109 · 2019. 12. 9. · 109.012 Liability of parents for expenses and edu-cation of children...

Chapter 1092017 EDITION

Parent and Child Rights and Relationships

PARENT AND CHILD RELATIONSHIP109.001 Breast-feeding in public place109.003 Attorney fees; intervenor109.010 Duty of support109.012 Liability of parents for expenses and edu-

cation of children109.015 Proceedings for child support if child re-

ceives public assistance

109.020 When child’s maintenance and educationmay be defrayed out of income of ownproperty

109.030 Equality in rights and responsibilities ofparents

109.035 Security required before foreign travelwith child

109.041 Relationship between adopted child andnatural and adoptive parents

109.050 Relation of adopted child to adoptive par-ents

109.056 Delegation of certain powers by parent orguardian; delegation during period of mil-itary service

109.060 Legal status and legal relationships whenparents not married

109.065 Establishing parentage

109.070 Presumption of parentage; establishingpaternity by voluntary acknowledgment

109.072 Petition to vacate or set aside parentagedetermination

109.073 Social Security number of parent inpaternity order

109.090 Interpretation of ORS 109.060 to 109.090

109.092 Obligation to recognize responsibility forconception; mother surrendering child foradoption

109.094 Rights of parent when parentage estab-lished; procedure when parentage estab-lished

109.096 Notice to putative father when parentagenot established

109.098 Objection of putative father in proceedingreferred to in ORS 109.096; effect of failureto appear and object

109.100 Petition for support; effect of judgment;parties

109.103 Proceeding to determine custody or sup-port of child

109.112 Mother, father or putative father deemedto have attained majority

109.116 Validity of putative father’s authorization,release or waiver

109.118 Validity of decrees or orders entered priorto July 3, 1975, concerning custody, adop-tion or permanent commitment of child

109.119 Rights of person who establishes emo-tional ties creating child-parent relation-ship or ongoing personal relationship;presumption regarding legal parent; mo-tion for intervention

FILIATION PROCEEDINGS109.124 Definitions for ORS 109.124 to 109.230109.125 Who may initiate proceedings; petition;

parties109.135 Circuit court jurisdiction; equity action;

place of commencement109.145 Court may proceed despite failure to ap-

pear; evidence required109.155 Hearing; order for payment for support of

child and other costs; policy regardingsettlement; enforcement of settlementterms; remedies

109.165 Vacation or modification of judgment;policy regarding settlement; enforcementof settlement terms; remedies

109.175 Determination of legal custody after par-entage established

109.225 Notice to Center for Health Statistics af-ter petition filed; filing notice

109.230 Legality of contract between mother andfather of child born out of wedlock

109.231 Records open to public109.237 Attorney fees

ASSISTED REPRODUCTION109.239 Rights and obligations of children result-

ing from assisted reproduction; rights andobligations of donor of semen

109.243 Relationship of child resulting from as-sisted reproduction to mother’s spouse

109.247 Application of law to children resultingfrom assisted reproduction

UNIFORM ACT ON BLOOD TESTS TO DETERMINE PATERNITY

109.250 Short title109.251 “Blood tests” defined109.252 Authority for blood test; effect of refusal

to submit to test; payment for test109.254 Selection of experts to make tests; ad-

missible evidence109.256 Compensation of experts109.258 Effect of test results109.259 Temporary child support pending deter-

mination of parentage109.260 Applicability to criminal actions for non-

support109.262 Uniformity of interpretation109.264 Parties

ADOPTION109.304 Definitions for ORS 109.305 to 109.410109.305 Interpretation of adoption laws; agree-

ment for continuing contact

Title 11 Page 1 (2017 Edition)

DOMESTIC RELATIONS

109.306 Rules regarding home studies and place-ment reports

109.307 Court required to act within six monthsof filing of petition for adoption; duty ofclerk

109.308 Confidentiality of petitioners109.309 Petition for adoption; residency and juris-

dictional requirements; venue; homestudy; placement report; fee; rules; filingrequirements for entry of judgment

109.311 Financial disclosure statement to be filedwith petition; placement report required;exception; prohibited fees; advertising

109.313 Application for home study by Oregonresident

109.315 Petition for adoption; required contents,requests and exhibits in adoption pe-titions; confidentiality

109.317 Adoption Summary and Segregated Infor-mation Statement; exhibits; confidential-ity

109.319 Separate record of the case; sealing ofadoption records; inspection, copying anddisclosure; fees

109.321 Consent to adoption109.322 Consent of parent with mental illness or

intellectual disability; consent of impris-oned parent

109.323 Consent when custody of child has beenawarded in divorce proceedings

109.324 Consent when parent has deserted orneglected child

109.325 Consent by Department of Human Ser-vices or approved child-caring agency ofthis state

109.326 Consent when spouse not parent109.327 Consent by organization located outside

Oregon109.328 Consent of child 14 years of age or older109.329 Adoption of person 18 years of age or

older or legally married109.330 Notice to nonconsenting parent; notice

when child has no parent, guardian ornext of kin

109.331 Consenting agency disclosure of countyand case number of adoption proceeding

109.332 Grandparent visitation in stepparentadoption

109.335 Appointment of guardian pending furtheradoption proceedings

109.342 Medical history of child and biologicalparents required; content; form

109.346 Adoption-related counseling for birth par-ent

109.347 Civil action for failure to pay for coun-seling; attorney fees

109.350 Judgment of adoption or readoption109.353 Notice of voluntary adoption registry re-

quired before judgment entered; waiver109.360 Change of adopted child’s name109.381 Effect of judgment of adoption109.385 Readoption proceeding; prima facie evi-

dence; petition; required contents; ser-vice; exhibits; finding regardinginaccurate birthdate; fees

109.390 Authority of Department of Human Ser-vices or child-caring agency in adoptionproceedings

109.400 Adoption report form109.410 Certificate of adoption; form; persons eli-

gible to receive certificate; status

VOLUNTARY ADOPTION REGISTRY109.425 Definitions for ORS 109.425 to 109.507109.430 Policy and purpose109.435 Adoption records to be permanently

maintained109.445 Information of registry confidential109.450 Child placement agency to maintain reg-

istry; Department of Human Services du-ties

109.455 Persons eligible to use registry109.460 Persons eligible to register; information

authorized for release; expiration of reg-istration on behalf of minor

109.465 Content of affidavit; notice of change ininformation

109.470 Continuing registration by birth parentor putative father; reregistration by minoras adult; fee

109.475 Processing affidavits; notification ofmatch

109.480 Counseling of registrant109.485 Registry information to be maintained

permanently109.490 Limits on releasing information109.495 Registrant fee109.500 Genetic, social and health history; avail-

ability; fee109.502 Search for birth parents, putative father,

genetic siblings or county where adoptionfinalized; who may initiate; informationrequired; fee

109.503 Access to adoption records for search;duties of searcher

109.504 Effect on subsequent searches when per-son sought in initial search refuses con-tact; other restrictions on searches

109.505 Support services; adoption and reunionissues

109.506 Rulemaking; fees109.507 Access to Department of Human Services

records required; access to private agencyrecords discretionary

AGE OF MAJORITY109.510 Age of majority109.520 Majority of married persons

RELATIVE CAREGIVERS109.570 Legislative findings109.572 Definitions for ORS 109.570 to 109.580109.575 Authority of relative caregiver to consent

to medical treatment and educationalservices for minor child; liability for pay-ment; expiration of authority

109.580 Relative caregiver affidavit

RIGHTS OF MINORS109.610 Right to care for certain diseases without

parental consent109.640 Right to medical or dental treatment

without parental consent; provision ofbirth control information and services toany person


PARENT AND CHILD RIGHTS AND RELATIONSHIPS

109.650 Disclosure without minor’s consent andwithout liability

109.660 Construction109.670 Right to donate blood109.672 Certain persons immune from liability for

providing care to minor109.675 Right to diagnosis or treatment for men-

tal or emotional disorder or chemical de-pendency without parental consent

109.680 Disclosure without minor’s consent; civilimmunity

109.685 Immunity from civil liability for personproviding treatment or diagnosis

109.690 Parent or guardian not liable for paymentunder ORS 109.675

109.695 Rules for implementation of ORS 109.675to 109.695

109.697 Right to contract for dwelling unit andutilities without parental consent

UNIFORM CHILD CUSTODYJURISDICTION AND

ENFORCEMENT ACT(General Provisions)

109.701 Short title109.704 Definitions for ORS 109.701 to 109.834109.707 Proceedings governed by other law109.711 Application to Indian tribes109.714 International application of ORS 109.701

to 109.834109.717 Effect of child custody determination109.721 Priority109.724 Notice to persons outside state109.727 Appearance and limited immunity109.731 Communication between courts109.734 Taking testimony in another state109.737 Cooperation between courts; preservation

of records

(Jurisdiction)109.741 Initial child custody jurisdiction109.744 Exclusive, continuing jurisdiction

109.747 Jurisdiction to modify determination109.751 Temporary emergency jurisdiction109.754 Notice; opportunity to be heard; joinder109.757 Simultaneous proceedings109.761 Inconvenient forum109.764 Jurisdiction declined by reason of conduct109.767 Information to be submitted to court109.771 Appearance of parties and child

(Enforcement)109.774 Definitions for ORS 109.774 to 109.827109.777 Enforcement under Hague Convention109.781 Duty to enforce109.784 Temporary order for parenting time or

visitation109.787 Registration of child custody determi-

nation; notice; fee; hearing109.791 Enforcement of registered determination109.794 Simultaneous proceedings109.797 Expedited enforcement of child custody

determination109.801 Service of petition and order109.804 Immediate physical custody of child; ex-

ceptions; spousal privilege in certain pro-ceedings

109.807 Warrant to take physical custody of child109.811 Costs, fees and expenses109.814 Recognition and enforcement109.817 Appeals109.821 Role of district attorney109.824 Role of law enforcement officer109.827 Costs and expenses of district attorney

and law enforcement officers

(Miscellaneous Provisions)109.831 Application and construction109.834 Severability clause

PENALTY109.990 Penalty


DOMESTIC RELATIONS


PARENT AND CHILD RIGHTS AND RELATIONSHIPS 109.035

Note: Definitions in 25.010 and 25.011 apply to ORSchapter 109.

PARENT AND CHILD RELATIONSHIP109.001 Breast-feeding in public place.

A woman may breast-feed her child in apublic place. [1999 c.306 §1]

Note: 109.001 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 109 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

109.003 Attorney fees; intervenor. Inany proceeding brought under this chapter,an authorization of attorney fees to a partyalso authorizes an award of attorney fees toor against any person who has appeared orintervened in the proceeding. [1997 c.90 §4; 2005c.22 §84]

109.010 Duty of support. Parents arebound to maintain their children who arepoor and unable to work to maintain them-selves; and children are bound to maintaintheir parents in like circumstances.

109.012 Liability of parents for ex-penses and education of children. (1)(a)The expenses of a minor child and the edu-cation of the minor child are chargeableupon the property of either or both parentswho have not married each other. The par-ents may be sued jointly or separately for theexpenses and education of the minor child.

(b) This subsection applies to a personwho is asserted to be a parent of the minorchild only when:

(A) A voluntary acknowledgment ofpaternity form has been filed in this or an-other state and the period for rescinding orchallenging the voluntary acknowledgmenton grounds other than fraud, duress or ma-terial mistake of fact has expired; or

(B) Parentage has been established pur-suant to an order or judgment entered underORS 109.124 to 109.230 or 416.430.

(c) As used in this subsection, “expensesof a minor child” includes only expenses in-curred for the benefit of a minor child.

(2) Notwithstanding subsection (1) of thissection, a parent is not responsible for debtscontracted by the other parent after the sep-aration of one parent from the other parent,except for debts incurred for maintenance,support and education of the minor child ofthe parents.

(3) For the purposes of subsection (2) ofthis section, parents are considered separatedif they are living in separate residenceswithout intention of reconciliation at thetime the debt is incurred. The court mayconsider the following factors in determiningwhether the parents are separated, in addi-tion to other relevant factors:

(a) Whether the parents subsequentlyreconciled.

(b) The number of separations and recon-ciliations of the parents.

(c) The length of time the parents livedapart.

(d) Whether the parents intend to recon-cile.

(4) An action under this section must becommenced within the period otherwise pro-vided by law. [2005 c.732 §2; 2017 c.651 §15]

109.015 Proceedings for child supportif child receives public assistance. If pub-lic assistance, as defined in ORS 416.400, isprovided for any dependent child, the admin-istrator, as defined in ORS 25.010, may initi-ate 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 or419C.590 to obtain support for the child fromone or both parents or from any other personlegally responsible for the support of thechild, including a guardian or conservator. Inany proceeding under any statute cited inthis section, the obligee is a party. [1983 c.767§2; 1985 c.671 §44c; 1991 c.67 §22; 1993 c.33 §371; 1993c.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; 2007 c.643§2]

109.020 When child’s maintenance andeducation may be defrayed out of incomeof own property. If any minor, whose par-ent is living, has property the income ofwhich is sufficient for the maintenance andeducation of the minor in a manner moreexpensive than the parent can reasonably af-ford, regard being had to the situation of theparent’s family and to all the circumstancesof the case, the expenses of the maintenanceand education of the minor may be whollyor partially defrayed out of the income of theproperty of the minor, as is judged reason-able by the court having probate jurisdiction.The charges therefor may be allowed accord-ingly in the settlement of the accounts of theguardian or the conservator of the minor ofthe estate of the minor. [Amended by 1973 c.823§104; 2007 c.22 §6]

109.030 Equality in rights and respon-sibilities of parents. The rights and respon-sibilities of the parents, in the absence ofmisconduct, are equal, and each parent is asfully entitled to the custody and control ofthe children and their earnings as the otherparent. In case of the death of one parent,the other parent shall come into full andcomplete control of the children and theirestate. [Amended by 2017 c.651 §50]

109.035 Security required before for-eign travel with child. (1) As used in thissection:


109.041 DOMESTIC RELATIONS

(a) “Custody order” includes any orderor judgment establishing or modifying cus-tody 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 countrythat:

(A) Is not a signatory to the Hague Con-vention on the Civil Aspects of InternationalChild Abduction;

(B) Does not provide for the extraditionto the United States of a parental abductorand minor child;

(C) Has local laws or practices thatwould restrict the other parent of the minorchild from freely traveling to or exiting fromthe country because of the race, religion, sexor sexual orientation of the other parent;

(D) Has local laws or practices thatwould restrict the ability of the minor childfrom legally leaving the country after thechild reaches the age of majority because ofthe race, religion, sex or sexual orientationof the child; or

(E) Poses a significant risk that thephysical health or safety of the minor childwould be endangered in the country becauseof war, human rights violations or specificcircumstances related to the needs of thechild.

(2) A court that finds by clear and con-vincing evidence a risk of internationalabduction of a minor child may issue a courtorder requiring a parent who is subject to acustody order and who plans to travel witha minor child to a foreign country to providesecurity, bond or other guarantee as de-scribed in subsection (4) of this section.

(3) In determining whether a risk ofinternational abduction of a minor child ex-ists, a court shall consider the following fac-tors involving a parent who is subject to acustody order:

(a) The parent has taken or retained, at-tempted to take or retain or threatened totake or retain a minor child in violation ofstate law or a valid custody order and theparent is unable to present clear and con-vincing evidence that the parent believed ingood faith that the conduct was necessary toavoid imminent harm to the parent or thechild;

(b) The parent has recently engaged in apattern of activities that indicates the parentis planning to abduct the minor child fromthis country;

(c) The parent has strong familial, emo-tional or cultural connections to this countryor another country, regardless of citizenshipor residency status; and

(d) Any other relevant factors.

(4) A security, bond or other guaranteerequired by a court under this section mayinclude, but is not limited to, any of the fol-lowing:

(a) A bond or security deposit in anamount that is sufficient to offset the costof recovering the minor child if the child isabducted;

(b) Supervised parenting time; or(c) Passport and travel controls, includ-

ing but not limited to controls that:(A) Prohibit the parent from removing

the minor child from this state or this coun-try;

(B) Require the parent to surrender apassport or an international travel visa thatis issued in the name of the minor child orjointly in the names of the parent and thechild;

(C) Prohibit the parent from applying fora new or replacement passport or interna-tional travel visa on behalf of the minorchild; and

(D) Require the parent to provide to arelevant embassy or consulate and to theOffice of Children’s Issues in the UnitedStates Department of State the followingdocuments:

(i) Written notice of passport and travelcontrols required under this paragraph; and

(ii) A certified copy of a court order is-sued under this section.

(5) After considering the factors undersubsection (3) of this section and requiring asecurity, bond or other guarantee under thissection, the court shall issue a written de-termination supported by findings of fact andconclusions of law.

(6) Nothing in this section is intended tolimit the inherent power of a court in mat-ters relating to children. [2003 c.532 §1; 2005 c.22§85; 2007 c.100 §17]


109.040 [Repealed by 1953 c.650 §4]

109.041 Relationship between adoptedchild and natural and adoptive parents.(1) The effect of a judgment of adoptionheretofore or hereafter granted by a court ofthis state shall be that the relationship,rights and obligations between an adoptedperson and the descendants of the adoptedperson and

(a) The adoptive parents of the adoptedperson, their descendants and kindred, and

(b) The natural parents of the adoptedperson, their descendants and kindred



shall be the same to all legal intents andpurposes after the entry of such judgment asif the adopted person had been born in lawfulwedlock to the adoptive parents and had notbeen born to the natural parents.

(2) When a person has been or shall beadopted in this state by a stepparent, thissection shall leave unchanged the relation-ship, rights and obligations between suchadopted person and descendants of theadopted person and natural parent of theadopted person, who is the spouse of theperson who adopted the person, and the de-scendants and kindred of such natural par-ent. [1953 c.650 §1; 2003 c.576 §134]

109.050 Relation of adopted child toadoptive parents. An adopted child bearsthe same relation to adoptive parents andtheir kindred in every respect pertaining tothe relation of parent and child as theadopted child would if the adopted child werethe natural child of such parents.

109.053 [1979 c.266 §1; 1981 c.614 §1; 1997 c.704 §55;2003 c.576 §135; renumbered 108.045 in 2005]

109.055 [1971 c.703 §1; 1973 c.827 §12e; repealed by1979 c.266 §3]

109.056 Delegation of certain powersby parent or guardian; delegation duringperiod of military service. (1) Except asprovided in subsection (2) or (3) of this sec-tion, a parent or guardian of a minor or in-capacitated person, by a properly executedpower of attorney, may delegate to anotherperson, for a period not exceeding sixmonths, any of the powers of the parent orguardian regarding care, custody or propertyof the minor child or ward, except the powerto consent to marriage or adoption of a mi-nor ward.

(2) A parent or guardian of a minor childmay delegate the powers designated in sub-section (1) of this section to a school admin-istrator for a period not exceeding 12months.

(3)(a) As used in this subsection,“servicemember-parent” means a parent orguardian:

(A) Who is:(i) A member of the organized militia of

this state;(ii) A member of the Reserves of the

Army, Navy, Air Force, Marine Corps orCoast Guard of the United States;

(iii) A member of the commissioned corpsof the National Oceanic and AtmosphericAdministration; or

(iv) A member of the Public Health Ser-vice of the United States Department ofHealth and Human Services detailed byproper authority for duty with the Army orNavy of the United States; and

(B) Who is required to enter and serve inthe active military service of the UnitedStates under a call or order by the Presidentof the United States or to serve on state ac-tive duty as defined in the Oregon Code ofMilitary Justice.

(b) A servicemember-parent of a minorchild may delegate the powers designated insubsection (1) of this section for a period notexceeding the term of active duty serviceplus 30 days.

(c) Except as provided in paragraph (d)of this subsection, if the minor child is livingwith the child’s other parent, a delegationunder paragraph (b) of this subsection mustbe to the parent with whom the minor childis living unless a court finds that the deleg-ation would not be in the best interests ofthe minor child.

(d) When the servicemember-parent hasjoint custody of the minor child with thechild’s other parent or another individual,and the servicemember-parent is married toan individual other than the child’s otherparent, the servicemember-parent may dele-gate the powers designated in subsection (1)of this section to the spouse of theservicemember-parent for a period not ex-ceeding the term of active duty service plus30 days, unless a court finds that the deleg-ation would not be in the best interests ofthe minor child. [Formerly 126.030; 2005 c.79 §4;2007 c.250 §1; 2012 c.106 §2; 2013 c.81 §22]

109.060 Legal status and legal re-lationships when parents not married.The legal status and legal relationships andthe rights and obligations between a personand the descendants of the person, and be-tween a person and parents of the person,their descendants and kindred, are the samefor all persons, whether or not the parentshave been married. [1957 c.411 §1]

109.065 Establishing parentage. (1)Parentage may be established between a per-son and a child by:

(a) The person having given birth to thechild;

(b) An unrebutted presumption of parent-age under ORS 109.070;

(c) An adjudication of the person’s ma-ternity or paternity;

(d) Adoption of the child by the person;(e) An effective acknowledgement of

paternity by the man under ORS 109.070 orpursuant to the laws of another state, unlessthe acknowledgement has been rescinded orsuccessfully challenged;

(f) Establishment of paternity by an ad-ministrative order issued pursuant to ORSchapter 416;

(g) Filiation proceedings; or



(h) Parentage being established or de-clared by another provision of law.

(2) A person is the mother of a child towhom the person gives birth. [2017 c.651 §2]

Note: 109.065 was added to and made a part ofORS chapter 109 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

109.070 Presumption of parentage; es-tablishing paternity by voluntary ac-knowledgment. (1) The parentage of aperson is rebuttably presumed if:

(a) The person is married to the birthmother at the time of the child’s birth, with-out a judgment of separation, regardless ofwhether the marriage is void.

(b) The person is married to the birthmother and the child is born within 300 daysafter the marriage is terminated by death,annulment or dissolution or after entry of ajudgment of separation.

(2) The parentage of a child establishedunder subsection (1)(a) or (4)(a) of this sec-tion may be challenged in an action or pro-ceeding by either spouse. The parentage maynot be challenged by a person other than aspouse as long as the spouses are marriedand are cohabiting, unless both spouses con-sent to the challenge.

(3) If the court finds that it is just andequitable, giving consideration to the inter-ests of the parties and the child, the courtshall admit evidence offered to rebut thepresumption of parentage in subsection (1)of this section.

(4) The paternity of a person may be es-tablished by a voluntary acknowledgementas follows:

(a) By the marriage of the parents of achild after the birth of the child, and theparents filing with the State Registrar of theCenter for Health Statistics the voluntaryacknowledgement of paternity form as pro-vided by ORS 432.098.

(b) By filing with the State Registrar ofthe Center for Health Statistics the volun-tary acknowledgement of paternity form asprovided under ORS 432.098. Except as oth-erwise provided in subsections (5) and (8) ofthis section, a filing under this paragraphestablishes paternity for all purposes.

(c) By establishment of paternity througha voluntary acknowledgement of paternity inanother state.

(5)(a) A party to a voluntary acknowl-edgment of paternity may rescind the ac-knowledgment within the earlier of:

(A) Sixty days after filing the acknowl-edgment; or

(B) The date of a proceeding relating tothe child, including a proceeding to establish

a support order, in which the party wishingto rescind the acknowledgment is also aparty. For the purposes of this subparagraph,the date of a proceeding is the date on whichan order is entered in the proceeding.

(b) To rescind the acknowledgment, theparty shall sign and file with the State Reg-istrar of the Center for Health Statistics awritten document declaring the rescission.

(6)(a) A signed voluntary acknowledg-ment of paternity filed in this state may bechallenged and set aside in circuit court atany time after the 60-day period referred toin subsection (5) of this section on the basisof fraud, duress or a material mistake of fact.

(b) The challenge may be brought by:(A) A party to the acknowledgment;(B) The child named in the acknowledg-

ment; or(C) The Department of Human Services

or the administrator, as defined in ORS25.010, if the child named in the acknowl-edgment is in the care and custody of thedepartment under ORS chapter 419B and thedepartment or the administrator reasonablybelieves that the acknowledgment was signedbecause of fraud, duress or a material mis-take of fact.

(c) The challenge shall be initiated byfiling a petition with the circuit court. Un-less otherwise specifically provided by law,the challenge shall be conducted pursuant tothe Oregon Rules of Civil Procedure.

(d) The party bringing the challenge hasthe burden of proof.

(e) Legal responsibilities arising from theacknowledgment, including child support ob-ligations, may not be suspended during thechallenge, except for good cause.

(f) If the court finds by a preponderanceof the evidence that the acknowledgment wassigned because of fraud, duress or materialmistake of fact, the court shall set aside theacknowledgment unless, giving considerationto the interests of the parties and the child,the court finds that setting aside the ac-knowledgment would be substantially inequi-table.

(7) Within one year after a voluntary ac-knowledgment of paternity form is filed inthis state and if blood tests, as defined inORS 109.251, have not been completed, aparty to the acknowledgment, or the depart-ment if the child named in the acknowledg-ment is in the care and custody of thedepartment under ORS chapter 419B, mayapply to the administrator for an order forblood tests in accordance with ORS 416.443.

(8)(a) A voluntary acknowledgment ofpaternity is not valid if, before the partysigned the acknowledgment:



(A) The party signed a consent to theadoption of the child by another individual;

(B) The party signed a document relin-quishing the child to a child-caring agencyas defined in ORS 418.205;

(C) The party’s parental rights were ter-minated by a court; or

(D) In an adjudication, the party was de-termined not to be the biological parent ofthe child.

(b) Notwithstanding any provision ofsubsection (4)(a) or (b) of this section or ORS432.098 to the contrary, an acknowledgmentsigned by a party described in this subsectionand filed with the State Registrar of theCenter for Health Statistics does not estab-lish paternity and is void. [1957 c.411 §2; 1969c.619 §11; 1971 c.127 §2; 1975 c.640 §3; 1983 c.709 §37; 1995c.79 §37; 1995 c.514 §7; 1999 c.80 §20; 2001 c.455 §17; 2003c.576 §136; 2005 c.160 §§11,17; 2007 c.454 §1; 2016 c.106§42; 2017 c.651 §3]

109.072 Petition to vacate or set asideparentage determination. (1) As used inthis section:

(a) “Blood tests” has the meaning giventhat term in ORS 109.251.

(b)(A) “Parentage judgment” means ajudgment or administrative order that:

(i) Expressly or by inference determinesthe parentage of a child, or that imposes achild support obligation based on the parent-age of a child; and

(ii) Resulted from a proceeding in whichblood tests were not performed and the issueof parentage was not challenged.

(B) “Parentage judgment” does not in-clude a judgment or administrative orderthat determines paternity or parentage of achild conceived by assisted reproduction asdefined in ORS 109.239.

(c) “Petition” means a petition or motionfiled under this section.

(d) “Petitioner” means the person filinga petition or motion under this section.

(2)(a) The following may file in circuitcourt a petition to vacate or set aside theparentage determination of a parentage judg-ment, including any child support obligationsestablished in the parentage judgment, andfor a judgment of nonparentage:

(A) A party to the parentage judgment.(B) The Department of Human Services

if the child is in the care and custody of theDepartment of Human Services under ORSchapter 419B.

(C) The Division of Child Support of theDepartment of Justice if the child supportrights of the child or of one of the parties tothe parentage judgment have been assignedto the state.

(b) The petitioner may file the petition inthe circuit court proceeding in which theparentage judgment was entered, in a relatedproceeding or in a separate action. The peti-tioner shall attach a copy of the parentagejudgment to the petition.

(c) If the ground for the petition is thatthe parentage determination was obtained byor was the result of mistake, inadvertence,surprise or excusable neglect, the petitionermay not file the petition more than one yearafter entry of the parentage judgment.

(d) If the ground for the petition is thatthe parentage determination was obtained byor was the result of fraud, misrepresentationor other misconduct of an adverse party, thepetitioner may not file the petition morethan one year after the petitioner discoversthe fraud, misrepresentation or other mis-conduct.

(3) In the petition, the petitioner shall:(a) Designate as parties:(A) All persons who were parties to the

parentage judgment;(B) The child if the child is a child at-

tending school, as defined in ORS 107.108;(C) The Department of Human Services

if the child is in the care and custody of theDepartment of Human Services under ORSchapter 419B; and

(D) The Administrator of the Division ofChild Support of the Department of Justiceif the child support rights of the child or ofone of the parties to the parentage judgmenthave been assigned to the state.

(b) Provide the full name and date ofbirth of the child whose parentage was de-termined by the parentage judgment.

(c) Allege the facts and circumstancesthat resulted in the entry of the parentagejudgment and explain why the issue of par-entage was not contested.

(4) After filing a petition under this sec-tion, the petitioner shall serve a summonsand a true copy of the petition on all partiesas provided in ORCP 7.

(5) The court, on its own motion or onthe motion of a party, may appoint counselfor the child. However, if requested to do soby the child, the court shall appoint counselfor the child. A reasonable fee for an attor-ney so appointed may be charged against oneor more of the parties or as a cost in theproceeding, but may not be charged againstfunds appropriated for public defense ser-vices.

(6) The court may order the mother, thechild and the person whose parentage of thechild was determined by the parentage judg-ment to submit to blood tests. In deciding



whether to order blood tests, the court shallconsider the interests of the parties and thechild and, if it is just and equitable to do so,may deny a request for blood tests. If thecourt orders blood tests under this subsec-tion, the court shall order the petitioner topay the costs of the blood tests.

(7) Unless the court finds, giving consid-eration to the interests of the parties and thechild, that to do so would be substantiallyinequitable, the court shall vacate or setaside the parentage determination of theparentage judgment, including provisions im-posing child support obligations, and enter ajudgment of nonparentage if the court findsby a preponderance of the evidence that:

(a) The parentage determination was ob-tained by or was the result of:

(A) Mistake, inadvertence, surprise orexcusable neglect; or

(B) Fraud, misrepresentation or othermisconduct of an adverse party;

(b) The mistake, inadvertence, surprise,excusable neglect, fraud, misrepresentationor other misconduct was discovered by thepetitioner after the entry of the parentagejudgment; and

(c)(A) Blood tests establish that the per-son is not the biological parent of the childand the parentage determination was basedon biological parentage; or

(B) The parentage determination was notbased on biological parentage.

(8) If the court finds that the parentagedetermination of a parentage judgment wasobtained by or was the result of fraud, thecourt may vacate or set aside the parentagedetermination regardless of whether thefraud was intrinsic or extrinsic.

(9) If the court finds, based on blood testevidence, that the person may be the biolog-ical parent of the child and that the cumula-tive paternity or parentage index based onthe blood test evidence is 99 or greater, thecourt shall deny the petition.

(10) The court may grant the relief au-thorized by this section upon a party’s de-fault, or by consent or stipulation of theparties, without blood test evidence.

(11) A judgment entered under this sec-tion vacating or setting aside the parentagedetermination of a parentage judgment anddetermining nonparentage:

(a) Shall contain the full name and dateof birth of the child whose parentage wasestablished or declared by the parentagejudgment.

(b) Shall vacate and terminate any ongo-ing and future child support obligations aris-ing from or based on the parentage judgment.

(c) May vacate or deem as satisfied, inwhole or in part, unpaid child support obli-gations arising from or based on the parent-age judgment.

(d) May not order restitution from thestate for any sums paid to or collected by thestate for the benefit of the child.

(12) If the court vacates or sets aside theparentage determination of a parentage judg-ment under this section and enters a judg-ment of nonparentage, the petitioner shallsend a court-certified true copy of the judg-ment entered under this section to the StateRegistrar of the Center for Health Statisticsand to the Department of Justice as the statedisbursement unit. Upon receipt of thecourt-certified true copy of the judgment en-tered under this section, the state registrarshall correct any records maintained by thestate registrar that indicate that the party tothe parentage judgment is the parent of thechild.

(13) The court may award to the prevail-ing party a judgment for reasonable attorneyfees and costs, including the cost of anyblood tests ordered by the court and paid bythe prevailing party.

(14) A judgment entered under this sec-tion vacating or setting aside the parentagedetermination of a parentage judgment anddetermining nonparentage is not a bar tofurther proceedings to determine parentage,as otherwise allowed by law.

(15) If a person whose parentage of achild has been determined by a parentagejudgment has died, an action under this sec-tion may not be initiated by or on behalf ofthe estate of the person.

(16) This section does not limit the au-thority of the court to vacate or set aside ajudgment under ORCP 71, to modify a judg-ment within a reasonable period, to entertainan independent action to relieve a party froma judgment, to vacate or set aside a judgmentfor fraud upon the court or to render adeclaratory judgment under ORS chapter 28.

(17) This section shall be liberally con-strued to the end of achieving substantialjustice. [2007 c.454 §9; 2017 c.651 §16]

Note: 109.072 was added to and made a part ofORS chapter 109 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

109.073 Social Security number ofparent in paternity order. Except as oth-erwise provided in ORS 25.020, the final fourdigits of the Social Security number of aparent who is subject to a parentage deter-mination pursuant to ORS 109.065 (1)(e) or(g) or 416.400 to 416.465 shall be included inthe order, judgment or other declaration es-



tablishing paternity. [1997 c.746 §123; 1999 c.80 §94;2005 c.160 §§12,18; 2015 c.197 §5; 2017 c.651 §17]


109.080 [1957 c.411 §4; 1959 c.432 §64; repealed by1975 c.640 §18]

109.090 Interpretation of ORS 109.060to 109.090. (1) The provisions of ORS 109.060to 109.090 shall apply to all persons, irre-spective of whether they are born before orafter August 20, 1957. ORS 109.060 to 109.090shall not be construed to affect a decree ofdistribution entered, or any probate proceed-ing closed, prior to August 20, 1957.

(2) ORS 109.060 to 109.090 shall be liber-ally construed, with the view of effectuatingtheir objects, notwithstanding the rule ofcommon law that statutes in derogationthereof are to be strictly construed. [1957 c.411§§5,6; 1983 c.740 §11]

109.092 Obligation to recognize re-sponsibility for conception; mother sur-rendering child for adoption. When it isdetermined that a woman is pregnant with achild, the woman and any man to whom sheis not married and with whom she engagedin sexual intercourse at approximately thetime of conception have an obligation torecognize that the man may be the otherperson responsible for the conception. Duringthe months of pregnancy, the man may jointhe woman in acknowledging paternity andassuming the rights and duties of expectantparenthood. If the man acknowledgespaternity of the expected child and thewoman denies that he is the father or refusesto join him in acknowledging paternity, theman may seek relief under ORS 109.125. Ifthe woman wants the man to join her in ac-knowledging his paternity of the expectedchild and the man denies that he is the fa-ther or refuses to join her in acknowledgingpaternity, the woman may seek relief underORS 109.125. If after the birth of the childthe mother decides to surrender the child foradoption and paternity has not been ac-knowledged as provided in ORS 109.065 (1)(e)or the putative father has not asserted hisrights in filiation proceedings, the motherhas the right without the consent of the fa-ther to surrender the child as provided inORS 418.270 or to consent to the child’sadoption. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160§§13,19; 2017 c.651 §18]

109.094 Rights of parent when parent-age established; procedure when parent-age established. Upon the parentage of achild being established in the proceedings, aparent shall have the same rights as a parentwho is or was married to the mother of thechild. The clerk of the court shall certify the

fact of parentage to the Center for HealthStatistics of the Oregon Health Authority,and the Center for Health Statistics shallamend a record of live birth for the child andissue a new certified copy of the record oflive birth for the child. [1975 c.640 §6; 1983 c.709§38; 2009 c.595 §67; 2013 c.366 §56; 2017 c.651 §19]

109.096 Notice to putative father whenparentage not established. (1) When theparentage of a child has not been establishedunder ORS 109.065, the putative father isentitled to reasonable notice in adoption orother court proceedings concerning the cus-tody of the child, except for juvenile courtproceedings, if the petitioner knows, or bythe exercise of ordinary diligence shouldhave known:

(a) That the child resided with the puta-tive father at any time during the 60 daysimmediately preceding the initiation of theproceeding, or at any time since the child’sbirth if the child is less than 60 days oldwhen the proceeding is initiated; or

(b) That the putative father repeatedlyhas contributed or tried to contribute to thesupport of the child during the year imme-diately preceding the initiation of the pro-ceeding, or during the period since thechild’s birth if the child is less than one yearold when the proceeding is initiated.

(2) Except as provided in subsection (3)or (4) of this section, a verified statement ofthe mother of the child or of the petitioner,or an affidavit of another person with know-ledge of the facts, filed in the proceeding andasserting that the child has not resided withthe putative father, as provided in subsection(1)(a) of this section, and that the putativefather has not contributed or tried to con-tribute to the support of the child, as pro-vided in subsection (1)(b) of this section, issufficient proof to enable the court to grantthe relief sought without notice to the puta-tive father.

(3) The putative father is entitled to rea-sonable notice in a proceeding for the adop-tion of the child if notice of the initiation offiliation proceedings as required by ORS109.225 was on file with the Center forHealth Statistics of the Oregon Health Au-thority prior to the child’s being placed inthe physical custody of a person or personsfor the purpose of adoption by them. If thenotice of the initiation of filiation pro-ceedings was not on file at the time of theplacement, the putative father is barred fromcontesting the adoption proceeding.

(4) Except as otherwise provided in sub-section (3) of this section, the putative fatheris entitled to reasonable notice in court pro-ceedings concerning the custody of the child,other than juvenile court proceedings, if no-tice of the initiation of filiation proceedings



as required by ORS 109.225 was on file withthe Center for Health Statistics prior to theinitiation of the proceedings.

(5) Notice under this section is not re-quired to be given to a putative father whowas a party to filiation proceedings underORS 109.125 that were dismissed or resultedin a finding that he was not the father of thechild.

(6) The notice required under this sectionshall be given in the manner provided inORS 109.330.

(7) No notice given under this sectionneed disclose the name of the mother of thechild.

(8) A putative father has the primary re-sponsibility to protect his rights, and nothingin this section shall be used to set aside anact of a permanent nature including, but notlimited to, adoption or termination of par-ental rights, unless the father establisheswithin one year after the entry of the finaljudgment or order fraud on the part of a pe-titioner in the proceeding with respect tomatters specified in subsections (1) to (5) ofthis 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; 2009 c.595§68; 2017 c.651 §20]

109.098 Objection of putative father inproceeding referred to in ORS 109.096; ef-fect of failure to appear and object. (1) Ifa putative father of a child by due appear-ance in a proceeding of which he is entitledto notice under ORS 109.096 objects to therelief sought, the court:

(a) May stay the adoption or other courtproceeding to await the outcome of thefiliation proceedings only if notice of the in-itiation of filiation proceedings was on fileas required by ORS 109.096 (3) or (4).

(b) Shall, if filiation proceedings are notpending, inquire as to the paternity of thechild, the putative father’s past endeavors tofulfill his obligation to support the child andto contribute to the pregnancy-related med-ical expenses, the period that the child haslived with the putative father, the putativefather’s fitness to care for and rear the childand whether the putative father is willing tobe declared the father of the child and toassume the responsibilities of a father.

(2) If after inquiry under subsection (1)(b)of this section the court finds:

(a) That the putative father is the fatherof the child and is fit and willing to assumethe responsibilities of a father, it shall havethe power:

(A) Upon the request of the putative fa-ther, to declare his paternity and to certifythe fact of paternity in the manner providedin ORS 109.094; and

(B) To award custody of the child to ei-ther parent as may be in the best interestsof the child, or to take any other actionwhich the court may take if the parents areor were married to each other.

(b) That the putative father is not thefather of the child, it may grant the reliefsought in the proceeding without the puta-tive father’s consent.

(c) That the putative father is the naturalfather of the child but is not fit or willing toassume the responsibilities of a father, itmay grant the relief sought in the proceedingor any other relief that the court deems tobe in the best interests of the child, not-withstanding the father’s objection.

(3) If a putative father of a child is giventhe notice of a proceeding required by ORS109.096 and he fails to enter due appearanceand to object to the relief sought thereinwithin the time specified in the notice, thecourt may grant the relief sought withoutthe putative father’s consent. [1975 c.640 §8; 1995c.90 §2; 2005 c.160 §6; 2017 c.651 §21]

109.100 Petition for support; effect ofjudgment; parties. (1) Any minor child orthe administrator may, in accordance withORCP 27 A, apply to the circuit court in thecounty in which the child resides, or inwhich the natural or adoptive father ormother of the child may be found, for an or-der upon the child’s father or mother, orboth, to provide for the child’s support. Thechild or the administrator may apply for theorder by filing in the county a petition set-ting forth the facts and circumstances reliedupon for the order. If satisfied that a justcause exists, the court shall direct that thefather or mother appear at a time set by thecourt to show cause why an order of supportshould not be entered in the matter.

(2) The petitioner shall state in the peti-tion, to the extent known:

(a) Whether there is pending in this stateor any other jurisdiction any type of supportproceeding involving the minor child, includ-ing 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.400or 419C.590 or ORS chapter 110; and

(b) Whether there exists in this state orany other jurisdiction a support order, asdefined in ORS 110.503, involving the minorchild.

(3) The petitioner shall include with thepetition a certificate regarding any pendingsupport proceeding and any existing supportorder. The petitioner shall use a certificatethat is in a form established by court ruleand include information required by courtrule and subsection (2) of this section.



(4) The judgment of a court under sub-section (1) of this section is final as to anyinstallment or payment of money that hasaccrued up to the time either party makes amotion to set aside, alter or modify thejudgment, and the court may not set aside,alter or modify the judgment, or any portionthereof, that provides for any payment ofmoney that has accrued prior to the filing ofthe motion.

(5) The provisions of ORS 108.120 applyto proceedings under subsection (1) of thissection.

(6) In any proceeding under this section,both the child’s physical and legal custodiansare 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; 2011c.595 §124; 2015 c.298 §93]

109.103 Proceeding to determine cus-tody or support of child. (1) If a child isborn to an unmarried person and parentagehas been established under ORS 109.065, orif a child is born to a married person by aperson other than the birth mother’s spouseand parentage between the person and thechild has been established under ORS109.065, either parent may initiate a civilproceeding to determine the custody or sup-port of, or parenting time with, the child.The proceeding shall be brought in the cir-cuit court of the county in which the childresides or is found or in the circuit court ofthe county in which either parent resides.The parents have the same rights and re-sponsibilities regarding the custody and sup-port of, and parenting time with, their childthat married or divorced parents would have,and the provisions of ORS 107.094 to 107.449that relate to custody, support and parentingtime, the provisions of ORS 107.755 to107.795 that relate to mediation procedures,and the provisions of ORS 107.810, 107.820and 107.830 that relate to life insurance, ap-ply to the proceeding.

(2) A parent may initiate the proceedingby filing with the court a petition settingforth the facts and circumstances uponwhich the parent relies. The parent shallstate in the petition, to the extent known:

(a) Whether there is pending in this stateor any other jurisdiction any type of supportproceeding involving the child, including onebrought under ORS 109.100, 109.165, 125.025,416.400 to 416.465, 419B.400 or 419C.590 orORS chapter 110; and

(b) Whether there exists in this state orany other jurisdiction a support order, asdefined in ORS 110.503, involving the child.

(3) The parent shall include with the pe-tition a certificate regarding any pendingsupport proceeding and any existing support

order. The parent shall use a certificate thatis in a form established by court rule andinclude information required by court ruleand subsection (2) of this section.

(4) When a parent initiates a proceedingunder this section and the child supportrights of one of the parents or of the childhave been assigned to the state, the parentinitiating the proceeding shall serve, by mailor personal delivery, a copy of the petitionon the Administrator of the Division of ChildSupport or on the branch office providingsupport services to the county in which thesuit is filed.

(5)(a) After a petition is filed under thissection and upon service of summons andpetition upon the respondent as provided inORCP 7, a restraining order is issued and ineffect against the petitioner and the re-spondent until a final judgment is issued,until the petition is dismissed or until fur-ther order of the court, restraining the peti-tioner and the respondent from:

(A) Canceling, modifying, terminating orallowing to lapse for nonpayment of premi-ums any policy of health insurance that oneparty maintains to provide coverage for theother party or a minor child of the parties,or any life insurance policy that names ei-ther of the parties or a minor child of theparties as a beneficiary; and

(B) Changing beneficiaries or coveredparties under any policy of health insurancethat one party maintains to provide coveragefor a minor child of the parties, or any lifeinsurance policy.

(b) Either party restrained under thissubsection may apply to the court for furthertemporary orders, including modification orrevocation of the restraining order issuedunder this subsection.

(c) The restraining order issued underthis subsection shall include a notice thateither party may request a hearing on therestraining order by filing a request forhearing with the court.

(d) A copy of the restraining order issuedunder this subsection must be attached tothe summons.

(e) A party who violates a term of a re-straining order issued under this subsectionis subject to imposition of remedial sanctionsunder ORS 33.055 based on the violation, butis not subject to:

(A) Criminal prosecution based on theviolation; or

(B) Imposition of punitive sanctions un-der ORS 33.065 based on the violation. [1975c.640 §9; 2003 c.116 §9; 2003 c.572 §15; 2007 c.454 §2; 2011c.114 §4; 2013 c.126 §2; 2013 c.127 §2; 2015 c.298 §94; 2017c.651 §22]

109.105 [1969 c.461 §1; renumbered 109.610]



109.110 [Amended by 1961 c.338 §1; 1967 c.534 §14;repealed by 1969 c.619 §15]

109.112 Mother, father or putative fa-ther deemed to have attained majority.The mother, father or putative father of achild shall be deemed to have attained ma-jority and, regardless of age, may give au-thorizations, releases or waivers, or enterinto agreements, in adoption, juvenile court,filiation or other proceedings concerning thecare or custody of the child. [1975 c.640 §10]

109.115 [1969 c.271 §2; renumbered 109.620]

109.116 Validity of putative father’sauthorization, release or waiver. Any au-thorization, release or waiver given by theputative father with reference to the custodyor adoption of the child or the terminationof parental rights shall be valid even if givenprior to the child’s birth. [1975 c.640 §11]

109.118 Validity of decrees or ordersentered prior to July 3, 1975, concerningcustody, adoption or permanent commit-ment of child. All decrees or orders hereto-fore entered in any court of this stateconcerning the custody, adoption or perma-nent commitment of a child are hereby de-clared valid upon the expiration of 30 daysafter July 3, 1975, notwithstanding that no-tice was not given to the putative father ofthe child. [1975 c.640 §13]

109.119 Rights of person who estab-lishes emotional ties creating child-parent relationship or ongoing personalrelationship; presumption regarding legalparent; motion for intervention. (1) Ex-cept as otherwise provided in subsection (9)of this section, any person, including but notlimited to a related or nonrelated foster par-ent, stepparent, grandparent or relative byblood or marriage, who has established emo-tional ties creating a child-parent relation-ship or an ongoing personal relationship witha child may petition or file a motion for in-tervention with the court having jurisdictionover the custody, placement or guardianshipof that child, or if no such proceedings arepending, may petition the court for thecounty in which the child resides, for an or-der providing for relief under subsection (3)of this section.

(2)(a) In any proceeding under this sec-tion, there is a presumption that the legalparent acts in the best interest of the child.

(b) In an order granting relief under thissection, the court shall include findings offact supporting the rebuttal of the presump-tion described in paragraph (a) of this sub-section.

(c) The presumption described in para-graph (a) of this subsection does not apply ina proceeding to modify an order granting re-lief under this section.

(3)(a) If the court determines that achild-parent relationship exists and if thecourt determines that the presumption de-scribed in subsection (2)(a) of this sectionhas been rebutted by a preponderance of theevidence, the court shall grant custody,guardianship, right of visitation or otherright to the person having the child-parentrelationship, if to do so is in the best interestof the child. The court may determine tem-porary custody of the child or temporaryvisitation rights under this paragraph pend-ing a final order.

(b) If the court determines that an ongo-ing personal relationship exists and if thecourt determines that the presumption de-scribed in subsection (2)(a) of this sectionhas been rebutted by clear and convincingevidence, the court shall grant visitation orcontact rights to the person having the on-going personal relationship, if to do so is inthe best interest of the child. The court mayorder temporary visitation or contact rightsunder this paragraph pending a final order.

(4)(a) In deciding whether the presump-tion described in subsection (2)(a) of thissection has been rebutted and whether toaward visitation or contact rights over theobjection of the legal parent, the court mayconsider factors including, but not limited to,the following, which may be shown by theevidence:

(A) The petitioner or intervenor is or re-cently has been the child’s primary care-taker;

(B) Circumstances detrimental to thechild exist if relief is denied;

(C) The legal parent has fostered, en-couraged or consented to the relationshipbetween the child and the petitioner orintervenor;

(D) Granting relief would not substan-tially interfere with the custodial relation-ship; or

(E) The legal parent has unreasonablydenied or limited contact between the childand the petitioner or intervenor.

(b) In deciding whether the presumptiondescribed in subsection (2)(a) of this sectionhas been rebutted and whether to awardcustody, guardianship or other rights overthe objection of the legal parent, the courtmay consider factors including, but not lim-ited to, the following, which may be shownby the evidence:

(A) The legal parent is unwilling or una-ble to care adequately for the child;

(B) The petitioner or intervenor is or re-cently has been the child’s primary care-taker;



(C) Circumstances detrimental to thechild exist if relief is denied;

(D) The legal parent has fostered, en-couraged or consented to the relationshipbetween the child and the petitioner orintervenor; or

(E) The legal parent has unreasonablydenied or limited contact between the childand the petitioner or intervenor.

(5) In addition to the other rights grantedunder this section, a stepparent with achild-parent relationship who is a party in adissolution proceeding may petition the courthaving jurisdiction for custody or visitationunder this section or may petition the courtfor the county in which the child resides foradoption of the child. The stepparent mayalso file for post-judgment modification of ajudgment relating to child custody.

(6)(a) A motion for intervention filed un-der this section shall comply with ORCP 33and state the grounds for relief under thissection.

(b) Costs for the representation of anintervenor under this section may not becharged against funds appropriated for publicdefense services.

(7) In a proceeding under this section,the court may:

(a) Cause an investigation, examinationor evaluation to be made under ORS 107.425or may appoint an individual or a panel ormay designate a program to assist the courtin creating parenting plans or resolving dis-putes regarding parenting time and to assistthe parties in creating and implementingparenting plans under ORS 107.425 (3).

(b) Assess against a party reasonable at-torney fees and costs for the benefit of an-other party.

(8) When a petition or motion to inter-vene is filed under this section seekingguardianship or custody of a child who is aforeign national, the petitioner or intervenorshall serve a copy of the petition or motionon the consulate for the child’s country.

(9) This section does not apply to pro-ceedings under ORS chapter 419B.

(10) As used in this section:(a) “Child-parent relationship” means a

relationship that exists or did exist, in wholeor in part, within the six months precedingthe filing of an action under this section, andin which relationship a person having phys-ical custody of a child or residing in thesame household as the child supplied, orotherwise made available to the child, food,clothing, shelter and incidental necessariesand provided the child with necessary care,education and discipline, and which relation-

ship continued on a day-to-day basis, throughinteraction, companionship, interplay andmutuality, that fulfilled the child’s psycho-logical needs for a parent as well as thechild’s physical needs. However, a relation-ship between a child and a person who is thenonrelated foster parent of the child is not achild-parent relationship under this sectionunless the relationship continued over a pe-riod exceeding 12 months.

(b) “Circumstances detrimental to thechild” includes but is not limited to circum-stances that may cause psychological, emo-tional or physical harm to a child.

(c) “Grandparent” means the legal parentof the child’s legal parent.

(d) “Legal parent” means a parent as de-fined in ORS 419A.004 whose rights have notbeen terminated under ORS 419B.500 to419B.524.

(e) “Ongoing personal relationship”means a relationship with substantial conti-nuity for at least one year, through interac-tion, 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]

109.120 [Repealed by 1969 c.619 §15]109.121 [1979 c.776 §2; 1983 c.369 §2; 1987 c.810 §2;

1993 c.33 §291; 1999 c.477 §1; 1999 c.569 §7; repealed by2001 c.873 §2]

109.123 [1979 c.776 §3; repealed by 2001 c.873 §2]

FILIATION PROCEEDINGS109.124 Definitions for ORS 109.124 to

109.230. As used in ORS 109.124 to 109.230,unless the context requires otherwise:

(1) “Child attending school” has themeaning given that term in ORS 107.108.

(2) “Child born out of wedlock” means achild born to an unmarried person or to amarried person by another person who is notthe person’s spouse.

(3) “Respondent” may include, but is notlimited to, one or more persons who may bethe father of a child born out of wedlock, thespouse of a woman who has or may have achild born out of wedlock, the mother of achild born out of wedlock, the person preg-nant with a child who may be born out ofwedlock, or the duly appointed and actingguardian of the child or conservator of thechild’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; 2005c.160 §§14,20; 2007 c.454 §3; 2017 c.651 §51]

109.125 Who may initiate proceedings;petition; parties. (1) Any of the followingmay initiate proceedings under this section:

(a) A mother of a child born out ofwedlock or a woman pregnant with a childwho may be born out of wedlock;



(b) The duly appointed and acting guard-ian of the child, conservator of the child’sestate or a guardian ad litem, if the guardianor conservator has the physical custody ofthe child or is providing support for thechild;

(c) The administrator, as defined in ORS25.010;

(d) A man claiming to be the father of achild born out of wedlock or of an unbornchild who may be born out of wedlock; or

(e) The minor child by a guardian adlitem.

(2) Proceedings shall be initiated by thefiling of a duly verified petition of the initi-ating party. The petition shall contain:

(a) If the initiating party is one of thosespecified in subsection (1)(a), (b), (c) or (e) ofthis section:

(A) The name of the mother of the childborn out of wedlock or the person pregnantwith a child who may be born out ofwedlock;

(B) The name of the mother’s spouse ifthe child is alleged to be a child born to amarried person and a man other than themother’s spouse;

(C) Facts showing the petitioner’s statusto initiate proceedings;

(D) A statement that a respondent is thefather;

(E) The probable time or period of timeduring which conception took place; and

(F) A statement of the specific reliefsought.

(b) If the initiating party is a man speci-fied in subsection (1)(d) of this section:

(A) The name of the mother of the childborn out of wedlock or the person pregnantwith a child who may be born out ofwedlock;

(B) The name of the mother’s spouse ifthe child is alleged to be a child born to amarried and a man other than the mother’sspouse;

(C) A statement that the initiating partyis the father of the child and accepts thesame responsibility for the support and edu-cation of the child and for all pregnancy-related expenses that he would have if thechild were born to him in lawful wedlock;

(D) The probable time or period of timeduring which conception took place; and

(E) A statement of the specific reliefsought.

(3) When proceedings are initiated by theadministrator, as defined in ORS 25.010, the

state and the child’s mother and putative fa-ther are parties.

(4) When a proceeding is initiated underthis section and the child support rights ofone of the parties or of the child at issuehave been assigned to the state, a true copyof the petition shall be served by mail orpersonal delivery on the Administrator of theDivision of Child Support of the Departmentof Justice or on the branch office providingsupport services to the county in which thesuit is filed.

(5) A person whose parentage of a childhas been established under ORS 109.065 is anecessary party to proceedings initiated un-der this section unless the parentage hasbeen disestablished before the proceedingsare initiated. [1969 c.619 §1; 1971 c.191 §1; 1971 c.401§3; 1971 c.779 §79; 1973 c.823 §105; 1975 c.458 §15a; 1975c.640 §4a; 1979 c.90 §3; 1979 c.246 §5; 1983 c.762 §2; 1993c.596 §21; 2001 c.334 §6; 2003 c.73 §56; 2007 c.454 §4; 2017c.651 §52]

109.130 [Amended by 1967 c.534 §15; repealed by1969 c.619 §15]

109.133 [1989 c.479 §2; renumbered 109.672 in 1991]

109.135 Circuit court jurisdiction; eq-uity action; place of commencement. (1)All filiation proceedings shall be commencedin the circuit court and shall for all purposesbe deemed actions in equity. Unless other-wise specifically provided by statute, theproceedings shall be conducted pursuant tothe Oregon Rules of Civil Procedure.

(2) All filiation proceedings shall becommenced and tried in the county whereeither 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; 1983c.762 §3; 1999 c.80 §22; 2013 c.1 §5; 2013 c.126 §3]

109.140 [Amended by 1959 c.638 §10; repealed by1969 c.619 §15]

109.145 Court may proceed despitefailure to appear; evidence required. If arespondent fails to answer or fails to appearat trial, the court shall have the power toproceed accordingly. In such case, the courtmay make a determination of parentage andmay impose such obligations on the respond-ent as it deems reasonable. In all such casescorroborating evidence in addition to thetestimony of the parent or expectant parentshall be required to establish parentage andthe court may, in its discretion, order suchinvestigation or the production of such evi-dence as it deems appropriate to establish aproper basis for relief. The testimony of theparent or expectant parent and the corrob-orating evidence may be presented by affida-vit. [1969 c.619 §4; 1975 c.640 §14; 1983 c.762 §4; 2017c.651 §23]

109.150 [Amended by 1961 c.338 §2; 1967 c.534 §16;repealed by 1969 c.619 §15]

109.153 [1973 c.827 §12g; 1981 c.669 §3; repealed by1983 c.762 §10]



109.155 Hearing; order for payment forsupport of child and other costs; policyregarding settlement; enforcement ofsettlement terms; remedies. (1) The court,in a private hearing, shall first determine theissue of parentage. If the respondent admitsthe parentage, the admission shall be re-duced to writing, verified by the respondentand filed with the court. If the parentage isdenied, corroborating evidence, in addition tothe testimony of the parent or expectantparent, shall be required.

(2) If the court finds, from a preponder-ance of the evidence, that the petitioner orthe respondent is the father of the child whohas been, or who may be born out ofwedlock, the court shall then proceed to adetermination of the appropriate relief to begranted. The court may approve any settle-ment agreement reached between the partiesand incorporate the agreement into anyjudgment rendered, and the court may ordersuch investigation or the production of suchevidence as the court deems appropriate toestablish a proper basis for relief.

(3) The court, in its discretion, may post-pone the hearing from time to time to facili-tate any investigation or the production ofsuch evidence as it deems appropriate.

(4) The court may order either parent topay such sum as the court deems appropriatefor the past and future support and mainte-nance of the child during the child’s minorityand while the child is attending school, asdefined in ORS 107.108, and the reasonableand necessary expenses incurred or to be in-curred in connection with prenatal care, ex-penses attendant with the birth andpostnatal care. The court may grant the pre-vailing party reasonable costs of suit, whichmay include expert witness fees, and reason-able attorney fees at trial and on appeal. Theprovisions of ORS 107.108 apply to an orderentered under this section for the support ofa child attending school.

(5) An affidavit certifying the authentic-ity of documents substantiating expenses setforth in subsection (4) of this section isprima facie evidence to establish the authen-ticity of the 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 thissubsection to the fullest extent possible, ex-cept when to do so would violate the law orwould clearly contravene public policy.

(b) In a proceeding under this section,the court may enforce the terms set forth ina stipulated judgment of parentage signed bythe parties, a judgment of parentage result-

ing from a settlement on the record or ajudgment of parentage incorporating asettlement agreement:

(A) As contract terms using contractremedies;

(B) By imposing any remedy available toenforce a judgment, including but not limitedto contempt; or

(C) By any combination of the provisionsof subparagraphs (A) and (B) of this para-graph.

(c) A party may seek to enforce anagreement and obtain remedies described inparagraph (b) of this subsection by filing amotion, serving notice on the other party inthe manner provided by ORCP 7 and, if aremedy under paragraph (b)(B) of this sub-section is sought, complying with the statu-tory requirements for that remedy. All claimsfor relief arising out of the same acts oromissions must be joined in the same pro-ceeding.

(d) Nothing in paragraph (b) or (c) of thissubsection limits a party’s ability, in a sepa-rate proceeding, to file a motion to set aside,alter or modify a judgment under ORS109.165 or to seek enforcement of an ancil-lary agreement to the judgment.

(7) If parentage between a person and achild has been established under ORS 109.065and the parentage has not been disestab-lished before proceedings are initiated underORS 109.125, the court may not render ajudgment under ORS 109.124 to 109.230 es-tablishing parentage between another personand the child unless the judgment also dis-establishes the parentage established underORS 109.065. [1969 c.619 §5; 1971 c.137 §1; 1971 c.191§3; 1973 c.827 §12h; 1975 c.640 §15; 1981 c.897 §33; 1983c.762 §5; 1989 c.417 §2; 1997 c.704 §57; 1999 c.80 §23; 2001c.203 §6; 2003 c.576 §140; 2007 c.454 §5; 2017 c.651 §24]

109.160 [Repealed by 1969 c.619 §15]

109.165 Vacation or modification ofjudgment; policy regarding settlement;enforcement of settlement terms; reme-dies. (1) Upon motion of either party, thecourt may set aside, alter or modify any por-tion of the judgment that provides for thesupport of the minor child or child attendingschool, as defined in ORS 107.108. As to anyinstallment or payment of money that hasaccrued up to the time the nonmoving party,other than the state, is served with a motionto set aside, alter or modify the judgment,the judgment is final and the court may notchange it. However, the court may allow acredit against child support arrearages forperiods of time, excluding reasonable parent-ing time unless otherwise provided by orderor judgment, during which the obligor, withthe knowledge and consent of the obligee orpursuant to court order, has physical custody



of the child. A child attending school is aparty for purposes of this section.

(2) The moving party shall state in themotion, to the extent known:

(a) Whether there is pending in this stateor any other jurisdiction any type of supportproceeding involving the child, including aproceeding brought under ORS 25.287,109.100, 125.025, 416.400 to 416.465, 419B.400or 419C.590 or ORS chapter 110; and

(b) Whether there exists in this state orany other jurisdiction a support order, asdefined in ORS 110.503, involving the child,other than the judgment the party is movingto set aside, alter or modify.

(3) The moving party shall include withthe motion a certificate regarding any pend-ing support proceeding and any existing sup-port order other than the judgment the partyis moving to set aside, alter or modify. Theparty shall use a certificate that is in a formestablished by court rule and include infor-mation 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 thissubsection to the fullest extent possible, ex-cept when to do so would violate the law orwould clearly contravene public policy.

(b) In a proceeding under subsection (1)of this section, the court may enforce theterms set forth in a stipulated order or judg-ment signed by the parties, an order orjudgment resulting from a settlement on therecord or an order or judgment incorporatinga settlement agreement:

(A) As contract terms using contractremedies;

(B) By imposing any remedy available toenforce an order or judgment, including butnot limited to contempt; or

(C) By any combination of the provisionsof subparagraphs (A) and (B) of this para-graph.

(c) A party may seek to enforce anagreement and obtain remedies described inparagraph (b) of this subsection by filing amotion, serving notice on the other party inthe manner provided by ORCP 7 and, if aremedy under paragraph (b)(B) of this sub-section is sought, complying with the statu-tory requirements for that remedy. All claimsfor relief arising out of the same acts oromissions must be joined in the same pro-ceeding.

(d) Nothing in paragraph (b) or (c) of thissubsection limits a party’s ability, in a sepa-

rate proceeding, to file a motion to modifyan order or judgment under subsection (1) ofthis section or to seek enforcement of anancillary agreement to the order or judg-ment. [1969 c.619 §6; 1973 c.827 §12i; 1989 c.812 §8; 1997c.704 §58; 1997 c.707 §22; 2001 c.203 §8; 2003 c.116 §10;2003 c.419 §3; 2003 c.576 §141; 2015 c.298 §95]

109.170 [Repealed by 1969 c.619 §15]

109.175 Determination of legal custodyafter parentage established. (1) If parent-age of a child born out of wedlock is estab-lished pursuant to a petition filed under ORS109.125 or an order or judgment entered pur-suant to ORS 109.124 to 109.230 or ORS416.400 to 416.465, or if parentage is estab-lished by the filing of a voluntary acknowl-edgment of paternity as provided by ORS109.065 (1)(e), the parent with physical cus-tody at the time of filing of the petition orthe notice under ORS 416.415, or the parentwith physical custody at the time of the fil-ing of the voluntary acknowledgment ofpaternity, has sole legal custody until a courtspecifically orders otherwise. The first timethe court determines who should have legalcustody, neither parent shall have the burdenof proving a change of circumstances. Thecourt shall give primary consideration to thebest interests and welfare of the child andshall consider all the standards set out inORS 107.137.

(2) In any proceeding under this section,the court may cause an investigation, exam-ination or evaluation to be made under ORS107.425 or may appoint an individual or apanel or may designate a program to assistthe court in creating parenting plans or re-solving disputes regarding parenting timeand to assist parents in creating and imple-menting parenting plans under ORS 107.425(3). [1983 c.761 §11; 1985 c.671 §42; 1995 c.608 §4; 1999c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160 §§15,21;2017 c.651 §25]

109.180 [Repealed by 1969 c.619 §15]109.190 [Amended by 1961 c.338 §3; repealed by 1969

c.619 §15]109.200 [Amended by 1961 c.338 §4; repealed by 1969

c.619 §15]109.210 [Repealed by 1969 c.619 §15]109.220 [Amended by 1961 c.338 §5; 1969 c.619 §12;

repealed by 1979 c.87 §1]

109.225 Notice to Center for HealthStatistics after petition filed; filing no-tice. (1) After filing the petition, the peti-tioner shall cause the Center for HealthStatistics of the Oregon Health Authority tobe served by mail with a notice setting forththe court in which the petition was filed, thedate of the filing therein, the case number,the full name and address of the child, thedate and place of the child’s birth, or if thechild is not yet born, the date and place ofthe child’s conception and the probable dateof the child’s birth, the full names and ad-



dresses of the child’s alleged parents, and thenames and addresses of the petitioner and ofthe respondents in the proceedings.

(2) The Center for Health Statistics shallfile immediately the notice, or a copythereof, with the record of the birth of thechild or in the same manner as its filing ofrecords of birth if the center does not havea record of the birth. The center shall onlyprovide the information contained in the no-tice to persons whose names appear in thenotice or to persons or agencies showing alegitimate interest in the parent-child re-lationship including, but not limited to, par-ties to adoption, juvenile court or heirshipproceedings. [1975 c.640 §5; 1983 c.709 §40; 1983 c.762§6; 1991 c.484 §1; 2009 c.595 §69]

109.230 Legality of contract betweenmother and father of child born out ofwedlock. Any contract between the motherand father of a child born out of wedlock isa legal contract, and the admission by thefather of his fatherhood of the child is suffi-cient consideration to support the contract.[Amended by 1961 c.338 §6]

109.231 Records open to public. Re-cords of filiation proceedings filed in circuitcourt shall be open for inspection by anyperson without order of the court. [1993 c.138§2]


109.235 [1975 c.640 §12; renumbered 109.308 in 2001]

109.237 Attorney fees. In any proceed-ing brought to modify or compel compliancewith an order of the court issued under ORS109.124 to 109.230, the court may renderjudgment awarding to a party, or directly tothe party’s attorney, a sum of money deter-mined to be reasonable as an attorney feeand costs and expenses of suit, which judg-ment may include expert witness fees, inpreparation for and at trial and on appeal.[1989 c.417 §1]


ASSISTED REPRODUCTION109.239 Rights and obligations of chil-

dren resulting from assisted reproduc-tion; rights and obligations of donor ofsemen. (1) As used in ORS 109.239 to109.247, “assisted reproduction” means amethod of causing pregnancy other than sex-ual intercourse. “Assisted reproduction” in-cludes, but is not limited to:

(a) Artificial insemination as defined inORS 677.355;

(b) Donation of eggs;(c) Donation of embryos;(d) In vitro fertilization and transfer of

embryos; or(e) Intracytoplasmic sperm injection.(2) If the donor of gametes used in as-

sisted reproduction is not the mother’sspouse:

(a) The donor shall have no right, obli-gation or interest with respect to any childconceived as a result of the assisted repro-duction; and

(b) Any child conceived as a result of theassisted reproduction shall have no right,obligation or interest with respect to the do-nor. [1977 c.686 §5; 2017 c.651 §4]

Note: 109.239 to 109.247 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 109 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

109.243 Relationship of child resultingfrom assisted reproduction to mother’sspouse. The relationship, rights and obli-gation between a child conceived as a resultof assisted reproduction and the mother’sspouse shall be the same to all legal intentsand purposes as if the child had been na-turally and legitimately conceived by themother and the mother’s spouse if the spouseconsented to the performance of assisted re-production. [1977 c.686 §6; 2017 c.651 §5]

Note: See note under 109.239.

109.247 Application of law to childrenresulting from assisted reproduction. Ex-cept as may be otherwise provided by a judi-cial decree entered in any action filed beforeOctober 4, 1977, the provisions of ORS109.239 to 109.247, 677.355 to 677.365 and677.990 (3) apply to all persons conceived asa result of assisted reproduction. [1977 c.686§7; 2017 c.651 §6]


UNIFORM ACT ON BLOOD TESTS TO DETERMINE PATERNITY

109.250 Short title. ORS 109.250 to109.262 may be cited as the Uniform Act onBlood Tests to Determine Paternity. [1953 c.628§7]

109.251 “Blood tests” defined. As usedin ORS 109.250 to 109.262, “blood tests” in-cludes any test for genetic markers to deter-mine parentage of a type generallyacknowledged as reliable by accreditationbodies designated by the Oregon Health Au-thority in compliance with the United StatesSecretary of Health and Human Services,and performed by a laboratory approved bysuch accreditation body. “Blood tests” in-cludes but is not limited to the HumanLeucocyte Antigen Test, the deoxyribonu-



cleic acid test and any test that extracts ge-netic material from any human tissue. [1981c.401 §2; 1995 c.608 §5; 1999 c.80 §24; 2009 c.595 §70; 2017c.651 §26]

109.252 Authority for blood test; effectof refusal to submit to test; payment fortest. (1) Unless the court or administratorfinds good cause not to proceed in a pro-ceeding under ORS 109.125 to 109.230 and416.400 to 416.465, in which parentage is arelevant fact, the court or administrator, asdefined in ORS 25.010, upon the court’s oradministrator’s own initiative or upon sug-gestion made by or on behalf of any personwhose blood is involved may, or upon motionof any party to the action made at a time soas not to delay the proceedings unduly shall,order the mother, child, alleged father andany other named respondent who may be thefather to submit to blood tests. If any personrefuses to submit to such tests, the court oradministrator may resolve the question ofparentage against such person or enforce thecourt’s or administrator’s order if the rightsof others and the interests of justice so re-quire.

(2) When child support enforcement ser-vices are being provided under ORS 25.080,the Child Support Program shall pay anycosts for blood tests subject to recovery fromthe party who requested the tests. If the ori-ginal test result is contested prior to theentry of an order establishing parentage, thecourt or administrator shall order additionaltesting upon request and advance paymentby 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; 2007 c.71 §28; 2017 c.651 §27]

109.254 Selection of experts to maketests; admissible evidence. (1) The testsshall be made by experts qualified as exam-iners of genetic markers who shall be ap-pointed by the court or administrator, asdefined in ORS 25.010. Any party or personat whose suggestion the tests have been or-dered may demand that other experts, quali-fied as examiners of genetic markers,perform independent tests under order of thecourt or administrator, the results of whichmay be offered in evidence. The number andqualifications of such experts shall be deter-mined by the court or administrator.

(2) The blood test results and the con-clusions and explanations of the blood testexperts are admissible as evidence of parent-age without the need for foundation testi-mony or other proof of authenticity oraccuracy, unless a written challenge to thetesting procedure or the results of the bloodtest has been filed with the court and deliv-ered to opposing counsel at least 10 days be-fore any hearing set to determine the issueof parentage. Failure to make such timelychallenge constitutes a waiver of the right to

have the experts appear in person and is notgrounds for a continuance of the hearing todetermine parentage. A copy of the results,conclusions and explanations must be fur-nished to both parties or their counsel atleast 20 days before the date of the hearingfor this subsection to apply. The court forgood cause or the parties may waive the timelimits established by this subsection.

(3) An affidavit documenting the chainof custody of the specimens is prima facieevidence 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; 2017 c.651 §28]

109.256 Compensation of experts. (1)The compensation of each expert witness ap-pointed by the court or administrator shallbe fixed at a reasonable amount. It shall bepaid as the court or administrator shall or-der. The court or administrator may orderthat the costs of blood tests be paid by theparties in such proportions and at such timesas it shall prescribe, or that the proportionof any party be paid by the county in whichthe proceedings are had, and that, after pay-ment by the parties or such county or both,all or part or none of it be taxed as costs inthe action.

(2) The fee of an expert witness called bya party but not appointed by the court oradministrator shall be paid by the party call-ing the witness but shall not be taxed ascosts in the action. [1953 c.628 §3; 1983 c.762 §8;1985 c.671 §44a]

109.258 Effect of test results. Adisputable presumption of paternity is cre-ated if one or more blood tests result in acumulative paternity index of 99 or greater.If the court or administrator finds that theconclusions of all the experts, as disclosedby the evidence based upon the tests, arethat the alleged father is not the father ofthe child, the question of paternity shall beresolved accordingly. If the experts disagreein their findings or conclusions, the questionshall be submitted upon all the evidence.[1953 c.628 §4; 1985 c.671 §44b; 1999 c.80 §27]

109.259 Temporary child supportpending determination of parentage. Not-withstanding the objections of a party to anorder that seeks to establish parentage, if theblood tests conducted under ORS 109.250 to109.262 result in a cumulative paternity in-dex of 99 or greater, the evidence of theblood tests together with the testimony of aparent is a sufficient basis upon which topresume paternity for establishing temporarysupport. Upon the motion of a party, thecourt shall enter a temporary order requiringthe alleged father to provide support pendingthe determination of parentage by the court.In determining the amount of support, thecourt shall use the formula established under



ORS 25.275. [1997 c.746 §24b; 1999 c.80 §88; 2017 c.651§29]


109.260 Applicability to criminal ac-tions for nonsupport. ORS 109.250 to109.262 apply to criminal cases for nonsup-port under ORS 163.555 subject to the fol-lowing limitations and provisions:

(1) An order for the tests shall be madeonly upon application of a party or on thecourt’s initiative.

(2) The compensation of the experts shallbe paid by the county in which the pro-ceedings are had under order of court.

(3) The court may direct a verdict of ac-quittal upon the conclusions of all the ex-perts under the provisions of ORS 109.258,otherwise the case shall be submitted for de-termination upon all evidence. [1953 c.628 §5;2011 c.259 §1]

109.262 Uniformity of interpretation.The Uniform Act on Blood Tests to Deter-mine Paternity shall be so interpreted andconstrued as to effectuate its general purposeto make uniform the law of those stateswhich enact it. [1953 c.628 §6]

109.264 Parties. In any action underORS 109.250 to 109.262, the mother, the pu-tative father, if any, the alleged parent andthe state are parties. [1993 c.596 §23; 2017 c.651§30]

ADOPTION109.304 Definitions for ORS 109.305 to

109.410. As used in ORS 109.305 to 109.410,unless the context requires otherwise:

(1) “Home study” means a written reportdocumenting the result of an assessmentconducted by the Department of Human Ser-vices, a licensed adoption agency or otherpublic agency to evaluate the suitability of aprospective adoptive parent or parents toadopt.

(2) “Placement report” means a writtenreport prepared by the department or by anOregon licensed adoption agency after thepetition for adoption has been filed that in-cludes the department’s or the agency’s rec-ommendation to the court concerningwhether the court should grant the petitionfor adoption based upon the department’s orthe agency’s evaluation of:

(a) The status and adjustment of thechild; and

(b) The status and adjustment of thechild’s prospective adoptive parent.

(3) “Records, papers and files” means alldocuments, writings, information, exhibitsand other filings retained in the court’s re-cord of an adoption case pursuant to ORS109.319, and includes but is not limited to theAdoption Summary and Segregated Informa-tion Statement described in ORS 109.317, andexhibits attached to the statement, the peti-tion and exhibits attached to the petitionpursuant to ORS 109.315, and any other mo-tion, judgment, document, writing, informa-tion, exhibit or filing retained in the court’srecord of the adoption case. [1993 c.717 §8; 2013c.346 §1]

109.305 Interpretation of adoptionlaws; agreement for continuing contact.(1) The rule that statutes in derogation ofcommon law are to be strictly construed doesnot apply to the adoption laws of this state.

(2) An adoptive parent and a birth parentmay enter into a written agreement, ap-proved by the court, to permit continuingcontact between the birth relatives and thechild or adoptive parents.

(3) If the child is within the jurisdictionof the juvenile court under ORS 419B.100, anadoptive parent and a birth relative may en-ter into a written agreement, approved bythe court, to permit continuing contact be-tween the birth relatives and the child oradoptive parents. A birth relative that entersinto an agreement under this subsectionmust have established emotional ties creat-ing an ongoing personal relationship, as de-fined in ORS 109.119, with the child. If thechild is under one year of age, the ongoingpersonal relationship between the birth rela-tive and the child must have continued forat least half of the child’s life.

(4) If the child is 14 years of age or older,an agreement made under this section maynot be entered into without the consent ofthe child.

(5) As used in this section, “birthrelative” includes a birth parent, grandpar-ent, sibling and other member of the child’sbirth family.

(6) The court may show approval of anagreement made under this section by incor-porating the agreement by reference and in-dicating the court’s approval of theagreement in the adoption judgment.

(7) Failure to comply with the terms ofan agreement made under this section is notgrounds for setting aside an adoption judg-ment or revocation of a written consent toan adoption.

(8)(a) An agreement made under this sec-tion may be enforced by a civil action. How-ever, before a court may enter an orderrequiring compliance with the agreement,the court must find that the party seeking



enforcement participated, or attempted toparticipate, in good faith in mediating thedispute giving rise to the action prior to fil-ing the civil action.

(b) The court may modify an agreementmade under this section if the court findsthat the modification is necessary to servethe best interests of the adopted child, thatthe party seeking modification participated,or attempted to participate, in good faith inmediation prior to seeking modification ofthe agreement and that:

(A) The modification is agreed to by allparties to the original agreement; or

(B) Exceptional circumstances havearisen since the parties entered into theagreement that justify modification of theagreement.

(9) The Department of Human Services isnot responsible for any costs associated withan agreement described in subsection (3) ofthis section. [1957 c.710 §15; subsections (2), (3) and(4) of 1993 Edition enacted as 1993 c.401 §1; 2003 c.576§142; 2007 c.720 §1]

Note: 109.305 (7) and (8) were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 109 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

109.306 Rules regarding home studiesand placement reports. (1) Rules adoptedby the Department of Human Services forhome studies and placement reports underORS 109.309 (7) and (8) must, at a minimum,require the department to:

(a) Consider each prospective adoptiveparent on the basis of the prospective adop-tive parent’s ability to meet the individualneeds of the child for safety, attachment andwell-being;

(b) Safeguard a child’s rights under ORS419B.090 (3) by considering a child’s relativesand current caretaker as having equal statusand priority as prospective adoptive parentsin the consideration of each of the relative’sand current caretaker’s respective abilitiesto meet the child’s individual needs forsafety, attachment and well-being; and

(c) Give a child’s relatives and currentcaretaker a greater weight in the consider-ation of suitability as prospective adoptiveparents as compared to the department’sconsideration of other persons seeking toadopt a child who are not relatives or cur-rent caretakers.

(2) For purposes of this section, “currentcaretaker” has the meaning given that termin ORS 419A.004. [2015 c.795 §5]

Note: Section 12 (1), chapter 795, Oregon Laws2015, provides:

Sec. 12. (1) Section 5 of this 2015 Act [109.306] andthe amendments to ORS 109.309, 419A.004, 419B.090 and419B.395 by sections 1 to 4 of this 2015 Act apply to:

(a) Children and wards who are in the legal cus-tody of the Department of Human Services before, onor after the operative date specified in section 13 (1) ofthis 2015 Act [September 1, 2015]; and

(b) Children and wards for whom placement deci-sions are made on or after the operative date specifiedin section 13 (1) of this 2015 Act. [2015 c.795 §12(1)]


109.307 Court required to act withinsix months of filing of petition for adop-tion; duty of clerk. (1) Not earlier thanprovided in ORS 109.309 and not later thansix months from the date on which the peti-tion for leave to adopt another is filed underORS 109.309, the court before which the pe-tition is pending shall hold a hearing andshall:

(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 ju-

risdiction under ORS 419B.100 or 419C.005;or

(d) Take such other action as the courtconsiders necessary.

(2) The court before which the petition ispending, on its own motion, may take testi-mony from or confer with the child to beadopted and may exclude from the confer-ence the parents or guardians of the child,the proposed adoptive parents and other per-sons if the court finds that such action wouldbe likely to be in the best interests of thechild. However, the court shall permit an at-torney for each party to attend the confer-ence, and the conference shall be reported.

(3) The clerk of the court before whichpetitions for leave to adopt another arepending shall periodically notify the courtand the Department of Human Services of allsuch petitions which have been pending be-fore the court for more than six monthswithout final disposition pursuant to subsec-tion (1) of this section.

(4) The clerk of the court before which apetition is filed for leave to adopt a minorchild shall provide to the Director of HumanServices a copy of the court’s order of dispo-sition 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]

109.308 Confidentiality of petitioners.In an adoption proceeding that is contestedor in which a summons is required to beserved, the court may preserve the confiden-tiality of the names and addresses of the pe-titioners for the adoption if the court findsthat to do so is in the best interests of thechild. [Formerly 109.235; 2005 c.369 §2]



109.309 Petition for adoption; resi-dency and jurisdictional requirements;venue; home study; placement report;fee; rules; filing requirements for entryof judgment. (1) Any person may petitionthe circuit court for leave to adopt anotherperson and, if desired, for a change of theother person’s name. Except as provided inORS 419B.529, a separate petition must befiled for each person for whom leave to adoptis sought.

(2) One petitioner, the child, one parentor the person, who is not an adoptionagency, consenting to the adoption as re-quired under ORS 109.321 (1) must be a resi-dent of this state. As used in this subsection,“resident” means a person who has residedin this state continuously for a period of sixmonths prior to the date of the petition.

(3) Except as provided in subsection (4)of this section, when the petition is for theadoption of a minor child, the adoption isgoverned by the Uniform Child Custody Ju-risdiction and Enforcement Act, ORS 109.701to 109.834.

(4)(a) Notwithstanding ORS 109.741 and109.744, a court of this state has jurisdictionover the adoption of a minor child if, imme-diately prior to the filing of a petition foradoption:

(A) The minor child resided in this statefor at least six consecutive months includingperiods of temporary absence;

(B) One parent or another person, who isnot an adoption agency, consenting to theadoption as required under ORS 109.321 (1)resided in this state for at least six consec-utive months including periods of temporaryabsence;

(C) The prospective adoptive parent re-sided in this state for at least six consecutivemonths including periods of temporary ab-sence and substantial evidence is available inthis state concerning the present or futurecare of the minor child;

(D) It appears that no court of anotherstate would have jurisdiction under circum-stances substantially in accordance withsubparagraphs (A) to (C) of this paragraph;or

(E) A court of another state has declinedto exercise jurisdiction on the grounds thatthis state is a more appropriate forum tohear a petition for adoption of the minorchild and it is in the best interests of theminor child that a court of this state assumejurisdiction.

(b) As used in paragraph (a) of this sub-section, “periods of temporary absence”means periods of absence of not more than atotal of 30 days in the prior six consecutivemonths.

(5) In a petition to adopt a minor child,venue lies in the Oregon county with whichthe child has the most significant connectionor in the Oregon county in which the li-censed adoption agency is located.

(6) A petition for adoption of a minorchild must comply with the requirements,and be served in the manner, described inORS 109.315.

(7)(a) In a proceeding for the adoption ofa minor child, a current home study must beapproved by either the Department of HumanServices or an Oregon licensed adoptionagency for the purpose of demonstrating thatthe petitioner meets the minimum standardsfor adoptive homes as set forth in thedepartment’s administrative rules.

(b) The department, upon request by thepetitioner, may waive the home study re-quirement in an adoption proceeding inwhich one of the child’s biological parentsor adoptive parents retains parental rights,or when a relative who qualifies under thedepartment’s administrative rules for awaiver of the home study requirement is theprospective adoptive parent.

(c) The department shall, subject to ORS109.306, adopt rules to implement the pro-visions of this subsection.

(8)(a) Within 90 days after service uponthe Director of Human Services as requiredunder ORS 109.315, the Department of Hu-man Services shall investigate and file forthe consideration of the judge before whomthe petition for adoption is pending a place-ment report containing information regard-ing the status of the child and evidenceconcerning the suitability of the proposedadoption. The department may designate anOregon licensed adoption agency to investi-gate and report to the court. If the depart-ment designates an Oregon licensed adoptionagency to investigate and report to the court,the department shall make the designationand provide all necessary information andmaterials to the Oregon licensed adoptionagency no later than 30 days after the ser-vice on the director and upon receipt of allrequired documentation and fees. The de-partment may waive the placement reportrequirement under this subsection but shallwaive the placement report requirement inan adoption proceeding in which one of thechild’s biological parents or adoptive parentsretains parental rights.

(b) Upon receipt of a written request bythe petitioner or the petitioner’s attorney,the department shall furnish to the petitioneror the petitioner’s attorney copies of any in-formation that the department has filed withthe court.



(c) Information gathered by the depart-ment or by an Oregon licensed adoptionagency during the preparation of the place-ment report may include information con-cerning the child’s social, medical andgenetic history and the birth parent’s historyas may be required by ORS 109.321 or109.342.

(d) The court shall file and retain theplacement report filed under this subsectionin the same location in the records, papersand files in the court’s record of the adoptioncase as the petition and exhibits filed underORS 109.315 are located. The placement re-port must be segregated from the AdoptionSummary and Segregated Information State-ment and the exhibits submitted under ORS109.317.

(e) The department shall, subject to ORS109.306, adopt rules to implement the pro-visions of this subsection.

(9) The department may charge the peti-tioner a fee for investigating a proposednonagency adoption and preparing the homestudy required under subsection (7) of thissection and the placement report requiredunder subsection (8) of this section. The pe-titioner shall report the fee amount to thecourt. The court granting the adoption shallmake a finding as to whether the fee is nec-essary and reasonable. Any fee charged maynot exceed reasonable costs for investigation,home study and placement report prepara-tion. The department shall prescribe by rulethe procedure for computing the investi-gation, home study and placement reportpreparation fee. The rules shall provide awaiver of either part or all of the fee basedupon the petitioner’s ability to pay.

(10) The court may not rule upon a peti-tion for the adoption of a minor child untilat least 90 days after the date that the peti-tion and documents required to be served onthe Director of Human Services under ORS109.315 and 109.317 have been served uponthe director. The department may waive the90-day waiting period.

(11) The amounts of any fees collectedunder subsection (9) of this section are con-tinuously appropriated to the department foruse in preparing home studies and placementreports required under this section.

(12)(a) Except as provided in paragraph(b) of this subsection, a court may not granta judgment for the adoption of a minor childunless the petitioner has filed with the court:

(A) A petition, including exhibits at-tached to the petition, meeting the require-ments of ORS 109.315;

(B) Written evidence that a home studyhas been completed and approved, unlesswaived, under subsection (7) of this section;

(C) A placement report under subsection(8) of this section unless waived; and

(D) The Adoption Summary and Segre-gated Information Statement under ORS109.317, including exhibits attached to thestatement.

(b) A person is not required to file ahome study or a placement report with thecourt when the department has granted theperson a waiver under department rules.

(13) The adoption shall comply with theIndian Child Welfare Act (25 U.S.C. 1901 etseq.), if applicable. [1993 c.717 §2 (enacted in lieuof 109.310); 1993 c.717 §9; 1995 c.90 §3; 1995 c.730 §2; 1997c.470 §1; 1999 c.160 §2; 1999 c.649 §52; 2003 c.258 §1; 2003c.576 §144; 2005 c.475 §1; 2013 c.346 §2; 2015 c.511 §7; 2015c.795 §4]

Note: See first note under 109.306.

109.310 [Amended by 1953 c.368 §2; 1957 c.403 §5;1959 c.430 §3; 1963 c.188 §1; 1967 c.534 §17; 1969 c.441 §1;1971 c.401 §4; 1977 c.252 §1; 1983 c.302 §1; 1983 c.396 §1;1985 c.403 §3; 1991 c.249 §14; repealed by 1993 c.717 §1(109.309 enacted in lieu of 109.310)]

109.311 Financial disclosure statementto be filed with petition; placement reportrequired; exception; prohibited fees; ad-vertising. (1) Each adoption petition filedpursuant to ORS 109.309 seeking adoption ofa minor child shall be accompanied by awritten disclosure statement containing anitemized accounting of all moneys paid orestimated to be paid by the petitioner forfees, costs and expenses related to the adop-tion, including all legal, medical, living andtravel expenses. The form of the disclosurestatement shall be prescribed by the Depart-ment of Human Services after consultationwith approved Oregon licensed adoptionagencies.

(2) A court may not grant a judgment foran adoption of a minor child in the absenceof a placement report by the department oran Oregon licensed adoption agency unlessthe filing of such report has been waived bythe department. A court may not grant ajudgment for an adoption of a minor child inthe absence of a written disclosure statementas described in subsection (1) of this sectionor in the absence of a verified statement bythe petitioner that, to the best of thepetitioner’s knowledge, no charges, exceptthose reported in the disclosure statement,have been or will be paid in connection withthe adoption.

(3) A person may not charge, accept orpay or offer to charge, accept or pay a fee forlocating a minor child for adoption or for lo-cating another person to adopt a minor child,except that Oregon licensed adoption agen-cies licensed under ORS chapter 418 maycharge reasonable fees for services providedby them.



(4)(a) It is unlawful for any person to ad-vertise:

(A) A child offered or wanted for adop-tion; or

(B) That the person is able to place, lo-cate, dispose of or receive a child for adop-tion.

(b) The provisions of paragraph (a) of thissubsection do not apply to:

(A) The department or a licensed Oregonadoption agency or an agent, employee orperson with whom the department or adop-tion agency has a contract authorizing suchactions; or

(B) A person who has completed a homestudy as required by ORS 109.309 (7) and hasreceived a favorable recommendation regard-ing the fitness of the person to be an adop-tive parent or the person’s attorney oruncompensated agent. A written declarationby the person who prepared the home studyis sufficient verification of compliance withthis subparagraph. The person’s attorneymust be licensed to practice in Oregon.

(c) Nothing in this subsection prohibitsan attorney licensed to practice in Oregonfrom advertising the attorney’s availability toprovide services related to the adoption ofchildren.

(d) As used in this subsection, unless thecontext requires otherwise, “advertise”means to communicate by newspaper, radio,television, handbills, placards or other print,broadcast or electronic medium that origi-nates 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; 2013 c.346 §9]

109.312 [1957 c.710 §2 (109.312 to 109.329 enacted inlieu 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; 2013 c.346§10; renumbered 109.321 in 2013]

109.313 Application for home study byOregon resident. (1) The Department ofHuman Services shall accept and may ap-prove an application for a home study as de-fined in ORS 109.304 that is submitted by anOregon resident seeking to adopt a child inthe custody of:

(a) The department;(b) A public child welfare agency in an-

other state, following receipt of a requestfrom the agency in the other state under theInterstate Compact for the Placement ofChildren; or

(c) A public child welfare agency in an-other country, following receipt of an appro-priate request from the agency in the othercountry.

(2) The department shall also accept andmay approve an application for a home studyunder this section that is submitted by an

Oregon resident who is currently or has pre-viously been under study or consideration byanother public or private agency for place-ment of a child for adoption.

(3) An application submitted under thissection may be approved if the applicationmeets the requirements of the department asestablished by rule. [2011 c.120 §1]


109.314 [1957 c.710 §3 (109.312 to 109.329 enacted inlieu of 109.320); 2005 c.369 §4; renumbered 109.323 in2013]

109.315 Petition for adoption; requiredcontents, requests and exhibits in adop-tion petitions; confidentiality. (1) A peti-tion for adoption of a minor child must besigned by the petitioner and, unless stated inthe petition why the information or state-ment is omitted, must contain the following:

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

the state of the petitioner and informationsufficient to establish that the residency re-quirement of ORS 109.309 (2) has been met;

(c) The current marital or domestic part-nership status of the petitioner;

(d) An explanatory statement as to whythe petitioner is of sufficient ability to bringup the minor child and furnish suitablenurture and education sufficient for judg-ment to be entered under ORS 109.350;

(e) Information sufficient for the court toestablish that the petitioner has compliedwith the jurisdictional and venue require-ments of ORS 109.309 (4) and (5);

(f) The full name, gender and date andplace of birth of the minor child;

(g) The marital or domestic partnershipstatus of the biological mother at the timeof conception, at the date of birth and duringthe 300 days prior to the date of birth of theminor child;

(h) A statement that the minor child isnot an Indian child as defined in the IndianChild Welfare Act (25 U.S.C. 1901 et seq.) or,if the Indian Child Welfare Act applies:

(A) A statement of the efforts to notifythe appropriate Indian tribe or tribes of theadoption; and

(B) A statement of the efforts to complywith the placement preferences of the IndianChild Welfare Act or the placement prefer-ences of the appropriate Indian tribe;

(i) The name and relationship to the mi-nor child of any person who has executed awritten release or surrender of parentalrights or of rights of guardianship of the mi-



nor child as provided by ORS 418.270 and thedate of the release or surrender;

(j) The name and relationship to the mi-nor child of any person who has given writ-ten consent as required under ORS 109.321,and the date the consent was given;

(k) The name and relationship to the mi-nor child of any person or entity for whomthe written consent requirement under ORS109.321 is waived or not required as providedin ORS 109.322, 109.323, 109.324, 109.325,109.326 and 109.327 or whose written consentmay be substituted for the written consentrequirement under ORS 109.321 as providedin ORS 109.322, 109.323, 109.324, 109.325,109.326, 109.327, 109.328 and 109.329;

(L) The name and relationship to the mi-nor child of all persons who have signed andattested to:

(A) A written certificate of irrevocabilityand waiver as provided in ORS 109.321 (2);or

(B) A written certificate stating that arelease or surrender under ORS 418.270 (4)shall become irrevocable as soon as the childis placed for the purpose of adoption;

(m) A statement of the facts and circum-stances under which the petitioner obtainedphysical custody of the minor child, includ-ing date of placement with the petitioner foradoption and the name and relationship tothe minor child of the individual or entityplacing the minor child with the petitioner;

(n) The length of time that a minor childhas been in the physical custody of the peti-tioner and, if the minor child is not in thephysical custody of the petitioner, the reasonwhy, and the date and manner in which thepetitioner will obtain physical custody of theminor child;

(o) Whether a continuing contact agree-ment exists under ORS 109.305, includingnames of the parties to the agreement anddate of execution;

(p) A statement establishing that the re-quirements of ORS 109.353 regardingadvisement about the voluntary adoptionregistry and the registry’s services have beenmet;

(q) A statement establishing that the re-quirements of ORS 109.346 regarding noticeof right to counseling sessions have beenmet;

(r) A statement that the information re-quired by the Uniform Child Custody Juris-diction and Enforcement Act under ORS109.701 to 109.834 has been provided in theAdoption Summary and Segregated Informa-tion Statement under ORS 109.317;

(s) A statement that the Interstate Com-pact on the Placement of Children does or

does not apply and, if applicable, a statementof the efforts undertaken to comply with thecompact;

(t) Unless waived, a statement that acurrent home study was completed in com-pliance with ORS 109.309 (7); and

(u) A declaration made under penalty ofperjury that the petition, and the informationand statements contained in the petition, aretrue to the best of the petitioner’s knowledgeand belief and that the petitioner under-stands the petition, and information andstatements contained in the petition, may beused as evidence in court and are subject topenalty for perjury.

(2) A petition filed under ORS 109.309must, if applicable, request the following:

(a) Entry of a general judgment of adop-tion;

(b) That the petitioner be permitted toadopt the minor child as the child of the pe-titioner for all legal intents and purposes;

(c) A finding that the court has jurisdic-tion over the adoption proceeding, the par-ties and the minor child;

(d) With respect to the appropriate per-sons, the termination of parental rights or adetermination of nonparentage;

(e) Approval of a change to the minorchild’s name;

(f) A finding that a continuing contactagreement entered into under ORS 109.305 isin the best interests of the minor child andthat, if the minor child is 14 years of age orolder, the minor child has consented to theagreement, and that the court incorporatethe continuing contact agreement by refer-ence into the adoption judgment;

(g) That the court require preparation ofand certify a report of adoption as providedin ORS 432.223;

(h) That all records, papers and files inthe record of the adoption case be sealed asprovided under ORS 109.319; and

(i) Any other relief requested by the pe-titioner.

(3) A petition filed under ORS 109.309must, if applicable, have the following at-tached as exhibits:

(a) Any written release or surrender ofthe minor child for adoption, or a writtendisclaimer of parental rights;

(b) Any written consent to the adoption;(c) Any certificate of irrevocability and

waiver;(d) Any continuing contact agreement

under ORS 109.305;(e) The written disclosure statement re-

quired under ORS 109.311; and



(f) Any other supporting documentationnecessary to comply with the petition re-quirements in this section and ORS 109.309.

(4) The petition and documents filed asexhibits under subsection (3) of this sectionare confidential and may not be inspected orcopied except as provided under ORS 109.305to 109.410 and 109.425 to 109.507.

(5)(a) Within 30 days after being filedwith the court, the petitioner shall servecopies of the petition, the documents filed asexhibits under subsection (3) of this sectionand the Adoption Summary and SegregatedInformation Statement described in ORS109.317, including any amendments and ex-hibits attached to the statement, on the Di-rector of Human Services by eitherregistered or certified mail with return re-ceipt or personal service.

(b) In the case of an adoption in whichone of the child’s parents retains parentalrights as established under ORS 109.065, thepetitioner shall also serve the petition by ei-ther registered or certified mail with returnreceipt or personal service:

(A) On all persons whose consent to theadoption is required under ORS 109.321 un-less the person’s written consent is filed withthe court; and

(B) On the parents of the party whoseparental rights would be terminated, if thenames and addresses are known or may bereadily ascertained by the petitioner.

(c) When a parent of the child is de-ceased or incapacitated, the petitioner shallalso serve the petition on the parents of thedeceased or incapacitated parent, if thenames and addresses are known or may bereadily ascertained by the petitioner. As usedin this paragraph:

(A) “Incapacitated” means a condition inwhich a person’s ability to receive and eval-uate information effectively or to communi-cate decisions is impaired to such an extentthat the person lacks the capacity to meetthe essential requirements for the person’sphysical health or safety.

(B) “Meet the essential requirements forthe person’s physical health or safety” meansthose actions necessary to provide healthcare, food, shelter, clothing, personal hygieneand other care without which serious phys-ical injury or illness is likely to occur.

(d) Service required by this subsectionmay be waived by the court for good cause.[2013 c.346 §4; 2015 c.511 §1; 2017 c.651 §31]

109.316 [1957 c.710 §4 (109.312 to 109.329 enacted inlieu of 109.320); 1971 c.401 §5; 1987 c.466 §3; 1995 c.664§82; 2005 c.22 §86; renumbered 109.325 in 2013]

109.317 Adoption Summary and Seg-regated Information Statement; exhibits;confidentiality. (1) An Adoption Summaryand Segregated Information Statement mustbe filed concurrently with every petition foradoption of a minor child filed under ORS109.309. The statement must summarize in-formation in the adoption proceeding and in-clude additional information and attachedexhibits as required under this section. Thestatement must contain, at a minimum, thefollowing information if known or readily as-certainable by the petitioner:

(a) The full name, permanent address andtelephone number of each petitioner;

(b) The current full name, the proposedadoptive name and the date and place ofbirth of the minor child;

(c) The names, permanent addresses andtelephone numbers of any person whose con-sent to the adoption is required under ORS109.321;

(d) The name and relationship to the mi-nor child and address of any person or entityfor whom the written consent requirementunder ORS 109.321 is waived or not requiredas provided in ORS 109.322, 109.323, 109.324,109.325, 109.326 and 109.327 or whose writtenconsent may be substituted for the writtenconsent requirement under ORS 109.321 asprovided in ORS 109.322, 109.323, 109.324,109.325, 109.326, 109.327, 109.328 and 109.329;

(e) The information required by the Uni-form Child Custody Jurisdiction and En-forcement Act under ORS 109.701 to 109.834except that, when the Department of HumanServices or an approved child-caring agencyof this or any other state has placed a minorchild with a foster parent, the informationrequired under this paragraph regarding theminor child’s address, whereabouts or placesthe minor child has lived during the past fiveyears, as required under ORS 107.767, is lim-ited to the fact that the minor child wasplaced with a foster parent and the countyand state of the location of the foster careplacement, and disclosure of the fosterparent’s name and address is specifically ex-empted from the requirements of this para-graph;

(f) The name, address and telephonenumber of any adoption agency that will beconsenting, or has consented, to the adop-tion;

(g) The name, bar number and contactinformation for any attorney representing apetitioner or a person whose consent to theadoption is required under ORS 109.321; and

(h) An indication of the type of adoptionproceeding as follows:

(A) Private agency adoption, whether do-mestic or international;



(B) Nonrelated independent adoption;(C) Readoption of a minor child adopted

in a foreign nation under ORS 109.385;(D) Relative independent adoption;(E) Stepparent independent adoption;(F) An independent adoption involving

one petitioner who retains parental rights;(G) Out-of-state public agency adoption;(H) An adoption in which the Depart-

ment of Human Services gives consent underORS 109.325; or

(I) Any other specified adoption.(2) An Adoption Summary and Segre-

gated Information Statement must, if appli-cable, have the following attached asexhibits:

(a) A home study or written evidencethat a home study has been approved as re-quired by ORS 109.309, unless waived;

(b) A report of adoption on a form pre-scribed and furnished by the State Registrarof the Center for Health Statistics as re-quired under ORS 432.223; and

(c) A medical history of the minor childand of the biological parents as required un-der ORS 109.342.

(3) A waiver of the home study require-ment may be substituted for the requirementunder subsection (2)(a) of this section.

(4) The petitioner has a continuing dutyto inform the court of any change to the in-formation required under this section orwhen information that was not previouslyknown or ascertainable becomes known orascertainable.

(5) The Adoption Summary and Segre-gated Information Statement and the exhibitssubmitted under subsection (2) of this sectionare confidential and may not be inspected orcopied except as otherwise provided underORS 109.305 to 109.410 or 109.425 to 109.507.The Adoption Summary and Segregated In-formation Statement and the exhibits sub-mitted under this section must be segregatedin the record of the adoption case from otherrecords, papers and files in the record of theadoption case. [2013 c.346 §5; 2015 c.511 §2]

109.318 [1957 c.710 §5 (109.312 to 109.329 enacted inlieu of 109.320); 1973 c.823 §107; 2005 c.22 §87; renum-bered 109.327 in 2013]

109.319 Separate record of the case;sealing of adoption records; inspection,copying and disclosure; fees. (1) The clerkor court administrator of any court havingjurisdiction over adoption proceedings shallkeep a separate record of the case for eachadoption proceeding filed with the court.Adoption proceedings shall not be enteredupon the general records of the court.

(2) The clerk, court administrator andany other person having custody of the re-cords, papers and files in the court’s recordof an adoption case shall cause the records,papers and files, both prior to entry of judg-ment and after entry of judgment of adop-tion, to be sealed. The clerk, courtadministrator and any other person havingcustody of the records, papers and files shallnot unseal or allow inspection or copying ofor disclose any information in the records,papers and files to any person or entity, ex-cept as provided in this section or pursuantto ORS 109.305 to 109.410 or 109.425 to109.507.

(3) Prior to entry of judgment in anadoption proceeding, and after entry of judg-ment in an adoption proceeding but prior tothe minor child who is the subject of theadoption proceeding attaining 18 years ofage, the following may inspect and copysealed records, papers and files that aremaintained in the court’s record of an adop-tion case without a court order:

(a) Presiding judges and judges of thecourt operating under the Judicial Depart-ment, and court staff or other persons oper-ating under the direction of the presidingjudges or judges;

(b) Petitioners and their attorneys of re-cord; and

(c) The Department of Human Services.(4) After entry of judgment in an adop-

tion proceeding and after the minor childwho is the subject of the adoption proceedinghas attained 18 years of age, the followingmay inspect and copy sealed records, papersand files that are maintained in the court’srecord of the adoption case without a courtorder:

(a) Judges of the court operating underthe Judicial Department and court staff orother persons operating under the directionof the judges;

(b) The person who was the minor childin the adoption proceeding, except that theperson who was the minor child in the adop-tion proceeding may not inspect or copy thehome study approved under ORS 109.309 (7)except pursuant to a court order and withgood cause;

(c) Petitioners and their attorneys of re-cord; and

(d) The Department of Human Services.(5)(a) After entry of judgment in an

adoption proceeding and after the minorchild who is the subject of the adoption pro-ceeding has attained 18 years of age, an in-dividual whose consent for the adoption isrequired under ORS 109.321 may file a mo-tion with the court to inspect and copy



sealed records, papers and files that aremaintained in the court’s record of the adop-tion case.

(b) Except as provided in paragraph (c)of this subsection, the court shall grant themotion except for good cause but must ex-clude from inspection and copying:

(A) For adoption cases filed on or afterJanuary 1, 2014:

(i) The Adoption Summary and Segre-gated Information Statement filed in accor-dance with ORS 109.317; and

(ii) Exhibits described in ORS 109.317 (2)that are contained in the court’s record ofthe adoption case.

(B) For adoption cases filed before Janu-ary 1, 2014:

(i) Statements, exhibits and other docu-ments provided for purposes of the UniformChild Custody Jurisdiction and EnforcementAct pursuant to ORS 109.767;

(ii) A home study;(iii) A report of adoption on a form pre-

scribed and furnished by the State Registrarof the Center for Health Statistics underORS 432.223 or a similar document in whichthe court has certified to the state registrarthe facts of the live birth of the personadopted;

(iv) A medical history described in ORS109.342 or a similar document provided to thecourt for the purpose of describing the med-ical history of the minor child or of the bi-ological parents; and

(v) Addresses, phone numbers and SocialSecurity numbers of persons or entities de-scribed in ORS 109.317 (1)(a) to (d) that arecontained in the court’s record of the adop-tion case.

(c) If the Department of Human Servicesconsented or has the authority to consent tothe adoption of a minor child under ORS109.325 or 419B.529:

(A) A parent who has signed a releaseand surrender to the department under ORS418.270, that was accepted by the depart-ment, or whose parental rights were termi-nated under ORS 419B.500 and 419B.502 to419B.524, may file a motion with the courtto inspect or copy sealed records, papers andfiles that are maintained in the court’s re-cord of the adoption case but may not begranted the right to inspect or copy:

(i) For adoption cases filed on or afterJanuary 1, 2014:

(I) The Adoption Summary and Segre-gated Information Statement filed in accor-dance with ORS 109.317; and

(II) Exhibits described in ORS 109.317 (2)that are contained in the court’s record ofthe adoption case.

(ii) For adoption cases filed before Janu-ary 1, 2014:

(I) Statements, exhibits and other docu-ments provided for purposes of the UniformChild Custody Jurisdiction and EnforcementAct pursuant to ORS 109.767;

(II) A home study;(III) A report of adoption on a form pre-

scribed and furnished by the State Registrarof the Center for Health Statistics underORS 432.223 or a similar document in whichthe court has certified to the state registrarthe facts of the live birth of the personadopted; and

(IV) A medical history described in ORS109.342 or a similar document provided to thecourt for the purpose of describing the med-ical history of the minor child or of the bi-ological parents.

(B)(i) The court may grant the motion forgood cause. The name, address, phone num-ber, Social Security number or other identi-fying information of any individual or entitycontained in the records, papers and filesmust be redacted and may not be disclosedas part of the inspection or copying allowedunder this paragraph.

(ii) Notwithstanding sub-subparagraph (i)of this subparagraph, the name of the parentfiling the motion and the name, bar numberand contact information for any attorney ofrecord in the case may be disclosed as partof the inspection or copying allowed underthis paragraph.

(d) The fee imposed and collected by thecourt for the filing of a motion under thissubsection by the birth parent of an adultadoptee shall be in accordance with ORS21.145, except that a fee may not be imposedor collected for a motion filed under thissubsection for adoptions where the Depart-ment of Human Services consented to theadoption under ORS 109.325 or 419B.529.

(6) Except as provided in subsection (5)(c)of this section, an individual or entity thatsigned a record, paper or document in a filecontained in the court’s record of the adop-tion case is entitled to inspect and obtain acopy of that record, paper or document with-out a court order. The signature and nameof any other individual or entity on the samerecord, paper or document must be redactedor otherwise not disclosed as part of the in-spection and copying permitted under thissubsection.

(7)(a) Any documents, writings, informa-tion and other records retained by the De-partment of Human Services or a



child-caring agency as defined in ORS418.205 in the department’s or agency’s re-cord of an adoption case that are not re-cords, papers and files in the court’s recordof the adoption case are confidential andmust be sealed. Any records, documents orinformation, including records, papers andfiles in the court’s record of the adoptioncase, retained by the department or agencyin its record of an adoption case may be ac-cessed, used or disclosed only as provided inthis section or ORS 109.305 to 109.410 or109.425 to 109.507, or pursuant to a court or-der for good cause.

(b) The department or agency may, with-out a court order, access, use or disclose anyrecords, documents or information retainedby the department or agency in its record ofan adoption case, including records, papersand files in the court’s record of an adoptioncase that are in the possession of the de-partment or the agency for the purpose ofproviding adoption services or the adminis-tration of child welfare services that the de-partment or agency is authorized to provideunder applicable federal or state law.

(8) Except as otherwise provided in thissection, a court may grant a motion and en-ter an order allowing inspection, copying orother disclosure of records, papers and filesthat are maintained in the court’s record ofan adoption case for good cause.

(9) Nothing contained in this sectionshall prevent the clerk or court administra-tor from certifying or providing copies of ajudgment of adoption to the petitioner in anadoption proceeding, to the petitioner’s at-torney of record or to the Department ofHuman Services.

(10) The provisions of this section do notapply to the disclosure of information underORS 109.425 to 109.507.

(11) Except as provided in subsection(5)(d) of this section, the court may imposeand collect fees for copies and services pro-vided under this section, including but notlimited to filing, inspection and researchfees.

(12) Unless good cause is shown, whenthe court grants a motion to inspect, copy orotherwise disclose records, papers and filesin the court’s record of an adoption case, thecourt shall order a prohibition or limitationon redisclosure of the records, papers andfiles, or of information contained in the re-cords, papers and files.

(13) When inspection, copying or disclo-sure is allowed under this section, the courtmay require appropriate and reasonable ver-ification of the identity of the requestingperson to the satisfaction of the court. [2013c.346 §6; 2014 c.71 §7; 2015 c.511 §3; 2015 c.512 §3; 2016c.106 §43]

109.320 [Repealed by 1957 c.710 §1 (109.312 to 109.329enacted in lieu of 109.320)]

109.321 Consent to adoption. (1) Exceptas provided in ORS 109.323 to 109.329, con-sent in writing to the adoption of a minorchild pursuant to a petition filed under ORS109.309 is required to be given by the follow-ing:

(a) The parents of the child, or the sur-vivor of them.

(b) The guardian of the child, if the childhas no living parent.

(c) The next of kin in this state, if thechild has no living parent and no guardian.

(d) Some suitable person appointed by thecourt to act in the proceeding as next friendof the child to give or withhold consent, ifthe child has no living parent and no guard-ian or next of kin qualified to consent.

(2)(a) A person who gives consent toadoption under subsection (1) of this sectionmay agree concurrently or subsequently tothe giving of such consent that the consentshall be or become irrevocable, and maywaive such person’s right to a personal ap-pearance in court, by a duly signed and at-tested certificate. The certificate ofirrevocability and waiver shall be in effectwhen the following are completed:

(A) The child is placed for the purposeof adoption in the physical custody of theperson or persons to whom the consent isgiven;

(B) The person or persons to whom con-sent for adoption is given have filed a peti-tion to adopt the child in a court ofcompetent jurisdiction;

(C) The court has entered an order ap-pointing the petitioner or some other suit-able person as guardian of the child pursuantto ORS 109.335;

(D) The Department of Human Services,an Oregon licensed adoption agency or anattorney who is representing the adoptiveparents has filed either a department or anOregon licensed adoption agency home studywith the court approving the petitioner orpetitioners as potential adoptive parents orthe department has notified the court thatthe filing of such study has been waived;

(E) Information about the child’s social,medical and genetic history required in ORS109.342 has been provided to an attorney orthe department or an Oregon licensed adop-tion agency by the person giving consent tothe adoption; and

(F) The person signing the certificate ofirrevocability and waiver has been given anexplanation by an attorney who representsthe person and who does not also representthe adoptive family, by the department or by



an Oregon licensed adoption agency of theconsequences of signing the certificate.

(b) Upon the fulfillment of the conditionsin paragraph (a) of this subsection, the con-sent for adoption may not be revoked unlessfraud or duress is proved with respect to anymaterial fact.

(3) Consent to the adoption of an Indianchild as defined in the Indian Child WelfareAct (25 U.S.C. 1901 et seq.) shall not be validunless the requirements of the Indian ChildWelfare Act are met. In accordance with theIndian Child Welfare Act, a certificate ofirrevocability is not valid for the adoption ofan Indian child.

(4) As used in this section, “parent”means a person whose parentage has beenestablished pursuant to ORS 109.065.[Formerly 109.312; 2015 c.511 §10; 2017 c.651 §32]

109.322 Consent of parent with mentalillness or intellectual disability; consentof imprisoned parent. (1) If a parent hasbeen adjudged to be a person with mentalillness under ORS 426.130 or a person withan intellectual disability who is in need ofcommitment for residential care, treatmentand training under ORS 427.290, and remainsso at the time of the adoption proceedings,or if a parent is imprisoned in a state orfederal prison under a sentence for a termof not less than three years and has actuallyserved three years, the petitioner, in accor-dance with ORS 109.330, shall serve on theparent, if the parent has not consented inwriting to the adoption, a summons and amotion and order to show cause why theadoption of the child should not be orderedwithout the parent’s consent.

(2) In the case of a parent adjudged to bea person with mental illness under ORS426.130 or a person with an intellectual dis-ability who is in need of commitment forresidential care, treatment and training un-der ORS 427.290, the petitioner shall alsoserve the summons and the motion and orderto show cause upon the guardian of the par-ent. If the parent has no guardian, the courtshall appoint a guardian ad litem to appearfor the parent in the adoption proceedings.

(3) Upon hearing, if the court finds thatthe adoption is in the best interests of thechild, the consent of the parent who is im-prisoned or adjudged to be a person withmental illness or an intellectual disability isnot required, and the court may proceed re-gardless of the objection of the parent.

(4) This section does not apply whenconsent is given in loco parentis under ORS109.325 or 109.327. [1957 c.710 §6 (109.312 to 109.329enacted in lieu of 109.320); 1975 c.711 §1; 2003 c.576 §146;2005 c.369 §5; 2007 c.70 §22; 2013 c.360 §4]

109.323 Consent when custody of childhas been awarded in divorce proceedings.(1) If the legal custody of the child has beenawarded in marital dissolution proceedings,the written consent of the person to whomcustody of the child has been awarded maybe held sufficient by the court. However, un-less the noncustodial parent consents to theadoption, the petitioner, in accordance withORS 109.330, shall serve on the noncustodialparent a summons and a motion and order toshow cause why the proposed adoptionshould not be ordered without the noncusto-dial parent’s consent, and the objections ofthe noncustodial parent shall be heard if ap-pearance is made.

(2) This section does not apply whenconsent is given in loco parentis under ORS109.325 or 109.327. [Formerly 109.314]

109.324 Consent when parent has de-serted or neglected child. (1) If a parent isbelieved to have willfully deserted the childor neglected without just and sufficientcause to provide proper care and mainte-nance for the child for one year next pre-ceding the filing of the petition for adoption,and if the parent does not consent in writingto the adoption, the petitioner, in accordancewith ORS 109.330, shall serve on the parenta summons and a motion and order to showcause why the adoption of the child shouldnot be ordered without the parent’s consent.

(2) Upon hearing or when the parent hasfailed to file a written answer as required inORS 109.330 (3), if the court finds that theparent has willfully deserted the child orneglected without just and sufficient causeto provide proper care and maintenance forthe child for one year next preceding the fil-ing of the petition for adoption, the consentof the parent at the discretion of the courtis not required and, if the court determinesthat the parent’s consent is not required, thecourt may proceed regardless of the objectionof the parent.

(3) In determining whether the parenthas willfully deserted the child or neglectedwithout just and sufficient cause to provideproper care and maintenance for the child,the court may:

(a) Disregard incidental visitations, com-munications and contributions; and

(b) Consider, among other factors thecourt finds relevant, whether the custodialparent has attempted, without good causeshown, to prevent or to impede contact be-tween the child and the parent whose par-ental rights would be terminated in an actionunder this section.

(4) This section does not apply whenconsent is given in loco parentis under ORS109.325 or 109.327. [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]

109.325 Consent by Department ofHuman Services or approved child-caringagency of this state. (1) The Department ofHuman Services or an approved child-caringagency of this state, acting in loco parentis,may consent to the adoption of a child whohas been:

(a) Surrendered to it for the purpose ofadoption under ORS 418.270 if compliance ishad with the provisions of that section;

(b) Permanently committed to it by orderof a court of competent jurisdiction; or

(c) Surrendered to it for the purpose ofadoption under ORS 418.270 by one parent ifcompliance is had with the provisions of thatsection and permanently committed to it bya court of competent jurisdiction having ju-risdiction of the other parent.

(2) The department may consent to theadoption of a child over whom the depart-ment has been made guardian under ORSchapter 125.

(3) When consent is given under thissection, no other consent is required.

(4) When consent is given under thissection, there shall be filed in the adoptionproceeding:

(a) A certified copy of an order of a courtof competent jurisdiction formally and per-manently assigning the guardianship of thechild to the department or the child-caringagency, or a copy of the surrender of thechild from its parent or parents or guardian,or both, as the case may be; and

(b) Written formal consent by the de-partment or the child-caring agency, as thecase may be, to the proposed adoption,showing that sufficient and satisfactory in-vestigation of the adopting parties has beenmade and recommending that the adoptionbe granted. The consent of the departmentor the child-caring agency to the proposedadoption may be given by one of its officers,executives or employees who has been au-thorized or designated by it for that purpose.[Formerly 109.316]

109.326 Consent when spouse not par-ent. (1) If the mother of a child was marriedat the time of the conception or birth of thechild, and it has been determined pursuantto ORS 109.065 or judicially determined thatthe mother’s spouse at such time or timeswas not the parent of the child, the spouse’sauthorization or waiver is not required inadoption, juvenile court or other proceedingsconcerning the custody of the child.

(2) If parentage of the child has not beendetermined, a determination of nonparentagemay be made by any court having adoption,divorce or juvenile court jurisdiction. Thetestimony or affidavit of the mother or thespouse or another person with knowledge ofthe facts filed in the proceeding constitutescompetent evidence before the court makingthe determination.

(3) Before making the determination ofnonparentage, the petitioner shall serve onthe spouse a summons and a true copy of amotion and order to show cause why a judg-ment of nonparentage should not be enteredif:

(a) There has been a determination byany court of competent jurisdiction that thespouse is the parent of the child;

(b) The child resided with the spouse atany time since the child’s birth; or

(c) The spouse repeatedly has contributedor tried to contribute to the support of thechild.

(4) When the petitioner is required toserve the spouse with a summons and a mo-tion and order to show cause under subsec-tion (3) of this section, service must be madein the manner provided in ORCP 7 D and E,except as provided in subsection (6) of thissection. Service must be proved as requiredin ORCP 7 F. The summons and the motionand order to show cause need not containthe names of the adoptive parents.

(5) A summons under subsection (3) ofthis section must contain:

(a) A statement that if the spouse fails tofile a written answer to the motion and orderto show cause within the time provided, thecourt, without further notice and in thespouse’s absence, may take any action thatis authorized by law, including but not lim-ited to entering a judgment of nonparentageon the date the answer is required or on afuture date.

(b) A statement that:(A) The spouse must file with the court

a written answer to the motion and order toshow cause within 30 days after the date onwhich the spouse is served with the sum-mons or, if service is made by publication orposting under ORCP 7 D(6), within 30 daysfrom the date of last publication or posting.

(B) In the answer, the spouse must in-form the court and the petitioner of thespouse’s telephone number or contact tele-phone number and the spouse’s current resi-dence, mailing or contact address in thesame state as the spouse’s home. The answermay be in substantially the following form:



__________________________________________

IN THE CIRCUIT COURT OFTHE STATE OF OREGON

FOR THE COUNTY OF , )

Petitioner, ) NO.)) ANSWER

and ))

, )Respondent. )

[ ] I consent to the entry of a judgmentof nonparentage.

[ ] I do not consent to the entry of ajudgment of nonparentage. The court shouldnot enter a judgment of nonparentage for thefollowing reasons:__________________________________________

__________________________________________

__________________________________________

__________________________________________

SignatureDATE:ADDRESS OR CONTACT ADDRESS:

TELEPHONE OR CONTACT TELEPHONE:

__________________________________________

(c) A notice that, if the spouse answersthe motion and order to show cause, thecourt:

(A) Will schedule a hearing to addressthe motion and order to show cause and, ifappropriate, the adoption petition;

(B) Will order the spouse to appear per-sonally; and

(C) May schedule other hearings relatedto the petition and may order the spouse toappear personally.

(d) A notice that the spouse has the rightto be represented by an attorney. The noticemust be in substantially the following form:__________________________________________

You have a right to be represented by anattorney. If you wish to be represented by anattorney, please retain one as soon as possi-ble to represent you in this proceeding. Ifyou meet the state’s financial guidelines, youare entitled to have an attorney appointed

for you at state expense. To request appoint-ment of an attorney to represent you at stateexpense, you must contact the circuit courtimmediately. Phone for furtherinformation.__________________________________________

(e) A statement that the spouse has theresponsibility to maintain contact with thespouse’s attorney and to keep the attorneyadvised of the spouse’s whereabouts.

(6) A spouse who is served with a sum-mons and a motion and order to show causeunder this section shall file with the court awritten answer to the motion and order toshow cause within 30 days after the date onwhich the spouse is served with the sum-mons or, if service is made by publication orposting under ORCP 7 D(6), within 30 daysfrom the date of last publication or posting.In the answer, the spouse shall inform thecourt and the petitioner of the spouse’s tele-phone number or contact telephone numberand current address, as defined in ORS25.011. The answer may be in substantiallythe form described in subsection (5) of thissection.

(7) If the spouse requests the assistanceof appointed counsel and the court deter-mines that the spouse is financially eligible,the court shall appoint an attorney to repre-sent the spouse at state expense. Appoint-ment of counsel under this subsection issubject to ORS 135.055, 151.216 and 151.219.The court may not substitute one appointedcounsel for another except pursuant to thepolicies, procedures, standards and guidelinesadopted under ORS 151.216.

(8) If the spouse files an answer as re-quired under subsection (6) of this section,the court, by oral order made on the recordor by written order provided to the spouse inperson or mailed to the spouse at the addressprovided by the spouse, shall:

(a) Inform the spouse of the time, placeand purpose of the next hearing or hearingsrelated to the motion and order to showcause or the adoption petition;

(b) Require the spouse to appear per-sonally at the next hearing or hearings re-lated to the motion and order to show causeor the adoption petition; and

(c) Inform the spouse that, if the spousefails to appear as ordered for any hearingrelated to the motion and order to showcause or the adoption petition, the court,without further notice and in the spouse’sabsence, may take any action that is author-ized by law, including but not limited to en-tering a judgment of nonparentage on thedate specified in the order or on a futuredate, without the consent of the spouse.



(9) If a spouse fails to file a written an-swer as required in subsection (6) of thissection or fails to appear for a hearing re-lated to the motion and order to show causeor the petition as directed by court orderunder this section, the court, without furthernotice to the spouse and in the spouse’s ab-sence, may take any action that is authorizedby law, including but not limited to enteringa judgment of nonparentage.

(10) There shall be sufficient proof to en-able the court to grant the relief soughtwithout notice to the spouse provided thatthe affidavit of the mother of the child, ofthe spouse or of another person with know-ledge of the facts filed in the proceedingstates or the court finds from other compe-tent evidence:

(a) That the mother of the child was notcohabiting with the mother’s spouse at thetime of conception of the child and that thespouse is not the parent of the child;

(b) That the spouse has not beenjudicially determined to be the parent of thechild;

(c) That the child has not resided withthe spouse; and

(d) That the spouse has not contributedor tried to contribute to the support of thechild.

(11) Notwithstanding ORS 109.070 (1)(a),service of a summons and a motion and orderto show cause on the spouse under subsec-tion (3) of this section is not required andthe spouse’s consent, authorization or waiveris not required in adoption proceedings con-cerning the child unless the spouse has metthe requirements of subsection (3)(a), (b) or(c) of this section.

(12) A spouse who was not cohabitingwith the mother at the time of the child’sconception has the primary responsibility toprotect the spouse’s rights.

(13) Nothing in this section shall be usedto set aside an act of a permanent nature,including but not limited to adoption, unlessthe parent establishes, within one year afterthe entry of the order or general judgment,as defined in ORS 18.005, fraud on the partof the petitioner with respect to the mattersspecified in subsection (10)(a), (b), (c) or (d)of this section. [1957 c.710 §8 (109.312 to 109.329 en-acted in lieu of 109.320); 1959 c.609 §1; 1967 c.385 §1; 1969c.591 §287; 1975 c.640 §16; 1989 c.907 §1; 1995 c.514 §19;2003 c.576 §148; 2005 c.160 §§16,22; 2005 c.369 §7; 2007c.454 §6; 2017 c.651 §33]

109.327 Consent by organization lo-cated outside Oregon. (1) An agency orother organization, public or private, locatedentirely outside of this state, or an author-ized officer or executive thereof, acting inloco parentis, may consent to the adoption

of a child under the custody, control orguardianship of such agency or organizationor officer or executive thereof, if such agencyor organization or officer or executivethereof is licensed or otherwise has authorityin the jurisdiction in which such agency orother organization is located to consent toadoptions in loco parentis. When consent isgiven under this section, no other consent isrequired. The license or other authority toconsent to adoption in loco parentis shall beconclusively presumed upon the filing withthe court of a duly certified statement froman appropriate governmental agency of suchother state that such agency or organizationor officer or executive is licensed or other-wise has authority in such state to consentto adoptions in loco parentis.

(2) When consent is given under thissection, there shall be filed in the adoptionproceeding:

(a) A certified copy of the court order, orthe written authorization from the parent,parents or other person, or both a court or-der and such written authorization, as thecase may be, that enables consent to begiven in loco parentis under the law of suchother jurisdiction; and

(b) Written formal consent by the agencyor other organization, or the officer or exec-utive thereof, to the proposed adoption,showing that sufficient and satisfactory in-vestigation of the adopting parties has beenmade and recommending that the adoptionbe granted. [Formerly 109.318]

109.328 Consent of child 14 years ofage or older. If the child is 14 years of ageor older, the adoption shall not be madewithout the consent of the child. The consentrequired by this section is in addition to, andnot in lieu of, the consent otherwise requiredby law. [1957 c.710 §9 (109.312 to 109.329 enacted inlieu of 109.320)]

109.329 Adoption of person 18 years ofage or older or legally married. (1) Subjectto subsection (2) of this section, any personmay petition the circuit court for leave toadopt a person who is 18 years of age orolder or who is legally married. The petitionshall be accompanied by the written consentof each petitioner and the written consent ofthe person to be adopted. The written con-sents shall be filed with the petition.

(2) In addition to the written consentsrequired under subsection (1) of this section,an adoption of a person who is 18 years ofage or older or who is legally married isgoverned by the following:

(a) One petitioner or the person to beadopted must have resided in this state con-tinuously for a period of six months prior tothe filing of the petition; and



(b) The petition must be filed in thecounty in which one petitioner or the personto be adopted resides.

(3) The court may grant the petition ifthe court finds, from the allegations set forthin the petition, that each petitioner:

(a) Understands the significance andramifications of the adoption; and

(b) Is not acting under duress, coercionor undue influence.

(4) In a proceeding under this section,the court may:

(a) Appoint counsel for each petitioneror for the person to be adopted or both orappoint a visitor, as provided in ORS 125.150.If the court appoints counsel or a visitor orboth under this paragraph, the court shallapportion the costs among each petitionerand the person being adopted.

(b) Hold a hearing.(c) On the court’s own motion, take tes-

timony from or hold a conference with eachpetitioner and the person to be adopted. Thecourt may hold a conference with one partyand exclude the other party from the confer-ence. In such a case, the court shall allowthe attorney for the excluded party to attendthe conference.

(d) Require that notice of the proceedingbe provided by each petitioner to any or allof the following:

(A) The spouse of each petitioner.(B) A person cohabiting with a petitioner

who is interested in the affairs and welfareof the petitioner.

(C) The adult children of each petitioner.(5) If, upon a petition for adoption pre-

sented and consented to in writing by eachpetitioner and the person to be adopted, thecourt is satisfied as to the identity and re-lations of each petitioner and the person tobe adopted, that each petitioner understandsthe significance and ramifications of theadoption, that each petitioner is not actingunder duress, coercion or undue influenceand that it is fit and proper that the adoptionbe effected, a judgment shall be made settingforth the facts and ordering that from thedate of the judgment, the person to beadopted, for all legal intents and purposes, isthe child of the petitioner or petitioners.

(6) The provisions of ORS 109.308,109.309, 109.315, 109.317, 109.319, 109.342 and109.353 do not apply to an adoption underthis section. [1957 c.710 §10 (109.312 to 109.329 en-acted in lieu of 109.320); 1973 c.827 §13; 2003 c.579 §2;2013 c.346 §11; 2015 c.511 §4]

109.330 Notice to nonconsenting par-ent; notice when child has no parent,guardian or next of kin. (1) In the cases

provided for in ORS 109.322, 109.323 and109.324, when a parent does not consent tothe adoption of the child, the petitioner shallserve the parent with a summons and a truecopy of a motion and order to show causewhy the proposed adoption should not be or-dered without the parent’s consent. Exceptas provided in subsection (3) of this section,service must be made in the manner providedin ORCP 7 D and E. Service must be provedas required in ORCP 7 F. The summons andthe motion and order to show cause need notcontain the names of the adoptive parents.

(2) A summons under this section mustcontain:

(a) A statement that an adoption petitionhas been filed and that, if the parent fails tofile a written answer to the motion and orderto show cause within the time provided, thecourt, without further notice and in theparent’s absence, may take any action thatis authorized by law, including but not lim-ited to entering a judgment of adoption ofthe child if the court determines, on the datethe 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 interestsof the child.

(b) A statement that:(A) The parent must file with the court

a written answer to the motion and order toshow cause within 30 days after the date onwhich the parent is served with the summonsor, if service is made by publication or post-ing under ORCP 7 D(6), within 30 days fromthe date of last publication or posting.

(B) In the answer, the parent must in-form the court and the petitioner of theparent’s telephone number or contact tele-phone number and the parent’s current resi-dence, mailing or contact address in thesame state as the parent’s home. The answermay be in substantially the following form:__________________________________________

IN THE CIRCUIT COURT OFTHE 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 forthe following reasons:__________________________________________

__________________________________________

__________________________________________

__________________________________________

SignatureDATE:ADDRESS OR CONTACT ADDRESS:

TELEPHONE OR CONTACT TELEPHONE:

__________________________________________

(c) A notice that, if the parent answersthe motion and order to show cause, thecourt:

(A) Will schedule a hearing to addressthe motion and order to show cause and, ifappropriate, the adoption petition;

(B) Will order the parent to appear per-sonally; and

(C) May schedule other hearings relatedto the petition and may order the parent toappear personally.

(d) A notice that the parent has the rightto be represented by an attorney. The noticemust be in substantially the following form:__________________________________________

You have a right to be represented by anattorney. If you wish to be represented by anattorney, please retain one as soon as possi-ble to represent you in this proceeding. Ifyou meet the state’s financial guidelines, youare entitled to have an attorney appointedfor you at state expense. To request appoint-ment of an attorney to represent you at stateexpense, you must contact the circuit courtimmediately. Phone for furtherinformation.__________________________________________

(e) A statement that the parent has theresponsibility to maintain contact with theparent’s attorney and to keep the attorneyadvised of the parent’s whereabouts.

(3) A parent who is served with a sum-mons and a motion and order to show causeunder this section shall file with the court awritten answer to the motion and order toshow cause within 30 days after the date onwhich the parent is served with the summonsor, if service is made by publication or post-

ing under ORCP 7 D(6), within 30 days fromthe date of last publication or posting. Inthe answer, the parent shall inform the courtand the petitioner of the parent’s telephonenumber or contact telephone number andcurrent address, as defined in ORS 25.011.The answer may be in substantially the formdescribed in subsection (2) of this section.

(4) If the parent requests the assistanceof appointed counsel and the court deter-mines that the parent is financially eligible,the court shall appoint an attorney to repre-sent the parent at state expense. Appoint-ment of counsel under this subsection issubject to ORS 135.055, 151.216 and 151.219.The court may not substitute one appointedcounsel for another except pursuant to thepolicies, procedures, standards and guidelinesadopted under ORS 151.216.

(5) If the parent files an answer as re-quired under subsection (3) of this section,the court, by oral order made on the recordor by written order provided to the parent inperson or mailed to the parent at the addressprovided by the parent, shall:

(a) Inform the parent of the time, placeand purpose of the next hearing or hearingsrelated to the motion and order to showcause or the adoption petition;

(b) Require the parent to appear per-sonally at the next hearing or hearings re-lated to the motion and order to show causeor the adoption petition; and

(c) Inform the parent that, if the parentfails to appear as ordered for any hearingrelated to the motion and order to showcause or the adoption petition, the court,without further notice and in the parent’sabsence, may take any action that is author-ized by law, including but not limited to en-tering a judgment of adoption of the child onthe date specified in the order or on a futuredate, without the consent of the parent.

(6) If a parent fails to file a written an-swer as required in subsection (3) of thissection or fails to appear for a hearing re-lated to the motion and order to show causeor the petition as directed by court orderunder this section, the court, without furthernotice to the parent and in the parent’s ab-sence, may take any action that is authorizedby law, including but not limited to enteringa judgment of adoption of the child withoutthe consent of the parent if the court finds,on the date the answer is required or on afuture date, the action to be in the child’sbest interests.

(7) If the child has no living parent andno guardian or next of kin in this statequalified to appear in behalf of the child, thecourt may order such notice, if any, to begiven as the court deems necessary or



proper. [Amended by 1957 c.710 §11; 1967 c.385 §2; 1969c.591 §288; 1975 c.640 §17; 1979 c.284 §101; 2005 c.369 §1]

109.331 Consenting agency disclosureof county and case number of adoptionproceeding. The Department of Human Ser-vices or an approved child-caring agency ofthis state that has consented to the adoptionof a child under ORS 109.325 shall, upon re-quest and if available, disclose the county inwhich the adoption was finalized and thecase number of the adoption proceeding to:

(1) An adult adoptee;(2) A birth parent who has consented to

the adoption and signed a release and sur-render or whose parental rights have beenterminated; or

(3) A parent or guardian of a minor childwho was the subject of an adoption proceed-ing. [2015 c.511 §6]

109.332 Grandparent visitation instepparent adoption. (1) When a petitionhas been filed under ORS 109.309 concerningthe adoption by a stepparent of a child, agrandparent served with a copy of the peti-tion under ORS 109.315 may file a motionwith the court asking the court to award agrandparent the right to regular visitationwith the child after the adoption. A motionunder this subsection must be filed no laterthan 30 days after service of the petition.

(2) The court shall award a grandparentvisitation rights only if the court finds byclear and convincing evidence that:

(a) Establishing visitation rights is in thebest interests of the child;

(b) A substantial relationship existedprior to the adoption between the child andthe grandparent seeking visitation rights;and

(c) Establishing visitation rights does notsubstantially interfere with the relationshipbetween the child and the adoptive family. (3) As used in this section,“grandparent” includes a grandparent whohas established custody, visitation or otherrights under ORS 109.119. [1993 c.689 §2; 1993c.717 §10; 1995 c.90 §4; 2001 c.873 §7; 2003 c.258 §3; 2005c.22 §88; 2013 c.346 §12]


109.335 Appointment of guardianpending further adoption proceedings.Notwithstanding the provisions of ORSchapter 125 that relate to the appointmentof a guardian, when a petition is filed pursu-ant to ORS 109.309 for leave to adopt a mi-nor child and the required consent theretohas been filed, the court before which thepetition is pending may on its own motion

enter an order appointing the petitioner orsome other suitable person guardian of theminor child pending further order of thecourt or entry of a judgment under ORS109.350. [1965 c.187 §1; 1967 c.231 §1; 1973 c.823 §108;1995 c.664 §83; 2003 c.576 §149]

109.340 [Repealed by 1957 c.412 §2 (7.211 enacted inlieu of 109.340)]

109.342 Medical history of child andbiological parents required; content;form. (1) Before any judgment of adoptionof a minor is entered, the court shall be pro-vided a medical history of the child and ofthe biological parents as complete as possibleunder the circumstances.

(2) When possible, the medical historyshall include, but need not be limited to:

(a) A medical history of the adoptee frombirth up to the time of adoption, includingdisease, disability, congenital or birth de-fects, and records of medical examinations ofthe child, if any;

(b) Physical characteristics of the biolog-ical parents, including age at the time of theadoptee’s birth, height, weight, and color ofeyes, hair and skin;

(c) A gynecologic and obstetric historyof the biological mother;

(d) A record of potentially inheritablegenetic or physical traits or tendencies of thebiological parents or their families; and

(e) Any other useful or unusual biologicalinformation that the biological parents arewilling to provide.

(3) The names of the biological parentsshall not be included in the medical history.

(4) Subsection (1) of this section does notapply when a person is adopted by astepparent.

(5) The Department of Human Servicesshall prescribe a form for the compilation ofthe medical history. [1979 c.493 §2; 2003 c.576 §150;2015 c.511 §11]

109.345 [1961 c.99 §1; 1969 c.198 §56; repealed by 1993c.717 §11]

109.346 Adoption-related counselingfor birth parent. (1) Except as provided insubsection (5) of this section, a birth parentconsenting to an adoption shall receive no-tice of the birth parent’s right to payment forthree adoption-related counseling sessionsprior to surrender or relinquishment of thechild for adoption and three sessions ofadoption-related counseling after surrenderor relinquishment of the child for adoption.

(2) Notice of the right to adoption-relatedcounseling shall be in writing and shall beprovided to the consenting birth parent byeither the attorney for the birth parent, theagency representative taking the birthparent’s consent or the attorney for the pro-



spective adoptive parent. Before entry of ajudgment of adoption, the agency or attorneyproviding the written notice shall submitverification to the court that the notice wasgiven to the consenting birth parent.

(3) The prospective adoptive parent shallpay all uninsured costs of the adoption-related counseling required by this section,provided the counseling is received withinone year of the date of surrender orrelinquishment of the child for adoption.

(4) Adoption-related counseling underthis section, unless otherwise agreed to bythe prospective adoptive parent and the con-senting birth parent, shall be provided by:

(a) A regulated social worker as definedin ORS 675.510 who is employed by an Ore-gon licensed adoption agency other than theregulated social worker assigned to the pro-spective adoptive parent;

(b) A regulated social worker, counseloror therapist who is working under thesupervision of a clinical social worker li-censed under ORS 675.530 or a licensed pro-fessional counselor and who isknowledgeable about birth parent, adoptionand grief and loss issues; or

(c) A clinical social worker licensed un-der ORS 675.530, 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 donot apply to:

(a) An adoption in which a birth parentrelinquishes parental rights to the Depart-ment of Human Services;

(b) An adoption in which one parent re-tains parental rights;

(c) An adoption in which the child isborn in a foreign country and adopted underthe laws of that country or readopted in Or-egon;

(d) An adoption in which the child isborn in a foreign country and subsequentlyadopted in Oregon and in which the identityor whereabouts of the child’s birth parentsare unknown; or

(e) An adoption of an adult.(6) Failure to provide the notice required

by this section or failure to pay the unin-sured costs of adoption-related counselingrequired by this section is not grounds forsetting aside an adoption judgment or for re-vocation of a written consent to an adoptionor a certificate of irrevocability. [2001 c.586 §2;2003 c.576 §151; 2009 c.442 §29]

Note: 109.346 and 109.347 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 109 or any series therein by leg-

islative action. See Preface to Oregon Revised Statutesfor further explanation.

109.347 Civil action for failure to payfor counseling; attorney fees. A birth par-ent aggrieved by the failure of a prospectiveadoptive parent or adoptive parent to pay theuninsured costs of adoption-related coun-seling required by ORS 109.346 may file acivil action in circuit court for payment orreimbursement of the uninsured costs ofadoption-related counseling. The court shallaward reasonable attorney fees and costs ofthe action to a prevailing birth parent. [2001c.586 §3]


109.350 Judgment of adoption or re-adoption. If, upon a petition for adoption orreadoption duly presented and consented to,the court is satisfied as to the identity andrelations of the persons, that the petitioneris of sufficient ability to bring up the childand furnish suitable nurture and education,having reference to the degree and conditionof the parents, that, if applicable, the re-quirements of the Indian Child Welfare Act(25 U.S.C. 1901 et seq.) have been met, andthat it is fit and proper that such adoptionor readoption be effected, a judgment shallbe made setting forth the facts, and orderingthat from the date of the judgment the child,to all legal intents and purposes, is the childof the petitioner. In an adoption or readop-tion subject to the Indian Child Welfare Act(25 U.S.C. 1901 et seq.), the state court shallprovide to the United States Secretary of theInterior a copy of the judgment together withthe other information required by the IndianChild Welfare Act (25 U.S.C. 1901 et seq.).[Amended by 1959 c.430 §4; 1983 c.302 §3; 2003 c.576 §152;2015 c.511 §12]

109.353 Notice of voluntary adoptionregistry required before judgment en-tered; waiver. Before a judgment of adop-tion is entered, the agency or organizationfacilitating the adoption, or the attorney forthe adoptive parents in an independent adop-tion, shall submit verification to the courtthat the parents of the child and the peti-tioners have been advised of the voluntaryadoption registry established under ORS109.450 and have been given information onhow to access those services. The court maywaive this requirement upon a finding ofgood cause. [1995 c.730 §5; 1999 c.160 §1; 2003 c.576§153]


109.360 Change of adopted child’sname. If in a petition for the adoption of achild a change of the child’s name is re-quested, the court, upon entering a judgment



granting the adoption, may also provide inthe judgment for the change of the namewithout the notice required by ORS 33.420.[Amended by 1997 c.872 §24; 2003 c.576 §154; 2017 c.100§5]

109.370 [Amended by 1957 c.403 §7; 1961 c.98 §1; 1969c.591 §289; repealed by 1993 c.717 §11]

109.380 [Repealed by 1959 c.609 §5]

109.381 Effect of judgment of adop-tion. (1) A judgment of a court of this stategranting an adoption, and the proceedings insuch adoption matter, shall in all respects beentitled to the same presumptions and be asconclusive as if rendered by a court of recordacting in all respects as a court of generaljurisdiction and not by a court of special orinferior jurisdiction, and jurisdiction overthe persons and the cause shall be presumedto exist.

(2) Except for such right of appeal asmay be provided by law, judgments of adop-tion shall be binding and conclusive upon allparties to the proceeding. No party nor any-one claiming by, through or under a party toan adoption proceeding, may for any reason,either by collateral or direct proceedings,question the validity of a judgment of adop-tion entered by a court of competent juris-diction of this or any other state.

(3) After the expiration of one year fromthe entry of a judgment of adoption in thisstate the validity of the adoption shall bebinding on all persons, and it shall be con-clusively presumed that the child’s naturalparents and all other persons who mightclaim to have any right to, or over the child,have abandoned the child and consented tothe entry of such judgment of adoption, andthat the child became the lawful child of theadoptive parents or parent at the time whenthe judgment of adoption was rendered, allirrespective of jurisdictional or other defectsin the adoption proceeding. After the expira-tion of the one-year period no one may ques-tion the validity of the adoption for anyreason, either through collateral or directproceedings, and all persons shall be boundthereby. However, the provisions of this sub-section shall not affect the right of appealfrom a judgment of adoption as may be pro-vided by law. [Subsections (1), (2) and (3) enactedas 1959 c.609 §§2,3,4; subsection (4) derived from 1959c.609 §6; 2003 c.576 §155; 2005 c.22 §89]

109.385 Readoption proceeding; primafacie evidence; petition; required con-tents; service; exhibits; finding regardinginaccurate birthdate; fees. (1) As used inthis section, “readoption” means to adopt aperson, including but not limited to a minorchild, who was previously adopted in a for-eign nation, pursuant to the laws of thestate.

(2) An adoption in a foreign nation underthe laws of that nation of a person who is atthe time of the adoption a national of thenation by adoptive parents, at least one ofwhom is a citizen of the United States, shallbe recognized as a valid and legal adoptionfor all purposes in the State of Oregon if theadoption is valid and legal in the foreign na-tion where the adoption occurred, unless theadoption violates fundamental principles ofhuman rights or the public policy of the stateor of the federal government.

(3) A copy of a decree, order, judgment,certificate or other document of adoption byadoptive parents, at least one of whom is acitizen of the United States, issued by acourt or pursuant to an administrative pro-ceeding of competent jurisdiction in the for-eign nation is prima facie evidence in anycourt or administrative proceeding in thisstate that the adoption was legal and valid.

(4) Notwithstanding subsection (2) of thissection, an adoptive parent who has adopteda person in a foreign nation may petition thecourt for readoption for the purpose of ob-taining a judgment of adoption from the cir-cuit court of the county in which thepetitioner resides.

(5) Except as otherwise provided in thissection, ORS 109.315 does not apply to a pe-tition for readoption under this section.

(6) A petition for readoption must besigned by the petitioner and, unless stated inthe petition why the information or state-ment is omitted, must contain the following:

(a) The full name of the petitioner;(b) The current marital or domestic part-

nership status of the petitioner;(c) If the readoption is of a minor child,

information sufficient for the court to estab-lish that the petitioner has complied with thejurisdictional requirements of ORS 109.309(4);

(d) The gender and full birth name,adopted name and any other alias of theperson sought to be readopted;

(e) A statement of the place and date ofthe person’s birth in the foreign nation;

(f) A statement that the foreign adoptionis legal and valid under the laws of the na-tion in which the adoption occurred and thedate of the adoption;

(g) A statement that the person’s entryinto the United States has complied with ap-plicable federal immigration laws;

(h) If the readoption is of a minor child,a statement that a home study was com-pleted and approved prior to the foreign na-tion adoption of the minor child;



(i) If the readoption is of a minor child,whether a continuing contact agreement ex-ists under ORS 109.305 or a similar law ap-plicable to the nation where the foreignnation adoption occurred, including thenames of the parties to the agreement andthe date of execution;

(j) A statement of the desired new adop-tive name for the person to be readopted;

(k) If applicable, a statement that thebirthdate listed on the person’s foreign na-tion birth documents is believed to be inac-curate and a description of the evidence thatsupports the petitioner’s belief;

(L) A statement requesting the clerk ofthe court, upon payment of any required fees,to issue to the petitioner a certificate ofadoption under ORS 109.410 and a certifiedcopy of the general judgment of adoption;and

(m) A statement that indicates whetherthe minor child is an Indian child as definedin the Indian Child Welfare Act (25 U.S.C.1901 et seq.) and, if required by the IndianChild Welfare Act:

(A) A statement of the efforts to notifythe appropriate Indian tribe or tribes of theadoption; and

(B) A statement of the efforts to complywith the placement preferences of the IndianChild Welfare Act or the placement prefer-ences of the appropriate Indian tribe.

(7) Within 30 days after being filed withthe court, the petitioner shall serve copiesof the petition and the documents filed asexhibits under subsection (9) of this sectionon the Director of Human Services by eitherregistered or certified mail with return re-ceipt or personal service.

(8) A petition filed under this sectionmust, if applicable, request the following:

(a) Entry of a general judgment of adop-tion;

(b) That the petitioner be permitted toreadopt the person as the child of the peti-tioner for all legal intents and purposes;

(c) A finding that the court has jurisdic-tion over the adoption proceeding, the par-ties and the person sought to be readopted;

(d) Approval of a change to the name ofthe person to be readopted;

(e) If applicable, a finding that a contin-uing contact agreement entered into underORS 109.305, or a similar law applicable tothe nation where the foreign nation adoptionoccurred, is in the best interests of the minorchild and that the court incorporate thecontinuing contact agreement by referenceinto the adoption judgment;

(f) If applicable, a finding that the evi-dence of the person’s birthdate listed on theforeign nation adoption documents is inaccu-rate and that the evidence presented by thepetitioner supports a change to the birthdateof the person to be readopted;

(g) That the court require preparation ofand certify a report of adoption as providedin ORS 432.223;

(h) If the readoption is of a minor child,that all records, papers and files in the re-cord of the readoption case be sealed as pro-vided under ORS 109.319; and

(i) Any other relief requested by the pe-titioner.

(9) A petition filed under this sectionmust, if applicable, have the following at-tached as exhibits:

(a) True copies of the foreign nation birthcertificate of the person to be readopted, ac-companied by an English translation, if nec-essary;

(b) True copies of the foreign nationadoption decree, order, judgment, certificateor similar document accompanied by anEnglish translation, if necessary;

(c) True copies of the foreign nationpassport and proof of legal residency in theUnited States for the person sought to bereadopted;

(d) If applicable, a true copy of any con-tinuing contact agreement entered into un-der ORS 109.305 or a similar law applicableto the nation where the foreign nation adop-tion occurred;

(e) If applicable, the written disclosurestatement required under ORS 109.311; and

(f) Any other supporting documentationnecessary to comply with the petition re-quirements in this section.

(10)(a) An Adoption Summary and Segre-gated Information Statement must be filedconcurrently with every petition for readop-tion of a minor child. The statement mustsummarize information in the readoptionproceeding and include additional informa-tion and attached exhibits as required underthis subsection. The statement must contain,at a minimum, the following information ifknown or readily ascertainable by the peti-tioner:

(A) The full name, permanent addressand telephone number of each petitioner;

(B) The current full name, the proposedadoptive name and the date and place ofbirth of the minor child;

(C) The information required by the Uni-form Child Custody Jurisdiction and En-forcement Act under ORS 109.701 to 109.834;and



(D) The name, bar number and contactinformation for any attorney representing apetitioner.

(b) An Adoption Summary and Segre-gated Information Statement must attach asan exhibit:

(A) A home study that has been approvedunder ORS 109.309; and

(B) A report of adoption on a form pre-scribed and furnished by the State Registrarof the Center for Health Statistics as re-quired under ORS 432.223.

(c) The petitioner has a continuing dutyto inform the court of any change to the in-formation required by this subsection orwhen information that was not previouslyknown or ascertainable becomes known orascertainable.

(d) The Adoption Summary and Segre-gated Information Statement and the exhibitssubmitted under this subsection are confi-dential and may not be inspected or copiedexcept as otherwise provided under ORS109.305 to 109.410 or 109.425 to 109.507. TheAdoption Summary and Segregated Informa-tion Statement and the exhibits submittedunder this section must be segregated in therecord of the adoption case from other re-cords, papers and files in the record of theadoption case.

(11) A petition filed under this section isexempt from any requirement for one ormore of the following:

(a) Compliance with the consent require-ments of ORS 109.321 to 109.330;

(b) A statement that the requirements ofORS 109.353 regarding advisement about thevoluntary adoption registry and the registry’sservices have been met;

(c) A statement that the requirements ofORS 109.346 regarding notice of the right tocounseling sessions have been met; and

(d) Provision of a placement report underORS 109.309 (8).

(12) The requirements for keeping a sep-arate record of the case, for sealing the re-cords, papers and files in an adoptionproceeding and for the conditions underwhich inspection and copying of sealed re-cords, papers and files in the court’s recordof an adoption case set forth in ORS 109.319apply to proceedings for readoption underthis section.

(13)(a) The court may find that a person’sbirthdate listed on the person’s foreign na-tion birth documents is inaccurate basedupon a finding that the preponderance of theevidence demonstrates that the birthdate isinaccurate and that the age or birthdateproposed by the petitioner is accurate.

(b) Evidence that the court may considerin making the finding and order under thissubsection includes, but is not limited to, oneor more of the following:

(A) Medical evaluations;(B) Birth certificates;(C) School records;(D) Dental evaluations;(E) Psychological evaluations;(F) Bone density tests; and(G) Social evaluations.(14) The fee imposed and collected by the

court for the filing of a petition under thissubsection shall be in accordance with ORS21.145, except that when separate petitionsfor readoption of multiple minor children areconcurrently filed under this section by thesame petitioner, one filing fee shall becharged for the first petition filed and thefiling fees for concurrently filed petitionsshall not be charged. [1961 c.95 §§2,3; 2015 c.511§9]

109.390 Authority of Department ofHuman Services or child-caring agency inadoption proceedings. When the Depart-ment of Human Services or an approvedchild-caring agency has the right to consentto the adoption of a child, the department oragency may:

(1) If it deems the action necessary orproper, become a party to any proceeding forthe adoption of the child.

(2) Appear in court where a proceedingfor the adoption of the child is pending.

(3) Give or withhold consent in locoparentis to the adoption of the child only inaccordance with ORS 109.325. [1957 c.710 §14;1971 c.401 §6; 2005 c.22 §90]

109.400 Adoption report form. (1) Whena petition for adoption is filed with a court,the petitioner or the petitioner’s attorneyshall file with the petition an adoption reportform as provided in ORS 432.223.

(2) Notwithstanding ORS 109.319, if thecourt enters a judgment of adoption, theclerk of the court shall review the personalparticulars filled in on the form, shall fill inthe remaining blanks on the form, shall cer-tify the form and mail it to the State Regis-trar of the Center for Health Statistics asthe adoption report as required under ORS432.223. [1959 c.430 §1; 1983 c.709 §41; 1997 c.783 §45;2003 c.576 §156; 2013 c.346 §14]

109.410 Certificate of adoption; form;persons eligible to receive certificate;status. (1) The clerk of the court havingcustody of the adoption file shall issue uponrequest a certificate of adoption to theadopted person, the adoptive parents or par-ent, their attorney of record, in the proceed-



ing, or to any child-placing agency whichgave consent to the adoption. The certificateshall be substantially in the following form:__________________________________________

CERTIFICATE OF ADOPTIONIN THE COURTOF THE STATE OF OREGON

FOR THE COUNTY OF

In the Matter of the Adoption of:

File No.Name after Adoption

This is to certify that on the day of, 2 , a Judgment of Adoption

was granted by the Honorable Judgegranting the adoption

of the above-named person by.

The adopted person, above named, wasborn in the City of , Countyof , 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 is-sued by the judge who granted the adoption,instead of by the clerk of the court.

(3) The certificate of adoption shall notstate the former name of the person adopted,unless the name was not changed by thejudgment, and shall not state the name ofeither biological parent of the personadopted. However, if the adoption was by theadopted person’s stepparent, the name of theadopting stepparent’s spouse may be set forthin the certificate if requested.

(4) No certificate of adoption shall be is-sued to any person other than the personsdescribed in subsection (1) of this sectionwithout order of the court.

(5) For all purposes, the certificate ofadoption shall constitute legal proof of thefacts set forth therein, shall have the sameforce and effect and the same presumptionsof validity as the judgment of adoption, andshall be entitled to full faith and credit. [1979c.397 §2; 1985 c.496 §24; 2003 c.576 §157; 2015 c.512 §2]

VOLUNTARY ADOPTION REGISTRY109.425 Definitions for ORS 109.425 to

109.507. As used in ORS 109.425 to 109.507:(1) “Adoptee” means a person who has

been adopted in the State of Oregon.(2) “Adoption” means the judicial act of

creating the relationship of parent and childwhere it did not exist previously.

(3) “Adoptive parent” means an adultwho has become a parent of a child throughadoption.

(4) “Adult” means a person 18 years ofage or older.

(5) “Agency” means any public or privateorganization licensed or authorized under thelaws of this state to place children for adop-tion.

(6) “Birth parent” means:(a) The man or woman who is legally

presumed under the laws of this state to bethe father or mother of genetic origin of achild; and

(b) A putative father of the child if thebirth mother alleges he is the father and theputative father, by written affidavit or sur-render and release executed within threeyears of the relinquishment of the child bythe birth mother or the termination of par-ental rights of the birth mother, acknowl-edges being the child’s biological father.

(7) “Department” means the Departmentof Human Services.

(8)(a) “Genetic and social history” meansa comprehensive report, when obtainable, ofthe health status and medical history of thebirth parents and other persons related tothe child.

(b) The genetic and social history maycontain as much of the following as is avail-able:

(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 historyof:

(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) “Guardian” means a person appointed

by a court as guardian of a minor under ORSchapter 125 or the laws of any other state.

(10) “Health history” means a compre-hensive report, when obtainable, of thechild’s health status and medical history atthe time of placement for adoption, includingneonatal, psychological, physiological andmedical care history.

(11) “Minor” means a person under 18years of age.

(12) “Progeny” means the children or de-scendants of a person and the person’s de-scendants in successive generations.

(13) “Putative father” means a man who,under the laws of this state, is not legallypresumed to be the father of genetic originof a child, but who claims or is alleged to bethe father of genetic origin of the child.

(14) “Registry” means a voluntary adop-tion registry established under ORS 109.450.

(15) “Successor agency” means an agencywhich has the adoption records of anotheragency because of the merger of the agencyand the successor agency or because a for-mer agency has ceased doing business andhas given its adoption records to the succes-sor 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;2015 c.200 §1]

Note: 109.425 to 109.507 and 109.990 (2) were en-acted into law by the Legislative Assembly but were notadded to or made a part of ORS chapter 109 by legisla-tive action. See Preface to Oregon Revised Statutes forfurther explanation.

109.430 Policy and purpose. It is thepolicy of this state that adoption is basedupon the legal termination of parental rightsand responsibilities of birth parents and thecreation of the legal relationship of parentsand child between an adoptee and the adop-tive parents. These legal and social premisesunderlying adoption must be maintained. Thestate recognizes that some persons who wereadopted as children have a strong desire toobtain identifying information about theirbirth parents, putative father or genetic sib-lings while other such adoptees have no suchdesire. The state further recognizes thatsome birth parents have a strong desire toobtain identifying information about their bi-ological children who were adopted, whileother birth parents have no such desire. Thestate fully recognizes the right to privacyand confidentiality of birth parents whosechildren were adopted, the adoptees and theadoptive parents. The purpose of ORS 109.425to 109.507 and 432.250 is to:

(1) Set up a voluntary adoption registrywhere birth parents, putative fathers,adoptees and genetic siblings of adopteesmay register their willingness to the releaseof identifying information to each other;

(2) Provide for the disclosure of identify-ing information to birth parents and theirprogeny through a person employed or ap-proved by a licensed adoption agency or theDepartment of Human Services, if the rele-vant persons for such disclosure are regis-tered;

(3) Provide for the transmission of noni-dentifying health and genetic and social his-tories of adoptees, birth parents, putativefathers, genetic siblings of adoptees andother specified persons; and

(4) Provide for disclosure of specificidentifying information to Indian tribes orgovernmental agencies when needed to es-tablish the adoptee’s eligibility for tribalmembership or for benefits or to a personresponsible for settling an estate that refersto the adoptee. [1983 c.672 §1; 1989 c.372 §5; 1995 c.79§40; 1995 c.730 §8; 1997 c.442 §2; 2013 c.346 §15; 2015 c.200§2]


109.435 Adoption records to be perma-nently maintained. (1) All records of anyadoption finalized in this state shall be per-manently maintained by the Department ofHuman Services or by the agency arrangingthe adoption.

(2) If an agency which handles adoptionsceases to do business, the agency shalltransfer the adoption records to the depart-ment or to a successor agency, if the agencygives notice of the transfer to the depart-ment. [1983 c.672 §3]

Note: See note under 109.425.109.440 [1983 c.672 §4; 1995 c.79 §41; 1995 c.730 §9;

2001 c.586 §1; repealed by 2013 c.346 §7]

109.445 Information of registry confi-dential. (1) Notwithstanding any other pro-vision of law, the information acquired byany voluntary adoption registry shall not bedisclosed under any freedom of informationlegislation, rules or practice.

(2) A class action suit shall not be main-tained in any court of this state to requirethe registry to disclose identifying informa-tion. [1983 c.672 §5]


109.450 Child placement agency tomaintain registry; Department of HumanServices duties. (1) A voluntary adoptionregistry shall be established and maintainedby each agency or its successor agency. Anagency may delegate or contract with an-other agency to establish, maintain and op-erate the registry for the delegating agency.



(2) The Department of Human Servicesshall establish, maintain and operate theregistry for all adoptions not arrangedthrough a licensed agency. The departmentmay contract out the function of establish-ing, maintaining and operating the registryto another agency. The department may joina voluntary national or international registryand make its records available in the mannerauthorized by ORS 109.425 to 109.507. How-ever, if the rules of disclosure of such a vol-untary organization differ from thoseprescribed in ORS 109.425 to 109.507, ORS109.425 to 109.507 shall prevail. [1983 c.672 §6;1995 c.79 §42; 1995 c.730 §10; 2015 c.200 §16]


109.455 Persons eligible to use regis-try. (1) Only a birth parent, adult adoptee,adult genetic sibling of an adoptee, parent orguardian of a minor adoptee or of a minorgenetic sibling of an adoptee, adoptive parentof a deceased adoptee and parents or adultsiblings of a deceased birth parent may usethe registry for obtaining identifying infor-mation about birth parents, putative fathers,adoptees and genetic siblings of adoptees.

(2) A putative father may not use theregistry to obtain identifying information butmay register to authorize release of identify-ing information under ORS 109.460. [1983 c.672§7; 1989 c.372 §2; 1997 c.442 §3; 2015 c.200 §3]


109.460 Persons eligible to register;information authorized for release; expi-ration of registration on behalf ofminor. (1) An adult adoptee, a birth parent,a putative father, an adult genetic sibling ofan adoptee, a parent or guardian of a minoradoptee or of a minor genetic sibling of anadoptee, an adoptive parent of a deceasedadoptee and a parent or adult sibling of adeceased birth parent may register with aregistry by submitting a signed affidavit tothe appropriate registry. The affidavit shallcontain the information listed in ORS 109.465and a statement of the registrant’s willing-ness to be identified to the other relevantpersons who register. The affidavit gives au-thority to the registry to release to the otherrelevant persons who register identifying in-formation related to the registrant or, if theregistrant is registering on behalf of a minoradoptee or a minor genetic sibling, identify-ing information related to the minor adopteeor sibling. Each registration shall be accom-panied by the registrant’s, or if the registrantis registering on behalf of a minor adopteeor a minor genetic sibling, the minor’s, cer-tified copy of the record of live birth.

(2) At the discretion of the agency oper-ating the registry, the adult progeny, or theparent or guardian of minor progeny, of a

deceased adoptee, a deceased genetic siblingof an adoptee or a deceased birth parent ofan adoptee may register to have specificidentifying and contact information disclosedby submitting a signed affidavit containingthe information listed in ORS 109.465 and astatement of the registrant’s willingness tobe identified to other relevant persons whoregister.

(3) An adoptee, or the parent or guardianof a minor adoptee, may register to havespecific identifying information disclosed toIndian tribes or to governmental agencies inorder to establish the adoptee’s eligibility fortribal membership or for benefits or to aperson settling an estate. The informationshall be limited to a true copy of documentsthat prove the adoptee’s lineage. Informationdisclosed in accordance with this subsectionshall not be disclosed to the adoptee or theparent or guardian of the minor adoptee bythe registry or employee or agency operatinga registry nor by the Indian tribe, govern-mental agency or person receiving the infor-mation.

(4) Registration under this section by theparent or guardian of a minor adoptee or ofa minor genetic sibling of an adoptee expireswhen the minor reaches 18 years of age. Theadoptee or sibling must reregister with aregistry as an adult in accordance with thissection for identifying information to be re-leased to relevant persons who are regis-tered. If the adoptee or sibling reregisters,the registration fee will be waived.

(5) Except as otherwise provided in ORS109.503, a registry or employee or the agencyoperating a registry shall not contact or inany other way solicit any adoptee or birthparent to register with the registry. [1983 c.672§8; 1989 c.372 §6; 1993 c.410 §10; 1997 c.442 §4; 2013 c.366§57; 2015 c.200 §4]


109.465 Content of affidavit; notice ofchange in information. (1) The affidavit re-quired under ORS 109.460 shall contain:

(a) The current name and address of theregistrant and, where the registrant is theparent or guardian of a minor adoptee or ofa minor genetic sibling of an adoptee, thecurrent name and address of the minoradoptee or sibling;

(b) Any previous name by which the reg-istrant and, where applicable, the minor, wasknown;

(c) The original or adopted names of theadopted child;

(d) The place and date of birth of theadopted child, if known; and

(e) The name and address of the agency,if known.



(2) The registrant shall notify the regis-try of any change in name or address thatoccurs after the registrant registers. Uponregistering, the registry shall inform theregistrant that the registrant has the re-sponsibility to notify the registry of a changein address. The registry is not required tosearch for a registrant who fails to notify theregistry of a change in address.

(3) A registrant may cancel theregistrant’s registration at any time by giv-ing the registry written notice of theregistrant’s desire to cancel. [1983 c.672 §9; 2015c.200 §5]


109.470 Continuing registration bybirth parent or putative father; reregis-tration by minor as adult; fee. (1) Whenan adoptee reaches age 18, a birth parent ofthe adoptee, if the birth parent registeredwith the registry before the adoptee was age18, shall notify the registry in writing onlyif the birth parent does not desire to con-tinue the registration.

(2) When an adoptee reaches age 18, aputative father of the adoptee, if the putativefather registered with the registry before theadoptee was age 18, shall notify the registryin writing only if the putative father doesnot desire to continue the registration.

(3) When an adoptee or genetic siblingof an adoptee reaches age 18, the adoptee orsibling, if the parent or guardian of theadoptee or sibling registered with the regis-try before the adoptee or sibling was age 18,must reregister with the registry as an adultin accordance with ORS 109.460. If theadoptee or sibling reregisters, the registra-tion fee will be waived.

(4) A registry shall notify a birth parent,putative father or parent or guardian of aminor adoptee or of a minor genetic siblingof an adoptee of this requirement when thebirth parent, putative father or parent orguardian initially registers. [1983 c.672 §10; 1989c.372 §3; 1997 c.442 §5; 1999 c.650 §1; 2015 c.200 §6]


109.475 Processing affidavits; notifica-tion of match. (1) Upon receipt of the affi-davit under ORS 109.460, the registry shallprocess each affidavit in an attempt to matchthe adoptee, the birth parent, the putativefather, the genetic siblings, the progeny of adeceased adoptee, a deceased genetic siblingof an adoptee or a deceased birth parent ofan adoptee, the adoptive parent of a deceasedadoptee or the parents or adult sibling of adeceased birth parent. The processing shallinclude research from agency records, and ifnecessary from court records, to determinewhether the registrants match.

(2) If the registry determines there is amatch and if the relevant persons have reg-istered with the registry and received thecounseling required by ORS 109.480, notifi-cation of the match may be given by a regis-try to only:

(a) A birth parent of an adult adoptee;(b) An adult adoptee;(c) The parent or guardian of a minor

adoptee or of a minor genetic sibling of anadoptee;

(d) The adult genetic siblings of an adultadoptee;

(e) At the discretion of the agency oper-ating the registry, parents or adult siblingsof the birth parent if the birth parent is de-ceased;

(f) At the discretion of the agency oper-ating the registry, the adoptive parent of adeceased adoptee; or

(g) At the discretion of the agency oper-ating the registry, the adult progeny, or theparent or guardian of minor progeny, of adeceased adoptee, a deceased genetic siblingof an adoptee or a deceased birth parent ofan adoptee for the purposes set forth in ORS109.460 (2).

(3) Notification of a match to the rele-vant parties shall be made through a directand confidential contact. [1983 c.672 §11; 1997c.442 §6; 2015 c.200 §7]


109.480 Counseling of registrant. (1)Upon the determination of a match but be-fore identifying information is disclosed, theregistrant shall, at the discretion of theagency operating the registry, participate incounseling with a person employed or ap-proved by the registry.

(2) The counseling required under sub-section (1) of this section shall place an em-phasis on an evaluation of the need for andthe effect of the information or contact onthe genetic family members and the relation-ships within the adoptive family. [1983 c.672§12; 2015 c.200 §8]


109.485 Registry information to bemaintained permanently. Any affidavitsfiled and other information collected by aregistry shall be permanently maintained.[1983 c.672 §13]


109.490 Limits on releasing informa-tion. A registry shall release only informa-tion necessary for identifying a birth parent,a putative father, an adult adoptee, an adultgenetic sibling, the adult progeny, or theparent or guardian of minor progeny, of adeceased adoptee, a deceased genetic siblingof an adoptee or a deceased birth parent of



an adoptee, or the county in which an adop-tion was finalized. A registry may not releaseinformation of any kind pertaining to:

(1) The adoptive parents, except for anadoptive parent of a minor adoptee when theadoptive parent has registered in accordancewith ORS 109.460;

(2) The siblings of the adult adoptee whoare children of the adoptive parents; and

(3) The income of any person. [1983 c.672§14; 1997 c.442 §7; 2015 c.200 §9]


109.495 Registrant fee. Costs of estab-lishing and maintaining a registry may bemet through reasonable fees charged to allpersons who register. [1983 c.672 §15; 1999 c.650§2]


109.500 Genetic, social and health his-tory; availability; fee. (1) A genetic and so-cial history and health history whichexcludes information identifying any birthparent or putative father, member of a birthparent’s or putative father’s family, theadoptee or the adoptive parents of theadoptee, may be provided, if available, froman agency upon request to the following per-sons:

(a) The adoptive parents of the child orthe 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 theguardian of any child of the adoptee; or

(B) Any progeny of the adoptee who is 18years of age or older.

(2) The medical history part of the reportmentioned in subsection (1) of this sectionmay be in the form prescribed by the De-partment of Human Services under ORS109.342.

(3) The agency may charge the personrequesting the information requested undersubsection (1) of this section the actual costof providing such information. [1983 c.672 §16;1989 c.372 §4; 1997 c.442 §8]


109.502 Search for birth parents, pu-tative father, genetic siblings or countywhere adoption finalized; who may initi-ate; information required; fee. (1)(a) Anadult adoptee or the adoptive parent of aminor or deceased adoptee may request theDepartment of Human Services or the Ore-gon licensed adoption agency that facilitatedthe adoption to conduct a search for theadoptee’s birth parents, putative father or,

except as otherwise provided in ORS 109.504(2), for the adoptee’s genetic siblings, or forthe county in which an adoption was final-ized.

(b)(A) Except as provided in subpara-graph (B) of this paragraph, a birth parent,an adult genetic sibling of an adoptee or theparent or adult sibling of a deceased birthparent may request the department or theOregon licensed adoption agency that facili-tated the adoption to conduct a search for anadult adoptee whom the birth parent relin-quished for adoption.

(B) A birth parent may request a searchfor an adult adoptee only if the adult adopteedoes not have any genetic siblings in thesame adoptive family as the adult adoptee’sadoptive family who are under 18 years ofage.

(c) A birth parent may request and, inthe discretion of the department or the Ore-gon licensed adoption agency that facilitatedthe adoption, the department or agency mayconduct a search for the county in which theadoption was finalized.

(d) A person requesting a search underparagraph (a) or (b) of this subsection:

(A) Must be registered with a registryunless the request is only to search for thecounty in which an adoption was finalized;and

(B) Shall direct the request for thesearch to the Oregon licensed adoptionagency that facilitated the adoption or, ifunknown, to the department. If the Oregonlicensed adoption agency that facilitated theadoption is not conducting searches or is notauthorized by the department to conductsearches, the person shall direct the requestto the department.

(2) The department or an agency maydelegate to or contract with a third partyindividual or entity to conduct searches un-der this section.

(3) At the time of a request to conduct asearch under this section, the requester shallprovide the department or the Oregon li-censed adoption agency that facilitated theadoption with:

(a) Such information as the departmentor the Oregon licensed adoption agency re-quires; and

(b) Payment of a fee established by ruleunder ORS 109.506. [1993 c.410 §3; 1995 c.730 §12;1997 c.442 §9; 2015 c.200 §10]


109.503 Access to adoption records forsearch; duties of searcher. (1) When theDepartment of Human Services, an Oregonlicensed adoption agency or a third party in-dividual or entity to whom the department



or agency has delegated, or with whom thedepartment or agency has contracted, toconduct searches under ORS 109.502 is re-quested to conduct a search under ORS109.502, the department, agency or thirdparty individual or entity may examineadoption records maintained by the depart-ment and by private adoption agencies underORS 109.435. However, the department,agency or third party individual or entitymay examine the adoption records of a pri-vate adoption agency only if the privateadoption agency allows the examination. Thedepartment, agency or third party individualor entity shall keep the records and infor-mation located in the records confidential.

(2) If the department, agency or thirdparty individual or entity is able to identifyand locate the person being sought, the de-partment, agency or third party individual orentity shall make a confidential inquiry ofthat person to determine whether the personwishes to make contact with the person re-questing the search. If the reason the personis requesting the search is because there isa serious medical condition in the person’simmediate family that is, or may be, aninheritable condition and the person beingsought is biologically related to the ill per-son, the department, agency or third partyindividual or entity shall inform the personbeing sought of that fact.

(3) If the department, agency or thirdparty individual or entity is able to identifythe county in which an adoption was final-ized, in the discretion of the department,agency or third party individual or entity,the identity of the county may be disclosedto an adult adoptee, the parent or guardianof a minor adoptee, or to a birth parent.

(4)(a) If the person being sought wishesto make contact with the person requestingthe search, the department, agency or thirdparty individual or entity shall:

(A) Tell the person about the voluntaryadoption registry under ORS 109.425 to109.507 and that any contact will be madethrough the registry and its provisions andshall give the person any information andforms necessary to register;

(B) Notify the voluntary adoption regis-try that the person being sought has beenidentified and located and has indicated thatthe person wishes to make contact; and

(C) Return all materials and informationobtained during the search to the departmentor agency responsible for maintaining theinformation.

(b) If the person being sought has indi-cated a wish to make contact and has notregistered with the voluntary adoption regis-try within 90 days after the confidential in-

quiry was made, the department, agency orthird party individual or entity, where prac-ticable, shall contact the person to offerforms and materials to register and to deter-mine if the person still intends to register.

(5) If the person being sought does notwish to make contact with the person re-questing the search, the department, agencyor third party individual or entity shall:

(a) Tell the person about the voluntaryadoption registry under ORS 109.425 to109.507;

(b) Notify the voluntary adoption registrythat the person being sought has been iden-tified, located and has indicated that theperson does not wish to make contact; and

(c) Return all materials and informationobtained during the search to the departmentor agency responsible for maintaining theinformation.

(6) If the department, agency or thirdparty individual or entity is unable to iden-tify and locate the person being sought, thedepartment, agency or third party individualor entity shall notify the voluntary adoptionregistry of that fact.

(7) Upon receiving notice under subsec-tion (4)(a)(B), (5)(b) or (6) of this section, thevoluntary adoption registry shall:

(a) Enter the information into its records;and

(b) Notify the person requesting thesearch only that the person being sought hasor has not been located, and either:

(A) Has indicated a wish to make contactand has been given information and formsnecessary to register; or

(B) Has indicated a wish not to makecontact. [1993 c.410 §4; 1995 c.79 §43; 1995 c.730 §13;1997 c.442 §10; 2015 c.200 §11]


109.504 Effect on subsequent searcheswhen person sought in initial search re-fuses contact; other restrictions onsearches. (1) If an adult adoptee or theadoptive parent of a minor or deceasedadoptee has initiated a search under ORS109.502, the fact that the person being soughtin the original search does not wish to makecontact does not prevent the adult adopteeor the adoptive parent from requesting an-other search for a birth parent or putativefather not previously contacted.

(2) An adult adoptee or the adoptive par-ent of a minor or deceased adoptee may notrequest a search for a minor genetic siblingof the adoptee if the parental rights of thebirth parent to the minor genetic siblinghave not been terminated by death or other-wise and the adoptee and the minor geneticsibling share that same birth parent.



(3) The adult adoptee or adoptive parentof a minor or deceased adoptee shall requestthe search by repeating the process set outin ORS 109.502 and by paying the fees estab-lished by the Department of Human Servicespursuant to ORS 109.506. [1993 c.410 §5; 1997 c.442§11; 2015 c.200 §12]


109.505 Support services; adoption andreunion issues. Information about agencyand community resources regarding psycho-logical issues in adoption and reunion shallbe provided:

(1) By the Department of Human Ser-vices, an Oregon licensed adoption agency ora third party individual or entity to all per-sons requesting a search under ORS 109.502;and

(2) By the department, an Oregon li-censed adoption agency or a third party in-dividual or entity only to those persons thedepartment, an Oregon licensed adoptionagency or a third party individual or entityidentifies and locates as the result of asearch under ORS 109.502 and who expressa wish to receive information. [1993 c.410 §6;1995 c.730 §14; 2015 c.200 §13]


109.506 Rulemaking; fees. The Depart-ment of Human Services by rule shall estab-lish:

(1) Eligibility standards for Oregon li-censed adoption agencies and third party in-dividuals and entities that contract with thedepartment or with an Oregon licensedadoption agency to conduct searches underORS 109.502;

(2) Standards of conduct for Oregon li-censed adoption agencies and third party in-dividuals and entities that contract with thedepartment or with an Oregon licensedadoption agency to conduct searches underORS 109.502;

(3) Contracting procedures for Oregon li-censed adoption agencies and third party in-dividuals and entities that contract toconduct searches under ORS 109.502;

(4) Search procedures to be followed byOregon licensed adoption agencies and thirdparty individuals and entities that conductsearches under ORS 109.502; and

(5) Fees to be paid by persons requestinga search under ORS 109.502. Fees authorizedunder this section include:

(a) A fee to be paid to the department,an Oregon licensed adoption agency or athird party individual or entity to cover allcosts incurred in the search; and

(b) A fee to be paid to the department,an Oregon licensed adoption agency or athird party individual or entity to cover the

administrative costs incurred in administer-ing the search program. [1993 c.410 §7; 1995 c.730§15; 1999 c.650 §3; 2015 c.200 §14]


109.507 Access to Department of Hu-man Services records required; access toprivate agency records discretionary. (1)The Department of Human Services shall al-low an Oregon licensed adoption agency ora third party individual or entity with whomthe department or agency has contracted toexamine confidential adoption records main-tained by the department as part of a searchconducted under ORS 109.502.

(2) A private adoption agency may allowthe department, an Oregon licensed adoptionagency or a third party individual or entityto examine confidential adoption recordsmaintained by the agency as part of a searchconducted under ORS 109.502. [1993 c.410 §8;1995 c.730 §16; 2015 c.200 §15]


AGE OF MAJORITY109.510 Age of majority. Except as pro-

vided in ORS 109.520, in this state any per-son shall be deemed to have arrived atmajority at the age of 18 years, and thereaf-ter shall:

(1) Have control of the person’s own ac-tions and business; and

(2) Have all the rights and be subject toall the liabilities of a citizen of full age.[Amended by 1973 c.827 §14; 2005 c.22 §91]

109.520 Majority of married persons.Except as provided in ORS 653.010, all per-sons shall be deemed to have arrived at theage of majority upon their being married ac-cording to law. [Amended by 1953 c.343 §2; 1957c.710 §12; 1973 c.827 §15]

109.550 [1977 c.525 §2; 1993 c.33 §293; repealed by1993 c.546 §141]

109.555 [1977 c.525 §3; 1979 c.266 §2; 1993 c.33 §294;repealed by 1993 c.546 §141]

109.560 [1977 c.525 §4; 1993 c.33 §295; repealed by1993 c.546 §141]

109.565 [1977 c.525 §5; repealed by 1993 c.546 §141]

RELATIVE CAREGIVERS109.570 Legislative findings. The Legis-

lative Assembly finds that:(1) Current economic and cultural cir-

cumstances are such that relatives of minorchildren are playing an increasing role inensuring the health, safety and education ofminor children who, for many reasons, can-not live with and are not being cared for bytheir parents or guardians, and for whom le-gal proceedings have not been initiated orundertaken to establish legal guardianshipsor placements under the laws of this state.



(2) Relatives of minor children are fre-quently asked, with minimal notice, to pro-vide housing and health care, and to makeeducational decisions, for minor childrenwho are left in their care.

(3) Relative caregivers frequently facebarriers to obtaining necessary and appropri-ate medical treatment and educational ser-vices for minor children left in their care.

(4) These barriers pose a significantchallenge to relative caregivers in dealingwith health care providers and schools, andpose a substantial threat to the health, safetyand welfare of minor children in this state.

(5) It is necessary to provide legal au-thority for relative caregivers to access nec-essary and appropriate medical treatmentand educational services for minor childrenwho are left in the relative caregivers’ careand who are without legal parents or guard-ians who can otherwise provide for them.[2013 c.231 §1]


109.572 Definitions for ORS 109.570 to109.580. As used in ORS 109.570 to 109.580:

(1) “Educational services” means enroll-ment of a minor child in a school to whichthe minor child has been or will be acceptedfor attendance and participation in anyschool activities, including extracurricularactivities.

(2) “Health care facility” means any fa-cility that provides medical treatment.

(3) “Health care provider” means a per-son who is licensed, certified, registered orotherwise authorized by law in this state toadminister medical treatment in the practiceof a health care profession or at a healthcare facility, and includes a health care fa-cility.

(4) “Medical treatment” means devel-opmental screening, mental health screeningand treatment, ordinary and necessary med-ical, dental and optical examination andtreatment and preventive care including or-dinary immunizations, tuberculin testing andwell-child care, and includes the examinationfor and treatment of any injury, symptom,disease or pathology that is, in the judgmentof the treating health care provider, reason-ably necessary.

(5) “Legal parent or guardian” means theparent or guardian of a minor child, a personwith rights established under ORS 109.119 ora person to whom powers have been deleg-ated under ORS 109.056.

(6) “Relative caregiver” means a compe-tent adult who is 18 years of age or older,

who is related to a minor child by blood,marriage or adoption, who is not the legalparent or guardian and who represents in theaffidavit described in ORS 109.580 that theminor child lives with the adult and that theadult is responsible for the care of the minorchild. [2013 c.231 §2]


109.575 Authority of relative caregiverto consent to medical treatment and ed-ucational services for minor child; liabil-ity for payment; expiration of authority.(1) A relative caregiver acting pursuant toan affidavit under ORS 109.580 may consentto medical treatment and educational ser-vices for a minor child that a minor childcannot otherwise legally consent to if, afterreasonable efforts have been made to obtainthe consent of the legal parent or guardianto the treatment or services, the consent ofthe legal parent or guardian cannot be ob-tained.

(2) A relative caregiver providing consentunder this section is liable to the health careprovider or school for payment for any med-ical treatment or educational services pro-vided to a minor child pursuant to theconsent.

(3) The consent of a relative caregiverunder this section shall be superseded by anycontravening decision of the legal parent orguardian, provided the decision does notthreaten the life, health or safety of the mi-nor child.

(4) If the minor child stops living withthe relative caregiver, the relative caregivershall immediately notify any health careprovider or school that has been given anaffidavit under ORS 109.580. The affidavit isinvalid immediately upon receipt by thehealth care provider or school of the noticeunder this subsection.

(5) An affidavit under ORS 109.580 ex-pires one year after the date it is given to ahealth care provider or school by a relativecaregiver. If the date the affidavit is given toa health care provider or school is unknownor uncertain, it shall expire one year afterthe date the relative caregiver signs the affi-davit.

(6)(a) A health care provider or schoolmay, but is not required to, rely on the re-presentations or affidavit of a person claim-ing to be a relative caregiver if the healthcare provider or school does not have actualnotice of the falsity of any of the statementsor documentation made or provided by theperson claiming to be a relative caregiver.

(b) Upon receipt of a valid affidavit asdescribed in ORS 109.580, a health care pro-vider or school may, but is not required to,request documentation of a person’s claimed



status as a relative caregiver and of attemptsmade to obtain the consent of the legal par-ent or guardian.

(7) A relative caregiver acting in goodfaith with reasonable grounds to provideconsent for medical treatment or educationalservices pursuant to an affidavit under ORS109.580 is not subject to criminal or civil li-ability that might otherwise be incurred orimposed for giving consent to the medicaltreatment or educational services.

(8) Nothing in this section relieves a le-gal parent or guardian of liability for pay-ment for medical treatment or educationalservices provided to a minor child pursuantto the valid consent of a relative caregiverunder this section. [2013 c.231 §3]


109.580 Relative caregiver affidavit. Arelative caregiver affidavit given to a healthcare provider or school is invalid unless it issigned and contains, at a minimum, the fol-lowing information:

(1) The name of the minor child;(2) The minor child’s date of birth;(3) The relative caregiver’s name and

date of birth and the address at which therelative caregiver lives with the minor child;

(4) The relationship of the relativecaregiver to the minor child;

(5) The Oregon driver license or identifi-cation card number of the relative caregiver;

(6) The contact information of the legalparent or guardian;

(7) A description of any attempts that therelative caregiver has made to advise the le-gal parent or guardian of the relativecaregiver’s intent to consent to medicaltreatment or educational services for the mi-nor child, and of any response to the relativecaregiver provided by the legal parent orguardian;

(8) If applicable, the reason why the rel-ative caregiver is unable to contact the legalparent or guardian to advise the legal parentor guardian of the relative caregiver’s intentto consent to medical treatment or educa-tional services for the minor child;

(9) The date the relative caregiver signedthe affidavit; and

(10) A declaration under penalty of per-jury that the named minor child lives withthe relative caregiver, that the relativecaregiver is a competent adult and 18 yearsof age or older and that the information pro-vided in the affidavit is true and correct.[2013 c.231 §4]


RIGHTS OF MINORS109.610 Right to care for certain dis-

eases without parental consent. (1) Not-withstanding any other provision of law, aminor who may have come into contact withany venereal disease, including HIV, maygive consent to the furnishing of hospital,medical or surgical care related to the diag-nosis or treatment of such disease, if thedisease or condition is one which is requiredby law or regulation adopted pursuant to lawto be reported to a state or local healthagency or officer. Such consent shall not besubject to disaffirmance because of minority.

(2) The consent of the parent, parents, orlegal guardian of such minor shall not benecessary to authorize such hospital, medicalor surgical care and without having givenconsent the parent, parents, or legal guard-ian shall not be liable for payment for anysuch care rendered. [Formerly 109.105; 1977 c.303§1; 2012 c.26 §5; 2015 c.736 §48]

109.620 [Formerly 109.115; repealed by 1973 c.827§83]

109.630 [1971 c.726 §1; 1973 c.454 §1; repealed by 1973c.827 §83]

109.640 Right to medical or dentaltreatment without parental consent; pro-vision of birth control information andservices to any person. (1) A physician,physician assistant licensed under ORS677.505 to 677.525, nurse practitioner li-censed under ORS 678.375 to 678.390 or na-turopathic physician licensed under ORSchapter 685 may provide birth control infor-mation and services to any person withoutregard to the age of the person.

(2) A minor 15 years of age or older maygive consent, without the consent of a parentor guardian of the minor, to:

(a) Hospital care, medical or surgical di-agnosis or treatment by a physician licensedby the Oregon Medical Board or a naturo-pathic physician licensed under ORS chapter685, and dental or surgical diagnosis ortreatment by a dentist licensed by the Ore-gon Board of Dentistry, except as providedby ORS 109.660.

(b) Diagnosis or treatment by a physicianassistant who is licensed under ORS 677.505to 677.525 and who is acting pursuant to apractice agreement as defined in ORS677.495.

(c) Diagnosis and treatment by a nursepractitioner who is licensed by the OregonState Board of Nursing under ORS 678.375and who is acting within the scope of prac-tice for a nurse practitioner.

(d) Except when the minor is obtainingcontact lenses for the first time, diagnosisand treatment by an optometrist who is li-censed by the Oregon Board of Optometry



under ORS 683.010 to 683.340 and who isacting within the scope of practice for anoptometrist. [1971 c.381 §1; 2005 c.471 §7; 2010 c.91§1; 2014 c.45 §11; 2017 c.356 §4]

109.650 Disclosure without minor’sconsent and without liability. A hospitalor a physician, physician assistant, nursepractitioner, naturopathic physician, dentistor optometrist described in ORS 109.640 mayadvise a parent or legal guardian of a minorof the care, diagnosis or treatment of theminor or the need for any treatment of theminor, without the consent of the minor, andis not liable for advising the parent or legalguardian without the consent of the minor.[1971 c.381 §2; 2005 c.471 §8; 2010 c.91 §2; 2014 c.45 §12;2017 c.356 §5]

109.660 Construction. The provisions ofORS 109.640, 109.650 and this section do notamend or supersede the provisions of ORS109.610 or 435.435. [1971 c.381 §3; 1973 c.827 §16]

109.670 Right to donate blood. (1) Anyperson 16 years of age or over may donateblood to any blood program without obtain-ing permission of a parent or guardian.

(2) As used in subsection (1) of this sec-tion, “blood program” means any voluntaryand noncompensatory program for the draw-ing of blood which is approved by the Amer-ican Association of Blood Banks or theAmerican Red Cross. [1977 c.533 §1]


109.672 Certain persons immune fromliability for providing care to minor. (1)No person licensed, certified or registered topractice a health care profession or healthcare facility shall be liable for damages inany civil action arising out of the failure ofthe person or facility to obtain the consentof a parent to the giving of medical care ortreatment to a minor child of the parent ifconsent to the care has been given by theother parent of the child.

(2) The immunity provided by subsection(1) of this section shall apply regardless ofwhether:

(a) The parents are married, unmarriedor separated at the time of consent or treat-ment.

(b) The consenting parent is, or is not, acustodial parent of the minor.

(c) The giving of consent by only oneparent is, or is not, in conformance with theterms of any agreement between the parents,any custody order or any judgment of dissol-ution or separation.

(3) The immunity created by subsection(1) of this section shall not apply if the par-

ental rights of the parent who gives consenthave been terminated pursuant to ORS419B.500 to 419B.524.

(4) For the purposes of this section,“health care facility” means a facility as de-fined in ORS 442.015 or any other entityproviding medical service. [Formerly 109.133; 1993c.33 §296; 2003 c.576 §158]

109.675 Right to diagnosis or treat-ment for mental or emotional disorderor chemical dependency without parentalconsent. (1) A minor 14 years of age or oldermay obtain, without parental knowledge orconsent, outpatient diagnosis or treatment ofa mental or emotional disorder or a chemicaldependency, excluding methadone mainte-nance, by a physician or physician assistantlicensed by the Oregon Medical Board, apsychologist licensed by the Oregon Boardof Psychology, a nurse practitioner registeredby the Oregon State Board of Nursing, aclinical social worker licensed by the StateBoard of Licensed Social Workers, a profes-sional counselor or marriage and familytherapist licensed by the Oregon Board ofLicensed Professional Counselors and Thera-pists, a naturopathic physician licensed bythe Oregon Board of Naturopathic Medicineor a community mental health program es-tablished and operated pursuant to ORS430.620 when approved to do so by the Ore-gon Health Authority pursuant to rule.

(2) However, the person providing treat-ment shall have the parents of the minor in-volved before the end of treatment unless theparents refuse or unless there are clear clin-ical indications to the contrary, which shallbe documented in the treatment record. Theprovisions of this subsection do not apply to:

(a) A minor who has been sexuallyabused by a parent; or

(b) An emancipated minor, whetheremancipated under the provisions of ORS109.510 and 109.520 or 419B.550 to 419B.558or, for the purpose of this section only,emancipated by virtue of having lived apartfrom the parents or legal guardian while be-ing self-sustaining for a period of 90 daysprior to obtaining treatment as provided bythis section. [1985 c.525 §1; 1989 c.721 §47; 1993 c.546§137; 1997 c.249 §38; 2009 c.442 §30; 2009 c.595 §71; 2013c.178 §1; 2014 c.45 §13; 2017 c.6 §1; 2017 c.356 §6]

109.680 Disclosure without minor’sconsent; civil immunity. A physician, phy-sician assistant, psychologist, nurse practi-tioner, clinical social worker licensed underORS 675.530, professional counselor or mar-riage and family therapist licensed by theOregon Board of Licensed ProfessionalCounselors and Therapists, naturopathicphysician licensed under ORS chapter 685 orcommunity mental health program describedin ORS 109.675 may advise the parent or



parents or legal guardian of a minor de-scribed in ORS 109.675 of the diagnosis ortreatment whenever the disclosure is clin-ically appropriate and will serve the best in-terests of the minor’s treatment because theminor’s condition has deteriorated or therisk of a suicide attempt has become suchthat inpatient treatment is necessary, or theminor’s condition requires detoxification ina residential or acute care facility. If suchdisclosure is made, the physician, physicianassistant, psychologist, nurse practitioner,clinical social worker licensed under ORS675.530, professional counselor or marriageand family therapist licensed by the OregonBoard of Licensed Professional Counselorsand Therapists, naturopathic physician li-censed under ORS chapter 685 or communitymental health program shall not be subjectto any civil liability for advising the parent,parents or legal guardian without the con-sent of the minor. [1985 c.525 §2; 1989 c.721 §48;2009 c.442 §31; 2009 c.595 §72; 2013 c.178 §2; 2014 c.45 §14;2017 c.356 §7]

109.685 Immunity from civil liabilityfor person providing treatment or diag-nosis. A physician, physician assistant, psy-chologist, nurse practitioner, clinical socialworker licensed under ORS 675.530, profes-sional counselor or marriage and familytherapist licensed by the Oregon Board ofLicensed Professional Counselors and Thera-pists, naturopathic physician licensed underORS chapter 685 or community mentalhealth program described in ORS 109.675who in good faith provides diagnosis ortreatment to a minor as authorized by ORS109.675 shall not be subject to any civil li-ability for providing such diagnosis or treat-ment without consent of the parent or legalguardian of the minor. [1985 c.525 §3; 1989 c.721§49; 2009 c.442 §32; 2009 c.595 §73; 2013 c.178 §3; 2014 c.45§15; 2017 c.356 §8]

109.690 Parent or guardian not liablefor payment under ORS 109.675. If diagno-sis or treatment services are provided to aminor pursuant to ORS 109.675 without con-sent of the minor’s parent or legal guardian,the parent, parents or legal guardian of theminor shall not be liable for payment for anysuch services rendered. [1985 c.525 §4]

109.695 Rules for implementation ofORS 109.675 to 109.695. For the purpose ofcarrying out the policy and intent of ORS109.675 to 109.695 while taking into accountthe respective rights of minors at risk ofchemical dependency or mental or emotionaldisorder and the rights and interests of par-ents or legal guardians of such minors, theOregon Health Authority shall adopt rulesfor the implementation of ORS 109.675 to109.695 by community mental health pro-grams approved to do so. Such rules shallprovide for the earliest feasible involvement

of the parents or guardians in the treatmentplan consistent with clinical requirements ofthe minor. [1985 c.525 §5; 2009 c.595 §74]

109.697 Right to contract for dwellingunit and utilities without parental con-sent. (1) The Legislative Assembly finds thatthere are in the State of Oregonunemancipated minors who are living apartfrom their parents and are homeless. Manyof these minors are able financially to pro-vide housing and utility services for them-selves and their children, but cannotcontract for these necessities due to per-ceived legal limitations affecting contractswith minors. The purpose of this legislationis to address those limitations.

(2) For purposes of this section, “minor”means an unemancipated and unmarried per-son who is living apart from the person’sparent, parents or legal guardian, and who iseither:

(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 thephysical custody of the person; or

(c) Under 16 years of age, pregnant andexpecting the birth of a child who will beliving in the physical custody of the person.

(3) Notwithstanding any other provisionof law, a minor may contract for the neces-sities of a residential dwelling unit and forutility services to that unit. Such a contractis binding upon the minor and cannot bevoided or disaffirmed by the minor basedupon the minor’s age or status as a minor.

(4) The consent of the parent or legalguardian of such minor shall not be neces-sary to contract for a residential dwellingunit or utility services to that unit. The par-ent or legal guardian of such minor shall notbe liable under a contract by that minor fora residential dwelling unit or for utility ser-vices to that unit unless the parent orguardian is a party to the minor’s contract,or enters another contract, for the purposeof acting as guarantor of the minor’s debt.[1993 c.369 §29]

109.700 [1973 c.375 §25; repealed by 1999 c.649 §55]

UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT

(General Provisions)109.701 Short title. ORS 109.701 to

109.834 may be cited as the Uniform ChildCustody Jurisdiction and Enforcement Act.[1999 c.649 §1]




109.704 Definitions for ORS 109.701 to109.834. As used in ORS 109.701 to 109.834:

(1) “Abandoned” means left without pro-vision for reasonable and necessary care orsupervision.

(2) “Child” means an individual who hasnot attained 18 years of age.

(3) “Child custody determination” meansa judgment or other order of a court provid-ing for the legal custody, physical custody,parenting time or visitation with respect toa child. “Child custody determination” in-cludes a permanent, temporary, initial andmodification order. “Child custody determi-nation” does not include an order relating tochild support or other monetary obligationof an individual.

(4) “Child custody proceeding” means aproceeding in which legal custody, physicalcustody, parenting time or visitation withrespect to a child is an issue. “Child custodyproceeding” includes a proceeding for di-vorce, separation, neglect, abuse, depend-ency, guardianship, parentage, terminationof parental rights and protection from do-mestic violence in which the issue may ap-pear. “Child custody proceeding” does notinclude a proceeding involving juvenile de-linquency, contractual emancipation or en-forcement under ORS 109.774 to 109.827.

(5) “Commencement” means the filing ofthe first pleading in a proceeding.

(6) “Court” means an entity authorizedunder the law of a state to establish, enforceor modify a child custody determination.

(7) “Home state” means the state inwhich a child lived with a parent or a personacting as a parent for at least six consec-utive months immediately before the com-mencement of a child custody proceeding. Inthe case of a child less than six months ofage, “home state” means the state in whichthe child lived from birth with any of thepersons mentioned. Any temporary absenceof any of the mentioned persons is part ofthe period.

(8) “Initial determination” means thefirst child custody determination concerninga particular child.

(9) “Issuing court” means the court thatmakes a child custody determination forwhich enforcement is sought under ORS109.701 to 109.834.

(10) “Issuing state” means the state inwhich a child custody determination is made.

(11) “Modification” means a child cus-tody determination that changes, replaces,supersedes or is otherwise made after a pre-vious determination concerning the samechild, whether or not it is made by the courtthat made the previous determination.

(12) “Person” means an individual, cor-poration, public corporation, business trust,estate, trust, partnership, limited liabilitycompany, association, joint venture, govern-ment or a governmental subdivision, agencyor instrumentality, or any other legal orcommercial entity.

(13) “Person acting as a parent” means aperson, other than a parent, who:

(a) Has physical custody of the child orhas had physical custody for a period of sixconsecutive months, including any temporaryabsence, within one year immediately beforethe commencement of a child custody pro-ceeding; and

(b) Has been awarded legal custody by acourt or claims a right to legal custody un-der the law of this state.

(14) “Physical custody” means the phys-ical care and supervision of a child.

(15) “State” means a state of the UnitedStates, the District of Columbia, Puerto Rico,the United States Virgin Islands or any ter-ritory or insular possession subject to thejurisdiction of the United States.

(16) “Tribe” means an Indian tribe orband, or Alaskan Native village, that is re-cognized by federal law or formally acknowl-edged by a state.

(17) “Warrant” means an order issued bya court authorizing law enforcement officersto take physical custody of a child. [1999 c.649§2; 2003 c.576 §159; 2017 c.651 §34]


109.707 Proceedings governed by otherlaw. ORS 109.701 to 109.834 do not govern aproceeding pertaining to the authorization ofemergency medical care for a child. [1999 c.649§3]

Note: See note under 109.701.109.710 [1973 c.375 §2; 1997 c.707 §23; repealed by

1999 c.649 §55]

109.711 Application to Indian tribes.(1) A child custody proceeding that pertainsto an Indian child as defined in the IndianChild Welfare Act (25 U.S.C. 1901 et seq.), isnot subject to ORS 109.701 to 109.834 to theextent that the proceeding is governed by theIndian Child Welfare Act.

(2) A court of this state shall treat atribe as if it were a state of the UnitedStates for the purpose of applying ORS109.701 to 109.771.

(3) A child custody determination madeby a tribe under factual circumstances insubstantial conformity with the jurisdictionalstandards of ORS 109.701 to 109.834 must berecognized and enforced under ORS 109.774to 109.827. [1999 c.649 §4]




109.714 International application ofORS 109.701 to 109.834. (1) A court of thisstate shall treat a foreign country as if itwere a state of the United States for thepurpose of applying ORS 109.701 to 109.771.

(2) Except as otherwise provided in sub-section (3) of this section, a child custodydetermination made in a foreign country un-der factual circumstances in substantial con-formity with the jurisdictional standards ofORS 109.701 to 109.834 must be recognizedand enforced under ORS 109.774 to 109.827.

(3) A court of this state need not applyORS 109.701 to 109.834 if the child custodylaw of a foreign country violates fundamentalprinciples of human rights. [1999 c.649 §5]


109.717 Effect of child custody deter-mination. A child custody determinationmade by a court of this state that has juris-diction under ORS 109.701 to 109.834 bindsall persons who have been served in accor-dance with the laws of this state or notifiedin accordance with ORS 109.724 or who havesubmitted to the jurisdiction of the court,and who have been given an opportunity tobe heard. As to those persons, the determi-nation is conclusive as to all decided issuesof law and fact except to the extent the de-termination is modified. [1999 c.649 §6]

Note: See note under 109.701.109.720 [1973 c.375 §§1,23; repealed by 1999 c.649 §55]

109.721 Priority. If a question of exist-ence or exercise of jurisdiction under ORS109.701 to 109.834 is raised in a child custodyproceeding, the question, upon request of aparty, must be given priority on the calendarand handled expeditiously. [1999 c.649 §7]


109.724 Notice to persons outsidestate. (1) Notice required for the exercise ofjurisdiction when a person is outside thisstate may be given in a manner prescribedby the law of this state for service of processor by the law of the state in which the ser-vice is made. Notice must be given in amanner reasonably calculated to give actualnotice but may be by publication if othermeans are not effective.

(2) Proof of service may be made in themanner prescribed by the law of this stateor by the law of the state in which the ser-vice is made. If service is made by mail,proof of service may be a receipt signed bythe addressee or other evidence of deliveryto the addressee.

(3) Notice is not required for the exerciseof jurisdiction with respect to a person whosubmits to the jurisdiction of the court. [1999c.649 §8]


109.727 Appearance and limited im-munity. (1) A party to a child custody pro-ceeding, including a modification proceeding,or a petitioner or respondent in a proceedingto enforce or register a child custody deter-mination, is not subject to personal jurisdic-tion in this state for another proceeding orpurpose solely by reason of having partic-ipated, or of having been physically presentfor the purpose of participating, in the pro-ceeding.

(2) A person who is subject to personaljurisdiction in this state on a basis otherthan physical presence is not immune fromservice of process in this state. A partypresent in this state who is subject to thejurisdiction of another state is not immunefrom service of process allowable under thelaws of that state.

(3) The immunity granted by subsection(1) of this section does not extend to civillitigation based on acts unrelated to the par-ticipation in a proceeding under ORS 109.701to 109.834 committed by an individual whilepresent in this state. [1999 c.649 §9]

Note: See note under 109.701.109.730 [1973 c.375 §3; repealed by 1999 c.649 §55]

109.731 Communication betweencourts. (1) A court of this state may com-municate with a court in another state con-cerning a proceeding arising under ORS109.701 to 109.834.

(2) The court may allow the parties toparticipate in the communication. If the par-ties are not able to participate in the com-munication, they must be given theopportunity to present facts and legal argu-ments before a decision on jurisdiction ismade.

(3) Communication between courts onschedules, calendars, court records and simi-lar matters may occur without informing theparties. A record need not be made of thecommunication.

(4) Except as otherwise provided in sub-section (3) of this section, a record must bemade of a communication under this section.The parties must be informed promptly of thecommunication and granted access to the re-cord.

(5) For the purposes of this section, “re-cord” means information that is inscribed ona tangible medium or that is stored in anelectronic or other medium and is retrievablein perceivable form. [1999 c.649 §10]


109.734 Taking testimony in anotherstate. (1) In addition to other proceduresavailable to a party, a party to a child cus-tody proceeding may offer testimony of wit-nesses who are located in another state,



including testimony of the parties and thechild, by deposition or other means allowablein this state for testimony taken in anotherstate. The court on its own motion may orderthat the testimony of a person be taken inanother state and may prescribe the mannerin which and the terms upon which the tes-timony is taken.

(2) A court of this state may permit anindividual residing in another state to be de-posed or to testify by telephone, audiovisualmeans or other electronic means before adesignated court or at another location inthat state. A court of this state shall coop-erate with courts of other states in designat-ing an appropriate location for the depositionor testimony.

(3) Documentary evidence transmittedfrom another state to a court of this state bytechnological means that does not producean original writing may not be excluded fromevidence on an objection based on the meansof transmission. [1999 c.649 §11]


109.737 Cooperation between courts;preservation of records. (1) A court of thisstate may request the appropriate court ofanother state to:

(a) Hold an evidentiary hearing;(b) Order a person to produce or give ev-

idence pursuant to procedures of that state;(c) Order that an evaluation be made

with respect to the custody of a child in-volved in a pending proceeding;

(d) Forward to the court of this state acertified copy of the transcript of the recordof the hearing, the evidence otherwise pre-sented and any evaluation prepared in com-pliance with the request; and

(e) Order a party to a child custody pro-ceeding or any person having physical cus-tody of the child to appear in the proceedingwith or without the child.

(2) Upon request of a court of anotherstate, a court of this state may hold a hear-ing or enter an order described in subsection(1) of this section.

(3) Travel and other necessary and rea-sonable expenses incurred under subsections(1) and (2) of this section may be assessedagainst the parties according to the law ofthis state.

(4) A court of this state shall preservethe pleadings, orders, judgments, records ofhearings, evaluations and other pertinent re-cords with respect to a child custody pro-ceeding for the time required by theretention schedule adopted under ORS 8.125(11). The retention schedule shall require re-tention at least until the child attains 18years of age. Upon appropriate request by a

court or law enforcement official of anotherstate, the court shall forward a certified copyof those records. [1999 c.649 §12; 2003 c.576 §160]


(Jurisdiction)109.741 Initial child custody jurisdic-

tion. (1) Except as otherwise provided inORS 109.751, a court of this state has juris-diction to make an initial child custody de-termination only if:

(a) This state is the home state of thechild on the date of the commencement ofthe proceeding, or was the home state of thechild within six months before the com-mencement of the proceeding and the childis absent from this state but a parent orperson acting as a parent continues to livein this state;

(b) A court of another state does nothave jurisdiction under subsection (1)(a) ofthis section, or a court of the home state ofthe child has declined to exercise jurisdictionon the ground that this state is the moreappropriate forum under ORS 109.761 or109.764, and:

(A) The child and the child’s parents, orthe child and at least one parent or a personacting as a parent, have a significant con-nection with this state other than merephysical presence; and

(B) Substantial evidence is available inthis state concerning the child’s care, pro-tection, training and personal relationships;

(c) All courts having jurisdiction undersubsection (1)(a) or (b) of this section havedeclined to exercise jurisdiction on theground that a court of this state is the moreappropriate forum to determine the custodyof the child under ORS 109.761 or 109.764; or

(d) No court of any other state wouldhave jurisdiction under the criteria specifiedin subsection (1)(a), (b) or (c) of this section.

(2) Subsection (1) of this section is theexclusive jurisdictional basis for making achild custody determination by a court ofthis state.

(3) Physical presence of, or personal ju-risdiction over, a party or a child is not nec-essary or sufficient to make a child custodydetermination. [1999 c.649 §13]


109.744 Exclusive, continuing jurisdic-tion. (1) Except as otherwise provided inORS 109.751, a court of this state that hasmade a child custody determination consist-ent with ORS 109.741 or 109.747 has exclu-sive, continuing jurisdiction over thedetermination until:



(a) A court of this state determines thatneither the child, nor the child and one par-ent, nor the child and a person acting as aparent have a significant connection withthis state and that substantial evidence is nolonger available in this state concerning thechild’s care, protection, training and personalrelationships; or

(b) A court of this state or a court ofanother state determines that the child, thechild’s parents and any person acting as aparent do not presently reside in this state.

(2) A court of this state that has made achild custody determination and does nothave exclusive, continuing jurisdiction underthis section may modify that determinationonly if the court has jurisdiction to make aninitial determination under ORS 109.741.[1999 c.649 §14]


109.747 Jurisdiction to modify deter-mination. Except as otherwise provided inORS 109.751, a court of this state may notmodify a child custody determination madeby a court of another state unless a court ofthis state has jurisdiction to make an initialdetermination under ORS 109.741 (1)(a) or (b)and:

(1) The court of the other state deter-mines that it no longer has exclusive, con-tinuing jurisdiction under ORS 109.744 orthat a court of this state would be a moreconvenient forum under ORS 109.761; or

(2) A court of this state or a court of theother state determines that the child, thechild’s parents and any person acting as aparent do not presently reside in the otherstate. [1999 c.649 §15]


109.751 Temporary emergency juris-diction. (1) A court of this state has tempo-rary emergency jurisdiction if the child ispresent in this state and the child has beenabandoned or it is necessary in an emergencyto protect the child because the child, or asibling or parent of the child, is subjected toor threatened with mistreatment or abuse.

(2) If there is no previous child custodydetermination that is entitled to be enforcedunder ORS 109.701 to 109.834 and a childcustody proceeding has not been commencedin a court of a state having jurisdiction un-der ORS 109.741 to 109.747, a child custodydetermination made under this section re-mains in effect until an order is obtainedfrom a court of a state having jurisdictionunder ORS 109.741 to 109.747. If a child cus-tody proceeding has not been or is not com-menced in a court of a state havingjurisdiction under ORS 109.741 to 109.747, achild custody determination made under this

section becomes a final determination if thedetermination so provides and this state be-comes the home state of the child.

(3) If there is a previous child custodydetermination that is entitled to be enforcedunder ORS 109.701 to 109.834, or a childcustody proceeding has been commenced ina court of a state having jurisdiction underORS 109.741 to 109.747, any order issued bya court of this state under this section mustspecify in the order a period that the courtconsiders adequate to allow the person seek-ing an order to obtain an order from thestate having jurisdiction under ORS 109.741to 109.747. The order issued in this state re-mains in effect until an order is obtainedfrom the other state within the period speci-fied or the period expires.

(4) A court of this state that has beenasked to make a child custody determinationunder this section, upon being informed thata child custody proceeding has been com-menced in, or a child custody determinationhas been made by, a court of a state havingjurisdiction under ORS 109.741 to 109.747,shall immediately communicate with theother court. A court of this state that is ex-ercising jurisdiction under ORS 109.741 to109.747, upon being informed that a childcustody proceeding has been commenced in,or a child custody determination has beenmade by, a court of another state under astatute similar to this section, shall imme-diately communicate with the court of thatstate to resolve the emergency, protect thesafety of the parties and the child and deter-mine a period for the duration of the tempo-rary order. [1999 c.649 §16]


109.754 Notice; opportunity to beheard; joinder. (1) Before a child custodydetermination is made under ORS 109.701 to109.834, notice and an opportunity to beheard in accordance with the standards ofORS 109.724 must be given to all personsentitled to notice under the law of this stateas in child custody proceedings between res-idents of this state, any parent whose par-ental rights have not been previouslyterminated and any person having physicalcustody of the child.

(2) ORS 109.701 to 109.834 do not governthe enforceability of a child custody determi-nation made without notice or an opportu-nity to be heard.

(3) The obligation to join a party and theright to intervene as a party in a child cus-tody proceeding under ORS 109.701 to109.834 are governed by the law of this stateas in child custody proceedings between res-idents of this state. [1999 c.649 §17]




109.757 Simultaneous proceedings. (1)Except as otherwise provided in ORS 109.751,a court of this state may not exercise its ju-risdiction under ORS 109.741 to 109.771 if, atthe time of the commencement of the pro-ceeding, a proceeding concerning the custodyof the child has been commenced in a courtof another state having jurisdiction substan-tially in conformity with ORS 109.701 to109.834, unless the proceeding has been ter-minated or is stayed by the court of theother state because a court of this state is amore convenient forum under ORS 109.761.

(2) Except as otherwise provided in ORS109.751, a court of this state, before hearinga child custody proceeding, shall examine thecourt documents and other information sup-plied by the parties under ORS 109.767. If thecourt determines that a child custody pro-ceeding has been commenced in a court inanother state having jurisdiction substan-tially in accordance with ORS 109.701 to109.834, the court of this state shall stay itsproceeding and communicate with the courtof the other state. If the court of the statehaving jurisdiction substantially in accor-dance with ORS 109.701 to 109.834 does notdetermine that the court of this state is amore appropriate forum, the court of thisstate shall dismiss the proceeding.

(3) In a proceeding to modify a childcustody determination, a court of this stateshall determine whether a proceeding to en-force the determination has been commencedin another state. If a proceeding to enforcea child custody determination has been com-menced in another state, the court may:

(a) Stay the proceeding for modificationpending the entry of an order of a court ofthe other state enforcing, staying, denying ordismissing the proceeding for enforcement;

(b) Enjoin the parties from continuingwith the proceeding for enforcement; or

(c) Proceed with the modification underconditions it considers appropriate. [1999 c.649§18]


109.760 [1973 c.375 §6; repealed by 1999 c.649 §55]

109.761 Inconvenient forum. (1) A courtof this state that has jurisdiction under ORS109.701 to 109.834 to make a child custodydetermination may decline to exercise its ju-risdiction at any time if the court determinesthat it is an inconvenient forum under thecircumstances and that a court of anotherstate is a more appropriate forum. The issueof inconvenient forum may be raised uponthe motion of a party, the court’s own mo-tion or the request of another court.

(2) Before determining whether a courtof this state is an inconvenient forum, the

court shall consider whether it is appropriatefor a court of another state to exercise ju-risdiction. For this purpose, the court shallallow the parties to submit information andshall consider all relevant factors, including:

(a) Whether domestic violence has oc-curred and is likely to continue in the futureand which state could best protect the par-ties and the child;

(b) The length of time the child has re-sided outside this state;

(c) The distance between the court inthis state and the court in the state thatwould assume jurisdiction;

(d) The relative financial circumstancesof the parties;

(e) Any agreement of the parties as towhich state should assume jurisdiction;

(f) The nature and location of the evi-dence required to resolve the pending liti-gation, including testimony of the child;

(g) The ability of the court of each stateto decide the issue expeditiously and theprocedures necessary to present the evi-dence; and

(h) The familiarity of the court of eachstate with the facts and issues in the pendinglitigation.

(3) If a court of this state determines thatit is an inconvenient forum and that a courtof another state is a more appropriate forum,it shall stay the proceedings upon conditionthat a child custody proceeding be promptlycommenced in another designated state andmay impose any other condition the courtconsiders just and proper.

(4) A court of this state may decline toexercise its jurisdiction under ORS 109.701to 109.834 if a child custody determination isincidental to an action for divorce or anotherproceeding while still retaining jurisdictionover the divorce or other proceeding. [1999c.649 §19]


109.764 Jurisdiction declined by reasonof conduct. (1) Except as otherwise providedin ORS 109.751 or 419B.100, if a court of thisstate has jurisdiction under ORS 109.701 to109.834 because a person seeking to invokeits jurisdiction has engaged in unjustifiableconduct to so invoke the jurisdiction, thecourt shall decline to exercise its jurisdictionunless:

(a) The parents and all persons acting asparents have acquiesced in the exercise ofjurisdiction;

(b) A court of the state otherwise havingjurisdiction under ORS 109.741 to 109.747determines that this state is a more appro-priate forum under ORS 109.761; or



(c) No court of any other state wouldhave jurisdiction under the criteria specifiedin ORS 109.741 to 109.747.

(2) If a court of this state declines to ex-ercise its jurisdiction under subsection (1) ofthis section, it may fashion an appropriateremedy to ensure the safety of the child andprevent a repetition of the unjustifiable con-duct, including staying the proceeding untila child custody proceeding is commenced ina court having jurisdiction under ORS109.741 to 109.747.

(3) If a court dismisses a petition or staysa proceeding because it declines to exerciseits jurisdiction under subsection (1) of thissection, it shall assess against the partyseeking to invoke its jurisdiction necessaryand reasonable expenses including costs,communication expenses, attorney fees, in-vestigative fees, expenses for witnesses,travel expenses and child care expenses dur-ing the course of the proceeding unless theparty from whom necessary and reasonableexpenses are sought establishes that the as-sessment would be clearly inappropriate.The court may not assess fees, costs or ex-penses against this state unless authorizedby law other than ORS 109.701 to 109.834.[1999 c.649 §20]


109.767 Information to be submittedto court. (1) In a child custody proceeding,each party, in its first pleading or in an at-tached affidavit or declaration under penaltyof perjury in the form required by ORCP 1E, shall give information, if reasonably as-certainable, as to the child’s present addressor whereabouts, the places where the childhas lived during the last five years and thenames and present addresses of the personswith whom the child has lived during thatperiod. If the information is given in theparty’s first pleading, the pleading must in-clude an affidavit or a declaration underpenalty of perjury. The pleading, or attachedaffidavit or declaration under penalty of per-jury, must state whether the party:

(a) Has participated, as a party or wit-ness or in any other capacity, in any otherproceeding concerning the custody of or par-enting time or visitation with the child and,if so, identify the court, the case number andthe date of the child custody determination,if any;

(b) Knows of any proceeding that couldaffect the current proceeding, including pro-ceedings for enforcement and proceedingsrelating to domestic violence, protective or-ders, termination of parental rights andadoptions and, if so, identify the court, thecase number and the nature of the proceed-ing; and

(c) Knows the names and addresses ofany person not a party to the proceeding whohas physical custody of the child or claimsrights of legal custody or physical custody of,or parenting time or visitation with, thechild and, if so, the names and addresses ofthose persons.

(2) If the information required by subsec-tion (1) of this section is not furnished, thecourt, upon motion of a party or its ownmotion, may stay the proceeding until theinformation is furnished.

(3) If the information as to any of theitems described in subsection (1) of this sec-tion is in the affirmative, the declarant shallgive additional information under oath as re-quired by the court. The court may examinethe parties under oath as to details of theinformation furnished and other matters per-tinent to the court’s jurisdiction and the dis-position of the case.

(4) Each party has a continuing duty toinform the court of any proceeding in this orany other state that could affect the currentproceeding.

(5) If a party alleges in the first pleading,or in an attached affidavit or declarationunder penalty of perjury, that the health,safety or liberty of a party or child would bejeopardized by disclosure of identifying infor-mation, the information must be sealed andmay not be disclosed to the other party orthe public unless the court orders the dis-closure to be made after a hearing in whichthe court takes into consideration the health,safety or liberty of the party or child anddetermines that the disclosure is in the in-terest of justice. Costs incurred by the courtwhen special notice procedures are madenecessary by the nondisclosure of identifyinginformation shall be paid by the parties asdeemed appropriate by the court. [1999 c.649§21; 2015 c.121 §10]


1999 c.649 §55]

109.771 Appearance of parties andchild. (1) In a child custody proceeding inthis state, the court may order a party to theproceeding who is in this state to appear be-fore the court in person with or without thechild. The court may order any person whois in this state and who has physical custodyor control of the child to appear in personwith the child.

(2) If a party to a child custody proceed-ing whose presence is desired by the court isoutside this state, the court may order thata notice given under ORS 109.724 include astatement directing the party to appear inperson with or without the child and inform-ing the party that failure to appear may re-sult in a decision adverse to the party.



(3) The court may enter any orders nec-essary to ensure the safety of the child andof any person ordered to appear under thissection.

(4) If a party to a child custody proceed-ing who is outside this state is directed toappear under subsection (2) of this sectionor desires to appear personally before thecourt with or without the child, the courtmay require another party to pay reasonableand necessary travel and other expenses ofthe party and the child so appearing. [1999c.649 §22]


(Enforcement)109.774 Definitions for ORS 109.774 to

109.827. As used in ORS 109.774 to 109.827:(1) “Petitioner” means a person who

seeks enforcement of an order for return ofa child under the Hague Convention on theCivil Aspects of International ChildAbduction or enforcement of a child custodydetermination.

(2) “Respondent” means a person againstwhom a proceeding has been commenced forenforcement of an order for return of a childunder the Hague Convention on the CivilAspects of International Child Abduction orenforcement of a child custody determi-nation. [1999 c.649 §23]


109.777 Enforcement under HagueConvention. Under ORS 109.774 to 109.827,a court of this state may also enforce an or-der for the return of the child made underthe Hague Convention on the Civil Aspectsof International Child Abduction as if theorder were a child custody determination.[1999 c.649 §24]


1999 c.649 §55]

109.781 Duty to enforce. (1) A court ofthis state shall recognize and enforce a childcustody determination of a court of anotherstate if the latter court exercised jurisdictionin substantial conformity with ORS 109.701to 109.834 or the determination was madeunder factual circumstances meeting the ju-risdictional standards of ORS 109.701 to109.834 and the determination has not beenmodified in accordance with ORS 109.701 to109.834.

(2) A court of this state may utilize anyremedy available under other law of thisstate to enforce a child custody determi-nation made by a court of another state. Theremedies provided in ORS 109.774 to 109.827are cumulative and do not affect the avail-ability of other remedies to enforce a childcustody determination. [1999 c.649 §25]


109.784 Temporary order for parentingtime or visitation. In a child custody en-forcement proceeding authorized by law:

(1) A court of this state that does nothave jurisdiction to modify a child custodydetermination may issue a temporary orderenforcing:

(a) A parenting time or visitation sched-ule made by a court of another state; or

(b) The visitation or parenting time pro-visions of a child custody determination ofanother state that permit visitation or par-enting time but do not provide for a specificvisitation or parenting time schedule.

(2) If a court of this state makes an orderunder subsection (1)(b) of this section, thecourt shall specify in the order a period thatit considers adequate to allow the petitionerto obtain an order from a court having ju-risdiction under the criteria specified in ORS109.741 to 109.771. The order remains in ef-fect until an order is obtained from the othercourt or the period expires. [1999 c.649 §26]


109.787 Registration of child custodydetermination; notice; fee; hearing. (1) Achild custody determination issued by a courtof another state may be registered in thisstate, with or without a simultaneous requestfor enforcement, by sending to any circuitcourt in this state:

(a) A letter or other document requestingregistration;

(b) The filing fee established under ORS21.145;

(c) Two copies, including one certifiedcopy, of the determination sought to be reg-istered and a statement under penalty ofperjury that to the best of the knowledge andbelief of the person seeking registration theorder has not been modified; and

(d) Except as otherwise provided in ORS109.767, the name and address of the personseeking registration and any parent or per-son acting as a parent who has been awardedcustody, parenting time or visitation in thechild custody determination sought to beregistered.

(2) On receipt of the documents requiredby subsection (1) of this section, the regis-tering court shall cause the determination tobe filed as a foreign judgment, together withone copy of any accompanying documentsand information, regardless of their form.

(3) The person seeking registration of achild custody determination shall serve no-tice upon the persons named under subsec-tion (1)(d) of this section notifying them ofthe opportunity to contest the registration inaccordance with this section.



(4) The notice required by subsection (3)of this section must state that:

(a) A registered determination is en-forceable as of the date of the registration inthe same manner as a determination issuedby a court of this state;

(b) A hearing to contest the validity ofthe registered determination must be re-quested within 21 days after service of no-tice; and

(c) Failure to contest the registrationwill result in confirmation of the child cus-tody determination and preclude further con-test of that determination with respect toany matter that could have been asserted.

(5) A person seeking to contest the va-lidity of a registered order must request ahearing within 21 days after service of thenotice and pay the filing fee established un-der ORS 21.145. At that hearing, the courtshall confirm the registered order unless theperson contesting registration establishesthat:

(a) The issuing court did not have juris-diction under ORS 109.741 to 109.771;

(b) The child custody determinationsought to be registered has been vacated,stayed or modified by a court having juris-diction to do so under ORS 109.741 to109.771; or

(c) The person contesting registrationwas entitled to notice, but notice was notgiven in accordance with the standards ofORS 109.724, in the proceedings before thecourt that issued the order for which regis-tration is sought.

(6) If a timely request for a hearing tocontest the validity of the registration is notmade, the registration is confirmed as amatter of law and the person requesting reg-istration and all persons served must be no-tified of the confirmation.

(7) Confirmation of a registered order,whether by operation of law or after noticeand hearing, precludes further contest of theorder with respect to any matter that couldhave been asserted at the time of registra-tion. [1999 c.649 §27; 2011 c.595 §34]


1999 c.649 §55]

109.791 Enforcement of registered de-termination. (1) A court of this state maygrant any relief normally available under thelaw of this state to enforce a registered childcustody determination made by a court ofanother state.

(2) A court of this state shall recognizeand enforce, but may not modify, except inaccordance with ORS 109.741 to 109.771, a

registered child custody determination of acourt of another state. [1999 c.649 §28]


109.794 Simultaneous proceedings. If aproceeding for enforcement under ORS109.774 to 109.827 is commenced in a courtof this state and the court determines that aproceeding to modify the determination ispending in a court of another state havingjurisdiction to modify the determination un-der ORS 109.741 to 109.771, the enforcingcourt shall immediately communicate withthe modifying court. The proceeding for en-forcement continues unless the enforcingcourt, after consultation with the modifyingcourt, stays or dismisses the proceeding. [1999c.649 §29]


109.797 Expedited enforcement of childcustody determination. (1) A petition un-der ORS 109.774 to 109.827 must be verified.Certified copies of all orders sought to beenforced and of any order confirming regis-tration must be attached to the petition. Acopy of a certified copy of an order may beattached instead of the original.

(2) A petition for enforcement of a childcustody determination must state:

(a) Whether the court that issued the de-termination identified the jurisdictional basisit relied upon in exercising jurisdiction and,if so, what the basis was;

(b) Whether the determination for whichenforcement is sought has been vacated,stayed or modified by a court whose decisionmust be enforced under ORS 109.701 to109.834 and, if so, must identify the court,the case number and the nature of the pro-ceeding;

(c) Whether any proceeding has beencommenced that could affect the currentproceeding, including proceedings relating todomestic violence, protective orders, termi-nation of parental rights and adoptions and,if so, must identify the court, the case num-ber and the nature of the proceeding;

(d) The present physical address of thechild and the respondent, if known;

(e) Whether relief in addition to the im-mediate physical custody of the child and at-torney fees is sought, including a request forassistance from law enforcement officialsand, if so, the relief sought; and

(f) If the child custody determination hasbeen registered and confirmed under ORS109.787, the date and place of registration.

(3) Upon the filing of a petition, thecourt shall issue an order directing the re-spondent to appear in person with or withoutthe child at a hearing and may enter anyorder necessary to ensure the safety of the



parties and the child. If the court issues anorder, the order shall be served in the man-ner the court determines to be appropriateunder the circumstances of the case and mayinclude service by the sheriff. The person re-questing the order shall pay the costs of ser-vice. The court shall hold the hearing assoon as reasonably possible and shall expe-dite the hearing if it finds an emergency ispresent.

(4) An order issued under subsection (3)of this section must state the time and placeof the hearing and advise the respondent thatat the hearing the court will order that thepetitioner may take immediate physical cus-tody of the child and will order the paymentof fees, costs and expenses under ORS109.811, and may schedule a hearing to de-termine whether further relief is appropriate,unless the respondent appears and estab-lishes that:

(a) The child custody determination hasnot been registered and confirmed underORS 109.787 and that:

(A) The issuing court did not have juris-diction under ORS 109.741 to 109.771;

(B) The child custody determination forwhich enforcement is sought has been va-cated, stayed or modified by a court havingjurisdiction to do so under ORS 109.741 to109.771; or

(C) The respondent was entitled to no-tice, but notice was not given in accordancewith the standards of ORS 109.724, in theproceedings before the court that issued theorder for which enforcement is sought; or

(b) The child custody determination forwhich enforcement is sought was registeredand confirmed under ORS 109.787, but hasbeen vacated, stayed or modified by a courtof a state having jurisdiction to do so underORS 109.741 to 109.771. [1999 c.649 §30]


1999 c.649 §55]

109.801 Service of petition and order.Except as otherwise provided in ORS 109.807,the petition and order for enforcement of achild custody determination must be servedby the petitioner, by any method authorizedfor service of process within this state, uponthe respondent and any person who hasphysical custody of the child. [1999 c.649 §31]


109.804 Immediate physical custody ofchild; exceptions; spousal privilege incertain proceedings. (1) Unless the courtissues a temporary emergency order underORS 109.751, upon a finding that a petitioneris entitled to immediate physical custody ofthe child under the controlling child custodydetermination, the court shall order that the

petitioner may take immediate physical cus-tody of the child unless the respondent es-tablishes that:

(a) The child custody determination hasnot been registered and confirmed underORS 109.787 and that:

(A) The issuing court did not have juris-diction under ORS 109.741 to 109.771;

(B) The child custody determination forwhich enforcement is sought has been va-cated, stayed or modified by a court of astate having jurisdiction to do so under ORS109.741 to 109.771; or

(C) The respondent was entitled to no-tice, but notice was not given in accordancewith the standards of ORS 109.724, in theproceedings before the court that issued theorder for which enforcement is sought; or

(b) The child custody determination forwhich enforcement is sought was registeredand confirmed under ORS 109.787, but hasbeen vacated, stayed or modified by a courtof a state having jurisdiction to do so underORS 109.741 to 109.771.

(2) The court shall award the fees, costsand expenses authorized under ORS 109.811,may grant additional relief, including a re-quest for the assistance of law enforcementofficials, and may set further hearings, ifnecessary, to determine whether additionalrelief is appropriate.

(3) A privilege against disclosure of com-munications between spouses and a defenseof immunity based on the relationship ofhusband and wife or parent and child maynot be invoked in a proceeding under ORS109.774 to 109.827. [1999 c.649 §32]


109.807 Warrant to take physical cus-tody of child. (1) Upon the filing of a peti-tion seeking enforcement of a child custodydetermination, the petitioner may file a veri-fied application for the issuance of a warrantto take physical custody of the child if thechild is immediately likely to suffer seriousphysical harm or be removed from this state.

(2) If the court, upon the testimony of thepetitioner or other witness, is satisfied thatthere is probable cause to believe that thechild is imminently likely to suffer seriousphysical harm or be removed from this state,it may issue a warrant to take physical cus-tody of the child. The petition must be heardon the next judicial day after the warrant isexecuted unless that date is impossible. Inthat event, the court shall hold the hearingon the first judicial day possible. The appli-cation for the warrant must include thestatements required by ORS 109.797 (2).

(3) A warrant to take physical custodyof a child must:



(a) Recite the facts upon which a con-clusion of imminent serious physical harm orremoval from the jurisdiction is based;

(b) Direct law enforcement officers totake physical custody of the child imme-diately; and

(c) Provide for the placement of the childpending final relief.

(4) The respondent must be served withthe petition, warrant and order immediatelyafter the child is taken into physical custody.

(5) A warrant to take physical custodyof a child is enforceable throughout thisstate. If the court finds on the basis of thetestimony of the petitioner or other witnessthat a less intrusive remedy is not effective,it may authorize law enforcement officers toenter private property to take physical cus-tody of the child. If required by exigent cir-cumstances of the case, the court mayauthorize law enforcement officers to makea forcible entry at any hour.

(6) The court may impose conditionsupon placement of a child to ensure the ap-pearance of the child and the child’s custo-dian. [1999 c.649 §33]


109.810 [1973 c.375 §11; repealed by 1999 c.649 §55]

109.811 Costs, fees and expenses. (1)The court shall award the prevailing party,including a state, necessary and reasonableexpenses incurred by or on behalf of theparty, including costs, communication ex-penses, attorney fees, investigative fees, ex-penses for witnesses, travel expenses andchild care expenses during the course of theproceedings, unless the party from whom feesor expenses are sought establishes that theaward would be clearly inappropriate. Anaward may be inappropriate if the awardwould cause the parent or child to seek pub-lic assistance or medical assistance, as de-fined in ORS 414.025.

(2) The court may not assess fees, costsor expenses against a state unless authorizedby law other than ORS 109.701 to 109.834.[1999 c.649 §34; 2013 c.688 §13]


109.814 Recognition and enforcement.A court of this state shall accord full faithand credit to an order issued by anotherstate and consistent with ORS 109.701 to109.834 that enforces a child custody deter-mination by a court of another state unlessthe order has been vacated, stayed or modi-fied by a court having jurisdiction to do sounder ORS 109.741 to 109.771. [1999 c.649 §35]


109.817 Appeals. An appeal may betaken from a final order in a proceeding un-der ORS 109.774 to 109.827 in accordancewith ORS chapter 19. Unless the court en-ters a temporary emergency order under ORS109.751, the enforcing court may not stay anorder enforcing a child custody determi-nation pending appeal. [1999 c.649 §36]


109.821 Role of district attorney. (1) Ina case arising under ORS 109.701 to 109.834or involving the Hague Convention on theCivil Aspects of International ChildAbduction, the district attorney may takeany lawful action, including resort to a pro-ceeding under ORS 109.774 to 109.827 or anyother available civil proceeding, to locate achild, obtain the return of a child or enforcea child custody determination if there is:

(a) An existing child custody determi-nation;

(b) A request to do so from a court in apending child custody proceeding;

(c) A reasonable belief that a criminalstatute has been violated; or

(d) A reasonable belief that the child hasbeen wrongfully removed or retained in vio-lation of the Hague Convention on the CivilAspects of International Child Abduction.

(2) A district attorney acting under thissection acts on behalf of the state to protectthe state’s interest in the enforcement ofORS 109.701 to 109.834 and may not repre-sent any party. [1999 c.649 §37]


109.824 Role of law enforcement offi-cer. At the request of a district attorneyacting under ORS 109.821, a law enforcementofficer may take any lawful action reason-ably necessary to locate a child or a partyand assist a district attorney with responsi-bilities under ORS 109.821. [1999 c.649 §38]


109.827 Costs and expenses of districtattorney and law enforcement officers. Ifthe respondent is not the prevailing party,the court may assess against the respondentall direct expenses and costs incurred by thedistrict attorney and law enforcement offi-cers under ORS 109.821 or 109.824. [1999 c.649§39]


(Miscellaneous Provisions)109.831 Application and construction.

In applying and construing ORS 109.701 to109.834, consideration must be given to theneed to promote uniformity of the law with



respect to its subject matter among statesthat enact it. [1999 c.649 §40]


109.834 Severability clause. If any pro-vision of ORS 109.701 to 109.834 or its appli-cation to any person or circumstance is heldinvalid, the invalidity does not affect otherprovisions or applications of ORS 109.701 to109.834 that can be given effect without theinvalid provision or application, and to thisend the provisions of ORS 109.701 to 109.834are severable. [1999 c.649 §41]

Note: See note under 109.701.109.840 [1973 c.375 §14; repealed by 1999 c.649 §55]109.850 [1973 c.375 §15; 1981 c.897 §36; repealed by

1999 c.649 §55]109.860 [1973 c.375 §16; repealed by 1999 c.649 §55]109.870 [1973 c.375 §17; repealed by 1999 c.649 §55]109.880 [1973 c.375 §18; repealed by 1999 c.649 §55]

109.890 [1973 c.375 §19; repealed by 1999 c.649 §55]109.900 [1973 c.375 §20; repealed by 1999 c.649 §55]109.910 [1973 c.375 §21; repealed by 1999 c.649 §55]109.920 [1973 c.375 §22; repealed by 1999 c.649 §55]109.930 [1973 c.375 §24; repealed by 1999 c.649 §55]

PENALTY109.990 Penalty. (1) A person who vio-

lates ORS 109.311 (3) or who submits a falsestatement under ORS 109.311 (1) commits aClass C felony.

(2) A person who violates any provisionof ORS 109.311 (4) or 109.502 to 109.507 orany rule adopted pursuant to ORS 109.506commits a Class A misdemeanor. [1985 c.403 §2(4); 1993 c.717 §5; subsection (3) of 1993 Edition enactedas 1993 c.410 §9; 1995 c.79 §44; 1995 c.730 §4]



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