending, on its own
motion, may take testimony from or confer with the child to be adopted
and may exclude from the conference the parents or guardians of the
child, the proposed adoptive parents and other persons if the court finds
that such action would be likely to be in the best interests of the
child. However, the court shall permit an attorney for each party to
attend the conference, and the conference shall be reported.
(3) The clerk of the court before which petitions for leave to
adopt another are pending shall periodically notify the court and the
Department of Human Services of all such petitions which have been
pending before the court for more than six months without final
disposition pursuant to subsection (1) of this section.
(4) The clerk of the court before which a petition is filed for
leave to adopt a minor child shall provide to the Director of Human
Services a copy of the court’s order of disposition of the petition.
[1965 c.188 §2; 1983 c.369 §3; 1987 c.814 §2; 1993 c.33 §292; 1993 c.546
§117; 2003 c.576 §143] 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. [Formerly 109.235; 2005 c.369 §2](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. One petitioner, the child, one
parent or the person, who is not an adoption agency, consenting to the
adoption as required under ORS 109.312 (1) must be a resident of this
state. As used in this subsection, “resident” means a person who has
resided in this state continuously for a period of six months prior to
the date of the petition.
(2) Except as provided in subsection (3) of this section, when the
petition is for the adoption of a minor child, the adoption is governed
by the Uniform Child Custody Jurisdiction and Enforcement Act, ORS
109.701 to 109.834.
(3)(a) Notwithstanding ORS 109.741 and 109.744, a court of this
state has jurisdiction over the adoption of a minor child if, immediately
prior to the filing of a petition for adoption:
(A) The minor child resided in this state for at least six
consecutive months including periods of temporary absence;
(B) One parent or another person, who is not an adoption agency,
consenting to the adoption as required under ORS 109.312 (1) resided in
this state for at least six consecutive months including periods of
temporary absence;
(C) The prospective adoptive parent resided in this state for at
least six consecutive months including periods of temporary absence and
substantial evidence is available in this state concerning the present or
future care of the minor child;
(D) It appears that no court of another state would have
jurisdiction under circumstances substantially in accordance with
subparagraphs (A) to (C) of this paragraph; or
(E) A court of another state has declined to exercise jurisdiction
on the grounds that this state is a more appropriate forum to hear a
petition for adoption of the minor child and it is in the best interests
of the minor child that a court of this state assume jurisdiction.
(b) As used in paragraph (a) of this subsection, “periods of
temporary absence” means periods of absence of not more than a total of
30 days in the prior six consecutive months.
(4) The petition to adopt a person 18 years of age or older may be
filed in the county where the petitioner, the person to be adopted or the
person who consents to the adoption resides.
(5) In a petition to adopt a minor child, venue lies in the Oregon
county with which the child has the most significant connection or in the
Oregon county in which the licensed adoption agency is located.
(6)(a) When the petition is for the adoption of a minor child, the
petitioner shall also file at the time of filing the petition:
(A) A written statement containing the full names and permanent
addresses of:
(i) The child;
(ii) The petitioner;
(iii) All persons whose consent to the adoption is required under
ORS 109.312 when such names are either known or may be readily
ascertained by the petitioner;
(iv) The persons with whom the child has lived during the last five
years and the places where the child has lived during that period, if the
names and addresses may be readily ascertained by the petitioner;
(v) If known to the petitioner, any person not a party to the
proceeding who has physical custody of the child or claims rights of
legal custody or physical custody of, or parenting time or visitation
with, the child; and
(vi) The Oregon licensed adoption agency, if any, or the relative
or person that privately placed the child for adoption.
(B) The documents demonstrating consent under ORS 109.312 to the
adoption of the minor child.
(C) Written evidence documenting a current home study that has been
approved by either the Department of Human Services or an Oregon licensed
adoption agency submitted for the purpose of demonstrating that the
petitioner meets the minimum standards for adoptive homes as set forth in
the department’s administrative rules.
(b) A relative who qualifies under the department administrative
rules for a waiver of the department’s home study requirements described
in paragraph (a)(C) of this subsection may file the request for waiver
along with the petition for adoption.
(c) The department, upon request by the petitioner, may waive the
home study requirements described in paragraph (a)(C) of this subsection
in an adoption in which one of the child’s biological or adoptive parents
retains parental rights. The department shall waive post-placement
reports in an adoption in which one of the child’s biological or adoptive
parents retains parental rights.
(7)(a) The petitioner shall cause copies of the documents required
to be filed with the court under subsection (6) of this section to be
served upon the Director of Human Services, by either registered or
certified mail with return receipt or personal service, within 30 days
after the documents have been filed with the court.
(b) In the case of an adoption described in subsection (6)(c) of
this section, the petitioner shall also serve the petition, by either
registered or certified mail with return receipt or personal service:
(A) On all persons whose consent to the adoption is required under
ORS 109.312 unless the person’s written consent is filed with the court;
and
(B) On the parents of the party whose parental rights would be
terminated, if the names and addresses are known or may be readily
ascertained by the petitioner. Service required by this subparagraph may
be waived by the court for good cause.
(c) When a parent of the child is deceased or incapacitated, the
petitioner shall also serve the petition on the parents of the deceased
or incapacitated parent, if the names and addresses are known or may be
readily ascertained by the petitioner. Service required by this paragraph
may be waived by the court for good cause. As used in this paragraph:
(A) “Incapacitated” means a condition in which a person’s ability
to receive and evaluate information effectively or to communicate
decisions is impaired to such an extent that the person lacks the
capacity to meet the essential requirements for the person’s physical
health or safety.
(B) “Meet the essential requirements for the person’s physical
health or safety” means those actions necessary to provide the health
care, food, shelter, clothing, personal hygiene and other care without
which serious physical injury or illness is likely to occur.
(d) The court may not rule upon the petition until at least 90 days
after the date that the documents were served upon the director. However,
the department may waive the 90-day period.
(8)(a) Within 90 days after the service on the director, the
department shall investigate and file for the consideration of the judge
before whom the petition for adoption is pending a placement report
containing information regarding the status of the child and evidence
concerning the suitability of the proposed adoption. The department may
designate an Oregon licensed adoption agency to investigate and report to
the court. If the department designates an Oregon licensed adoption
agency to investigate and report to the court, the department shall make
the designation and provide all necessary information and materials to
the Oregon licensed adoption agency no later than 30 days after the
service on the director. However, the department may waive the placement
report requirement.
(b) Upon receipt of a written request by the petitioner’s attorney,
the department shall furnish to that attorney copies of any information
that the department has filed with the court.
(c) The department may charge the petitioner a fee for
investigating a proposed nonagency adoption and preparing the home study
report described in subsection (6)(a)(C) of this section and the
placement report described in paragraph (a) of this subsection. The
petitioner shall report the fee amount to the court. The court granting
the adoption shall make a finding as to whether the fee is necessary and
reasonable. Any fee charged may not exceed reasonable costs for
investigation, home study and placement report preparation. The
department shall prescribe by rule the procedure for computing the
investigation, home study and placement report preparation fee. The rules
shall provide a waiver of either part or all of the fee based upon the
petitioner’s ability to pay.
(9) The amounts of any fees collected under subsection (8) of this
section are continuously appropriated to the department for use in
preparing the home study and placement reports required under subsections
(6)(a)(C) and (8)(a) of this section.
(10)(a) Except as provided in paragraph (b) of this subsection, a
court may not grant a judgment for the adoption of a minor child unless
the petitioner has filed with the court the documents described in
subsections (6) and (8)(a) of this section.
(b) A person is not required to file a home study or a placement
report with the court when the department has granted the person a waiver
under department rules.
(11) The adoption shall comply with the Indian Child Welfare Act
(25 U.S.C. 1901 et seq.), if applicable. Every adoption petition
involving the Indian Child Welfare Act shall include the following:
(a) A statement of the efforts to notify the appropriate Indian
tribe or tribes of the adoption; and
(b) A statement of the efforts to comply with the placement
preferences of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or
the placement preferences of the appropriate Indian tribe. [1993 c.717 §2
(enacted in lieu of 109.310); 1993 c.717 §9; 1995 c.90 §3; 1995 c.730 §2;
1997 c.470 §1; 1999 c.160 §2; 1999 c.649 §52; 2003 c.258 §1; 2003 c.576
§144; 2005 c.475 §1](1)
Each adoption petition filed pursuant to ORS 109.309 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 the
adoption, including all legal, medical, living and travel expenses. The
form of the disclosure statement shall be prescribed by the Department of
Human Services after consultation with approved Oregon licensed adoption
agencies.
(2) A court may not grant a judgment for an adoption of a minor
child in the absence of a placement report by the department or an Oregon
licensed adoption agency unless the filing of such report has been waived
by the department. A court may not grant a judgment for an adoption of a
minor child in the absence of a written disclosure statement as described
in subsection (1) of this section or in the absence of a verified
statement by the petitioner that, to the best of the petitioner’s
knowledge, no charges, except those reported in the disclosure statement,
have been or will be paid in connection with the adoption.
(3) A person may not charge, accept or pay or offer to charge,
accept or pay a fee for locating a minor child for adoption or for
locating another person to adopt a minor child, except that Oregon
licensed adoption agencies licensed under ORS chapter 418 may charge
reasonable fees for services provided by them.
(4)(a) It is unlawful for any person to advertise:
(A) A child offered or wanted for adoption; or
(B) That the person is able to place, locate, dispose of or receive
a child for adoption.
(b) The provisions of paragraph (a) of this subsection do not apply
to:
(A) The department or a licensed Oregon adoption agency or an
agent, employee or person with whom the department or adoption agency has
a contract authorizing such actions; or
(B) A person who has completed a home study as required by ORS
109.309 (6)(a)(C) and has received a favorable recommendation regarding
the fitness of the person to be an adoptive parent or the person’s
attorney or uncompensated agent. A written declaration by the person who
prepared the home study is sufficient verification of compliance with
this subparagraph. The person’s attorney must be licensed to practice in
Oregon.
(c) Nothing in this subsection prohibits an attorney licensed to
practice in Oregon from advertising the attorney’s availability to
provide services related to the adoption of children.
(d) As used in this subsection, unless the context requires
otherwise, “advertise” means to communicate by newspaper, radio,
television, handbills, placards or other print, broadcast or electronic
medium that originates within this state. [1985 c.403 §2 (1) to (3); 1987
c.367 §1; 1993 c.717 §4; 1995 c.730 §3; 2003 c.258 §2; 2003 c.576 §145](1) Except as provided in ORS 109.314
to 109.329, consent in writing to the adoption under ORS 109.309 of a
child shall be given by:
(a) The parents of the child, or the survivor of them.
(b) The guardian of the child, if the child has no living parent.
(c) The next of kin in this state, if the child has no living
parent and no guardian.
(d) Some suitable person appointed by the court to act in the
proceeding as next friend of the child to give or withhold consent, if
the child has no living parent and no guardian or next of kin qualified
to consent.
(2)(a) A person who gives consent to adoption under subsection (1)
of this section may agree concurrently or subsequently to the giving of
such consent that the consent shall be or become irrevocable, and may
waive such person’s right to a personal appearance in court, by a duly
signed and attested certificate. The certificate of irrevocability and
waiver shall be in effect when the following are completed:
(A) The child is placed for the purpose of adoption in the physical
custody of the person or persons to whom the consent is given;
(B) The person or persons to whom consent for adoption is given
have filed a petition to adopt the child in a court of competent
jurisdiction;
(C) The court has entered an order appointing the petitioner or
some other suitable person as guardian of the child pursuant to ORS
109.335;
(D) The Department of Human Services, an Oregon licensed adoption
agency or an attorney who is representing the adoptive parents has filed
either a department or an Oregon licensed adoption agency home study with
the court approving the petitioner or petitioners as potential adoptive
parents or the department has notified the court that the filing of such
study has been waived;
(E) Information about the child’s social, medical and genetic
history required in ORS 109.342 has been provided to an attorney or the
department or an Oregon licensed adoption agency by the person giving
consent to the adoption; and
(F) The person signing the certificate of irrevocability and waiver
has been given an explanation by an attorney who represents the person
and who does not also represent the adoptive family, by the department or
by an Oregon licensed adoption agency of the consequences of signing the
certificate.
(b) Upon the fulfillment of the conditions in paragraph (a) of this
subsection, the consent for adoption may not be revoked unless fraud or
duress is proved with respect to any material fact.
(3) Consent to the adoption of a child subject to the Indian Child
Welfare Act shall not be valid unless the requirements of the Indian
Child Welfare Act (25 U.S.C. 1901 et seq.) are met. In accordance with
the Indian Child Welfare Act a certificate of irrevocability is not valid
for a child who is subject to the Indian Child Welfare Act. [1957 c.710
§2 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §106; 1983
c.302 §2; 1985 c.565 §10; 1987 c.814 §1; 1991 c.553 §1; 1993 c.717 §6](1) If the legal custody of the child has been awarded in
marital dissolution proceedings, the written consent of the person to
whom custody of the child has been awarded may be held sufficient by the
court. However, unless the noncustodial parent consents to the adoption,
the petitioner, in accordance with ORS 109.330, shall serve on the
noncustodial parent a summons and a motion and order to show cause why
the proposed adoption should not be ordered without the noncustodial
parent’s consent, and the objections of the noncustodial parent shall be
heard if appearance is made.
(2) This section does not apply when consent is given in loco
parentis under ORS 109.316 or 109.318. [1957 c.710 §3 (109.312 to 109.329
enacted in lieu of 109.320); 2005 c.369 §4](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 that section;
(b) Permanently committed to it by order of a court of competent
jurisdiction; or
(c) Surrendered to it for the purpose of adoption under ORS 418.270
by one parent if compliance is had with the provisions of that section
and permanently committed to it by a court of competent jurisdiction
having jurisdiction of the other parent.
(2) The department may consent to the adoption of a child over whom
the department has been made guardian under ORS chapter 125.
(3) When consent is given under this section, no other consent is
required.
(4) When consent is given under this section, there shall be filed
in the adoption proceeding:
(a) A certified copy of an order of a court of competent
jurisdiction formally and permanently assigning the guardianship of the
child to the department or the child-caring agency, or a copy of the
surrender of the child from its parent or parents or guardian, or both,
as the case may be; and
(b) Written formal consent by the department or the child-caring
agency, as the case may be, to the proposed adoption, showing that
sufficient and satisfactory investigation of the adopting parties has
been made and recommending that the adoption be granted. The consent of
the department or the child-caring agency to the proposed adoption may be
given by one of its officers, executives or employees who has been
authorized or designated by it for that purpose. [1957 c.710 §4 (109.312
to 109.329 enacted in lieu of 109.320); 1971 c.401 §5; 1987 c.466 §3;
1995 c.664 §82; 2005 c.22 §86] (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 or officer or
executive thereof, if such agency or organization or officer or executive
thereof is licensed or otherwise has authority in the jurisdiction in
which such agency or other organization is located to consent to
adoptions in loco parentis. When consent is given under this section, no
other consent is required. The license or other authority to consent to
adoption in loco parentis shall be conclusively presumed upon the filing
with the court of a duly certified statement from an appropriate
governmental agency of such other state that such agency or organization
or officer or executive is licensed or otherwise has authority in such
state to consent to adoptions in loco parentis.
(2) When consent is given under this section, there shall be filed
in the adoption proceeding:
(a) A certified copy of the court order, or the written
authorization from the parent, parents or other person, or both a court
order and such written authorization, as the case may be, that enables
consent to be given in loco parentis under the law of such other
jurisdiction; and
(b) Written formal consent by the agency or other organization, or
the officer or executive thereof, to the proposed adoption, showing that
sufficient and satisfactory investigation of the adopting parties has
been made and recommending that the adoption be granted. [1957 c.710 §5
(109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §107; 2005
c.22 §87](1) If a parent has been adjudged mentally ill or mentally
deficient and remains so at the time of the adoption proceedings, or if a
parent is imprisoned in a state or federal prison under a sentence for a
term of not less than three years and has actually served three years,
the petitioner, in accordance with ORS 109.330, shall serve on the
parent, if the parent has not consented in writing to the adoption, a
summons and a motion and order to show cause why the adoption of the
child should not be ordered without the parent’s consent.
(2) In the case of a parent adjudged mentally ill or mentally
deficient, the petitioner shall also serve the summons and the motion and
order to show cause upon the guardian of the parent. If the parent has no
guardian, the court shall appoint a guardian ad litem to appear for the
parent in the adoption proceedings.
(3) Upon hearing, if the court finds that the adoption is in the
best interests of the child, the consent of the mentally ill, mentally
deficient or imprisoned parent is not required, and the court may proceed
regardless of the objection of the parent.
(4) This section does not apply when consent is given in loco
parentis under ORS 109.316 or 109.318. [1957 c.710 §6 (109.312 to 109.329
enacted in lieu of 109.320); 1975 c.711 §1; 2003 c.576 §146; 2005 c.369
§5] (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 to the adoption,
the petitioner, in accordance with ORS 109.330, shall serve on the parent
a summons and a motion and order to show cause why the adoption of the
child should not be ordered without the parent’s consent.
(2) Upon hearing or when the parent has failed to file a written
answer as required in ORS 109.330 (3), if the court finds that the parent
has 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, the consent of
the parent at the discretion of the court is not required and, if the
court determines that the parent’s consent is not required, the court may
proceed regardless of the objection of the parent.
(3) In determining whether the parent has willfully deserted the
child or neglected without just and sufficient cause to provide proper
care and maintenance for the child, the court may:
(a) Disregard incidental visitations, communications and
contributions; and
(b) Consider, among other factors the court finds relevant, whether
the custodial parent has attempted, without good cause shown, to prevent
or to impede contact between the child and the parent whose parental
rights would be terminated in an action under this section.
(4) This section does not apply when consent is given in loco
parentis under ORS 109.316 or 109.318. [1957 c.710 §7 (109.312 to 109.329
enacted in lieu of 109.320); 2003 c.576 §147; 2003 c.579 §1; 2005 c.369
§6] (1) If the mother of a
child was married at the time of the conception or birth of the child,
and it has been determined pursuant to ORS 109.070 or judicially
determined that her husband at such time or times was not the father of
the child, the husband’s authorization or waiver is not required in
adoption, juvenile court or other proceedings concerning the custody of
the child.
(2) If paternity of the child has not been determined, a
determination of nonpaternity may be made by any court having adoption,
divorce or juvenile court jurisdiction. The testimony or affidavit of the
mother or the husband or another person with knowledge of the facts filed
in the proceeding constitutes competent evidence before the court making
the determination.
(3) Before making the determination of nonpaternity, the petitioner
shall serve on the husband a summons and a true copy of a motion and
order to show cause why the husband’s parental rights should not be
terminated if:
(a) There has been a determination by any court of competent
jurisdiction that the husband is the father of the child;
(b) The child resided with the husband at any time since the
child’s birth; or
(c) The husband repeatedly has contributed or tried to contribute
to the support of the child.
(4) When the petitioner is required to serve the husband with a
summons and a motion and order to show cause under subsection (3) of this
section, service must be made in the manner provided in ORCP 7 D and E,
except as provided in subsection (6) of this section. Service must be
proved as required in ORCP 7 F. The summons and the motion and order to
show cause need not contain the names of the adoptive parents.
(5) A summons under subsection (3) of this section must contain:
(a) A statement that if the husband fails to file a written answer
to the motion and order to show cause within the time provided, the
court, without further notice and in the husband’s absence, may take any
action that is authorized by law, including but not limited to
terminating the husband’s parental rights and entering a judgment of
nonpaternity on the date the answer is required or on a future date.
(b) A statement that:
(A) The husband must file with the court a written answer to the
motion and order to show cause within 30 days after the date on which the
husband is served with the summons or, if service is made by publication
or posting under ORCP 7 D(6), within 30 days from the date of last
publication or posting.
(B) In the answer, the husband must inform the court and the
petitioner of the husband’s telephone number or contact telephone number
and the husband’s current residence, mailing or contact address in the
same state as the husband’s home. The answer may be in substantially the
following form:
___________________________________________________________________________
___
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF __________________, )
Petitioner, ) NO._____
)
) ANSWER
and )
)
_________, )
Respondent. )[ ] I consent to the termination of any parental rights that I may
have.
[ ] I do not consent to the termination of my parental rights. The
court should not order the termination of my parental rights for the
following reasons:
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________
Signature
DATE:_____________________
ADDRESS OR CONTACT ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT TELEPHONE:
________________________________________________________________________________________________
___
(c) A notice that, if the husband answers the motion and order to
show cause, the court:
(A) Will schedule a hearing to address the motion and order to show
cause and, if appropriate, the adoption petition;
(B) Will order the husband to appear personally; and
(C) May schedule other hearings related to the petition and may
order the husband to appear personally.
(d) A notice that the husband has the right to be represented by an
attorney. The notice must be in substantially the following form:
___________________________________________________________________________
___
You have a right to be represented by an attorney. If you wish to
be represented by an attorney, please retain one as soon as possible to
represent you in this proceeding. If you meet the state’s financial
guidelines, you are entitled to have an attorney appointed for you at
state expense. To request appointment of an attorney to represent you at
state expense, you must contact the circuit court immediately. Phone
______ for further information.
___________________________________________________________________________
___
(e) A statement that the husband has the responsibility to maintain
contact with the husband’s attorney and to keep the attorney advised of
the husband’s whereabouts.
(6) A husband who is served with a summons and a motion and order
to show cause under this section shall file with the court a written
answer to the motion and order to show cause within 30 days after the
date on which the husband is served with the summons or, if service is
made by publication or posting under ORCP 7 D(6), within 30 days from the
date of last publication or posting. In the answer, the husband shall
inform the court and the petitioner of the husband’s telephone number or
contact telephone number and current address, as defined in ORS 25.011.
The answer may be in substantially the form described in subsection (5)
of this section.
(7) If the husband requests the assistance of appointed counsel and
the court determines that the husband is financially eligible, the court
shall appoint an attorney to represent the husband at state expense.
Appointment of counsel under this subsection is subject to ORS 135.055,
151.216 and 151.219. The court may not substitute one appointed counsel
for another except pursuant to the policies, procedures, standards and
guidelines adopted under ORS 151.216.
(8) If the husband files an answer as required under subsection (6)
of this section, the court, by oral order made on the record or by
written order provided to the husband in person or mailed to the husband
at the address provided by the husband, shall:
(a) Inform the husband of the time, place and purpose of the next
hearing or hearings related to the motion and order to show cause or the
adoption petition;
(b) Require the husband to appear personally at the next hearing or
hearings related to the motion and order to show cause or the adoption
petition; and
(c) Inform the husband that, if the husband fails to appear as
ordered for any hearing related to the motion and order to show cause or
the adoption petition, the court, without further notice and in the
husband’s absence, may take any action that is authorized by law,
including but not limited to terminating the husband’s parental rights
and entering a judgment of nonpaternity on the date specified in the
order or on a future date, without the consent of the husband.
(9) If a husband fails to file a written answer as required in
subsection (6) of this section or fails to appear for a hearing related
to the motion and order to show cause or the petition as directed by
court order under this section, the court, without further notice to the
husband and in the husband’s absence, may take any action that is
authorized by law, including but not limited to terminating the husband’s
parental rights and entering a judgment of nonpaternity.
(10) There shall be sufficient proof to enable the court to grant
the relief sought without notice to the husband provided that the
affidavit of the mother of the child, of the husband or of another person
with knowledge of the facts filed in the proceeding states or the court
finds from other competent evidence:
(a) That the mother of the child was not cohabiting with her
husband at the time of conception of the child and that the husband is
not the father of the child;
(b) That the husband has not been judicially determined to be the
father;
(c) That the child has not resided with the husband; and
(d) That the husband has not contributed or tried to contribute to
the support of the child.
(11) Notwithstanding the provision of ORS 109.070 (1)(a), service
of a summons and a motion and order to show cause on the husband under
subsection (3) of this section is not required and the husband’s consent,
authorization or waiver is not required in adoption proceedings
concerning the child unless the husband has met the requirements of
subsection (3)(a), (b) or (c) of this section.
(12) A husband who was not cohabiting with the mother at the time
of the child’s conception has the primary responsibility to protect the
husband’s rights.
(13) Nothing in this section shall be used to set aside an act of a
permanent nature, including but not limited to adoption or termination of
parental rights, unless the father establishes, within one year after the
entry of the order or general judgment, as defined in ORS 18.005, fraud
on the part of the petitioner with respect to the matters specified in
subsection (10)(a), (b), (c) or (d) of this section. [1957 c.710 §8
(109.312 to 109.329 enacted in lieu of 109.320); 1959 c.609 §1; 1967
c.385 §1; 1969 c.591 §287; 1975 c.640 §16; 1989 c.907 §1; 1995 c.514 §19;
2003 c.576 §148; 2005 c.160 §16; 2005 c.369 §7]Note: The amendments to 109.326 by section 22, chapter 160, Oregon
Laws 2005, become operative January 2, 2008. See section 23, chapter 160,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
109.326. (1) If the mother of a child was married at the time of
the conception or birth of the child, and it has been determined pursuant
to ORS 109.070 or judicially determined that her husband at such time or
times was not the father of the child, the husband’s authorization or
waiver is not required in adoption, juvenile court or other proceedings
concerning the custody of the child.
(2) If paternity of the child has not been determined, a
determination of nonpaternity may be made by any court having adoption,
divorce or juvenile court jurisdiction. The testimony or affidavit of the
mother or the husband or another person with knowledge of the facts filed
in the proceeding constitutes competent evidence before the court making
the determination.
(3) Before making the determination of nonpaternity, the petitioner
shall serve on the husband a summons and a true copy of a motion and
order to show cause why the husband’s parental rights should not be
terminated if:
(a) There has been a determination by any court of competent
jurisdiction that the husband is the father of the child;
(b) The child resided with the husband at any time since the
child’s birth; or
(c) The husband repeatedly has contributed or tried to contribute
to the support of the child.
(4) When the petitioner is required to serve the husband with a
summons and a motion and order to show cause under subsection (3) of this
section, service must be made in the manner provided in ORCP 7 D and E,
except as provided in subsection (6) of this section. Service must be
proved as required in ORCP 7 F. The summons and the motion and order to
show cause need not contain the names of the adoptive parents.
(5) A summons under subsection (3) of this section must contain:
(a) A statement that if the husband fails to file a written answer
to the motion and order to show cause within the time provided, the
court, without further notice and in the husband’s absence, may take any
action that is authorized by law, including but not limited to
terminating the husband’s parental rights and entering a judgment of
nonpaternity on the date the answer is required or on a future date.
(b) A statement that:
(A) The husband must file with the court a written answer to the
motion and order to show cause within 30 days after the date on which the
husband is served with the summons or, if service is made by publication
or posting under ORCP 7 D(6), within 30 days from the date of last
publication or posting.
(B) In the answer, the husband must inform the court and the
petitioner of the husband’s telephone number or contact telephone number
and the husband’s current residence, mailing or contact address in the
same state as the husband’s home. The answer may be in substantially the
following form:
___________________________________________________________________________
___
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF __________________, )
Petitioner, ) NO._____
)
) ANSWER
and )
)
_________, )
Respondent. )[ ] I consent to the termination of any parental rights that I may
have.
[ ] I do not consent to the termination of my parental rights. The
court should not order the termination of my parental rights for the
following reasons:
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________
Signature
DATE:_____________________
ADDRESS OR CONTACT ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT TELEPHONE:
________________________________________________________________________________________________
___
(c) A notice that, if the husband answers the motion and order to
show cause, the court:
(A) Will schedule a hearing to address the motion and order to show
cause and, if appropriate, the adoption petition;
(B) Will order the husband to appear personally; and
(C) May schedule other hearings related to the petition and may
order the husband to appear personally.
(d) A notice that the husband has the right to be represented by an
attorney. The notice must be in substantially the following form:
___________________________________________________________________________
___
You have a right to be represented by an attorney. If you wish to
be represented by an attorney, please retain one as soon as possible to
represent you in this proceeding. If you meet the state’s financial
guidelines, you are entitled to have an attorney appointed for you at
state expense. To request appointment of an attorney to represent you at
state expense, you must contact the circuit court immediately. Phone
______ for further information.
___________________________________________________________________________
___
(e) A statement that the husband has the responsibility to maintain
contact with the husband’s attorney and to keep the attorney advised of
the husband’s whereabouts.
(6) A husband who is served with a summons and a motion and order
to show cause under this section shall file with the court a written
answer to the motion and order to show cause within 30 days after the
date on which the husband is served with the summons or, if service is
made by publication or posting under ORCP 7 D(6), within 30 days from the
date of last publication or posting. In the answer, the husband shall
inform the court and the petitioner of the husband’s telephone number or
contact telephone number and current address, as defined in ORS 25.011.
The answer may be in substantially the form described in subsection (5)
of this section.
(7) If the husband requests the assistance of appointed counsel and
the court determines that the husband is financially eligible, the court
shall appoint an attorney to represent the husband at state expense.
Appointment of counsel under this subsection is subject to ORS 135.055,
151.216 and 151.219. The court may not substitute one appointed counsel
for another except pursuant to the policies, procedures, standards and
guidelines adopted under ORS 151.216.
(8) If the husband files an answer as required under subsection (6)
of this section, the court, by oral order made on the record or by
written order provided to the husband in person or mailed to the husband
at the address provided by the husband, shall:
(a) Inform the husband of the time, place and purpose of the next
hearing or hearings related to the motion and order to show cause or the
adoption petition;
(b) Require the husband to appear personally at the next hearing or
hearings related to the motion and order to show cause or the adoption
petition; and
(c) Inform the husband that, if the husband fails to appear as
ordered for any hearing related to the motion and order to show cause or
the adoption petition, the court, without further notice and in the
husband’s absence, may take any action that is authorized by law,
including but not limited to terminating the husband’s parental rights
and entering a judgment of nonpaternity on the date specified in the
order or on a future date, without the consent of the husband.
(9) If a husband fails to file a written answer as required in
subsection (6) of this section or fails to appear for a hearing related
to the motion and order to show cause or the petition as directed by
court order under this section, the court, without further notice to the
husband and in the husband’s absence, may take any action that is
authorized by law, including but not limited to terminating the husband’s
parental rights and entering a judgment of nonpaternity.
(10) There shall be sufficient proof to enable the court to grant
the relief sought without notice to the husband provided that the
affidavit of the mother of the child, of the husband or of another person
with knowledge of the facts filed in the proceeding states or the court
finds from other competent evidence:
(a) That the mother of the child was not cohabiting with her
husband at the time of conception of the child and that the husband is
not the father of the child;
(b) That the husband has not been judicially determined to be the
father;
(c) That the child has not resided with the husband; and
(d) That the husband has not contributed or tried to contribute to
the support of the child.
(11) Notwithstanding the provision of ORS 109.070 (1)(b), service
of a summons and a motion and order to show cause on the husband under
subsection (3) of this section is not required and the husband’s consent,
authorization or waiver is not required in adoption proceedings
concerning the child unless the husband has met the requirements of
subsection (3)(a), (b) or (c) of this section.
(12) A husband who was not cohabiting with the mother at the time
of the child’s conception has the primary responsibility to protect the
husband’s rights.
(13) Nothing in this section shall be used to set aside an act of a
permanent nature, including but not limited to adoption or termination of
parental rights, unless the father establishes, within one year after the
entry of the order or general judgment, as defined in ORS 18.005, fraud
on the part of the petitioner with respect to the matters specified in
subsection (10)(a), (b), (c) or (d) of this section. 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 109.320)](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 the
person to be adopted. The written consents shall be filed with the
petition.
(2) In addition to the written consents required under subsection
(1) of this section, an adoption of a person who is 18 years of age or
older or who is legally married is governed by the following:
(a) One petitioner or the person to be adopted must have resided in
this state continuously for a period of six months prior to the filing of
the petition; and
(b) The petition must be filed in the county in which one
petitioner or the person to be adopted resides.
(3) The court may grant the petition if the court finds, from the
allegations set forth in the petition and an attached affidavit, that
each petitioner:
(a) Understands the significance and ramifications of the adoption;
and
(b) Is not acting under duress, coercion or undue influence.
(4) In a proceeding under this section, the court may:
(a) Appoint counsel for each petitioner or for the person to be
adopted or both or appoint a visitor, as provided in ORS 125.150. If the
court appoints counsel or a visitor or both under this paragraph, the
court shall apportion the costs among each petitioner and the person
being adopted.
(b) Hold a hearing.
(c) On the court’s own motion, take testimony from or hold a
conference with each petitioner and the person to be adopted. The court
may hold a conference with one party and exclude the other party from the
conference. In such a case, the court shall allow the attorney for the
excluded party to attend the conference.
(d) Require that notice of the proceeding be provided by each
petitioner to any or all of the following:
(A) The spouse of each petitioner.
(B) A person cohabiting with a petitioner who is interested in the
affairs and welfare of the petitioner.
(C) The adult children of each petitioner.
(5) If, upon a petition for adoption presented and consented to in
writing by each petitioner and the person to be adopted, the court is
satisfied as to the identity and relations of each petitioner and the
person to be adopted, that each petitioner understands the significance
and ramifications of the adoption, that each petitioner is not acting
under duress, coercion or undue influence and that it is fit and proper
that the adoption be effected, a judgment shall be made setting forth the
facts and ordering that from the date of the judgment, the person to be
adopted, for all legal intents and purposes, is the child of the
petitioner or petitioners.
(6) The provisions of ORS 109.308, 109.309, 109.342 and 109.353 do
not apply to an adoption under this section. [1957 c.710 §10 (109.312 to
109.329 enacted in lieu of 109.320); 1973 c.827 §13; 2003 c.579 §2](1) In the cases provided for in ORS
109.314, 109.322 and 109.324, when a parent does not consent to the
adoption of the child, the petitioner shall serve the parent with a
summons and a true copy of a motion and order to show cause why the
proposed adoption should not be ordered without the parent’s consent.
Except as provided in subsection (3) of this section, service must be
made in the manner provided in ORCP 7 D and E. Service must be proved as
required in ORCP 7 F. The summons and the motion and order to show cause
need not contain the names of the adoptive parents.
(2) A summons under this section must contain:
(a) A statement that an adoption petition has been filed and that,
if the parent fails to file a written answer to the motion and order to
show cause within the time provided, the court, without further notice
and in the parent’s absence, may take any action that is authorized by
law, including but not limited to entering a judgment of adoption of the
child if the court determines, on the date the answer is required or on a
future date, that:
(A) Consent of the parent is not required; and
(B) The adoption is in the best interests of the child.
(b) A statement that:
(A) The parent must file with the court a written answer to the
motion and order to show cause within 30 days after the date on which the
parent is served with the summons or, if service is made by publication
or posting under ORCP 7 D(6), within 30 days from the date of last
publication or posting.
(B) In the answer, the parent must inform the court and the
petitioner of the parent’s telephone number or contact telephone number
and the parent’s current residence, mailing or contact address in the
same state as the parent’s home. The answer may be in substantially the
following form:
___________________________________________________________________________
___
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF __________________, )
Petitioner, ) NO._____
)
) ANSWER
and )
)
_________, )
Respondent. )[ ] I consent to the proposed adoption.
[ ] I do not consent to the proposed adoption. The court should not
order the proposed adoption without my consent for the following reasons:
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________________________________________
___
___________________________________________
Signature
DATE:__________________
ADDRESS OR CONTACT ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT TELEPHONE:
________________________________________________________________________________________________
___
(c) A notice that, if the parent answers the motion and order to
show cause, the court:
(A) Will schedule a hearing to address the motion and order to show
cause and, if appropriate, the adoption petition;
(B) Will order the parent to appear personally; and
(C) May schedule other hearings related to the petition and may
order the parent to appear personally.
(d) A notice that the parent has the right to be represented by an
attorney. The notice must be in substantially the following form:
___________________________________________________________________________
___
You have a right to be represented by an attorney. If you wish to
be represented by an attorney, please retain one as soon as possible to
represent you in this proceeding. If you meet the state’s financial
guidelines, you are entitled to have an attorney appointed for you at
state expense. To request appointment of an attorney to represent you at
state expense, you must contact the circuit court immediately. Phone
______ for further information.
___________________________________________________________________________
___
(e) A statement that the parent has the responsibility to maintain
contact with the parent’s attorney and to keep the attorney advised of
the parent’s whereabouts.
(3) A parent who is served with a summons and a motion and order to
show cause under this section shall file with the court a written answer
to the motion and order to show cause within 30 days after the date on
which the parent is served with the summons or, if service is made by
publication or posting under ORCP 7 D(6), within 30 days from the date of
last publication or posting. In the answer, the parent shall inform the
court and the petitioner of the parent’s telephone number or contact
telephone number and current address, as defined in ORS 25.011. The
answer may be in substantially the form described in subsection (2) of
this section.
(4) If the parent requests the assistance of appointed counsel and
the court determines that the parent is financially eligible, the court
shall appoint an attorney to represent the parent at state expense.
Appointment of counsel under this subsection is subject to ORS 135.055,
151.216 and 151.219. The court may not substitute one appointed counsel
for another except pursuant to the policies, procedures, standards and
guidelines adopted under ORS 151.216.
(5) If the parent files an answer as required under subsection (3)
of this section, the court, by oral order made on the record or by
written order provided to the parent in person or mailed to the parent at
the address provided by the parent, shall:
(a) Inform the parent of the time, place and purpose of the next
hearing or hearings related to the motion and order to show cause or the
adoption petition;
(b) Require the parent to appear personally at the next hearing or
hearings related to the motion and order to show cause or the adoption
petition; and
(c) Inform the parent that, if the parent fails to appear as
ordered for any hearing related to the motion and order to show cause or
the adoption petition, the court, without further notice and in the
parent’s absence, may take any action that is authorized by law,
including but not limited to entering a judgment of adoption of the child
on the date specified in the order or on a future date, without the
consent of the parent.
(6) If a parent fails to file a written answer as required in
subsection (3) of this section or fails to appear for a hearing related
to the motion and order to show cause or the petition as directed by
court order under this section, the court, without further notice to the
parent and in the parent’s absence, may take any action that is
authorized by law, including but not limited to entering a judgment of
adoption of the child without the consent of the parent if the court
finds, on the date the answer is required or on a future date, the action
to be in the child’s best interests.
(7) If the child has no living parent and no guardian or next of
kin in this state qualified to appear in behalf of the child, the court
may order such notice, if any, to be given as the court deems necessary
or proper. [Amended by 1957 c.710 §11; 1967 c.385 §2; 1969 c.591 §288;
1975 c.640 §17; 1979 c.284 §101; 2005 c.369 §1] (1) When a
petition has been filed under ORS 109.309 concerning the adoption by a
stepparent of a child, a grandparent served with a copy of the petition
under ORS 109.309 (7) may file a motion with the court asking the court
to award a grandparent the right to regular visitation with the child
after the adoption. A motion under this subsection must be filed no later
than 30 days after service of the petition.
(2) The court shall award a grandparent visitation rights only if
the court finds by clear and convincing evidence that:
(a) Establishing visitation rights is in the best interests of the
child;
(b) A substantial relationship existed prior to the adoption
between the child and the grandparent seeking visitation rights; and
(c) Establishing visitation rights does not substantially interfere
with the relationship between the child and the adoptive family.
(3) As used in this section, “grandparent” includes a grandparent
who has established custody, visitation or other rights under ORS
109.119. [1993 c.689 §2; 1993 c.717 §10; 1995 c.90 §4; 2001 c.873 §7;
2003 c.258 §3; 2005 c.22 §88]Note: 109.332 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 further
explanation.Notwithstanding the provisions of ORS chapter 125 that
relate to the appointment of a guardian, when a petition is filed
pursuant to ORS 109.309 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 its own motion enter an order appointing the petitioner or
some other suitable person guardian of the minor child pending further
order of the court or entry of a judgment under ORS 109.350. [1965 c.187
§1; 1967 c.231 §1; 1973 c.823 §108; 1995 c.664 §83; 2003 c.576 §149](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 biological parents as
complete as possible under the circumstances.
(2) When possible, the medical history shall include, but need not
be limited to:
(a) A medical history of the adoptee from birth up to the time of
adoption, including disease, disability, congenital or birth defects, and
records of medical examinations of the child, if any;
(b) Physical characteristics of the biological parents, including
age at the time of the adoptee’s birth, height, weight, and color of
eyes, hair and skin;
(c) A gynecologic and obstetric history of the biological mother;
(d) A record of potentially inheritable genetic or physical traits
or tendencies of the biological parents or their families; and
(e) Any other useful or unusual biological information that the
biological parents are willing to provide.
(3) The names of the biological parents shall not be included in
the medical history.
(4) The court shall give the history to the adoptive parents at the
time the judgment is entered and shall give the history to the adoptee,
upon request, after the adoptee attains the age of majority.
(5) Subsection (1) of this section does not apply when a person is
adopted by a stepparent.
(6) The Department of Human Services shall prescribe a form for the
compilation of the medical history. [1979 c.493 §2; 2003 c.576 §150] (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 sessions of
adoption-related counseling after surrender or relinquishment of the
child for adoption.
(2) Notice of the right to adoption-related counseling shall be in
writing and shall be provided to the consenting birth parent by either
the attorney for the birth parent, the agency representative taking the
birth parent’s consent or the attorney for the prospective adoptive
parent. Before entry of a judgment of adoption, the agency or attorney
providing the written notice shall submit verification to the court that
the notice was given to the consenting birth parent.
(3) The prospective adoptive parent shall pay all uninsured costs
of the adoption-related counseling required by this section, provided the
counseling is received within one year of the date of surrender or
relinquishment of the child for adoption.
(4) Adoption-related counseling under this section, unless
otherwise agreed to by the prospective adoptive parent and the consenting
birth parent, shall be provided by:
(a) A social worker employed by an Oregon licensed adoption agency
other than the social worker assigned to the prospective adoptive parent;
(b) A social worker, counselor or therapist who is working under
the supervision of a licensed clinical social worker or a licensed
professional counselor and who is knowledgeable about birth parent,
adoption and grief and loss issues; or
(c) A social worker, counselor or therapist who:
(A) Has a graduate degree in social work, counseling or psychology;
and
(B) Is knowledgeable about birth parent, adoption and grief and
loss issues.
(5) The requirements of this section do not apply to:
(a) An adoption in which a birth parent relinquishes parental
rights to the Department of Human Services;
(b) An adoption in which one parent retains parental rights;
(c) An adoption in which the child is born in a foreign country and
adopted under the laws of that country or readopted in Oregon;
(d) An adoption in which the child is born in a foreign country and
subsequently adopted in Oregon and in which the identity or whereabouts
of the child’s birth parents are unknown; or
(e) An adoption of an adult.
(6) Failure to provide the notice required by this section or
failure to pay the uninsured costs of adoption-related counseling
required by this section is not grounds for setting aside an adoption
judgment or for revocation of a written consent to an adoption or a
certificate of irrevocability. [2001 c.586 §2; 2003 c.576 §151]Note: 109.346 and 109.347 were enacted into law by the Legislative
Assembly but were 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 further explanation.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-related counseling. The court shall award reasonable attorney
fees and costs of the action to a prevailing birth parent. [2001 c.586 §3]Note: See note under 109.346. If, upon a petition for adoption 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
reference to the degree and condition of the parents, that, if
applicable, the requirements of the Indian Child Welfare Act (25 U.S.C.
1901 et seq.) have been met, and that it is fit and proper that such
adoption be effected, a judgment shall be made setting forth the facts,
and ordering that from the date of the judgment the child, to all legal
intents and purposes, is the child of the petitioner. In an adoption
subject to the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), the
state court shall provide to the United States Secretary of the Interior
a copy of the judgment together with the other information required by
the Indian Child Welfare Act (25 U.S.C. 1901 et seq.). [Amended by 1959
c.430 §4; 1983 c.302 §3; 2003 c.576 §152]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 voluntary adoption registry established under ORS 109.450
and have been given information on how to access those services. The
court may waive this requirement upon a finding of good cause. [1995
c.730 §5; 1999 c.160 §1; 2003 c.576 §153]Note: 109.353 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 further
explanation. 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 name without the notices required by ORS
33.420. [Amended by 1997 c.872 §24; 2003 c.576 §154] (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 and not by a court of special or
inferior jurisdiction, and jurisdiction over the persons and the cause
shall be presumed to exist.
(2) Except for such right of appeal as may be provided by law,
judgments of adoption shall be binding and conclusive upon all parties to
the proceeding. No party nor anyone claiming by, through or under a party
to an adoption proceeding, may for any reason, either by collateral or
direct proceedings, question the validity of a judgment of adoption
entered by a court of competent jurisdiction of this or any other state.
(3) After the expiration of one year from the entry of a judgment
of adoption in this state the validity of the adoption shall be binding
on all persons, and it shall be conclusively presumed that the child’s
natural parents and all other persons who might claim to have any right
to, or over the child, have abandoned the child and consented to the
entry of such judgment of adoption, and that the child became the lawful
child of the adoptive parents or parent at the time when the judgment of
adoption was rendered, all irrespective of jurisdictional or other
defects in the adoption proceeding. After the expiration of the one-year
period no one may question the validity of the adoption for any reason,
either through collateral or direct proceedings, and all persons shall be
bound thereby. However, the provisions of this subsection shall not
affect the right of appeal from a judgment of adoption as may be provided
by law. [Subsections (1), (2) and (3) enacted as 1959 c.609 §§2,3,4;
subsection (4) derived from 1959 c.609 §6; 2003 c.576 §155; 2005 c.22 §89]
(1) An adoption in any foreign nation under the laws of such nation of a
person who is at the time of the adoption a national of such nation by
adoptive parents at least one of whom is a citizen of the United States
shall be recognized as a valid and legal adoption for all purposes in the
State of Oregon if the adoption is valid and legal in the foreign nation
wherein the adoption occurred.
(2) The certificate of a judge of a court of general jurisdiction
under the seal of the judge or the seal of the court in any foreign
nation with respect to the adoption of a national of such foreign nation
by adoptive parents at least one of whom is a citizen of the United
States that all pertinent laws of such foreign nation have been complied
with and the adoption is in all respects legal and valid shall be prima
facie evidence in any court in the State of Oregon in any proceeding that
such adoption was in fact legal and valid. Such certificate shall be
prima facie evidence even if under the laws of the foreign nation the
adoption is an administrative procedure and is not within the
jurisdiction of the court or the judge making the certificate. [1961 c.95
§§2,3]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 in court where a proceeding for the adoption of the
child is pending.
(3) Give or withhold consent in loco parentis to the adoption of
the child only in accordance with ORS 109.316. [1957 c.710 §14; 1971
c.401 §6; 2005 c.22 §90] (1) When a petition for adoption is
filed with a court, the petitioner or the attorney thereof shall file
with the petition an adoption report form as provided in ORS 432.415.
(2) Notwithstanding ORS 7.211, if the court enters a judgment of
adoption, the clerk of the court shall review the personal particulars
filled in on the form, shall fill in the remaining blanks on the form,
shall certify the form and mail it to the State Registrar of the Center
for Health Statistics as the adoption report as required under ORS
432.415. [1959 c.430 §1; 1983 c.709 §41; 1997 c.783 §45; 2003 c.576 §156](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. The certificate shall be substantially in the following
form:
___________________________________________________________________________
___
CERTIFICATE OF ADOPTION
IN THE ________ COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF
___________
In the Matter of the Adoption of:___________________________File No.___________
Name after AdoptionThis is to certify that on the ___ day of________, 2___, a Judgment of
Adoption was granted by the Honorable Judge ____________ granting the
adoption of the above-named person by _________________.
The adopted person, above named, was born in the City
of___________, County of________, State of________, on the __ day
of_____, 2__.
Dated at________, Oregon, this __ day of___, 2__.
(Title of the Clerk of the Court)
(SEAL) By _______________Deputy
___________________________________________________________________________
___ (2) The certificate of adoption may be issued by the judge who
granted the adoption, instead of by the clerk of the court.
(3) The certificate of adoption shall not state the former name of
the person adopted, unless the name was not changed by the judgment, and
shall not state the name of either biological parent of the person
adopted. However, if the adoption was by the adopted person’s stepparent,
the name of the adopting stepparent’s spouse may be set forth in the
certificate if requested.
(4)(a) For the issuance of one certificate of adoption for any
person who was adopted after October 3, 1979, a fee of not more than $1
may be charged and collected by the clerk of the court.
(b) For additional certificates or for certificates of adoption for
persons adopted prior to October 3, 1979, a fee of not more than $1 for
each certificate may be charged and collected by the clerk of the court.
(5) No certificate of adoption shall be issued to any person other
than the persons described in subsection (1) of this section without
order of the court.
(6) For all purposes, the certificate of adoption shall constitute
legal proof of the facts set forth therein, shall have the same force and
effect and the same presumptions of validity as the judgment of adoption,
and shall be entitled to full faith and credit. [1979 c.397 §2; 1985
c.496 §24; 2003 c.576 §157]VOLUNTARY ADOPTION REGISTRY As used
in this section and ORS 109.435 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 become a parent of a
child through adoption.
(4) “Adult” means a person 18 years of age or older.
(5) “Agency” means any public or private organization licensed or
authorized under the laws of this state to place children for adoption.
(6) “Birth parent” is:
(a) The man or woman who is legally presumed under the laws of this
state to be the father or mother of genetic origin of a child; and
(b) A putative father of the child if the birth mother alleges he
is the father and the putative father, by written affidavit or surrender
and release executed within three years of the relinquishment of the
child by the birth mother or the termination of parental rights of the
birth mother, acknowledges being the child’s biological father.
(7) “Department” means the Department of Human Services.
(8)(a) “Genetic and social history” is a comprehensive report, when
obtainable, of the health status and medical history of the birth parents
and other persons related to the child.
(b) The genetic and social history may contain as much of the
following as is available:
(A) Medical history;
(B) Health status;
(C) Cause of and age at death;
(D) Height, weight, eye and hair color;
(E) Ethnic origins; and
(F) Religion, if any.
(c) The genetic and social history may include the health status
and medical history of:
(A) The birth parents;
(B) A putative father, if any;
(C) Siblings to the birth parents, if any;
(D) Siblings to a putative father, if any;
(E) Other children of either birth parent, if any;
(F) Other children of a putative father, if any;
(G) Parents of the birth parents; and
(H) Parents of a putative father, if any.
(9) “Health history” is a comprehensive report, when obtainable, of
the child’s health status and medical history at the time of placement
for adoption, including neonatal, psychological, physiological and
medical care history.
(10) “Putative father” is a man who, under the laws of this state,
is not legally presumed to be the father of genetic origin of a child,
but who claims or is alleged to be the father of genetic origin of the
child.
(11) “Registry” is a voluntary adoption registry as established
under ORS 109.450.
(12) “Successor agency” is an agency which has the adoption records
of another agency because of the merger of the agency and the successor
agency or because a former agency has ceased doing business and has given
its adoption records to the successor agency as provided in ORS 109.435
(2). [1983 c.672 §2; 1989 c.372 §1; 1993 c.410 §1; 1995 c.79 §39; 1995
c.730 §7; 1997 c.130 §3; 1997 c.442 §1; 2001 c.900 §14]Note: 109.425 to 109.507 and 109.990 (2) were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS
chapter 109 by legislative action. See Preface to Oregon Revised Statutes
for further explanation. 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 underlying adoption must be
maintained. The state recognizes that some adults who were adopted as
children have a strong desire to obtain identifying information about
their birth parents or putative father while other such adult adoptees
have no such desire. The state further recognizes that some birth parents
have a strong desire to obtain identifying information about their
biological children who were adopted, while other birth parents have no
such desire. The state fully recognizes the right to privacy and
confidentiality of birth parents whose children were adopted, the
adoptees and the adoptive parents. The purpose of ORS 7.211, 109.425 to
109.507 and 432.420 is to:
(1) Set up a voluntary adoption registry where birth parents,
putative fathers and adult adoptees may register their willingness to the
release of identifying information to each other;
(2) Provide for the disclosure of identifying information to birth
parents and their genetic offspring through a social worker employed by a
licensed adoption agency, if a birth parent or parents or putative father
and the adult adoptee are registered;
(3) Provide for the transmission of nonidentifying health and
social and genetic history of the adult adoptees, birth parents, putative
fathers and other specified persons; and
(4) Provide for disclosure of specific identifying information to
Indian tribes or governmental agencies when needed to establish the
adoptee’s eligibility for tribal membership or for benefits or to a
person responsible for settling an estate that refers to the adoptee.
[1983 c.672 §1; 1989 c.372 §5; 1995 c.79 §40; 1995 c.730 §8; 1997 c.442
§2]Note: See note under 109.425. (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 the department or to a
successor agency, if the agency gives notice of the transfer to the
department. [1983 c.672 §3]Note: See note under 109.425. (1) A person or
agency may not disclose any confidential information relating to an
adoption except as provided in subsection (2) of this section and ORS
109.425 and 109.435 to 109.507 or pursuant to a court order.
(2) The provisions of subsection (1) of this section do not apply
when confidential information relating to an international adoption is
requested by the adult adoptee. [1983 c.672 §4; 1995 c.79 §41; 1995 c.730
§9; 2001 c.586 §1]Note: See note under 109.425. (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 require the registry to disclose identifying information.
[1983 c.672 §5]Note: See note under 109.425.(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 shall establish, maintain and
operate the registry for all adoptions not arranged through a licensed
agency. The department may contract out the function of establishing,
maintaining and operating the registry to another agency. The department
may join a voluntary national or international registry and make its
records available in the manner authorized by ORS 109.425 to 109.507.
However, if the rules of disclosure of such a voluntary organization
differ from those prescribed in ORS 109.425 and 109.435 to 109.507, ORS
109.425 and 109.435 to 109.507 shall prevail. [1983 c.672 §6; 1995 c.79
§42; 1995 c.730 §10]Note: See note under 109.425. (1) As provided in ORS
109.475 and except as provided in subsection (2) of this section, only a
birth parent, adult adoptee, adult genetic sibling of an adoptee,
adoptive parent of a deceased adoptee or parents or adult siblings of a
deceased birth parent or parents may use the registry for obtaining
identifying information about birth parents, putative fathers, adult
adoptees and adult adoptee genetic siblings.
(2) An adult adoptee who has a genetic sibling in the adult
adoptee’s adoptive family who is under the age of 18 may not have access
to the registry.
(3) A putative father may not have access to the registry.
(4) Birth parents, adult adoptees, adult genetic siblings of an
adoptee, adoptive parent or parents of a deceased adoptee and parents or
adult siblings of a deceased birth parent or parents shall work through
the agency involved in the adoption, or its successor agency, or the
Department of Human Services to receive information concerning the
adoption. [1983 c.672 §7; 1989 c.372 §2; 1997 c.442 §3]Note: See note under 109.425. (1) An adult adoptee, each
birth parent, a putative father, an adult genetic sibling of an adoptee,
an adoptive parent of a deceased adoptee and a parent or adult sibling of
a deceased birth parent or parents may register by submitting a signed
affidavit to the appropriate registry. The affidavit shall contain the
information listed in ORS 109.465 and a statement of the registrant’s
willingness to be identified to the other relevant persons who register.
The affidavit gives authority to the registry to release identifying
information related to the registrant to the other relevant persons who
register. Each registration shall be accompanied by the birth certificate
of the registrant.
(2) An adoptee, or the parent or guardian of an adoptee under 18
years of age, may register to have specific identifying information
disclosed to Indian tribes or to governmental agencies in order to
establish the adoptee’s eligibility for tribal membership or for benefits
or to a person settling an estate. The information shall be limited to a
true copy of documents that prove the adoptee’s lineage. Information
disclosed in accordance with this subsection shall not be disclosed to
the adoptee or the parent or guardian of the adoptee by the registry or
employee or agency operating a registry nor by the Indian tribe,
governmental agency or person receiving the information.
(3) Except as provided in ORS 109.475 (2), if a birth parent or an
adoptee fails to file an affidavit with the registry for any reason,
including death or disability, identifying information shall not be
disclosed to those relevant persons who do register.
(4) Except as otherwise provided in ORS 109.503, a registry or
employee or the agency operating a registry shall not contact or in any
other way solicit any adoptee or birth parent to register with the
registry. [1983 c.672 §8; 1989 c.372 §6; 1993 c.410 §10; 1997 c.442 §4]Note: See note under 109.425. (1)
The affidavit required under ORS 109.460 shall contain:
(a) The current name and address of the registrant;
(b) Any previous name by which the registrant was known;
(c) The original or adopted names of the adopted child;
(d) The place and date of birth of the adopted child, if known; and
(e) The name and address of the agency, if known.
(2) The registrant shall notify the registry of any change in name
or address which occurs after the registrant registers. Upon registering,
the registry shall inform the registrant that the registrant has the
responsibility to notify the registry of a change in address. The
registry is not required to search for a registrant who fails to notify
the registry of a change in address.
(3) A registrant may cancel the registrant’s registration at any
time by giving the registry written notice of the registrant’s desires to
so cancel. [1983 c.672 §9]Note: See note under 109.425.
(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 reaches age 18, a putative father of the
adoptee, if the putative father registered with the registry before the
adoptee was age 18, shall notify the registry in writing only if the
putative father does not desire to continue the registration.
(3) A registry shall notify a birth parent or putative father of
this requirement when the birth parent or putative father initially
registers. [1983 c.672 §10; 1989 c.372 §3; 1997 c.442 §5; 1999 c.650 §1]Note: See note under 109.425. (1) Upon receipt of the affidavit
under ORS 109.460, the registry shall process each affidavit in an
attempt to match the adult adoptee and the birth parents, the putative
father, the adult genetic sibling, the adoptive parent of a deceased
adoptee or the parents or adult sibling of a deceased birth parent or
parents. The processing shall include research from agency records, and
if necessary from court records, to determine whether the registrants
match.
(2) If the registry determines there is a match and if the relevant
persons have registered with the registry and received the counseling
required by ORS 109.480, notification of the match may be given by a
registry to only:
(a) A birth parent or parents of an adult adoptee and an adult
adoptee;
(b) The adult genetic siblings of an adult adoptee if the birth
parent or parents are deceased;
(c) Adult adoptee genetic siblings who have been adopted by
different adoptive families and have no knowledge of their birth parents;
(d) At the discretion of the agency operating the registry, parents
or adult siblings of the birth parent or parents if the birth parent or
parents are deceased; or
(e) At the discretion of the agency operating the registry, the
adoptive parent or parents of a deceased adoptee.
(3) Notification of a match to the relevant parties shall be made
through a direct and confidential contact. [1983 c.672 §11; 1997 c.442 §6]Note: See note under 109.425. (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:
(a) With a social worker employed by the registry; or
(b) If the registrant is domiciled outside the state, with a social
worker in that state who is selected by the registry.
(2) The counseling required under subsection (1) of this section
shall place an emphasis on an evaluation of the need for and the effect
of the information or contact on the genetic family members and the
relationships within the adoptive family. [1983 c.672 §12]Note: See note under 109.425. 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, a putative
father, an adult adoptee or an adult genetic sibling, and shall not
release information of any kind pertaining to:
(1) The adoptive parents;
(2) The siblings to the adult adoptee who are children of the
adoptive parents; and
(3) The income of any person. [1983 c.672 §14; 1997 c.442 §7]Note: See note under 109.425. 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. (1)
A genetic and social history and health history which excludes
information identifying any birth parent or putative father, member of a
birth parent’s or putative father’s family, the adoptee or the adoptive
parents of the adoptee, may be provided, if available, from an agency
upon request to the following persons:
(a) The adoptive parents of the child or the child’s guardian;
(b) The birth parent of the adoptee;
(c) An adult adoptee; and
(d) In the event of the death of the adoptee:
(A) The adoptee’s spouse if the spouse is the birth parent of the
adoptee’s child or the guardian of any child of the adoptee; or
(B) Any progeny of the adoptee who is 18 years of age or older.
(2) The medical history part of the report mentioned in subsection
(1) of this section may be in the form prescribed by the Department of
Human Services under ORS 109.342.
(3) The agency may charge the person requesting the information
requested under subsection (1) of this section the actual cost of
providing such information. [1983 c.672 §16; 1989 c.372 §4; 1997 c.442 §8]Note: See note under 109.425.(1)(a) An adult
adoptee or the adoptive parent of a minor or deceased adoptee may request
that the Department of Human Services or the Oregon licensed adoption
agency that facilitated the adoption conduct a search for the adoptee’s
birth parents, putative father or, except as otherwise provided in ORS
109.504 (1), for the adoptee’s genetic siblings.
(b) A birth parent, an adult genetic sibling of an adoptee or the
parent or adult sibling of a deceased birth parent may request the
department or the Oregon licensed adoption agency that facilitated the
adoption to conduct a search for an adult adoptee whom the birth parent
relinquished for adoption.
(c) A person requesting a search under paragraph (a) or (b) of this
subsection shall direct the request for the search to the Oregon licensed
adoption agency that facilitated the adoption. If the Oregon licensed
adoption agency that facilitated the adoption is not conducting searches
or has not been authorized by the department to conduct searches, the
person shall direct the request to the department.
(2) At the time of a request to conduct a search under this
section, the requester shall provide the department or the Oregon
licensed adoption agency that facilitated the adoption with such
information as the department or the Oregon licensed adoption agency
requires. The person requesting the search must be registered with a
registry established under ORS 109.450.
(3)(a) If the person has requested the department to conduct a
search, upon payment by the requester of a fee established by rule under
ORS 109.506, the department shall instruct an Oregon licensed adoption
agency to conduct the search.
(b) If the Oregon licensed adoption agency that facilitated the
adoption meets the standards established by rule under ORS 109.506, upon
payment by the requester of a fee established by rule under ORS 109.506,
the Oregon licensed adoption agency shall conduct the search. [1993 c.410
§3; 1995 c.730 §12; 1997 c.442 §9]Note: See note under 109.425.
(1) When the Department of Human Services or an Oregon licensed adoption
agency has been instructed to conduct a search, the department or an
Oregon licensed adoption agency may examine adoption records maintained
by the department and by private adoption agencies under ORS 109.435.
However, the department or an Oregon licensed adoption agency may examine
the adoption records of a private adoption agency only if the private
adoption agency allows the examination. The department or an Oregon
licensed adoption agency shall keep the records and information located
in the records confidential.
(2) If the department or an Oregon licensed adoption agency is able
to identify and locate the person being sought, the department or an
Oregon licensed adoption agency shall make a confidential inquiry of that
person to determine whether the person wishes to make contact with the
person requesting the search. The department or an Oregon licensed
adoption agency shall make the inquiry in person if possible. If the
reason the person is requesting the search is because there is a serious
medical condition in the person’s immediate family that is, or may be, an
inheritable condition and the person being sought is biologically related
to the ill person, the department or the Oregon licensed adoption agency
shall inform the person being sought of that fact.
(3)(a) If the person being sought wishes to make contact with the
person requesting the search, the department or an Oregon licensed
adoption agency shall:
(A) Tell the person about the voluntary adoption registry under ORS
109.435 to 109.507 and that any contact will be made through the registry
and its provisions and shall give the person any information and forms
necessary to register;
(B) Notify the voluntary adoption registry that the person being
sought has been identified and located and has indicated that the person
wishes to make contact; and
(C) Return all materials and information obtained during the search
to the department or agency responsible for maintaining the information.
(b) If the person being sought has indicated a wish to make contact
and has not registered with the voluntary adoption registry within 90
days after the confidential inquiry was made, the department or an Oregon
licensed adoption agency, where practicable, shall contact the person to
offer forms and materials to register and to determine if the person
still intends to register.
(4) If the person being sought does not wish to make contact with
the person requesting the search, the department or an Oregon licensed
adoption agency shall:
(a) Tell the person about the voluntary adoption registry under ORS
109.435 to 109.507;
(b) Notify the voluntary adoption registry that the person being
sought has been identified, located and has indicated that the person
does not wish to make contact; and
(c) Return all materials and information obtained during the search
to the department or agency responsible for maintaining the information.
(5) If the department or an Oregon licensed adoption agency is
unable to identify and locate the person being sought, the department or
an Oregon licensed adoption agency shall notify the voluntary adoption
registry of that fact.
(6) Upon receiving notice under subsection (3)(a)(B), (4)(b) or (5)
of this section, the voluntary adoption registry shall:
(a) Enter the information into its records; and
(b) Notify the person requesting the search only that the person
being sought has or has not been located, and either:
(A) Has indicated a wish to make contact and has been given
information and forms necessary to register; or
(B) Has indicated a wish not to make contact. [1993 c.410 §4; 1995
c.79 §43; 1995 c.730 §13; 1997 c.442 §10]Note: See note under 109.425.(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 putative father not
previously contacted. An adult adoptee or the adoptive parent of a minor
or deceased adoptee may not request a search for a genetic sibling of the
adoptee if there was a previous search for a birth parent of the adoptee
and the birth parent did not want to make contact with the adult adoptee
or adoptive parent.
(2) The adult adoptee or adoptive parent of a minor or deceased
adoptee shall request the search by repeating the process set out in ORS
109.502 and by paying the fees established by the Department of Human
Services pursuant to ORS 109.506. [1993 c.410 §5; 1997 c.442 §11]Note: See note under 109.425. Information
about agency and community resources regarding psychological issues in
adoption and reunion shall be provided:
(1) By the Department of Human Services or an Oregon licensed
adoption agency to all persons requesting a search under ORS 109.502; and
(2) By the department or an Oregon licensed adoption agency only to
those persons the department or an Oregon licensed adoption agency
identifies and locates as the result of a search under ORS 109.503 and
who express a wish to receive information. [1993 c.410 §6; 1995 c.730 §14]Note: See note under 109.425. The Department of Human Services by rule
shall establish:
(1) Eligibility standards for Oregon licensed adoption agencies
that conduct searches under ORS 109.503;
(2) Standards of conduct for Oregon licensed adoption agencies that
conduct searches under ORS 109.503;
(3) Contracting procedures for Oregon licensed adoption agencies
that conduct searches under ORS 109.503;
(4) Search procedures to be followed by Oregon licensed adoption
agencies that conduct searches under ORS 109.503; and
(5) Fees to be paid by persons requesting a search under ORS
109.502. Fees authorized under this section include:
(a) A fee to be paid to the department or an Oregon licensed
adoption agency to cover all costs incurred in the search; and
(b) A fee to be paid to the department or an Oregon licensed
adoption agency to cover the administrative costs incurred in
administering the search program. [1993 c.410 §7; 1995 c.730 §15; 1999
c.650 §3]Note: See note under 109.425.(1) The Department of
Human Services shall allow an Oregon licensed adoption agency to examine
confidential adoption records maintained by the department as part of a
search conducted under ORS 109.503.
(2) A private adoption agency may allow the department or an Oregon
licensed adoption agency to examine confidential adoption records
maintained by the agency as part of a search conducted under ORS 109.503.
[1993 c.410 §8; 1995 c.730 §16]Note: See note under 109.425.AGE OF MAJORITYExcept as provided in ORS 109.520, in this
state any person shall be deemed to have arrived at majority at the age
of 18 years, and thereafter shall:
(1) Have control of the person’s own actions and business; and
(2) Have all the rights and be subject to all the liabilities of a
citizen of full age. [Amended by 1973 c.827 §14; 2005 c.22 §91] 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. [Amended by 1953
c.343 §2; 1957 c.710 §12; 1973 c.827 §15]RIGHTS OF MINORS(1) Notwithstanding any other provision of law, a minor who may
have come into contact with any venereal disease may give consent to the
furnishing of hospital, medical or surgical care related to the diagnosis
or treatment of such disease, if the disease or condition is one which is
required by law or regulation adopted pursuant to law to be reported to
the local or state health officer or board. Such consent shall not be
subject to disaffirmance because of minority.
(2) The consent of the parent, parents, or legal guardian of such
minor shall not be necessary to authorize such hospital, medical or
surgical care and without having given consent the parent, parents, or
legal guardian shall not be liable for payment for any such care
rendered. [Formerly 109.105; 1977 c.303 §1]Any physician or nurse practitioner may provide birth control
information and services to any person without regard to the age of the
person. A minor 15 years of age or older may give consent to hospital
care, medical or surgical diagnosis or treatment by a physician licensed
by the Board of Medical Examiners for the State of Oregon, and dental or
surgical diagnosis or treatment by a dentist licensed by the Oregon Board
of Dentistry, without the consent of a parent or guardian, except as may
be provided by ORS 109.660. A minor 15 years of age or older may give
consent to diagnosis and treatment by a nurse practitioner who is
licensed by the Oregon State Board of Nursing under ORS 678.375 and who
is acting within the scope of practice for a nurse practitioner, without
the consent of a parent or guardian of the minor. [1971 c.381 §1; 2005
c.471 §7] A
hospital or any physician, nurse practitioner or dentist as described in
ORS 109.640 may advise the parent or parents or legal guardian of any
minor of the care, diagnosis or treatment or the need for any treatment,
without the consent of the patient, and any hospital, physician, nurse
practitioner or dentist is not liable for advising the parent, parents or
legal guardian without the consent of the patient. [1971 c.381 §2; 2005
c.471 §8]The provisions of ORS 109.640, 109.650 and
this section do not amend or supersede the provisions of ORS 109.610 or
435.435. [1971 c.381 §3; 1973 c.827 §16] (1) Any person 16 years of age or
over may donate blood to any blood program without obtaining permission
of a parent or guardian.
(2) As used in subsection (1) of this section, “blood program”
means any voluntary and noncompensatory program for the drawing of blood
which is approved by the American Association of Blood Banks or the
American Red Cross. [1977 c.533 §1]Note: 109.670 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 further
explanation.(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.
(2) The immunity provided by subsection (1) of this section shall
apply regardless of whether:
(a) The parents are married, unmarried or separated at the time of
consent or treatment.
(b) The consenting parent is, or is not, a custodial parent of the
minor.
(c) The giving of consent by only one parent is, or is not, in
conformance with the terms of any agreement between the parents, any
custody order or any judgment of dissolution or separation.
(3) The immunity created by subsection (1) of this section shall
not apply if the parental rights of the parent who gives consent have
been terminated pursuant to ORS 419B.500 to 419B.524.
(4) For the purposes of this section, “health care facility” means
a facility as defined in ORS 442.015 or any other entity providing
medical service. [Formerly 109.133; 1993 c.33 §296; 2003 c.576 §158](1) A minor 14
years of age or older may obtain, without parental knowledge or consent,
outpatient diagnosis or treatment of a mental or emotional disorder or a
chemical dependency, excluding methadone maintenance, by a physician
licensed by the Board of Medical Examiners for the State of Oregon, a
psychologist licensed by the State Board of Psychologist Examiners, a
nurse practitioner registered by the Oregon State Board of Nursing, a
clinical social worker licensed by the State Board of Clinical Social
Workers or a community mental health and developmental disabilities
program established and operated pursuant to ORS 430.620 when approved to
do so by the Department of Human Services pursuant to rule.
(2) However, the person providing treatment shall have the parents
of the minor involved before the end of treatment unless the parents
refuse or unless there are clear clinical indications to the contrary,
which shall be documented in the treatment record. The provisions of this
subsection do not apply to:
(a) A minor who has been sexually abused by a parent; or
(b) An emancipated minor, whether emancipated under the provisions
of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or, for the purpose of
this section only, emancipated by virtue of having lived apart from the
parents or legal guardian while being self-sustaining for a period of 90
days prior to obtaining treatment as provided by this section. [1985
c.525 §1; 1989 c.721 §47; 1993 c.546 §137; 1997 c.249 §38] A
physician, psychologist, nurse practitioner, licensed clinical social
worker or community mental health and developmental disabilities program
described in ORS 109.675 may advise the parent or parents or legal
guardian of any minor described in ORS 109.675 of the diagnosis or
treatment whenever the disclosure is clinically appropriate and will
serve the best interests of the minor’s treatment because the minor’s
condition has deteriorated or the risk of a suicide attempt has become
such that inpatient treatment is necessary, or the minor’s condition
requires detoxification in a residential or acute care facility. If such
disclosure is made, the physician, psychologist, nurse practitioner,
licensed clinical social worker or community mental health and
developmental disabilities program shall not be subject to any civil
liability for advising the parent, parents or legal guardian without the
consent of the minor. [1985 c.525 §2; 1989 c.721 §48]A physician, psychologist, nurse practitioner,
licensed clinical social worker or community mental health and
developmental disabilities 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]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] 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 Department of
Human Services shall adopt rules for the implementation of ORS 109.675 to
109.695 by community mental health and developmental disabilities
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](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.
(2) For purposes of this section, “minor” means an unemancipated
and unmarried person who is living apart from the person’s parent,
parents or legal guardian, and who is either:
(a) Sixteen or 17 years of age;
(b) Under 16 years of age and the parent of a child or children who
are living in the physical custody of the person; or
(c) Under 16 years of age, pregnant and expecting the birth of a
child who will be living in the physical custody of the person.
(3) Notwithstanding any other provision of law, a minor may
contract for the necessities of a residential dwelling unit and for
utility services to that unit. Such a contract is binding upon the minor
and cannot be voided or disaffirmed by the minor based upon the minor’s
age or status as a minor.
(4) The consent of the parent or legal guardian of such minor shall
not be necessary to contract for a residential dwelling unit or utility
services to that unit. The parent or legal guardian of such minor shall
not be liable under a contract by that minor for a residential dwelling
unit or for utility services to that unit unless the parent or guardian
is a party to the minor’s contract, or enters another contract, for the
purpose of acting as guarantor of the minor’s debt. [1993 c.369 §29]UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT(General Provisions)ORS 109.701 to 109.834 may be cited as the
Uniform Child Custody Jurisdiction and Enforcement Act. [1999 c.649 §1]Note: 109.701 to 109.834 were enacted into law by the Legislative
Assembly but were 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 further explanation. As used in ORS
109.701 to 109.834:
(1) “Abandoned” means left without provision for reasonable and
necessary care or supervision.
(2) “Child” means an individual who has not attained 18 years of
age.
(3) “Child custody determination” means a judgment or other order
of a court providing for the legal custody, physical custody, parenting
time or visitation with respect to a child. “Child custody determination”
includes a permanent, temporary, initial and modification order. “Child
custody determination” does not include an order relating to child
support or other monetary obligation of an individual.
(4) “Child custody proceeding” means a proceeding in which legal
custody, physical custody, parenting time or visitation with respect to a
child is an issue. “Child custody proceeding” includes a proceeding for
divorce, separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights and protection from domestic violence in
which the issue may appear. “Child custody proceeding” does not include a
proceeding involving juvenile delinquency, contractual emancipation or
enforcement under ORS 109.774 to 109.827.
(5) “Commencement” means the filing of the first pleading in a
proceeding.
(6) “Court” means an entity authorized under the law of a state to
establish, enforce or modify a child custody determination.
(7) “Home state” means the state in which a child lived with a
parent or a person acting as a parent for at least six consecutive months
immediately before the commencement of a child custody proceeding. In the
case of a child less than six months of age, “home state” means the state
in which the child lived from birth with any of the persons mentioned.
Any temporary absence of any of the mentioned persons is part of the
period.
(8) “Initial determination” means the first child custody
determination concerning a particular child.
(9) “Issuing court” means the court that makes a child custody
determination for which enforcement is sought under ORS 109.701 to
109.834.
(10) “Issuing state” means the state in which a child custody
determination is made.
(11) “Modification” means a child custody determination that
changes, replaces, supersedes or is otherwise made after a previous
determination concerning the same child, whether or not it is made by the
court that made the previous determination.
(12) “Person” means an individual, corporation, public corporation,
business trust, estate, trust, partnership, limited liability company,
association, joint venture, government or a governmental subdivision,
agency or instrumentality, or any other legal or commercial entity.
(13) “Person acting as a parent” means a person, other than a
parent, who:
(a) Has physical custody of the child or has had physical custody
for a period of six consecutive months, including any temporary absence,
within one year immediately before the commencement of a child custody
proceeding; and
(b) Has been awarded legal custody by a court or claims a right to
legal custody under the law of this state.
(14) “Physical custody” means the physical care and supervision of
a child.
(15) “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands or any territory
or insular possession subject to the jurisdiction of the United States.
(16) “Tribe” means an Indian tribe or band, or Alaskan Native
village, that is recognized by federal law or formally acknowledged by a
state.
(17) “Warrant” means an order issued by a court authorizing law
enforcement officers to take physical custody of a child. [1999 c.649 §2;
2003 c.576 §159]Note: See note under 109.701.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]Note: See note under 109.701. (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.
(2) A court of this state shall treat a tribe as if it were a state
of the United States for the purpose of applying ORS 109.701 to 109.771.
(3) A child custody determination made by a tribe under factual
circumstances in substantial conformity with the jurisdictional standards
of ORS 109.701 to 109.834 must be recognized and enforced under ORS
109.774 to 109.827. [1999 c.649 §4]Note: See note under 109.701. (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.
(2) Except as otherwise provided in subsection (3) of this section,
a child custody determination made in a foreign country under factual
circumstances in substantial conformity with the jurisdictional standards
of ORS 109.701 to 109.834 must be recognized and enforced under ORS
109.774 to 109.827.
(3) A court of this state need not apply ORS 109.701 to 109.834 if
the child custody law of a foreign country violates fundamental
principles of human rights. [1999 c.649 §5]Note: See note under 109.701. 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]Note: See note under 109.701. 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]Note: See note under 109.701. (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.
(2) Proof of service may be made in the manner prescribed by the
law of this state or by the law of the state in which the service is
made. If service is made by mail, proof of service may be a receipt
signed by the addressee or other evidence of delivery to the addressee.
(3) Notice is not required for the exercise of jurisdiction with
respect to a person who submits to the jurisdiction of the court. [1999
c.649 §8]Note: See note under 109.701. (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.
(2) A person who is subject to personal jurisdiction in this state
on a basis other than physical presence is not immune from service of
process in this state. A party present in this state who is subject to
the jurisdiction of another state is not immune from service of process
allowable under the laws of that state.
(3) The immunity granted by subsection (1) of this section does not
extend to civil litigation based on acts unrelated to the participation
in a proceeding under ORS 109.701 to 109.834 committed by an individual
while present in this state. [1999 c.649 §9]Note: See note under 109.701. (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.
(2) The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, they must be given the opportunity to present facts and
legal arguments before a decision on jurisdiction is made.
(3) Communication between courts on schedules, calendars, court
records and similar matters may occur without informing the parties. A
record need not be made of the communication.
(4) Except as otherwise provided in subsection (3) of this section,
a record must be made of a communication under this section. The parties
must be informed promptly of the communication and granted access to the
record.
(5) For the purposes of this section, “record” means information
that is inscribed on a tangible medium or that is stored in an electronic
or other medium and is retrievable in perceivable form. [1999 c.649 §10]Note: See note under 109.701. (1) In addition to other
procedures available to a party, a party to a child custody proceeding
may offer testimony of witnesses who are located in another state,
including testimony of the parties and the child, by deposition or other
means allowable in this state for testimony taken in another state. The
court on its own motion may order that the testimony of a person be taken
in another state and may prescribe the manner in which and the terms upon
which the testimony is taken.
(2) A court of this state may permit an individual residing in
another state to be deposed or to testify by telephone, audiovisual means
or other electronic means before a designated court or at another
location in that state. A court of this state shall cooperate with courts
of other states in designating an appropriate location for the deposition
or testimony.
(3) Documentary evidence transmitted from another state to a court
of this state by technological means that does not produce an original
writing may not be excluded from evidence on an objection based on the
means of transmission. [1999 c.649 §11]Note: See note under 109.701. (1) A
court of this state may request the appropriate court of another state to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give evidence pursuant to
procedures of that state;
(c) Order that an evaluation be made with respect to the custody of
a child involved in a pending proceeding;
(d) Forward to the court of this state a certified copy of the
transcript of the record of the hearing, the evidence otherwise presented
and any evaluation prepared in compliance with the request; and
(e) Order a party to a child custody proceeding or any person
having physical custody of the child to appear in the proceeding with or
without the child.
(2) Upon request of a court of another state, a court of this state
may hold a hearing or enter an order described in subsection (1) of this
section.
(3) Travel and other necessary and reasonable expenses incurred
under subsections (1) and (2) of this section may be assessed against the
parties according to the law of this state.
(4) A court of this state shall preserve the pleadings, orders,
judgments, records of hearings, evaluations and other pertinent records
with respect to a child custody proceeding for the time required by the
retention schedule adopted under ORS 8.125 (11). The retention schedule
shall require retention at least until the child attains 18 years of age.
Upon appropriate request by a court or law enforcement official of
another state, the court shall forward a certified copy of those records.
[1999 c.649 §12; 2003 c.576 §160]Note: See note under 109.701.(Jurisdiction) (1) Except as otherwise
provided in ORS 109.751, a court of this state has jurisdiction to make
an initial child custody determination only if:
(a) This state is the home state of the child on the date of the
commencement of the proceeding, or was the home state of the child within
six months before the commencement of the proceeding and the child is
absent from this state but a parent or person acting as a parent
continues to live in this state;
(b) A court of another state does not have jurisdiction under
subsection (1)(a) of this section, or a court of the home state of the
child has declined to exercise jurisdiction on the ground that this state
is the more appropriate forum under ORS 109.761 or 109.764, and:
(A) The child and the child’s parents, or the child and at least
one parent or a person acting as a parent, have a significant connection
with this state other than mere physical presence; and
(B) Substantial evidence is available in this state concerning the
child’s care, protection, training and personal relationships;
(c) All courts having jurisdiction under subsection (1)(a) or (b)
of this section have declined to exercise jurisdiction on the ground that
a court of this state is the more appropriate forum to determine the
custody of the child under ORS 109.761 or 109.764; or
(d) No court of any other state would have jurisdiction under the
criteria specified in subsection (1)(a), (b) or (c) of this section.
(2) Subsection (1) of this section is the exclusive jurisdictional
basis for making a child custody determination by a court of this state.
(3) Physical presence of, or personal jurisdiction over, a party or
a child is not necessary or sufficient to make a child custody
determination. [1999 c.649 §13]Note: See note under 109.701. (1) Except as otherwise
provided in ORS 109.751, a court of this state that has made a child
custody determination consistent with ORS 109.741 or 109.747 has
exclusive, continuing jurisdiction over the determination until:
(a) A court of this state determines that neither the child, nor
the child and one parent, nor the child and a person acting as a parent
have a significant connection with this state and that substantial
evidence is no longer available in this state concerning the child’s
care, protection, training and personal relationships; or
(b) A court of this state or a court of another state determines
that the child, the child’s parents and any person acting as a parent do
not presently reside in this state.
(2) A court of this state that has made a child custody
determination and does not have exclusive, continuing jurisdiction under
this section may modify that determination only if the court has
jurisdiction to make an initial determination under ORS 109.741. [1999
c.649 §14]Note: See note under 109.701. Except as otherwise
provided in ORS 109.751, a court of this state may not modify a child
custody determination made by a court of another state unless a court of
this state has jurisdiction to make an initial determination under ORS
109.741 (1)(a) or (b) and:
(1) The court of the other state determines that it no longer has
exclusive, continuing jurisdiction under ORS 109.744 or that a court of
this state would be a more convenient forum under ORS 109.761; or
(2) A court of this state or a court of the other state determines
that the child, the child’s parents and any person acting as a parent do
not presently reside in the other state. [1999 c.649 §15]Note: See note under 109.701. (1) A court of this state
has temporary emergency jurisdiction if the child is present in this
state and the child has been abandoned or it is necessary in an emergency
to protect the child because the child, or a sibling or parent of the
child, is subjected to or threatened with mistreatment or abuse.
(2) If there is no previous child custody determination that is
entitled to be enforced under ORS 109.701 to 109.834 and a child custody
proceeding has not been commenced in a court of a state having
jurisdiction under ORS 109.741 to 109.747, a child custody determination
made under this section remains in effect until an order is obtained from
a court of a state having jurisdiction under ORS 109.741 to 109.747. If a
child custody proceeding has not been or is not commenced in a court of a
state having jurisdiction under ORS 109.741 to 109.747, a child custody
determination made under this section becomes a final determination if
the determination so provides and this state becomes the home state of
the child.
(3) If there is a previous child custody determination that is
entitled to be enforced under ORS 109.701 to 109.834, or a child custody
proceeding has been commenced in a court of a state having jurisdiction
under ORS 109.741 to 109.747, any order issued by a court of this state
under this section must specify in the order a period that the court
considers adequate to allow the person seeking an order to obtain an
order from the state having jurisdiction under ORS 109.741 to 109.747.
The order issued in this state remains in effect until an order is
obtained from the other state within the period specified or the period
expires.
(4) A court of this state that has been asked to make a child
custody determination under this section, upon being informed that a
child custody proceeding has been commenced in, or a child custody
determination has been made by, a court of a state having jurisdiction
under ORS 109.741 to 109.747, shall immediately communicate with the
other court. A court of this state that is exercising jurisdiction under
ORS 109.741 to 109.747, upon being informed that a child custody
proceeding has been commenced in, or a child custody determination has
been made by, a court of another state under a statute similar to this
section, shall immediately communicate with the court of that state to
resolve the emergency, protect the safety of the parties and the child
and determine a period for the duration of the temporary order. [1999
c.649 §16]Note: See note under 109.701. (1) Before a
child custody determination is made under ORS 109.701 to 109.834, notice
and an opportunity to be heard in accordance with the standards of ORS
109.724 must be given to all persons entitled to notice under the law of
this state as in child custody proceedings between residents of this
state, any parent whose parental rights have not been previously
terminated and any person having physical custody of the child.
(2) ORS 109.701 to 109.834 do not govern the enforceability of a
child custody determination made without notice or an opportunity to be
heard.
(3) The obligation to join a party and the right to intervene as a
party in a child custody proceeding under ORS 109.701 to 109.834 are
governed by the law of this state as in child custody proceedings between
residents of this state. [1999 c.649 §17]Note: See note under 109.701. (1) Except as otherwise provided
in ORS 109.751, a court of this state may not exercise its jurisdiction
under ORS 109.741 to 109.771 if, at the time of the commencement of the
proceeding, a proceeding concerning the custody of the child has been
commenced in a court of another state having jurisdiction substantially
in conformity with ORS 109.701 to 109.834, unless the proceeding has been
terminated or is stayed by the court of the other state because a court
of this state is a more convenient forum under ORS 109.761.
(2) Except as otherwise provided in ORS 109.751, a court of this
state, before hearing a child custody proceeding, shall examine the court
documents and other information supplied by the parties under ORS
109.767. If the court determines that a child custody proceeding has been
commenced in a court in another state having jurisdiction substantially
in accordance with ORS 109.701 to 109.834, the court of this state shall
stay its proceeding and communicate with the court of the other state. If
the court of the state having jurisdiction substantially in accordance
with ORS 109.701 to 109.834 does not determine that the court of this
state is a more appropriate forum, the court of this state shall dismiss
the proceeding.
(3) In a proceeding to modify a child custody determination, a
court of this state shall determine whether a proceeding to enforce the
determination has been commenced in another state. If a proceeding to
enforce a child custody determination has been commenced in another
state, the court may:
(a) Stay the proceeding for modification pending the entry of an
order of a court of the other state enforcing, staying, denying or
dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing with the proceeding for
enforcement; or
(c) Proceed with the modification under conditions it considers
appropriate. [1999 c.649 §18]Note: See note under 109.701. (1) A court of this state that has
jurisdiction under ORS 109.701 to 109.834 to make a child custody
determination may decline to exercise its jurisdiction at any time if the
court determines that it is an inconvenient forum under the circumstances
and that a court of another state is a more appropriate forum. The issue
of inconvenient forum may be raised upon the motion of a party, the
court’s own motion or the request of another court.
(2) Before determining whether a court of this state is an
inconvenient forum, the court shall consider whether it is appropriate
for a court of another state to exercise jurisdiction. For this purpose,
the court shall allow the parties to submit information and shall
consider all relevant factors, including:
(a) Whether domestic violence has occurred and is likely to
continue in the future and which state could best protect the parties and
the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in
the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume
jurisdiction;
(f) The nature and location of the evidence required to resolve the
pending litigation, including testimony of the child;
(g) The ability of the court of each state to decide the issue
expeditiously and the procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and
issues in the pending litigation.
(3) If a court of this state determines that it is an inconvenient
forum and that a court of another state is a more appropriate forum, it
shall stay the proceedings upon condition that a child custody proceeding
be promptly commenced in another designated state and may impose any
other condition the court considers just and proper.
(4) A court of this state may decline to exercise its jurisdiction
under ORS 109.701 to 109.834 if a child custody determination is
incidental to an action for divorce or another proceeding while still
retaining jurisdiction over the divorce or other proceeding. [1999 c.649
§19]Note: See note under 109.701. (1) Except as
otherwise provided in ORS 109.751 or 419B.100, if a court of this state
has jurisdiction under ORS 109.701 to 109.834 because a person seeking to
invoke its jurisdiction has engaged in unjustifiable conduct to so invoke
the jurisdiction, the court shall decline to exercise its jurisdiction
unless:
(a) The parents and all persons acting as parents have acquiesced
in the exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction under ORS
109.741 to 109.747 determines that this state is a more appropriate forum
under ORS 109.761; or
(c) No court of any other state would have jurisdiction under the
criteria specified in ORS 109.741 to 109.747.
(2) If a court of this state declines to exercise its jurisdiction
under subsection (1) of this section, it may fashion an appropriate
remedy to ensure the safety of the child and prevent a repetition of the
unjustifiable conduct, including staying the proceeding until a child
custody proceeding is commenced in a court having jurisdiction under ORS
109.741 to 109.747.
(3) If a court dismisses a petition or stays a proceeding because
it declines to exercise its jurisdiction under subsection (1) of this
section, it shall assess against the party seeking to invoke its
jurisdiction necessary and reasonable expenses including costs,
communication expenses, attorney fees, investigative fees, expenses for
witnesses, travel expenses and child care expenses during the course of
the proceeding unless the party from whom necessary and reasonable
expenses are sought establishes that the assessment would be clearly
inappropriate. The court may not assess fees, costs or expenses against
this state unless authorized by law other than ORS 109.701 to 109.834.
[1999 c.649 §20]Note: See note under 109.701. (1) In a child
custody proceeding, each party, in its first pleading or in an attached
affidavit, shall give information, if reasonably ascertainable, under
oath as to the child’s present address or whereabouts, the places where
the child has lived during the last five years and the names and present
addresses of the persons with whom the child has lived during that
period. The pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of or parenting
time or visitation with the child and, if so, identify the court, the
case number and the date of the child custody determination, if any;
(b) Knows of any proceeding that could affect the current
proceeding, including proceedings for enforcement and proceedings
relating to domestic violence, protective orders, termination of parental
rights and adoptions and, if so, identify the court, the case number and
the nature of the proceeding; and
(c) Knows the names and addresses of any person not a party to the
proceeding who has physical custody of the child or claims rights of
legal custody or physical custody of, or parenting time or visitation
with, the child and, if so, the names and addresses of those persons.
(2) If the information required by subsection (1) of this section
is not furnished, the court, upon motion of a party or its own motion,
may stay the proceeding until the information is furnished.
(3) If the declaration as to any of the items described in
subsection (1) of this section is in the affirmative, the declarant shall
give additional information under oath as required by the court. The
court may examine the parties under oath as to details of the information
furnished and other matters pertinent to the court’s jurisdiction and the
disposition of the case.
(4) Each party has a continuing duty to inform the court of any
proceeding in this or any other state that could affect the current
proceeding.
(5) If a party alleges in an affidavit or a pleading under oath
that the health, safety or liberty of a party or child would be
jeopardized by disclosure of identifying information, the information
must be sealed and may not be disclosed to the other party or the public
unless the court orders the disclosure to be made after a hearing in
which the court takes into consideration the health, safety or liberty of
the party or child and determines that the disclosure is in the interest
of justice. Costs incurred by the court when special notice procedures
are made necessary by the nondisclosure of identifying information shall
be paid by the parties as deemed appropriate by the court. [1999 c.649
§21]Note: See note under 109.701. (1) In a child custody
proceeding in this state, the court may order a party to the proceeding
who is in this state to appear before the court in person with or without
the child. The court may order any person who is in this state and who
has physical custody or control of the child to appear in person with the
child.
(2) If a party to a child custody proceeding whose presence is
desired by the court is outside this state, the court may order that a
notice given under ORS 109.724 include a statement directing the party to
appear in person with or without the child and informing the party that
failure to appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure the safety
of the child and of any person ordered to appear under this section.
(4) If a party to a child custody proceeding who is outside this
state is directed to appear under subsection (2) of this section or
desires to appear personally before the court with or without the child,
the court may require another party to pay reasonable and necessary
travel and other expenses of the party and the child so appearing. [1999
c.649 §22]Note: See note under 109.701.(Enforcement) As used in ORS
109.774 to 109.827:
(1) “Petitioner” means a person who seeks enforcement of an order
for return of a child under the Hague Convention on the Civil Aspects of
International Child Abduction or enforcement of a child custody
determination.
(2) “Respondent” means a person against whom a proceeding has been
commenced for enforcement of an order for return of a child under the
Hague Convention on the Civil Aspects of International Child Abduction or
enforcement of a child custody determination. [1999 c.649 §23]Note: See note under 109.701.Under ORS 109.774 to
109.827, a court of this state may also enforce an order for the return
of the child made under the Hague Convention on the Civil Aspects of
International Child Abduction as if the order were a child custody
determination. [1999 c.649 §24]Note: See note under 109.701. (1) A court of this state shall recognize
and enforce a child custody determination of a court of another state if
the latter court exercised jurisdiction in substantial conformity with
ORS 109.701 to 109.834 or the determination was made under factual
circumstances meeting the jurisdictional standards of ORS 109.701 to
109.834 and the determination has not been modified in accordance with
ORS 109.701 to 109.834.
(2) A court of this state may utilize any remedy available under
other law of this state to enforce a child custody determination made by
a court of another state. The remedies provided in ORS 109.774 to 109.827
are cumulative and do not affect the availability of other remedies to
enforce a child custody determination. [1999 c.649 §25]Note: See note under 109.701. In a
child custody enforcement proceeding authorized by law:
(1) A court of this state that does not have jurisdiction to modify
a child custody determination may issue a temporary order enforcing:
(a) A parenting time or visitation schedule made by a court of
another state; or
(b) The visitation or parenting time provisions of a child custody
determination of another state that permit visitation or parenting time
but do not provide for a specific visitation or parenting time schedule.
(2) If a court of this state makes an order under subsection (1)(b)
of this section, the court shall specify in the order a period that it
considers adequate to allow the petitioner to obtain an order from a
court having jurisdiction under the criteria specified in ORS 109.741 to
109.771. The order remains in effect until an order is obtained from the
other court or the period expires. [1999 c.649 §26]Note: See note under 109.701.(1) A child custody determination issued by a court of another
state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to any circuit court in this state:
(a) A letter or other document requesting registration;
(b) Two copies, including one certified copy, of the determination
sought to be registered and a statement under penalty of perjury that to
the best of the knowledge and belief of the person seeking registration
the order has not been modified; and
(c) Except as otherwise provided in ORS 109.767, the name and
address of the person seeking registration and any parent or person
acting as a parent who has been awarded custody, parenting time or
visitation in the child custody determination sought to be registered.
(2) On receipt of the documents required by subsection (1) of this
section, the registering court shall cause the determination to be filed
as a foreign judgment, together with one copy of any accompanying
documents and information, regardless of their form.
(3) The person seeking registration of a child custody
determination shall serve notice upon the persons named under subsection
(1)(c) of this section notifying them of the opportunity to contest the
registration in accordance with this section.
(4) The notice required by subsection (3) of this section must
state that:
(a) A registered determination is enforceable as of the date of the
registration in the same manner as a determination issued by a court of
this state;
(b) A hearing to contest the validity of the registered
determination must be requested within 21 days after service of notice;
and
(c) Failure to contest the registration will result in confirmation
of the child custody determination and preclude further contest of that
determination with respect to any matter that could have been asserted.
(5) A person seeking to contest the validity of a registered order
must request a hearing within 21 days after service of the notice. At
that hearing, the court shall confirm the registered order unless the
person contesting registration establishes that:
(a) The issuing court did not have jurisdiction under ORS 109.741
to 109.771;
(b) The child custody determination sought to be registered has
been vacated, stayed or modified by a court having jurisdiction to do so
under ORS 109.741 to 109.771; or
(c) The person contesting registration was entitled to notice, but
notice was not given in accordance with the standards of ORS 109.724, in
the proceedings before the court that issued the order for which
registration is sought.
(6) If a timely request for a hearing to contest the validity of
the registration is not made, the registration is confirmed as a matter
of law and the person requesting registration and all persons served must
be notified of the confirmation.
(7) Confirmation of a registered order, whether by operation of law
or after notice and hearing, precludes further contest of the order with
respect to any matter that could have been asserted at the time of
registration. [1999 c.649 §27]Note: See note under 109.701. (1) A court of
this state may grant any relief normally available under the law of this
state to enforce a registered child custody determination made by a court
of another state.
(2) A court of this state shall recognize and enforce, but may not
modify, except in accordance with ORS 109.741 to 109.771, a registered
child custody determination of a court of another state. [1999 c.649 §28]Note: See note under 109.701. If a proceeding for enforcement
under ORS 109.774 to 109.827 is commenced in a court of this state and
the court determines that a proceeding to modify the determination is
pending in a court of another state having jurisdiction to modify the
determination under ORS 109.741 to 109.771, the enforcing court shall
immediately communicate with the modifying court. The proceeding for
enforcement continues unless the enforcing court, after consultation with
the modifying court, stays or dismisses the proceeding. [1999 c.649 §29]Note: See note under 109.701. (1) A
petition under ORS 109.774 to 109.827 must be verified. Certified copies
of all orders sought to be enforced and of any order confirming
registration must be attached to the petition. A copy of a certified copy
of an order may be attached instead of the original.
(2) A petition for enforcement of a child custody determination
must state:
(a) Whether the court that issued the determination identified the
jurisdictional basis it relied upon in exercising jurisdiction and, if
so, what the basis was;
(b) Whether the determination for which enforcement is sought has
been vacated, stayed or modified by a court whose decision must be
enforced under ORS 109.701 to 109.834 and, if so, must identify the
court, the case number and the nature of the proceeding;
(c) Whether any proceeding has been commenced that could affect the
current proceeding, including proceedings relating to domestic violence,
protective orders, termination of parental rights and adoptions and, if
so, must identify the court, the case number and the nature of the
proceeding;
(d) The present physical address of the child and the respondent,
if known;
(e) Whether relief in addition to the immediate physical custody of
the child and attorney fees is sought, including a request for assistance
from law enforcement officials and, if so, the relief sought; and
(f) If the child custody determination has been registered and
confirmed under ORS 109.787, the date and place of registration.
(3) Upon the filing of a petition, the court shall issue an order
directing the respondent to appear in person with or without the child at
a hearing and may enter any order necessary to ensure the safety of the
parties and the child. If the court issues an order, the order shall be
served in the manner the court determines to be appropriate under the
circumstances of the case and may include service by the sheriff. The
person requesting the order shall pay the costs of service. The court
shall hold the hearing as soon as reasonably possible and shall expedite
the hearing if it finds an emergency is present.
(4) An order issued under subsection (3) of this section must state
the time and place of the hearing and advise the respondent that at the
hearing the court will order that the petitioner may take immediate
physical custody of the child and will order the payment of fees, costs
and expenses under ORS 109.811, and may schedule a hearing to determine
whether further relief is appropriate, unless the respondent appears and
establishes that:
(a) The child custody determination has not been registered and
confirmed under ORS 109.787 and that:
(A) The issuing court did not have jurisdiction under ORS 109.741
to 109.771;
(B) The child custody determination for which enforcement is sought
has been vacated, stayed or modified by a court having jurisdiction to do
so under ORS 109.741 to 109.771; or
(C) The respondent was entitled to notice, but notice was not given
in accordance with the standards of ORS 109.724, in the proceedings
before the court that issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought
was registered and confirmed under ORS 109.787, but has been vacated,
stayed or modified by a court of a state having jurisdiction to do so
under ORS 109.741 to 109.771. [1999 c.649 §30]Note: See note under 109.701. Except as otherwise provided
in ORS 109.807, the petition and order for enforcement of a child custody
determination must be served by the petitioner, by any method authorized
for service of process within this state, upon the respondent and any
person who has physical custody of the child. [1999 c.649 §31]Note: See note under 109.701.(1) Unless the
court issues a temporary emergency order under ORS 109.751, upon a
finding that a petitioner is entitled to immediate physical custody of
the child under the controlling child custody determination, the court
shall order that the petitioner may take immediate physical custody of
the child unless the respondent establishes that:
(a) The child custody determination has not been registered and
confirmed under ORS 109.787 and that:
(A) The issuing court did not have jurisdiction under ORS 109.741
to 109.771;
(B) The child custody determination for which enforcement is sought
has been vacated, stayed or modified by a court of a state having
jurisdiction to do so under ORS 109.741 to 109.771; or
(C) The respondent was entitled to notice, but notice was not given
in accordance with the standards of ORS 109.724, in the proceedings
before the court that issued the order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought
was registered and confirmed under ORS 109.787, but has been vacated,
stayed or modified by a court of a state having jurisdiction to do so
under ORS 109.741 to 109.771.
(2) The court shall award the fees, costs and expenses authorized
under ORS 109.811, may grant additional relief, including a request for
the assistance of law enforcement officials, and may set further
hearings, if necessary, to determine whether additional relief is
appropriate.
(3) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of husband
and wife or parent and child may not be invoked in a proceeding under ORS
109.774 to 109.827. [1999 c.649 §32]Note: See note under 109.701. (1) Upon the
filing of a petition seeking enforcement of a child custody
determination, the petitioner may file a verified application for the
issuance of a warrant to take physical custody of the child if the child
is immediately likely to suffer serious physical harm or be removed from
this state.
(2) If the court, upon the testimony of the petitioner or other
witness, is satisfied that there is probable cause to believe that the
child is imminently likely to suffer serious physical harm or be removed
from this state, it may issue a warrant to take physical custody of the
child. The petition must be heard on the next judicial day after the
warrant is executed unless that date is impossible. In that event, the
court shall hold the hearing on the first judicial day possible. The
application for the warrant must include the statements required by ORS
109.797 (2).
(3) A warrant to take physical custody of a child must:
(a) Recite the facts upon which a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;
(b) Direct law enforcement officers to take physical custody of the
child immediately; and
(c) Provide for the placement of the child pending final relief.
(4) The respondent must be served with the petition, warrant and
order immediately after the child is taken into physical custody.
(5) A warrant to take physical custody of a child is enforceable
throughout this state. If the court finds on the basis of the testimony
of the petitioner or other witness that a less intrusive remedy is not
effective, it may authorize law enforcement officers to enter private
property to take physical custody of the child. If required by exigent
circumstances of the case, the court may authorize law enforcement
officers to make a forcible entry at any hour.
(6) The court may impose conditions upon placement of a child to
ensure the appearance of the child and the child’s custodian. [1999 c.649
§33]Note: See note under 109.701. (1) The court shall award the
prevailing party, including a state, necessary and reasonable expenses
incurred by or on behalf of the party, including costs, communication
expenses, attorney fees, investigative fees, expenses for witnesses,
travel expenses and child care expenses during the course of the
proceedings, unless the party from whom fees or expenses are sought
establishes that the award would be clearly inappropriate. An award may
be inappropriate if the award would cause the parent or child to seek
public assistance.
(2) The court may not assess fees, costs or expenses against a
state unless authorized by law other than ORS 109.701 to 109.834. [1999
c.649 §34]Note: See note under 109.701. A court of this state shall
accord full faith and credit to an order issued by another state and
consistent with ORS 109.701 to 109.834 that enforces a child custody
determination by a court of another state unless the order has been
vacated, stayed or modified by a court having jurisdiction to do so under
ORS 109.741 to 109.771. [1999 c.649 §35]Note: See note under 109.701. An appeal may be taken from a final order in a
proceeding under ORS 109.774 to 109.827 in accordance with ORS chapter
19. Unless the court enters a temporary emergency order under ORS
109.751, the enforcing court may not stay an order enforcing a child
custody determination pending appeal. [1999 c.649 §36]Note: See note under 109.701. (1) In a case arising under ORS
109.701 to 109.834 or involving the Hague Convention on the Civil Aspects
of International Child Abduction, the district attorney may take any
lawful action, including resort to a proceeding under ORS 109.774 to
109.827 or any other available civil proceeding, to locate a child,
obtain the return of a child or enforce a child custody determination if
there is:
(a) An existing child custody determination;
(b) A request to do so from a court in a pending child custody
proceeding;
(c) A reasonable belief that a criminal statute has been violated;
or
(d) A reasonable belief that the child has been wrongfully removed
or retained in violation of the Hague Convention on the Civil Aspects of
International Child Abduction.
(2) A district attorney acting under this section acts on behalf of
the state to protect the state’s interest in the enforcement of ORS
109.701 to 109.834 and may not represent any party. [1999 c.649 §37]Note: See note under 109.701. At the request of a
district attorney acting under ORS 109.821, a law enforcement officer may
take any lawful action reasonably necessary to locate a child or a party
and assist a district attorney with responsibilities under ORS 109.821.
[1999 c.649 §38]Note: See note under 109.701.If the respondent is not the prevailing party, the court may
assess against the respondent all direct expenses and costs incurred by
the district attorney and law enforcement officers under ORS 109.821 or
109.824. [1999 c.649 §39]Note: See note under 109.701.(Miscellaneous Provisions) In applying and construing
ORS 109.701 to 109.834, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among
states that enact it. [1999 c.649 §40]Note: See note under 109.701.If any provision of ORS 109.701 to
109.834 or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of ORS
109.701 to 109.834 that can be given effect without the invalid provision
or application, and to this end the provisions of ORS 109.701 to 109.834
are severable. [1999 c.649 §41]Note: See note under 109.701.PENALTY(1) A person who violates ORS 109.311 (3) or who
submits a false statement under ORS 109.311 (1) commits a Class C felony.
(2) A person who violates any provision of ORS 109.311 (4) or
109.502 to 109.507 or any rule adopted pursuant to ORS 109.506 commits a
Class A misdemeanor. [1985 c.403 §2 (4); 1993 c.717 §5; subsection (3) of
1993 Edition enacted as 1993 c.410 §9; 1995 c.79 §44; 1995 c.730 §4]Note: See note under 109.425.
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