ORS 109.675 grants minors aged 14 and older in Oregon the right to consent to diagnosis or treatment for mental or emotional disorders or chemical dependency without parental consent. Related sections (109.680–109.695) address provider disclosure rules, civil immunity for providers, parental non-liability for payment, and rulemaking authority. This statute governs patient consent rights rather than licensing or operating standards for any specific facility or level of care.
View official sourceOregon Revised Statutes Chapter 109 � Parent and Child Rights and Relationships ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0088 2025 EDITION PARENT AND CHILD RIGHTS AND RELATIONSHIPS DOMESTIC RELATIONS PARENT AND CHILD RELATIONSHIP 109.001���� Breast-feeding in public place 109.002���� Definitions for ORS chapter 109 109.003���� Attorney fees; intervenor 109.010���� Duty of support 109.012���� Liability of parents for expenses and education of children 109.015���� Proceedings for child support if child receives public assistance 109.020���� When child�s maintenance and education may be defrayed out of income of own property 109.030���� Equality in rights and responsibilities of parents 109.035���� Security required before foreign travel with child 109.041���� Relationship between adopted child and natural and adoptive parents 109.050���� Relation of adopted child to adoptive parents 109.056���� Delegation of certain powers by parent or guardian; delegation during period of military service 109.060���� Legal status and legal relationships when parents not married ESTABLISHING PARENTAGE (Generally) 109.064���� Child as party; appointment of attorney 109.065���� Establishing parentage 109.067���� Presumption of parentage; challenging presumption 109.070���� Voluntary acknowledgment of parentage; rescission; challenge 109.072���� Petition to vacate or set aside parentage determination 109.073���� Social Security number of parent in parentage order, judgment or declaration 109.075���� Binding effect of determination of parentage 109.082���� Uniformity of application and construction 109.084���� Relation to Electronic Signatures in Global and National Commerce Act 109.090���� Interpretation of ORS 109.060 to 109.090 109.092���� Obligation to recognize responsibility for conception; surrender of child for adoption 109.094���� Rights of parent when parentage established; procedure when parentage established 109.096���� Notice to alleged genetic parent when parentage not established 109.098���� Objection of alleged genetic parent in proceeding referred to in ORS 109.096; effect of failure to appear and object 109.100���� Petition for support; effect of judgment; parties 109.103���� Proceeding to determine custody or support of child 109.116���� Validity of alleged genetic parent�s authorization, release or waiver 109.118���� Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child 109.119���� Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention (Adjudications of Parentage) 109.124���� Definitions for ORS 109.124 to 109.171 109.125���� Who may initiate proceedings; petition; timing; parties 109.127���� Consolidating proceedings 109.135���� Circuit court jurisdiction; equity action; place of commencement 109.145���� Court may proceed despite failure to appear; evidence required 109.148���� Parentage of child conceived by rape 109.151���� Adjudicating competing claims of parentage 109.154���� Temporary child support pending determination of parentage 109.155���� Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing 109.158���� Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies 109.161���� Determination of legal custody after parentage established 109.167���� Notice to Center for Health Statistics after petition filed; filing notice 109.169���� Legality of contract between parents of child born out of wedlock 109.171���� Records open to public 109.173���� Attorney fees (Genetic Testing) 109.181���� Definitions for ORS 109.181 to 109.203 109.182���� Scope; limitation on use of genetic testing 109.184���� Authority to order or deny genetic testing 109.186���� Standards for genetic testing; recalculation of relationship index 109.188���� Report of genetic testing 109.189���� Admissibility of results of genetic testing 109.191���� Genetic testing results; challenge to results 109.193���� Cost of genetic testing 109.195���� Additional genetic testing 109.197���� Genetic testing when specimen not available 109.198���� Deceased individual 109.201���� Identical siblings 109.203���� Confidentiality of genetic testing 109.204���� Applicability to criminal actions for nonsupport (Assisted Reproduction) 109.206���� Adjudicating parentage of child of assisted reproduction, other than under surrogacy agreement 109.208���� Parental status of donor 109.211���� Consent to assisted reproduction; failure to consent in writing 109.213���� Limitation on spouse�s dispute of parentage 109.214���� Effects of certain legal proceedings regarding marriage 109.216���� Withdrawal of consent 109.218���� Parental status of deceased individual (Gestational Surrogacy) 109.222���� Eligibility to enter gestational surrogacy agreement 109.224���� Execution of gestational surrogacy agreement 109.226���� Content of gestational surrogacy agreement 109.228���� Effect of subsequent change of marital status 109.232���� Confidentiality; sealing of court records 109.234���� Jurisdiction 109.236���� Termination of gestational surrogacy agreement 109.238���� Parentage under gestational surrogacy agreement; challenge when child is alleged to be genetic child of gestational surrogate 109.240���� Parentage of deceased intended parent 109.242���� Judgment of parentage 109.244���� Effect of gestational surrogacy agreement ADOPTION 109.266���� Definitions for ORS 109.266 to 109.410 109.268���� Interpretation of adoption laws; agreement for continuing contact 109.270���� Rules regarding home studies and placement reports 109.272���� Court required to act within six months of filing of petition for adoption; duty of clerk 109.274���� Confidentiality of petitioners 109.276���� Petition for adoption; residency and jurisdictional requirements; venue; home study; placement report; fee; rules; filing requirements for entry of judgment 109.278���� ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules 109.281���� Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising 109.283���� Application for home study by Oregon resident 109.285���� Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality 109.287���� Adoption Summary and Segregated Information Statement; exhibits; confidentiality 109.289���� Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees 109.301���� Consent to adoption in general 109.302���� Consent to adoption of Indian child; withdrawal of consent 109.322���� Consent of parent with mental illness or intellectual disability; consent of imprisoned parent 109.323���� Consent when custody of child has been awarded in divorce proceedings 109.324���� Consent when parent has deserted or neglected child 109.325���� Consent by Department of Human Services or approved child-caring agency of this state 109.326���� Consent when spouse not parent 109.327���� Consent by organization located outside Oregon 109.328���� Consent of child 14 years of age or older 109.329���� Adoption of person 18 years of age or older or legally married 109.330���� Notice when parent does not consent; notice when child has no living parent and no guardian or next of kin qualified to appear 109.331���� Consenting agency disclosure of county and case number of adoption proceeding 109.332���� Grandparent visitation in stepparent adoption 109.335���� Appointment of guardian pending further adoption proceedings 109.342���� Medical history of child and genetic parents required; content; form 109.346���� Adoption-related counseling for birth parent 109.347���� Civil action for failure to pay for counseling; attorney fees 109.350���� Judgment of adoption or readoption 109.353���� Notice of voluntary adoption registry required before judgment entered; waiver 109.360���� Change of adopted child�s name 109.381���� Effect of judgment of adoption 109.382���� Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress 109.383���� Notice of vacated judgment of adoption of Indian child or termination of adoptive parent�s parental rights to Indian child; waiver of notice; motion to return custody and for restoration of parental rights 109.385���� Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees 109.390���� Authority of Department of Human Services or child-caring agency in adoption proceedings 109.400���� Adoption report form 109.410���� Certificate of adoption; form; persons eligible to receive certificate; status VOLUNTARY ADOPTION REGISTRY 109.425���� Definitions for ORS 109.425 to 109.507 109.430���� Policy and purpose 109.435���� Adoption records to be permanently maintained 109.445���� Information of registry confidential 109.450���� Child placement agency to maintain registry; Department of Human Services duties 109.455���� Persons eligible to use registry 109.460���� Persons eligible to register; information authorized for release; expiration of registration on behalf of minor 109.465���� Content of affidavit; notice of change in information 109.470���� Continuing registration by birth parent or alleged genetic parent; reregistration by minor as adult; fee 109.475���� Processing affidavits; notification of match 109.480���� Counseling of registrant 109.485���� Registry information to be maintained permanently 109.490���� Limits on releasing information 109.495���� Registrant fee 109.500���� Genetic, social and health history; availability; fee 109.502���� Search for birth parents, alleged genetic parent, genetic siblings or county where adoption finalized; who may initiate; information required; fee 109.503���� Access to adoption records for search; duties of searcher 109.504���� Effect on subsequent searches when person sought in initial search refuses contact; other restrictions on searches 109.505���� Support services; adoption and reunion issues 109.506���� Rulemaking; fees 109.507���� Access to Department of Human Services records required; access to private agency records discretionary DONOR REGISTRY 109.518���� Definitions for ORS 109.518 to 109.525 109.519���� Collection of information 109.522���� Disclosure of identifying information and medical history 109.525���� Recordkeeping RELATIVE CAREGIVERS 109.570���� Legislative findings 109.572���� Definitions for ORS 109.570 to 109.580 109.575���� Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority 109.580���� Relative caregiver affidavit ATTAINING MAJORITY 109.621���� Age of majority 109.625���� Majority of married persons 109.628���� Majority of parents RIGHTS OF MINORS 109.640���� Right to reproductive health care, medical treatment or dental treatment without parental consent 109.650���� Disclosure without minor�s consent and without liability 109.670���� Right to donate blood 109.672���� Certain persons immune from liability for providing care to minor 109.675���� Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent 109.680���� Disclosure by mental health care provider without minor�s consent; civil immunity 109.685���� Immunity from civil liability for person providing treatment or diagnosis 109.690���� Parent or guardian not liable for payment under ORS 109.675 109.695���� Rules for implementation of ORS 109.675 to 109.695 109.697���� Right to contract for dwelling unit and utilities without parental consent UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (General Provisions) 109.701���� Short title 109.704���� Definitions for ORS 109.701 to 109.834 109.707���� Proceedings governed by other law 109.711���� Application to Indian tribes 109.714���� International application of ORS 109.701 to 109.834 109.717���� Effect of child custody determination 109.721���� Priority 109.724���� Notice to persons outside state 109.727���� Appearance and limited immunity 109.731���� Communication between courts 109.734���� Taking testimony in another state 109.737���� Cooperation between courts; preservation of records (Jurisdiction) 109.741���� Initial child custody jurisdiction 109.744���� Exclusive, continuing jurisdiction 109.747���� Jurisdiction to modify determination 109.751���� Temporary emergency jurisdiction 109.754���� Notice; opportunity to be heard; joinder 109.757���� Simultaneous proceedings 109.761���� Inconvenient forum 109.764���� Jurisdiction declined by reason of conduct 109.767���� Information to be submitted to court 109.771���� Appearance of parties and child (Enforcement) 109.774���� Definitions for ORS 109.774 to 109.827 109.777���� Enforcement under Hague Convention 109.781���� Duty to enforce 109.784���� Temporary order for parenting time or visitation 109.787���� Registration of child custody determination; notice; fee; hearing 109.791���� Enforcement of registered determination 109.794���� Simultaneous proceedings 109.797���� Expedited enforcement of child custody determination 109.801���� Service of petition and order 109.804���� Immediate physical custody of child; exceptions; spousal privilege in certain proceedings 109.807���� Warrant to take physical custody of child 109.811���� Costs, fees and expenses 109.814���� Recognition and enforcement 109.817���� Appeals 109.821���� Role of district attorney 109.824���� Role of law enforcement officer 109.827���� Costs and expenses of district attorney and law enforcement officers (Miscellaneous Provisions) 109.831���� Application and construction 109.834���� Severability clause PENALTY 109.990���� Penalty ����� Note: Definitions in 25.010 and 25.011 apply to ORS chapter 109. PARENT AND CHILD RELATIONSHIP ����� 109.001 Breast-feeding in public place. A woman may breast-feed her child in a public place. [1999 c.306 �1] ����� Note: 109.001 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.002 Definitions for ORS chapter 109. As used in ORS chapter 109: ����� (1) �Acknowledged parent� means an individual who has signed an effective acknowledgment of parentage, as described in ORS 109.070. ����� (2) �Adjudicated parent� means an individual who has been adjudicated to be a parent of a child by a court with jurisdiction. ����� (3)(a) �Alleged genetic parent� means an individual who is alleged to be, or alleges that the individual is, a genetic parent or possible genetic parent of a child whose parentage has not been adjudicated. ����� (b) �Alleged genetic parent� does not include a presumed parent, an individual whose parentage rights have been terminated or declared not to exist, an individual whose nonparentage of the child has been adjudicated or a donor. ����� (4) �Assisted reproduction� means: ����� (a) Intrauterine or intracervical insemination; ����� (b) Donation of gametes; ����� (c) Donation of embryos; ����� (d) In-vitro fertilization and transfer of embryos; ����� (e) Intracytoplasmic sperm injection; or ����� (f) Any other method of causing pregnancy other than sexual intercourse. ����� (5)(a) �Determination of parentage� means the establishment of a parent-child relationship by a judicial or administrative proceeding or signing of a valid acknowledgment of parentage under ORS 109.070. ����� (b) �Determination of parentage� does not include an order or judgment entered under ORS 109.119. ����� (6)(a) �Donor� means an individual who provides gametes or embryos intended for use in assisted reproduction, whether or not for consideration. ����� (b) �Donor� does not include: ����� (A) Except as provided in ORS 109.238, the parent who gives birth to a child conceived by assisted reproduction, a gestational surrogate or a genetic surrogate; or ����� (B) An intended parent of a child conceived by assisted reproduction, including under a surrogacy agreement. ����� (7) �Gamete� means sperm, egg or any part of a sperm or egg. ����� (8) �Genetic testing� means an analysis of genetic markers to identify or exclude a genetic relationship. ����� (9) �Gestational surrogate� means an individual who is not an intended parent and who agrees to become pregnant through assisted reproduction using embryos that are not the individual�s own, under a gestational surrogacy agreement. ����� (10)(a) �Intended parent� means an individual, married or unmarried, who manifests an intent to be legally bound as a parent of a child conceived by assisted reproduction, including under a gestational surrogacy agreement. ����� (b) �Intended parent� does not include the parent who gives birth to the child conceived by assisted reproduction. ����� (11) �Presumed parent� means an individual who is presumed to be a parent of a child under ORS 109.067. ����� (12) �Surrogacy agreement� means an agreement between one or more intended parents and an individual who is not an intended parent in which the individual agrees to become pregnant through assisted reproduction and which provides that each intended parent is a parent of a child conceived under the agreement. Unless otherwise specified, the term refers to both a gestational surrogacy agreement and a genetic surrogacy agreement. ����� (13) �Transfer� means a procedure for assisted reproduction by which an embryo or sperm is placed in the body of the person who will give birth to the child. [2025 c.592 �2] ����� 109.003 Attorney fees; intervenor. In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against any person who has appeared or intervened in the proceeding. [1997 c.90 �4; 2005 c.22 �84] ����� 109.010 Duty of support. Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances. ����� 109.012 Liability of parents for expenses and education of children. (1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who have not married each other. The parents may be sued jointly or separately for the expenses and education of the minor child. ����� (b) This subsection applies to a person who is asserted to be a parent of the minor child only when: ����� (A) A voluntary acknowledgment of parentage form has been filed in this or another state and the period for rescinding or challenging the voluntary acknowledgment on grounds other than fraud, duress or material mistake of fact has expired; or ����� (B) Parentage has been established pursuant to an order or judgment entered under ORS 25.550 or 109.124 to 109.171. ����� (c) As used in this subsection, �expenses of a minor child� includes only expenses incurred for the benefit of a minor child. ����� (2) Notwithstanding subsection (1) of this section, a parent is not responsible for debts contracted by the other parent after the separation of one parent from the other parent, except for debts incurred for maintenance, support and education of the minor child of the parents. ����� (3) For the purposes of subsection (2) of this section, parents are considered separated if they are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the parents are separated, in addition to other relevant factors: ����� (a) Whether the parents subsequently reconciled. ����� (b) The number of separations and reconciliations of the parents. ����� (c) The length of time the parents lived apart. ����� (d) Whether the parents intend to reconcile. ����� (4) An action under this section must be commenced within the period otherwise provided by law. [2005 c.732 �2; 2017 c.651 �15; 2025 c.592 �117] ����� 109.015 Proceedings for child support if child receives public assistance. If public assistance is provided for any dependent child, the administrator may initiate proceedings under ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 25.501 to 25.556 or 419B.400 to obtain support for the child from one or both parents or from any other person legally responsible for the support of the child, including a guardian or conservator. In any proceeding under any statute cited in this section, the obligee is a party. [1983 c.767 �2; 1985 c.671 �44c; 1991 c.67 �22; 1993 c.33 �371; 1993 c.596 �19; 1993 c.798 �45; 1995 c.608 �36; 1997 c.249 �37; 2003 c.73 �54; 2003 c.572 �14; 2003 c.576 �577b; 2007 c.643 �2; 2021 c.597 �62; 2025 c.99 �59] ����� 109.020 When child�s maintenance and education may be defrayed out of income of own property. If any minor, whose parent is living, has property the income of which is sufficient for the maintenance and education of the minor in a manner more expensive than the parent can reasonably afford, regard being had to the situation of the parent�s family and to all the circumstances of the case, the expenses of the maintenance and education of the minor may be wholly or partially defrayed out of the income of the property of the minor, as is judged reasonable by the court having probate jurisdiction. The charges therefor may be allowed accordingly in the settlement of the accounts of the guardian or the conservator of the minor of the estate of the minor. [Amended by 1973 c.823 �104; 2007 c.22 �6] ����� 109.030 Equality in rights and responsibilities of parents. The rights and responsibilities of the parents, in the absence of misconduct, are equal, and each parent is as fully entitled to the custody and control of the children and their earnings as the other parent. In case of the death of one parent, the other parent shall come into full and complete control of the children and their estate. [Amended by 2017 c.651 �50] ����� 109.035 Security required before foreign travel with child. (1) As used in this section: ����� (a) �Custody order� includes any order or judgment establishing or modifying custody of, or parenting time or visitation with, a minor child as described in ORS 107.095, 107.105 (1), 107.135 or 109.103. ����� (b) �Foreign country� means any country that: ����� (A) Is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction; ����� (B) Does not provide for the extradition to the United States of a parental abductor and minor child; ����� (C) Has local laws or practices that would restrict the other parent of the minor child from freely traveling to or exiting from the country because of the race, religion, sex, sexual orientation or gender identity of the other parent; ����� (D) Has local laws or practices that would restrict the ability of the minor child from legally leaving the country after the child reaches the age of majority because of the race, religion, sex, sexual orientation or gender identity of the child; or ����� (E) Poses a significant risk that the physical health or safety of the minor child would be endangered in the country because of war, human rights violations or specific circumstances related to the needs of the child. ����� (2) A court that finds by clear and convincing evidence a risk of international abduction of a minor child may issue a court order requiring a parent who is subject to a custody order and who plans to travel with a minor child to a foreign country to provide security, bond or other guarantee as described in subsection (4) of this section. ����� (3) In determining whether a risk of international abduction of a minor child exists, a court shall consider the following factors involving a parent who is subject to a custody order: ����� (a) The parent has taken or retained, attempted to take or retain or threatened to take or retain a minor child in violation of state law or a valid custody order and the parent is unable to present clear and convincing evidence that the parent believed in good faith that the conduct was necessary to avoid imminent harm to the parent or the child; ����� (b) The parent has recently engaged in a pattern of activities that indicates the parent is planning to abduct the minor child from this country; ����� (c) The parent has strong familial, emotional or cultural connections to this country or another country, regardless of citizenship or residency status; and ����� (d) Any other relevant factors. ����� (4) A security, bond or other guarantee required by a court under this section may include, but is not limited to, any of the following: ����� (a) A bond or security deposit in an amount that is sufficient to offset the cost of recovering the minor child if the child is abducted; ����� (b) Supervised parenting time; or ����� (c) Passport and travel controls, including but not limited to controls that: ����� (A) Prohibit the parent from removing the minor child from this state or this country; ����� (B) Require the parent to surrender a passport or an international travel visa that is issued in the name of the minor child or jointly in the names of the parent and the child; ����� (C) Prohibit the parent from applying for a new or replacement passport or international travel visa on behalf of the minor child; and ����� (D) Require the parent to provide to a relevant embassy or consulate and to the Office of Children�s Issues in the United States Department of State the following documents: ����� (i) Written notice of passport and travel controls required under this paragraph; and ����� (ii) A certified copy of a court order issued under this section. ����� (5) After considering the factors under subsection (3) of this section and requiring a security, bond or other guarantee under this section, the court shall issue a written determination supported by findings of fact and conclusions of law. ����� (6) Nothing in this section is intended to limit the inherent power of a court in matters relating to children. [2003 c.532 �1; 2005 c.22 �85; 2007 c.100 �17; 2021 c.367 �7] ����� Note: 109.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.040 [Repealed by 1953 c.650 �4] ����� 109.041 Relationship between adopted child and natural and adoptive parents. (1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and ����� (a) The adoptive parents of the adopted person, their descendants and kindred, and ����� (b) The natural parents of the adopted person, their descendants and kindred shall be the same to all legal intents and purposes after the entry of such judgment as if the adopted person had been born in lawful wedlock to the adoptive parents and had not been born to the natural parents. ����� (2) When a person has been or shall be adopted in this state by a stepparent, this section shall leave unchanged the relationship, rights and obligations between such adopted person and descendants of the adopted person and natural parent of the adopted person, who is the spouse of the person who adopted the person, and the descendants and kindred of such natural parent. [1953 c.650 �1; 2003 c.576 �134] ����� 109.050 Relation of adopted child to adoptive parents. An adopted child bears the same relation to adoptive parents and their kindred in every respect pertaining to the relation of parent and child as the adopted child would if the adopted child were the natural child of such parents. ����� 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 by 1979 c.266 �3] ����� 109.056 Delegation of certain powers by parent or guardian; delegation during period of military service. (1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to adoption of a minor ward. ����� (2) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months. ����� (3)(a) As used in this subsection, �servicemember-parent� means a parent or guardian: ����� (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, Coast Guard or Space Force of the United States; ����� (iii) A member of the commissioned corps of the National Oceanic and Atmospheric Administration; or ����� (iv) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States; and ����� (B) Who is required to enter and serve in the active military service of the United States under a call or order by the President of the United States or to serve on state active duty as defined in the Oregon Code of Military Justice. ����� (b) A servicemember-parent of a minor child may delegate the powers designated in subsection (1) of this section for a period not exceeding the term of active duty service plus 30 days. ����� (c) Except as provided in paragraph (d) of this subsection, if the minor child is living with the child�s other parent, a delegation under paragraph (b) of this subsection must be to the parent with whom the minor child is living unless a court finds that the delegation would not be in the best interests of the minor child. ����� (d) When the servicemember-parent has joint custody of the minor child with the child�s other parent or another individual, and the servicemember-parent is married to an individual other than the child�s other parent, the servicemember-parent may delegate the powers designated in subsection (1) of this section to the spouse of the servicemember-parent for a period not exceeding the term of active duty service plus 30 days, unless a court finds that the delegation would not be in the best interests of the minor child. [Formerly 126.030; 2005 c.79 �4; 2007 c.250 �1; 2012 c.106 �2; 2013 c.81 �22; 2025 c.224 �5; 2025 c.453 �3] ����� 109.060 Legal status and legal relationships when parents not married. The legal status and legal relationships and the rights and obligations between a person and the descendants of the person, and between a person and parents of the person, their descendants and kindred, are the same for all persons, whether or not the parents have been married. [1957 c.411 �1] ESTABLISHING PARENTAGE (Generally) ����� 109.064 Child as party; appointment of attorney. (1) In a proceeding to adjudicate the parentage of a child, other than a proceeding under ORS chapter 419B, the child is a permissive party to the proceeding if the child has not attained 18 years of age. ����� (2) The court shall appoint an attorney to represent a child who has not attained 18 years of age in a proceeding described in subsection (1) of this section if requested by the child or, if the court finds that the interests of the child are not adequately represented, on the court�s own motion or on the motion of a party. A reasonable fee for an attorney so appointed under this paragraph may be charged against one or more of the parties or as a cost in the proceedings, but may not be charged against funds appropriated for public defense services. [2025 c.592 �5] ����� 109.065 Establishing parentage. Parentage may be established between a person and a child by: ����� (1) The person having given birth to the child, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement; ����� (2) An unrebutted presumption of parentage under ORS 109.067; ����� (3) An adjudication of the person�s parentage by judicial proceeding; ����� (4) Adoption of the child by the person; ����� (5) An effective acknowledgment of parentage under ORS 109.070 or pursuant to the laws of another state, unless the acknowledgment has been rescinded or successfully challenged; ����� (6) An adjudication of parentage by an administrative order issued pursuant to ORS 25.501 to 25.556; ����� (7) Establishment of parentage under ORS 109.206 to 109.218 of a child conceived by assisted reproduction other than under a surrogacy agreement; ����� (8) Establishment of parentage under ORS 109.222 to 109.244 of a child conceived by assisted reproduction under a gestational surrogacy agreement; or ����� (9) Parentage being established or declared by another provision of law. [2017 c.651 �2; 2019 c.13 �28; 2025 c.592 �3] ����� 109.067 Presumption of parentage; challenging presumption. (1) An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement: ����� (a) The individual is married to the parent who gave birth to the child at the time of the child�s birth, without a judgment of separation, regardless of whether the marriage is void; or ����� (b) The individual was married to the parent who gave birth to the child and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation. ����� (2) The parentage of a child that is established under subsection (1)(a) of this section may be challenged by the parent who gave birth to the child or by the child�s presumed parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the child�s presumed parent are cohabiting, unless the parent who gave birth to the child and the child�s presumed parent both consent to the challenge. ����� (3)(a) An action or proceeding to challenge parentage of a child established under this section must be initiated before the child attains 18 years of age unless the child initiates the action or proceeding. ����� (b) If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption. ����� (c) A presumption of parentage cannot be rebutted after the child attains four years of age unless the court determines: ����� (A) The presumed parent is not a genetic parent, never resided with the child and never held the child out as the presumed parent�s child; ����� (B) The child has more than one presumed parent; or ����� (C) The presumption arose due to fraud, duress or a material mistake of fact. ����� (d) The four-year statute of limitation under paragraph (c) of this subsection does not apply if the presumed parent�s parentage of the child is being challenged: ����� (A) Under ORS 109.148 based on the presumed parent having committed an act constituting rape, as defined in ORS 109.148, that resulted in the child�s conception; or ����� (B) Under ORS 109.213 (2), if the child was conceived by assisted reproduction, other than under a surrogacy agreement. ����� (4) Except as provided in ORS 109.148 or 109.213, if the parent who gave birth to a child is the only other person with a claim to parentage of the child in a proceeding to adjudicate a presumed parent�s parentage of the child, the court shall: ����� (a) Adjudicate the presumed parent to be a parent of the child if: ����� (A) No party to the proceeding challenges the presumed parent�s parentage of the child; or ����� (B) The presumed parent is identified under ORS 109.191 as a genetic parent of the child and that identification is not successfully challenged under ORS 109.191; or ����� (b) Adjudicate the parentage of the child in the best interests of the child based on the factors under ORS 109.151 if: ����� (A) The presumed parent is not identified under ORS 109.191 as a genetic parent of the child and the presumed parent or the parent who gave birth to the child challenges the presumed parent�s parentage of the child; or ����� (B) If another person, other than the presumed parent or the parent who gave birth to the child, asserts a claim to parentage of the child. ����� (5) The court may enter a judgment under this section before the child�s birth but shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the child�s birth. [2025 c.592 �6] ����� Note: The amendments to 109.067 by section 7, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience. ����� 109.067. (1) An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement: ����� (a) The individual is married to the parent who gave birth to the child at the time of the child�s birth, without a judgment of separation, regardless of whether the marriage is void; ����� (b) The individual was married to the parent who gave birth to the child and the child is born within 300 days after the marriage is terminated by death, annulment or dissolution or after entry of a judgment of separation; or ����� (c) The individual is not married to the parent who gave birth to the child at the time of the child�s birth but the individual and the parent who gave birth intend to be married and the individual agrees to be and is named as a parent of the child on the child�s record of live birth. ����� (2) The parentage of a child that is established under subsection (1)(a) of this section may be challenged by the parent who gave birth to the child or by the child�s presumed parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the child�s presumed parent are cohabiting, unless the parent who gave birth to the child and the child�s presumed parent both consent to the challenge. ����� (3)(a) An action or proceeding to challenge parentage of a child established under this section must be initiated before the child attains 18 years of age unless the child initiates the action or proceeding. ����� (b) If the court finds that it is just and equitable, giving consideration to the interests of the parties and the child, the court shall admit evidence offered to rebut the presumption. ����� (c) A presumption of parentage cannot be rebutted after the child attains four years of age unless the court determines: ����� (A) The presumed parent is not a genetic parent, never resided with the child and never held the child out as the presumed parent�s child; ����� (B) The child has more than one presumed parent; ����� (C) The presumption arose under subsection (1)(c) of this section but the presumed parent did not marry the person who gave birth to the child; or ����� (D) The presumption arose due to fraud, duress or a material mistake of fact. ����� (d) The four-year statute of limitation under paragraph (c) of this subsection does not apply if the presumed parent�s parentage of the child is being challenged: ����� (A) Under ORS 109.148 based on the presumed parent having committed an act constituting rape, as defined in ORS 109.148, that resulted in the child�s conception; or ����� (B) Under ORS 109.213 (2), if the child was conceived by assisted reproduction, other than under a surrogacy agreement. ����� (4) Except as provided in ORS 109.148 or 109.213, if the parent who gave birth to a child is the only other person with a claim to parentage of the child in a proceeding to adjudicate a presumed parent�s parentage of the child, the court shall: ����� (a) Adjudicate the presumed parent to be a parent of the child if: ����� (A) No party to the proceeding challenges the presumed parent�s parentage of the child; or ����� (B) The presumed parent is identified under ORS 109.191 as a genetic parent of the child and that identification is not successfully challenged under ORS 109.191; or ����� (b) Adjudicate the parentage of the child in the best interests of the child based on the factors under ORS 109.151 if: ����� (A) The presumed parent is not identified under ORS 109.191 as a genetic parent of the child and the presumed parent or the parent who gave birth to the child challenges the presumed parent�s parentage of the child; or ����� (B) If another person, other than the presumed parent or the parent who gave birth to the child, asserts a claim to parentage of the child. ����� (5) The court may enter a judgment under this section before the child�s birth but shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the child�s birth. ����� 109.070 Voluntary acknowledgment of parentage; rescission; challenge. (1) A parent who gave birth to a child and a child�s alleged genetic parent may establish parentage of the child: ����� (a) By filing with the State Registrar of the Center for Health Statistics a voluntary acknowledgment of parentage form as prescribed by rule under ORS 432.098: ����� (A) On or after the child�s date of birth; or ����� (B) After the child�s date of birth if the child�s parents marry after the child�s birth; or ����� (b) By establishment of parentage through a voluntary acknowledgment of parentage in another state. ����� (2) Except as otherwise provided in subsections (5) and (8) of this section, a filing under subsection (1)(a) of this section establishes parentage for all purposes. ����� (3) The voluntary acknowledgment of parentage form must contain: ����� (a) A statement that the child whose parentage is being acknowledged does not have a presumed parent, other acknowledged parent, adjudicated parent or intended parent other than the parent who gave birth to the child; ����� (b) A statement of the parents� rights and responsibilities including any rights afforded to a parent who is under 18 years of age; ����� (c) A statement of the alternatives to and consequences of signing the acknowledgment; ����� (d) Lines for the Social Security numbers and addresses of the parents; ����� (e) If the acknowledgment is witnessed by staff in the health care facility, a statement that the witness read to the parties the rights, responsibilities, alternatives and consequences listed on the acknowledgment prior to signing the acknowledgment; ����� (f) A statement that the parties to the acknowledgment understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances; and ����� (g) A place for the signatures of the parent who gave birth to the child and the individual whose parentage is being acknowledged to be: ����� (A) Notarized; or ����� (B) Witnessed by a staff member of the health facility where the child was born if witnessed within five days following the child�s birth. ����� (4) Unless rescinded under subsection (5) of this section or successfully challenged under subsection (6) of this section an acknowledgment of parentage that complies with this section and ORS 432.098 and has become effective as described in ORS 432.098 is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. ����� (5)(a) A party to a voluntary acknowledgment of parentage may rescind the acknowledgment by filing with the state registrar a written rescission, signed by the party and notarized. ����� (b) The rescission must be filed with the state registrar within the earlier of: ����� (A) Sixty days after the acknowledgment becomes effective as described in ORS 432.098; or ����� (B) The date of the first hearing before the court in a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party. ����� (6)(a) A signed voluntary acknowledgment of parentage filed in this state may be challenged and set aside in circuit court at any time after the 60-day period referred to in subsection (5) of this section on the basis of 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 acknowledgment; or ����� (C) The Department of Human Services or the administrator, as defined in ORS 25.010, if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment was signed because of fraud, duress or a material mistake of fact. ����� (c) Notwithstanding paragraph (b) of this subsection, an acknowledgment of parentage described in subsection (1)(a)(B) of this section may be challenged by the parent who gave birth to the child or by the child�s acknowledged parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the acknowledged parent are married and cohabiting, unless the parent who gave birth to the child and the acknowledged parent both consent to the challenge. ����� (d) The challenge shall be initiated by filing a petition with the circuit court. Unless otherwise specifically provided by law, the challenge shall be conducted pursuant to the Oregon Rules of Civil Procedure. ����� (e) Every party to the acknowledgment must be made a party to the proceeding. ����� (f) By signing an acknowledgment of parentage, a party to the acknowledgment submits to the personal jurisdiction in this state in a proceeding to challenge the acknowledgment, effective on the filing of the acknowledgment with the state registrar. ����� (g) The party bringing the challenge has the burden of proof. ����� (h) Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause. ����� (i) If the court finds by a preponderance of the evidence that the acknowledgment was signed because of fraud, duress or material mistake of fact, the court shall set aside the acknowledgment unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment would be substantially inequitable. ����� (7) A party to a voluntary acknowledgment of parentage, or the department if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for an order for genetic testing in accordance with ORS 25.554 if: ����� (a) The application is made within one year after the acknowledgment becomes effective, as described in ORS 432.098; ����� (b) Genetic testing has not previously been completed; and ����� (c) The administrator is not prohibited under ORS 25.554 (9) from reopening the issue of parentage and ordering genetic testing. ����� (8)(a) A voluntary acknowledgment of parentage is not valid if, before the party signed the acknowledgment: ����� (A) The party signed a consent to the adoption of the child by another individual; ����� (B) The party signed a document relinquishing the child to a child-caring agency as defined in ORS 418.205; ����� (C) The party�s parental rights were terminated by a court; or ����� (D) The party was adjudicated not to be the parent of the child. ����� (b) A voluntary acknowledgment of parentage is not valid if, at the time the acknowledgment is signed, an individual other than the parent who gave birth to the child is the child�s presumed parent, acknowledged parent, adjudicated parent or intended parent, including an intended parent of the child under a surrogacy agreement. ����� (c) Notwithstanding any provision of subsection (1)(a) or (b) of this section or ORS 432.098 to the contrary, an acknowledgment does not establish parentage and is void if: ����� (A) The acknowledgment is signed by a party described in paragraph (a) of this subsection; or ����� (B) The acknowledgment is signed under the circumstances described in paragraph (b) of this subsection. ����� (9) An unchallenged acknowledgment of parentage may not be ratified by a court or an administrative agency. [1957 c.411 �2; 1969 c.619 �11; 1971 c.127 �2; 1975 c.640 �3; 1983 c.709 �37; 1995 c.79 �37; 1995 c.514 �7; 1999 c.80 �20; 2001 c.455 �17; 2003 c.576 �136; 2005 c.160 ��11,17; 2007 c.454 �1; 2016 c.106 �42; 2017 c.651 �3; 2025 c.592 �8] ����� Note: The amendments to 109.070 by section 9, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience. ����� 109.070. (1) A parent who gave or will give birth to a child and a child�s alleged genetic parent, presumed parent or, if the child was conceived by assisted reproduction, other than under a surrogacy agreement, intended parent may establish parentage of the child: ����� (a) By filing with the State Registrar of the Center for Health Statistics a voluntary acknowledgment of parentage form as prescribed by rule under ORS 432.098: ����� (A) Before, on or after the child�s date of birth; or ����� (B) After the child�s date of birth if the child�s parents marry after the child�s birth; or ����� (b) By establishment of parentage through a voluntary acknowledgment of parentage in another state. ����� (2) Except as otherwise provided in subsections (6) and (9) of this section, a filing under subsection (1)(a) of this section establishes parentage for all purposes. ����� (3) The voluntary acknowledgment of parentage form must contain: ����� (a) A statement that the child whose parentage is being acknowledged: ����� (A) Does not have a presumed parent other than the individual seeking to establish parentage or has a presumed parent whose denial of parentage is being filed with the acknowledgment; and ����� (B) Does not have another acknowledged parent, adjudicated parent or intended parent other than the parent who gave or will give birth to the child; ����� (b) A statement of the parents� rights and responsibilities including any rights afforded to a parent who is under 18 years of age; ����� (c) A statement of the alternatives to and consequences of signing the acknowledgment; ����� (d) Lines for the Social Security numbers and addresses of the parents; ����� (e) If the acknowledgment is witnessed by staff in the health care facility, a statement that the witness read to the parties the rights, responsibilities, alternatives and consequences listed on the acknowledgment prior to signing the acknowledgment; ����� (f) A statement that the parties to the acknowledgment understand that the acknowledgment is the equivalent of an adjudication of parentage of the child and that a challenge to the acknowledgment is permitted only under limited circumstances; and ����� (g) A place for the signatures of the parent who gave or will give birth to the child and the individual whose parentage is being acknowledged to be: ����� (A) Notarized; or ����� (B) Witnessed by a staff member of the health facility where the child was born if witnessed within five days following the child�s birth. ����� (4)(a) A presumed parent or an alleged genetic parent may deny parentage by signing a written denial of parentage. ����� (b) The denial of parentage is effective only if: ����� (A) An acknowledgment of parentage by another individual is filed with the state registrar before, concurrently or after the denial of parentage is filed with the state registrar; ����� (B) The signature of the presumed parent or alleged genetic parent is notarized; and ����� (C) The presumed parent or alleged genetic parent has not previously been adjudicated to be a parent of the child or signed a valid acknowledgment of parentage, unless the previous acknowledgment of parentage was rescinded under subsection (6) of this section or challenged successfully under subsection (7) of this section. ����� (5) Unless rescinded under subsection (6) of this section or successfully challenged under subsection (7) of this section: ����� (a) An acknowledgment of parentage that complies with this section and ORS 432.098 and has become effective as described in ORS 432.098 is equivalent to an adjudication of parentage of the child and confers on the acknowledged parent all rights and duties of a parent. ����� (b) A denial of parentage by a presumed parent or alleged genetic parent that complies with this section and ORS 432.098 and has become effective as described in ORS 432.098 is equivalent to an adjudication of nonparentage. ����� (6)(a) A party to a voluntary acknowledgment or denial of parentage may rescind the acknowledgment or denial by filing with the state registrar a written rescission, signed by the party and notarized. ����� (b) The rescission must be filed with the state registrar within the earlier of: ����� (A) Sixty days after the acknowledgment or denial becomes effective as described in ORS 432.098; or ����� (B) The date of the first hearing before the court in a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment or denial is also a party. ����� (c)(A) If an acknowledgment of parentage is rescinded under this subsection, an associated denial of parentage is invalid. ����� (B) If a denial of parentage is rescinded under this subsection, an associated acknowledgment of parentage is invalid. ����� (7)(a) A signed voluntary acknowledgment of parentage and, if applicable, denial of parentage filed in this state may be challenged and set aside in circuit court at any time after the 60-day period referred to in subsection (6) of this section on the basis of fraud, duress or a material mistake of fact. ����� (b) The challenge may be brought by: ����� (A) A party to the acknowledgment and, if applicable, the denial; ����� (B) The child named in the acknowledgment and, if applicable, the denial; or ����� (C) The Department of Human Services or the administrator, as defined in ORS 25.010, if the child named in the acknowledgment and, if applicable, the denial is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment or denial was signed because of fraud, duress or a material mistake of fact. ����� (c) Notwithstanding paragraph (b) of this subsection, an acknowledgment of parentage described in subsection (1)(a)(B) of this section may be challenged by the parent who gave birth to the child or by the child�s acknowledged parent. The parentage may not be challenged by any other person as long as the parent who gave birth to the child and the acknowledged parent are married and cohabiting, unless the parent who gave birth to the child and the acknowledged parent both consent to the challenge. ����� (d) The challenge shall be initiated by filing a petition with the circuit court. Unless otherwise specifically provided by law, the challenge shall be conducted pursuant to the Oregon Rules of Civil Procedure. ����� (e) Every party to the acknowledgment and, if applicable, the denial must be made a party to the proceeding. ����� (f) By signing an acknowledgment of parentage or denial of parentage, a party to the acknowledgment or denial submits to the personal jurisdiction in this state in a proceeding to challenge the acknowledgment or denial, effective on the filing of the acknowledgment or denial with the state registrar. ����� (g) The party bringing the challenge has the burden of proof. ����� (h) Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause. ����� (i) If the court finds by a preponderance of the evidence that the acknowledgment or denial was signed because of fraud, duress or material mistake of fact, the court shall set aside the acknowledgment and, if applicable, the denial unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment or denial would be substantially inequitable. ����� (8) A party to a voluntary acknowledgment of parentage or denial of parentage, or the department if the child named in the acknowledgment and, if applicable, the denial is in the care and custody of the department under ORS chapter 419B, may apply to the administrator for an order for genetic testing in accordance with ORS 25.554 if: ����� (a) The application is made within one year after the acknowledgment or denial becomes effective, as described in ORS 432.098; ����� (b) Genetic testing has not previously been completed; and ����� (c) The administrator is not prohibited under ORS 25.554 (9) from reopening the issue of parentage and ordering genetic testing. ����� (9)(a) A voluntary acknowledgment of parentage is not valid if, before the party signed the acknowledgment: ����� (A) The party signed a consent to the adoption of the child by another individual; ����� (B) The party signed a document relinquishing the child to a child-caring agency as defined in ORS 418.205; ����� (C) The party�s parental rights were terminated by a court; or ����� (D) The party was adjudicated not to be the parent of the child. ����� (b) A voluntary acknowledgment of parentage and, if applicable, denial of parentage is not valid if, at the time the acknowledgment or denial is signed: ����� (A) An individual other than the individual seeking to establish parentage or the individual seeking to deny parentage is the presumed parent of the child; or ����� (B) An individual other than the parent who gave or will give birth to the child or the individual seeking to establish parentage, is the child�s acknowledged parent, adjudicated parent or intended parent, including an intended parent of the child under a surrogacy agreement. ����� (c) Notwithstanding any provision of subsection (1)(a) or (b) of this section or ORS 432.098 to the contrary, an acknowledgment or denial does not establish or disestablish parentage and is void if: ����� (A) The acknowledgment is signed by a party described in paragraph (a) of this subsection; or ����� (B) The acknowledgment or denial is signed under the circumstances described in paragraph (b) of this subsection. ����� (10) An unchallenged acknowledgment of parentage may not be ratified by a court or an administrative agency. ����� 109.072 Petition to vacate or set aside parentage determination. (1) As used in this section: ����� (a)(A) �Parentage judgment� means a judgment or administrative order that: ����� (i) Expressly or by inference determines the parentage of a child, or that imposes a child support obligation based on the parentage of a child; and ����� (ii) Resulted from a proceeding in which genetic testing was not performed and the issue of parentage was not challenged. ����� (B) �Parentage judgment� does not include a judgment or administrative order that determines parentage of a child conceived by assisted reproduction. ����� (b) �Petition� means a petition or motion filed under this section. ����� (c) �Petitioner� means the person filing a petition or motion under this section. ����� (2)(a) The following may file in circuit court a petition to vacate or set aside the parentage determination of a parentage judgment, including any child support obligations established in the parentage judgment, and for 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 the Department of Human Services under ORS chapter 419B. ����� (C) The Division of Child Support of the Department of Justice if the child support rights of the child or of one of the parties to the parentage judgment have been assigned to the state. ����� (b) The petitioner may file the petition in the circuit court proceeding in which the parentage judgment was entered, in a related proceeding or in a separate action. The petitioner shall attach a copy of the parentage judgment to the petition. ����� (c) If the ground for the petition is that the parentage determination was obtained by or was the result of mistake, inadvertence, surprise or excusable neglect, the petitioner may not file the petition more than one year after entry of the parentage judgment. ����� (d) If the ground for the petition is that the parentage determination was obtained by or was the result of fraud, misrepresentation or other misconduct of an adverse party, the petitioner may not file the petition more than one year after the petitioner discovers the fraud, misrepresentation or other misconduct. ����� (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 attending school, as defined in ORS 107.108; ����� (C) The Department of Human Services if the child is in the care and custody of the Department of Human Services under ORS chapter 419B; and ����� (D) The Administrator of the Division of Child Support of the Department of Justice if the child support rights of the child or of one of the parties to the parentage judgment have been assigned to the state. ����� (b) Provide the full name and date of birth of the child whose parentage was determined by the parentage judgment. ����� (c) Allege the facts and circumstances that resulted in the entry of the parentage judgment and explain why the issue of parentage was not contested. ����� (4) After filing a petition under this section, the petitioner shall serve a summons and a true copy of the petition on all parties as provided in ORCP 7. ����� (5) The court, on its own motion or on the motion of a party, may appoint counsel for the child. However, if requested to do so by the child, the court shall appoint counsel for the child. A reasonable fee for an attorney so appointed may be charged against one or more of the parties or as a cost in the proceeding, but may not be charged against funds appropriated for public defense services. ����� (6) The court may order the parent who gave birth to the child, the child and the person whose parentage of the child was determined by the parentage judgment to submit to genetic testing. In deciding whether to order genetic testing, the court shall consider the interests of the parties and the child and, if it is just and equitable to do so, may deny a request for genetic testing. If the court orders genetic testing under this subsection, the court shall order the petitioner to pay the costs of the genetic testing. ����� (7) Unless the court finds, giving consideration to the interests of the parties and the child, that to do so would be substantially inequitable, the court shall vacate or set aside the parentage determination of the parentage judgment, including provisions imposing child support obligations, and enter a judgment of nonparentage if the court finds by a preponderance of the evidence that: ����� (a) The parentage determination was obtained by or was the result of: ����� (A) Mistake, inadvertence, surprise or excusable neglect; or ����� (B) Fraud, misrepresentation or other misconduct of an adverse party; ����� (b) The mistake, inadvertence, surprise, excusable neglect, fraud, misrepresentation or other misconduct was discovered by the petitioner after the entry of the parentage judgment; and ����� (c)(A) Genetic testing establishes that the person is not the genetic parent of the child and the parentage determination was based on genetic parentage; or ����� (B) The parentage determination was not based on genetic parentage. ����� (8) If the court finds that the parentage determination of a parentage judgment was obtained by or was the result of fraud, the court may vacate or set aside the parentage determination regardless of whether the fraud was intrinsic or extrinsic. ����� (9) The court shall deny a petition to set aside the parentage determination if the court finds, based on genetic testing, that the person is the child�s presumed genetic parent under ORS 109.191 unless the person has rebutted the presumption as provided in ORS 109.191 (2). ����� (10) The court may grant the relief authorized by this section upon a party�s default, or by consent or stipulation of the parties, without genetic testing. ����� (11) A judgment entered under this section vacating or setting aside the parentage determination of a parentage judgment and determining nonparentage: ����� (a) Shall contain the full name and date of birth of the child whose parentage was established or declared by the parentage judgment. ����� (b) Shall vacate and terminate any ongoing and future child support obligations arising from or based on the parentage judgment. ����� (c) May vacate or deem as satisfied, in whole or in part, unpaid child support obligations arising from or based on the parentage judgment. ����� (d) May not order restitution from the state for any sums paid to or collected by the state for the benefit of the child. ����� (12) If the court vacates or sets aside the parentage determination of a parentage judgment under this section and enters a judgment of nonparentage, the petitioner shall send a court-certified true copy of the judgment entered under this section to the State Registrar of the Center for Health Statistics and to the Department of Justice as the state disbursement unit. Upon receipt of the court-certified true copy of the judgment entered under this section, the state registrar shall correct any records maintained by the state registrar that indicate that the party to the parentage judgment is the parent of the child. ����� (13) The court may award to the prevailing party a judgment for reasonable attorney fees and costs, including the cost of any genetic testing ordered by the court and paid by the prevailing party. ����� (14) A judgment entered under this section vacating or setting aside the parentage determination of a parentage judgment and determining nonparentage is not a bar to further proceedings to determine parentage, as otherwise allowed by law. ����� (15) If a person whose parentage of a child has been determined by a parentage judgment has died, an action under this section may not be initiated by or on behalf of the estate of the person. ����� (16) This section does not limit the authority of the court to vacate or set aside a judgment under ORCP 71, to modify a judgment within a reasonable period, to entertain an independent action to relieve a party from a judgment, to vacate or set aside a judgment for fraud upon the court or to render a declaratory judgment under ORS chapter 28. ����� (17) This section shall be liberally construed to the end of achieving substantial justice. [2007 c.454 �9; 2017 c.651 �16; 2025 c.592 �10] ����� 109.073 Social Security number of parent in parentage order, judgment or declaration. Except as otherwise provided in ORS 25.020, the final four digits of the Social Security number of a parent who is subject to a parentage determination pursuant to ORS 25.501 to 25.556 or 109.065 (5) or (7) shall be included in the order, judgment or other declaration establishing parentage. [1997 c.746 �123; 1999 c.80 �94; 2005 c.160 ��12,18; 2015 c.197 �5; 2017 c.651 �17; 2025 c.592 �118] ����� Note: 109.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.075 Binding effect of determination of parentage. (1) Except as otherwise provided in subsection (2) of this section: ����� (a) A signatory to an acknowledgment of parentage is bound by the acknowledgment as provided in ORS 25.554, 109.070, 109.072 and 432.098; and ����� (b) A parent to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of ORS 110.518 and any individual who received notice of the proceeding are bound by the adjudication. ����� (2) A child is bound by a determination of parentage only if: ����� (a) The determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing; ����� (b) The determination was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or otherwise shown; ����� (c) The child was conceived by assisted reproduction, including under a gestational surrogacy agreement, and the determination of parentage was made under ORS 109.206 to 109.218 or 109.222 to 109.244; or ����� (d) The child was a party or was represented by an attorney in the proceeding. ����� (3) In a proceeding for dissolution, annulment or legal separation, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of ORS 110.518 and the final judgment: ����� (a) Expressly identifies the child as a �child of the marriage� or �issue of the marriage� or includes similar words indicating that both spouses are parents of the child; or ����� (b) Provides for support of the child by a spouse unless that spouse�s parentage of the child is disclaimed specifically in the judgment. ����� (4) Except as otherwise provided in subsection (2) of this section or ORS 109.070, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding. ����� (5) A party to an adjudication of parentage may challenge the adjudication only under ORS 109.072. [2025 c.592 �102] ����� Note: The amendments to 109.075 by section 103, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience. ����� 109.075. (1) Except as otherwise provided in subsection (2) of this section: ����� (a) A signatory to an acknowledgment of parentage or denial of parentage is bound by the acknowledgment and denial as provided in ORS 25.554, 109.070, 109.072 and 432.098; and ����� (b) A parent to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of ORS 110.518 and any individual who received notice of the proceeding are bound by the adjudication. ����� (2) A child is bound by a determination of parentage only if: ����� (a) The determination was based on an unrescinded acknowledgment of parentage and the acknowledgment is consistent with the results of genetic testing; ����� (b) The determination was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or otherwise shown; ����� (c) The child was conceived by assisted reproduction, including under a gestational surrogacy agreement, and the determination of parentage was made under ORS 109.206 to 109.218 or 109.222 to 109.244; or ����� (d) The child was a party or was represented by an attorney in the proceeding. ����� (3) In a proceeding for dissolution, annulment or legal separation, the court is deemed to have made an adjudication of parentage of a child if the court acts under circumstances that satisfy the jurisdiction requirements of ORS 110.510 and the final judgment: ����� (a) Expressly identifies the child as a �child of the marriage� or �issue of the marriage� or includes similar words indicating that both spouses are parents of the child; or ����� (b) Provides for support of the child by a spouse unless that spouse�s parentage of the child is disclaimed specifically in the judgment. ����� (4) Except as otherwise provided in subsection (2) of this section or ORS 109.070, a determination of parentage may be asserted as a defense in a subsequent proceeding seeking to adjudicate parentage of an individual who was not a party to the earlier proceeding. ����� (5) A party to an adjudication of parentage may challenge the adjudication only under ORS 109.072. ����� Note: 109.075 was added to and made a part of ORS chapter 109 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. ����� 109.080 [1957 c.411 �4; 1959 c.432 �64; repealed by 1975 c.640 �18] ����� 109.082 Uniformity of application and construction. In applying and construing ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform parentage act. [2025 c.592 �104] ����� Note: 109.082 and 109.084 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.084 Relation to Electronic Signatures in Global and National Commerce Act. ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq, but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any notice described in 15 U.S.C. 7003(b). [2025 c.592 �105] ����� Note: See note under 109.082. ����� 109.090 Interpretation of ORS 109.060 to 109.090. (1) The provisions of ORS 109.060 to 109.090 shall apply to all persons, irrespective of whether they are born before or after August 20, 1957. ORS 109.060 to 109.090 shall not be construed to affect a decree of distribution entered, or any probate proceeding closed, prior to August 20, 1957. ����� (2) ORS 109.060 to 109.090 shall be liberally construed, with the view of effectuating their objects, notwithstanding the rule of common law that statutes in derogation thereof are to be strictly construed. [1957 c.411 ��5,6; 1983 c.740 �11] ����� 109.092 Obligation to recognize responsibility for conception; surrender of child for adoption. (1) When it is determined that a person is pregnant with a child, the person and any individual to whom the pregnant person is not married and with whom the pregnant person engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that the individual may be the other person responsible for the conception. ����� (2)(a) During the months of pregnancy, the individual may join the pregnant person in acknowledging parentage and assuming the rights and duties of expectant parenthood. ����� (b) If the individual acknowledges parentage of the expected child and the pregnant person denies that the individual is the genetic parent of the child or refuses to join the individual in acknowledging parentage, the individual may seek relief under ORS 109.125. ����� (c) If the pregnant person wants the individual to acknowledge the individual�s parentage of the expected child and the individual denies parentage or refuses to acknowledge parentage, the pregnant person may seek relief under ORS 109.125. ����� (3) If after the birth of the child the parent who gave birth to the child decides to surrender the child for adoption and parentage has not been acknowledged as provided in ORS 109.065 (5) or the alleged genetic parent has not asserted parental rights in proceedings to adjudicate parentage of the child, the parent who gave birth to the child has the right without the consent of the alleged genetic parent to surrender the child as provided in ORS 418.270 or to consent to the child�s adoption. ����� (4) Subsection (3) of this section does not apply if the child is an Indian child, as defined in ORS 419B.603. [1975 c.640 �2; 1995 c.514 �17; 2005 c.160 ��13,19; 2017 c.651 �18; 2021 c.398 �43; 2025 c.592 �11] ����� 109.094 Rights of parent when parentage established; procedure when parentage established. Upon the parentage of a child being established in the proceedings, a parent shall have the same rights as a parent who is or was married to the parent who gave birth to the child. The clerk of the court shall certify the fact of parentage to the Center for Health Statistics of the Oregon Health Authority, and the Center for Health Statistics shall amend a record of live birth for the child and issue a new certified copy of the record of live birth for the child. [1975 c.640 �6; 1983 c.709 �38; 2009 c.595 �67; 2013 c.366 �56; 2017 c.651 �19; 2025 c.592 �119] ����� 109.096 Notice to alleged genetic parent when parentage not established. (1) When the parentage of a child has not been established under ORS 109.065 or has not been established or acknowledged under ORS 419B.609, the alleged genetic parent is entitled to reasonable notice in adoption or other court proceedings concerning the custody of the child, except for juvenile court proceedings, if the petitioner knows, or by the exercise of ordinary diligence should have known: ����� (a) That the child resided with the alleged genetic parent at any time during the 60 days immediately preceding the initiation of the proceeding, or at any time since the child�s birth if the child is less than 60 days old when the proceeding is initiated; or ����� (b) That the alleged genetic parent repeatedly has contributed or tried to contribute to the support of the child during the year immediately preceding the initiation of the proceeding, or during the period since the child�s birth if the child is less than one year old when the proceeding is initiated. ����� (2) Except as provided in subsection (3) or (4) of this section, a verified statement of the parent who gave birth to the child or of the petitioner, or an affidavit of another person with knowledge of the facts, filed in the proceeding and asserting that the child has not resided with the alleged genetic parent, as provided in subsection (1)(a) of this section, and that the alleged genetic parent has not contributed or tried to contribute to the support of the child, as provided in subsection (1)(b) of this section, is sufficient proof to enable the court to grant the relief sought without notice to the alleged genetic parent. ����� (3) The alleged genetic parent is entitled to reasonable notice in a proceeding for the adoption of the child if notice of the initiation of a proceeding to adjudicate parentage as required by ORS 109.167 is on file with the Center for Health Statistics of the Oregon Health Authority prior to the child�s being placed in the physical custody of a person or persons for the purpose of adoption by them. If the notice of the initiation of a proceeding to adjudicate parentage is not on file at the time of the placement, the alleged genetic parent is barred from contesting the adoption proceeding. ����� (4) Except as otherwise provided in subsection (3) of this section, the alleged genetic parent is entitled to reasonable notice in court proceedings concerning the custody of the child, other than juvenile court proceedings, if notice of the initiation of a proceeding to adjudicate parentage as required by ORS 109.167 is on file with the Center for Health Statistics prior to the initiation of the proceedings. ����� (5) Notice under this section is not required to be given to an alleged genetic parent who was a party to a proceeding to adjudicate parentage under ORS 109.125 or to a proceeding to acknowledge or establish parentage of an Indian child under ORS 419B.609 if the proceeding under ORS 109.125 or 419B.609 was dismissed or resulted in a finding that the alleged genetic parent was not the parent of the child. ����� (6) The notice required under this section shall be given in the manner provided in ORS 109.330. ����� (7) No notice given under this section need disclose the name of the parent who gave birth to the child. ����� (8) An individual who is an alleged genetic parent has the primary responsibility to protect the individual�s rights, and nothing in this section may be used to set aside an act of a permanent nature including, but not limited to, adoption or termination of parental rights, unless the alleged genetic parent establishes within one year after the entry of the final judgment or order fraud on the part of a petitioner in the proceeding with respect to matters specified in subsections (1) to (5) of this section. [1975 c.640 �7; 1979 c.491 �1; 1983 c.709 �39; 1995 c.90 �1; 2003 c.576 �137; 2005 c.160 �5; 2009 c.595 �68; 2017 c.651 �20; 2021 c.398 �44; 2023 c.9 �6; 2025 c.592 �12] ����� 109.098 Objection of alleged genetic parent in proceeding referred to in ORS 109.096; effect of failure to appear and object. (1) If an alleged genetic parent of a child by due appearance in a proceeding of which the alleged genetic parent is entitled to notice under ORS 109.096 objects to the relief sought, the court: ����� (a)(A) May stay the adoption or other court proceeding to await the outcome of the proceeding to adjudicate parentage only if notice of the initiation of the proceeding was on file as required by ORS 109.096 (3) or (4); or ����� (B) If the child is an Indian child, as defined in ORS 419B.603, shall stay the adoption proceeding to await the outcome of an adjudication of the alleged genetic parent�s parentage under ORS 419B.609. ����� (b) Shall, if no proceeding to determine the alleged genetic parent�s parentage is pending, inquire as to the parentage of the child, the alleged genetic parent�s past endeavors to fulfill the alleged genetic parent�s obligation to support the child and to contribute to the pregnancy-related medical expenses, the period that the child has lived with the alleged genetic parent, the alleged genetic parent�s fitness to care for and rear the child and whether the alleged genetic parent is willing to be declared the genetic parent of the child and to assume the responsibilities of a parent. ����� (2) If after inquiry under subsection (1)(b) of this section the court finds: ����� (a) That the alleged genetic parent is the genetic parent of the child and is fit and willing to assume the responsibilities of a parent, it shall have the power: ����� (A) Except as provided in ORS 109.148, upon the request of the alleged genetic parent, to adjudicate the alleged genetic parent�s parentage and certify the parentage in the manner provided in ORS 109.094; and ����� (B) To award custody of the child to either parent as may be in the best interests of the child, or to take any other action which the court may take if the parents are or were married to each other. ����� (b) That the alleged genetic parent is not the parent of the child, it may grant the relief sought in the proceeding without the alleged genetic parent�s consent. ����� (c) That the alleged genetic parent is the genetic parent of the child but is not fit or willing to assume the responsibilities of a parent, it may grant the relief sought in the proceeding or any other relief that the court deems to be in the child�s best interests as described in ORS 109.151, notwithstanding the alleged genetic parent�s objection. ����� (3) If a child�s alleged genetic parent is given the notice of a proceeding required by ORS 109.096 and fails to enter due appearance and to object to the relief sought therein within the time specified in the notice, the court may grant the relief sought without the alleged genetic parent�s consent. [1975 c.640 �8; 1995 c.90 �2; 2005 c.160 �6; 2017 c.651 �21; 2021 c.398 �45; 2025 c.592 �13] ����� 109.100 Petition for support; effect of judgment; parties. (1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive parents of the child may be found, for an order upon the child�s parent or parents to provide for the child�s support. The child or the administrator may apply for the order by filing in the county a petition setting forth the facts and circumstances relied upon for the order. If satisfied that a just cause exists, the court shall direct that the parents appear at a time set by the court to show cause why an order of support should not be entered in the matter. ����� (2) The petitioner shall state in the petition, to the extent known: ����� (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor child, including a proceeding brought under ORS 25.287, 25.501 to 25.556, 107.085, 107.135, 107.431, 108.110, 109.103, 109.158, 125.025 or 419B.400 or ORS chapter 110; and ����� (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the minor child. ����� (3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section. ����� (4) The judgment of a court under subsection (1) of this section is final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the judgment, and the court may not set aside, alter or modify the judgment, or any portion thereof, that provides for any payment of money that has accrued prior to the filing of the motion. ����� (5) The provisions of ORS 108.120 apply to proceedings under subsection (1) of this section. ����� (6) In any proceeding under this section, both the child�s physical and legal custodians are parties to the action. [1963 c.497 �2; 1975 c.458 �14; 1979 c.90 �2; 1979 c.284 �100; 1989 c.812 �7; 1993 c.596 �20; 2003 c.73 �55a; 2003 c.116 �8; 2003 c.576 �244; 2011 c.595 �124; 2015 c.298 �93; 2021 c.597 �63; 2025 c.592 �120] ����� 109.103 Proceeding to determine custody or support of child. (1) If a child is born to an unmarried person and parentage has been established under ORS 109.065, or if a child is born to a married person by an individual other than the spouse of the parent who gave birth to the child and parentage between the individual and the child has been established under ORS 109.065, either parent may initiate a civil proceeding to determine the custody or support of, or parenting time with, the child. The proceeding shall be brought in the circuit court of the county in which the child resides or is found or in the circuit court of the county in which either parent resides. The parents have the same rights and responsibilities regarding the custody and support of, and parenting time with, their child that married or divorced parents would have, and the provisions of ORS 107.094 to 107.449 that relate to custody, support and parenting time, the provisions of ORS 107.755 to 107.795 that relate to mediation procedures, and the provisions of ORS 107.810, 107.820 and 107.830 that relate to life insurance, apply to the proceeding. ����� (2) A parent may initiate the proceeding by filing with the court a petition setting forth the facts and circumstances upon which the parent relies. The parent shall state in the petition, to the extent known: ����� (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including one brought under ORS 25.501 to 25.556, 109.100, 109.158, 125.025 or 419B.400 or ORS chapter 110; and ����� (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the child. ����� (3) The parent shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The parent shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section. ����� (4) When a parent initiates a proceeding under this section and the child support rights of one of the parents or of the child have been assigned to the state, the parent initiating the proceeding shall serve, by mail or personal delivery, a copy of the petition on the Administrator of the Division of Child Support or on the branch office providing support services to the county in which the suit is filed. ����� (5)(a) After a petition is filed under this section and upon service of summons and petition upon the respondent as provided in ORCP 7, a restraining order is issued and in effect against the petitioner and the respondent until a final judgment is issued, until the petition is dismissed or until further order of the court, restraining the petitioner and the respondent from: ����� (A) Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary; and ����� (B) Changing beneficiaries or covered parties under any policy of health insurance that one party maintains to provide coverage for a minor child of the parties, or any life insurance policy. ����� (b) Either party restrained under this subsection may apply to the court for further temporary orders, including modification or revocation of the restraining order issued under this subsection. ����� (c) The restraining order issued under this subsection shall include a notice that either party may request a hearing on the restraining order by filing a request for hearing with the court. ����� (d) A copy of the restraining order issued under this subsection must be attached to the summons. ����� (e) A party who violates a term of a restraining order issued under this subsection is subject to imposition of remedial sanctions under ORS 33.055 based on the violation, but is not subject to: ����� (A) Criminal prosecution based on the violation; or ����� (B) Imposition of punitive sanctions under ORS 33.065 based on the violation. [1975 c.640 �9; 2003 c.116 �9; 2003 c.572 �15; 2007 c.454 �2; 2011 c.114 �4; 2013 c.126 �2; 2013 c.127 �2; 2015 c.298 �94; 2017 c.651 �22; 2021 c.597 �64; 2025 c.592 �121] ����� 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 [1975 c.640 �10; 2025 c.592 �14; renumbered 109.628 in 2025] ����� 109.115 [1969 c.271 �2; renumbered 109.620] ����� 109.116 Validity of alleged genetic parent�s authorization, release or waiver. Any authorization, release or waiver given by a child�s alleged genetic parent with reference to the custody or adoption of the child or the termination of parental rights shall be valid even if given prior to the child�s birth. [1975 c.640 �11; 2025 c.592 �122] ����� 109.118 Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child. All decrees or orders heretofore entered in any court of this state concerning the custody, adoption or permanent commitment of a child are hereby declared valid upon the expiration of 30 days after July 3, 1975, notwithstanding that notice was not given to the putative father of the child. [1975 c.640 �13] ����� 109.119 Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention. (1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section. ����� (2)(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child. ����� (b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection. ����� (c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section. ����� (3)(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order. ����� (b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order. ����� (4)(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence: ����� (A) The petitioner or intervenor is or recently has been the child�s primary caretaker; ����� (B) Circumstances detrimental to the child exist if relief is denied; ����� (C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; ����� (D) Granting relief would not substantially interfere with the custodial relationship; or ����� (E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor. ����� (b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence: ����� (A) The legal parent is unwilling or unable to care adequately for the child; ����� (B) The petitioner or intervenor is or recently has been the child�s primary caretaker; ����� (C) Circumstances detrimental to the child exist if relief is denied; ����� (D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or ����� (E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor. ����� (5) In addition to the other rights granted under this section, a stepparent with a child-parent relationship who is a party in a dissolution proceeding may petition the court having jurisdiction for custody or visitation under this section or may petition the court for the county in which the child resides for adoption of the child. The stepparent may also file for post-judgment modification of a judgment relating to child custody. ����� (6)(a) A motion for intervention filed under this section shall comply with ORCP 33 and state the grounds for relief under this section. ����� (b) Costs for the representation of an intervenor under this section may not be charged against funds appropriated for public defense services. ����� (7) In a proceeding under this section, the court may: ����� (a) Cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist the parties in creating and implementing parenting plans under ORS 107.425 (3). ����� (b) Assess against a party reasonable attorney fees and costs for the benefit of another party. ����� (8) When a petition or motion to intervene is filed under this section seeking guardianship or custody of a child who is a foreign national, the petitioner or intervenor shall serve a copy of the petition or motion on the consulate for the child�s country. ����� (9) This section does not apply to proceedings under ORS chapter 419B. ����� (10) As used in this section: ����� (a) �Child-parent relationship� means a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child�s psychological needs for a parent as well as the child�s physical needs. However, a relationship between a child and a person who is the nonrelated foster parent of the child is not a child-parent relationship under this section unless the relationship continued over a period exceeding 12 months. ����� (b) �Circumstances detrimental to the child� includes but is not limited to circumstances that may cause psychological, emotional or physical harm to a child. ����� (c) �Grandparent� means the legal parent of the child�s legal parent. ����� (d) �Legal parent� means a parent as defined in ORS 419A.004 whose rights have not been terminated under ORS 419B.500 to 419B.524. ����� (e) �Ongoing personal relationship� means a relationship with substantial continuity for at least one year, through interaction, companionship, interplay and mutuality. [1985 c.516 �2; 1987 c.810 �1; 1993 c.372 �1; 1997 c.92 �1; 1997 c.479 �1; 1997 c.873 �20; 1999 c.569 �6; 2001 c.873 ��1,1a,1e; 2003 c.143 ��1,2; 2003 c.231 ��4,5; 2003 c.576 ��138,139] ����� 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 by 2001 c.873 �2] ����� 109.123 [1979 c.776 �3; repealed by 2001 c.873 �2] (Adjudications of Parentage) ����� 109.124 Definitions for ORS 109.124 to 109.171. As used in ORS 109.124 to 109.171, unless the context requires otherwise: ����� (1) �Child attending school� has the meaning given that term in ORS 107.108. ����� (2) �Child born out of wedlock� means a child born to an unmarried person or to a married person by another person who is not the person�s spouse. ����� (3) �Respondent� may include, but is not limited to, one or more of the following persons: ����� (a) A child�s alleged genetic parent; ����� (b) A child�s presumed parent; ����� (c) The person who gave or will give birth to the child, if the child was conceived by assisted reproduction under a gestational surrogacy agreement; ����� (d) The parent who gave or will give birth to the child; ����� (e) The child�s intended parent, if the child was conceived by assisted reproduction, other than under a gestational surrogacy agreement; or ����� (f) The duly appointed and acting guardian of the child or conservator of the child�s estate. [1979 c.246 �4; 1983 c.762 �1; 1995 c.79 �38; 1995 c.343 �24; 1995 c.514 �18; 1997 c.704 �56; 2005 c.160 ��14,20; 2007 c.454 �3; 2017 c.651 �51; 2025 c.592 �29] ����� 109.125 Who may initiate proceedings; petition; timing; parties. (1)(a) Except as provided in paragraphs (b) to (d) of this subsection, any of the following may initiate judicial proceedings under ORS 109.124 to 109.171 to adjudicate the parentage of a child: ����� (A) The parent who gave or will give birth to the child, unless a court has adjudicated that person�s nonparentage of the child; ����� (B) The duly appointed and acting guardian of the child, conservator of the child�s estate or a guardian ad litem, if the guardian or conservator has the physical custody of the child or is providing support for the child; ����� (C) The administrator, as defined in ORS 25.010; ����� (D) The child�s alleged genetic parent; ����� (E) The child; ����� (F) The child�s presumed parent or acknowledged parent; or ����� (G) The child�s intended parent if the child was conceived by assisted reproduction, other than under a gestational surrogacy agreement. ����� (b) If the parent who gave or will give birth to the child is married to and cohabiting with the child�s presumed parent or acknowledged parent under ORS 109.070 (1)(a)(B), the proceeding may be initiated only: ����� (A) By the parent who gave or will give birth to the child or the child�s presumed parent or acknowledged parent; or ����� (B) With the consent of both the parent who gave or will give birth to the child and the child�s presumed parent or acknowledged parent. ����� (c) If the proceeding is commenced to challenge an acknowledgment of parentage, the proceeding may be initiated only by those persons with standing under ORS 109.070 (6) to challenge a voluntary acknowledgment of parentage. ����� (d) If the proceeding is commenced to adjudicate the parentage of an intended parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, the proceeding may be commenced only by those persons with standing under ORS 109.206 to commence a proceeding to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement. ����� (2)(a) Unless the child initiates the proceeding, the proceeding must be initiated before the child attains 18 years of age. ����� (b) If the child has a presumed parent, a proceeding initiated under ORS 109.124 to 109.171 is subject to ORS 109.067, 109.213 and ORS 109.326, as applicable. ����� (c) If the child has an acknowledged parent, a proceeding initiated under ORS 109.124 to 109.171 is subject to ORS 109.070. ����� (3) The proceeding shall be initiated by the filing of a duly verified petition of the initiating party. The petition must contain: ����� (a) If the initiating party is one of those specified in subsection (1)(a)(A), (B), (C), (E), (F) or (G) of this section: ����� (A) The name of the parent who gave or will give birth to the child; ����� (B) The name of the child�s presumed parent, alleged genetic parent or intended parent, if any; ����� (C) Facts showing the petitioner�s status to initiate proceedings; ����� (D) A statement that a respondent is: ����� (i) The child�s alleged genetic parent, presumed parent or intended parent; or ����� (ii) The parent who gave or will give birth to the child; ����� (E) The probable time or period of time during which conception took place or, if the child was conceived by assisted reproduction, the date of the transfer resulting in the child�s conception; and ����� (F) A statement of the specific relief sought. ����� (b) If the initiating party is the child�s alleged genetic parent: ����� (A) The name of the parent who gave or will give birth to the child or, if the child is alleged under ORS 109.238 (3) to be the genetic child of the person who gave birth to the child, the name of the person who gave birth to the child; ����� (B) The name of the child�s presumed parent, if any; ����� (C) A statement that the initiating party: ����� (i) Is the child�s genetic parent; ����� (ii) If the child was conceived by assisted reproduction, is not a donor; and ����� (iii) Accepts the same responsibility for the support and education of the child and for all pregnancy-related expenses that the initiating party would have responsibility for if the initiating party was married to the parent who gave or will give birth to the child; ����� (D) The probable time or period of time during which conception took place or, if the child was conceived by assisted reproduction, the date of the transfer resulting in the child�s conception; and ����� (E) A statement of the specific relief sought. ����� (4) The following individuals are necessary parties to proceedings initiated under this section: ����� (a) An individual whose parentage of the child has been established under ORS 109.065; ����� (b) The person who gave birth to the child, if the child is alleged to be the genetic child of the person under ORS 109.238 (3); and ����� (c) The state, the parent who gave or will give birth to the child and the child�s alleged genetic parent if proceedings are initiated by the administrator, as defined in ORS 25.010. ����� (5) When a proceeding is initiated under this section, the petitioner shall serve a true copy of the petition by first class mail or personal delivery on: ����� (a) The person who gave birth to the child if the child is alleged to be the genetic child of the person under ORS 109.238 (3); ����� (b) Each individual whose parentage of the child has been established under ORS 109.065; ����� (c) The individual whose parentage of the child is to be adjudicated; and ����� (d) If the child support rights of one of the parties or of the child at issue have been assigned to the state, the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed. ����� (6) Notwithstanding subsection (4) or (5) of this section, an individual whose parentage has been disestablished or declared not to exist or whose nonparentage of the child has been adjudicated before the proceedings are initiated is not a necessary party to the proceedings and is not entitled to notice of the proceedings. ����� (7) An individual entitled to notice under subsection (5) of this section has a right to intervene in the proceeding. [1969 c.619 �1; 1971 c.191 �1; 1971 c.401 �3; 1971 c.779 �79; 1973 c.823 �105; 1975 c.458 �15a; 1975 c.640 �4a; 1979 c.90 �3; 1979 c.246 �5; 1983 c.762 �2; 1993 c.596 �21; 2001 c.334 �6; 2003 c.73 �56; 2007 c.454 �4; 2017 c.651 �52; 2025 c.592 �30] ����� 109.127 Consolidating proceedings. (1) Except as otherwise provided in subsection (2) of this section and subject to mandatory consolidation under ORS 419B.806, the court may consolidate a proceeding to adjudicate parentage of a child with a proceeding for adoption, termination of parental rights, juvenile dependency, child custody or visitation, child support, dissolution, annulment, legal separation, administration of an estate or other proceeding in which parentage of the child is a relevant fact. ����� (2) A respondent may not consolidate a proceeding described in this section with a proceeding to adjudicate parentage brought under ORS chapter 110. [2025 c.592 �101] ����� Note: 109.127 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.130 [Amended by 1967 c.534 �15; repealed by 1969 c.619 �15] ����� 109.133 [1989 c.479 �2; renumbered 109.672 in 1991] ����� 109.135 Circuit court jurisdiction; equity action; place of commencement. (1) All judicial proceedings to adjudicate parentage of a child shall be commenced in the circuit court and shall for all purposes be deemed actions in equity. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Civil Procedure, including a proceeding adjudicating parentage that is consolidated with another proceeding under ORS 109.127 or 419B.806. ����� (2) A judicial proceeding to adjudicate the parentage of a child shall be commenced and tried, without a jury, in the county: ����� (a) Where the child resides; ����� (b) If the child does not reside in this state, where the respondent resides or is located; ����� (c) If the parent who gave birth to the child or the child�s alleged genetic parent, acknowledged parent, presumed parent or intended parent is deceased, where the estate of the deceased individual is being administered; ����� (d) If the child was conceived by assisted reproduction, including under a surrogacy agreement, of the petitioner�s choice; or ����� (e) If the child is in the care and custody of the Department of Human Services, where a juvenile court proceeding is pending. ����� (3) If judicial proceedings in which the parentage of the same child is at issue are commenced in more than one county, the proceedings shall be stayed except in the county where first commenced until final determination there of venue. A proceeding is considered commenced for purposes of this subsection by the filing of a petition. In determining venue, if the court finds that transfer to another county where a proceeding has been commenced is in the child�s best interest, it may in its discretion order such transfer. When the court enters an order transferring the proceeding to another county, the clerk of the court shall notify the court for the other county of the order, and the court for the other county has exclusive jurisdiction of the proceeding to the same extent and with like effect as though the proceeding were in the court on original jurisdiction. [1969 c.619 ��2,3,7; 1971 c.191 �2; 1979 c.246 �6; 1981 s.s. c.3 �104; 1983 c.762 �3; 1999 c.80 �22; 2013 c.1 �5; 2013 c.126 �3; 2025 c.592 �31] ����� 109.140 [Amended by 1959 c.638 �10; repealed by 1969 c.619 �15] ����� 109.145 Court may proceed despite failure to appear; evidence required. If a respondent fails to answer or fails to appear at trial, the court shall have the power to proceed accordingly. In such case, the court may adjudicate the respondent�s parentage or nonparentage of the child and may impose such obligations on the respondent as it deems reasonable. In all such cases corroborating evidence in addition to the testimony of the parent or expectant parent shall be required to establish parentage and the court may, in its discretion, order such investigation or the production of such evidence as it deems appropriate to establish a proper basis for relief. The testimony of the parent or expectant parent and the corroborating evidence may be presented by affidavit. [1969 c.619 �4; 1975 c.640 �14; 1983 c.762 �4; 2017 c.651 �23; 2025 c.592 �32] ����� 109.148 Parentage of child conceived by rape. (1) As used in this section, �rape� means the commission of an act constituting rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction. ����� (2) A court with jurisdiction to adjudicate a child�s parentage may adjudicate an individual�s nonparentage of the child as provided in this section if: ����� (a) The parent who gave birth to the child petitions the court for an adjudication of nonparentage; ����� (b) The parent who gave birth to the child alleges that the child was conceived in the course of an act committed by the individual constituting rape; and ����� (c)(A) The court finds that the child was conceived as a result of an act that led to the individual�s conviction for rape; or ����� (B) If the individual has not been convicted for rape, the court determines by clear and convincing evidence that the child was conceived as a result of an act constituting rape that was committed by the individual when the individual was at least 18 years of age. ����� (3) The court may not adjudicate an individual�s nonparentage of a child under this section if: ����� (a) The court determines by clear and convincing evidence that the individual is less than three years older than the parent who gave birth to the child and the child was conceived as a result of an act constituting third degree rape as defined in ORS 163.355 or second degree rape as defined in ORS 163.365, or comparable law of another jurisdiction; ����� (b) The individual is an adjudicated parent of the child; or ����� (c) The court finds, by clear and convincing evidence, that after the birth of the child, the individual established a bonded and dependent relationship with the child that is parental in nature. ����� (4) If the court adjudicates an individual�s nonparentage of a child under this section, the court shall: ����� (a) Require the State Registrar for the Center for Health Statistics to amend the record of live birth if requested by the parent who gave birth to the child and if the court determines that the amendment is in the child�s best interests, taking into consideration the factors described in ORS 109.151; and ����� (b) Require the individual to pay child support during the child�s minority and while the child is a child attending school the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care and expenses attendant with the birth and postnatal care unless, at the request of the parent who gave birth to the child, the court determines that requiring the individual to pay such amounts is not in the child�s best interests, taking into consideration the factors described in ORS 109.151. [2025 c.592 �28] ����� Note: 109.148 was added to and made a part of 109.124 to 109.171 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. ����� 109.150 [Amended by 1961 c.338 �2; 1967 c.534 �16; repealed by 1969 c.619 �15] ����� 109.151 Adjudicating competing claims of parentage. (1) Except as otherwise provided in ORS 109.148, in a proceeding to adjudicate competing claims of, or challenges under ORS 109.067 (3), 109.070 or 109.072 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child, taking into consideration, at a minimum: ����� (a) The age of the child; ����� (b) The length of time during which each individual assumed the role of parent of the child; ����� (c) The nature of the relationship between the child and each individual; ����� (d) The harm to the child if the relationship between the child and each individual is not recognized; ����� (e) The basis for each individual�s claim to parentage of the child; and ����� (f) Other equitable factors arising from the disruption of the relationship between the child and each individual or the likelihood of other harm to the child. ����� (2) If an individual challenges parentage based on the results of genetic testing, in addition to the factors listed in subsection (1) of this section, the court shall consider: ����� (a) The facts surrounding the discovery the individual might not be a genetic parent of the child; and ����� (b) The length of time between the time that the individual was placed on notice that the individual might not be a genetic parent and the commencement of the proceeding. [2025 c.592 �54] ����� Note: 109.151 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.153 [1973 c.827 �12g; 1981 c.669 �3; repealed by 1983 c.762 �10] ����� 109.154 Temporary child support pending determination of parentage. (1) Notwithstanding the objections of a party to an order that seeks to establish parentage, parentage of a child may be presumed for the purpose of establishing temporary child support if the person whose parentage is being established is: ����� (a) A presumed parent; ����� (b) Petitioning to be adjudicated a parent; ����� (c) Identified as a genetic parent under ORS 109.191; ����� (d) An alleged genetic parent who has declined to submit to genetic testing; ����� (e) Shown by clear and convincing evidence to be a parent of the child; or ����� (f) An intended parent of the child and the child was conceived by assisted reproduction, including under a surrogacy agreement. ����� (2) Upon the motion of a party, the court shall enter a temporary order requiring the person whose parentage is being established to provide support pending the determination of parentage by the court. ����� (3) In determining the amount of support, the court shall use the formula established under ORS 25.275. [Formerly 109.259] ����� Note: 109.154 was added to and made a part of ORS chapter 109 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. ����� 109.155 Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing. (1) The court, in a private hearing, shall first determine the issue of parentage. If the respondent admits the parentage, the admission shall be reduced to writing, verified by the respondent and filed with the court. If the parentage is denied, corroborating evidence, in addition to the testimony of the parent who gave birth to the child, shall be required. ����� (2) The court, in its discretion, may postpone the hearing from time to time to facilitate any investigation or the production of such evidence as it deems appropriate. ����� (3)(a) Except as provided in ORS 109.148 and 419B.609, if the parent who gave birth to the child is the only other person with a claim to parentage of the child, the court shall adjudicate an alleged genetic parent to be a parent of the child if the alleged genetic parent: ����� (A) Is identified under ORS 109.191 as a genetic parent of the child and the identification has not been successfully challenged under ORS 109.191; ����� (B) Admits parentage in a pleading, during the hearing as provided in subsection (1) of this section, when making an appearance or in a settlement agreement in the proceeding, and the court accepts the admission; ����� (C) Declines to submit to genetic testing ordered by the court or the administrator, even if the alleged genetic parent denies a genetic relationship with the child; ����� (D) Is in default after service of process and the court determines the alleged genetic parent to be a parent of the child as provided in ORS 109.145; or ����� (E) Is neither identified nor excluded as a genetic parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child. ����� (b) If a person other than the parent who gave birth to the child or the alleged genetic parent has a claim to parentage of the child and the person�s parentage was not disestablished before the proceeding was commenced, the court may not adjudicate an alleged genetic parent to be a parent of the child unless the court also disestablishes the person�s parentage of the child as provided in and under the applicable provisions of ORS 109.067, 109.070, 109.072, 109.151, 109.326 or 419B.609. ����� (4) The court may approve a settlement agreement reached between the parties and incorporate the agreement into the judgment. ����� (5) The court may order either parent to pay such sum as the court deems appropriate for the past and future support and maintenance of the child during the child�s minority and while the child is attending school, as defined in ORS 107.108, and the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care, expenses attendant with the birth and postnatal care. The court may grant the prevailing party reasonable costs of suit, which may include expert witness fees, and reasonable attorney fees at trial and on appeal. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school. ����� (6) An affidavit certifying the authenticity of documents substantiating expenses set forth in subsection (5) of this section is prima facie evidence to establish the authenticity of the documents. ����� (7)(a) It is the policy of this state: ����� (A) To encourage the settlement of cases brought under this section; and ����� (B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy. ����� (b) In a proceeding under this section, the court may enforce the terms set forth in a stipulated judgment of parentage signed by the parties, a judgment of parentage resulting from a settlement on the record or a judgment of parentage incorporating a settlement agreement: ����� (A) As contract terms using contract remedies; ����� (B) By imposing any remedy available to enforce a judgment, including but not limited to contempt; or ����� (C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph. ����� (c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding. ����� (d) Nothing in paragraph (b) or (c) of this subsection limits a party�s ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS 109.158 or to seek enforcement of an ancillary agreement to the judgment. ����� (8) The court may enter a judgment under this section before the child�s birth but enforcement of the judgment is stayed until the birth of the child and the court shall order one or more of the parties to notify the court of the child�s birth. [1969 c.619 �5; 1971 c.137 �1; 1971 c.191 �3; 1973 c.827 �12h; 1975 c.640 �15; 1981 c.897 �33; 1983 c.762 �5; 1989 c.417 �2; 1997 c.704 �57; 1999 c.80 �23; 2001 c.203 �6; 2003 c.576 �140; 2007 c.454 �5; 2017 c.651 �24; 2025 c.592 �33] ����� 109.158 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies. (1) Upon motion of either party to a judgment entered under ORS 109.155, the court may set aside, alter or modify any portion of the judgment that provides for the support of the minor child or child attending school, as defined in ORS 107.108. As to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment, the judgment is final and the court may not change it. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child. A child attending school is a party for purposes of this section. ����� (2) The moving party shall state in the motion, to the extent known: ����� (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS 25.287, 25.501 to 25.556, 109.100, 125.025 or 419B.400 or ORS chapter 110; and ����� (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the child, other than the judgment the party is moving to set aside, alter or modify. ����� (3) The moving party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section. ����� (4)(a) It is the policy of this state: ����� (A) To encourage the settlement of cases brought under this section; and ����� (B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy. ����� (b) In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement: ����� (A) As contract terms using contract remedies; ����� (B) By imposing any remedy available to enforce an order or judgment, including but not limited to contempt; or ����� (C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph. ����� (c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding. ����� (d) Nothing in paragraph (b) or (c) of this subsection limits a party�s ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment. [Formerly 109.165] ����� 109.160 [Repealed by 1969 c.619 �15] ����� 109.161 Determination of legal custody after parentage established. (1) If parentage of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 25.501 to 25.556 or 109.124 to 109.171, or if parentage is established by the filing of a voluntary acknowledgment of parentage as provided by ORS 109.065 (5), the parent with physical custody at the time of filing of the petition or the notice under ORS 25.511, or the parent with physical custody at the time of the filing of the voluntary acknowledgment of parentage, has sole legal custody until a court specifically orders otherwise. The first time the court determines who should have legal custody, neither parent shall have the burden of proving a change of circumstances. The court shall give primary consideration to the best interests and welfare of the child and shall consider all the standards set out in ORS 107.137. ����� (2) In any proceeding under this section, the court may cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans under ORS 107.425 (3). [Formerly 109.175] ����� 109.165 [1969 c.619 �6; 1973 c.827 �12i; 1989 c.812 �8; 1997 c.704 �58; 1997 c.707 �22; 2001 c.203 �8; 2003 c.116 �10; 2003 c.419 �3; 2003 c.576 �141; 2015 c.298 �95; 2021 c.597 �65; 2025 c.592 �34; renumbered 109.158 in 2025] ����� 109.167 Notice to Center for Health Statistics after petition filed; filing notice. (1) After filing a petition described in ORS 109.125 and 109.135, the petitioner shall cause the Center for Health Statistics of the Oregon Health Authority to be served by mail with a notice setting forth the court in which the petition was filed, the date of the filing therein, the case number, the full name and address of the child, the date and place of the child�s birth, or if the child is not yet born, the date and place of the child�s conception and the probable date of the child�s birth, the full names and addresses of the child�s alleged genetic parent and the parent who gave or will give birth to the child, and the names and addresses of the petitioner and of the respondents in the proceedings. ����� (2) The Center for Health Statistics shall file immediately the notice, or a copy thereof, with the record of the birth of the child or in the same manner as its filing of records of birth if the center does not have a record of the birth. The center shall only provide the information contained in the notice to persons whose names appear in the notice or to persons or agencies showing a legitimate interest in the parent-child relationship including, but not limited to, parties to adoption, juvenile court or heirship proceedings. [Formerly 109.225] ����� 109.169 Legality of contract between parents of child born out of wedlock. Any contract between a parent who gave birth to a child and the child�s alleged genetic parent is a legal contract, and the admission by the alleged genetic parent of parentage of the child is sufficient consideration to support the contract. [Formerly 109.230] ����� 109.170 [Repealed by 1969 c.619 �15] ����� 109.171 Records open to public. Records of proceedings to adjudicate the parentage of a child�s alleged genetic parent filed in circuit court shall be open for inspection by any person without order of the court. [Formerly 109.231] ����� 109.173 Attorney fees. In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 to 109.171, the court may render judgment awarding to a party, or directly to the party�s attorney, a sum of money determined to be reasonable as an attorney fee and costs and expenses of suit, which judgment may include expert witness fees, in preparation for and at trial and on appeal. [Formerly 109.237] ����� Note: 109.173 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.175 [1983 c.761 �11; 1985 c.671 �42; 1995 c.608 �4; 1999 c.59 �25; 1999 c.569 �8; 2001 c.833 �3; 2005 c.160 ��15,21; 2017 c.651 �25; 2025 c.592 �35; renumbered 109.161 in 2025] ����� 109.180 [Repealed by 1969 c.619 �15] (Genetic Testing) ����� 109.181 Definitions for ORS 109.181 to 109.203. As used in ORS 109.181 to 109.203: ����� (1) �Combined relationship index� means the product of all tested relationship indices. ����� (2) �Ethnic or racial group� means, for the purpose of genetic testing, a recognized group that an individual identifies as the individual�s ancestry or part of the individual�s ancestry or that is identified by other information. ����� (3) �Hypothesized genetic relationship� means an asserted genetic relationship between an individual and a child. ����� (4) �Probability of parentage� means, for the ethnic or racial group to which an individual alleged to be a parent belongs, the probability that a hypothesized genetic relationship is supported, compared to the probability that a genetic relationship is supported between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship, expressed as a percentage incorporating the combined relationship index and a prior probability. ����� (5) �Relationship index� means a likelihood ratio that compares the probability of a genetic marker given a hypothesized genetic relationship and the probability of the genetic marker given a genetic relationship between the child and a random individual of the ethnic or racial group used in the hypothesized genetic relationship. [2025 c.592 �39] ����� 109.182 Scope; limitation on use of genetic testing. (1) ORS 109.181 to 109.203 govern genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual: ����� (a) Voluntarily submits to testing; or ����� (b) Is tested under an order of the court or a child support agency. ����� (2) Genetic testing may not be used: ����� (a) Except as provided in ORS 109.238 (3), to challenge the parentage of a child who was conceived by assisted reproduction, including under a gestational surrogacy agreement; or ����� (b) To establish a donor�s parentage of a child who was conceived by assisted reproduction. [2025 c.592 �40] ����� 109.184 Authority to order or deny genetic testing. (1) Except as otherwise provided in ORS 109.181 to 109.203, in a proceeding in this state in which parentage is a relevant fact, the court or the administrator: ����� (a) May order the child and any other individual to submit to genetic testing: ����� (A) Upon the court�s or administrator�s own initiative; ����� (B) At the request of or on behalf of any person whose genetic material is involved; ����� (C) At the request of the Department of Human Services if the child is in the care and custody of the department under ORS chapter 419B; or ����� (D) At the request of a party to the action if the request is made at a time so as not to unduly delay the proceedings; and ����� (b) Shall order the child and any other individual to submit to genetic testing if a request for testing is supported by the sworn statement of a party: ����� (A) Alleging a reasonable possibility that the individual is the child�s genetic parent; or ����� (B) Denying genetic parentage of the child and stating facts establishing a reasonable possibility that the individual is not a genetic parent. ����� (2) The court or administrator agency may not order in utero genetic testing. ����� (3) If two or more individuals are subject to court-ordered genetic testing, the court may order that testing be completed concurrently or sequentially. ����� (4) Genetic testing of the person who gave birth to the child is not a condition precedent to testing of the child and an individual whose genetic parentage of the child is being determined. If the person who gave birth to the child is unavailable or declines to submit to genetic testing, the court may order genetic testing of the child and each individual whose genetic parentage of the child is being adjudicated. ����� (5) The court may deny a motion for genetic testing of the child and any other individual after considering the factors in ORS 109.151 if the genetic testing is requested in a proceeding: ����� (a) To adjudicate the parentage of a child having a presumed parent; ����� (b) To challenge an acknowledgment of parentage; or ����� (c) Except as provided in ORS 109.238 (3), to determine whether a gestational surrogate is the genetic parent of a child believed to have been conceived by assisted reproduction under a gestational surrogacy agreement. ����� (6) The court may only approve an individual�s request for genetic testing if the individual has standing to maintain a proceeding to adjudicate parentage and any statute of limitations or time limits for initiating a proceeding to adjudicate parentage that are applicable to the individual have not expired. ����� (7) If any individual declines to submit to genetic testing ordered by the court, the court or administrator may: ����� (a) If the rights of others and the interests of justice so require, resolve the question of parentage against such person or enforce the court�s or administrator�s order; or ����� (b) Find the individual in contempt of court. ����� (8) Subject to the limitations in ORS 109.067 (2) and ORS 109.070 (6)(c), the Department of Human Services is not required to obtain a court order under this section to make a referral for genetic testing at the request of a party or a child�s alleged genetic parent if the child is in the department�s care and custody. [2025 c.592 �41] ����� 109.186 Standards for genetic testing; recalculation of relationship index. (1) Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: ����� (a) The Association for the Advancement of Blood and Biotherapies, or a successor to its functions; or ����� (b) An accrediting body designated by the Oregon Health Authority by rule, consistent with any applicable designation by the Secretary of the United States Department of Health and Human Services. ����� (2) A specimen used in genetic testing may consist of a sample or a combination of samples of blood, buccal cells, bone, hair or other body tissue or fluid. The specimen used in the testing need not be of the same kind for each individual undergoing genetic testing. ����� (3) Based on the ethnic or racial group of an individual undergoing genetic testing, a testing laboratory shall determine the databases from which to select frequencies for use in calculating a relationship index. If an individual or the administrator objects to the laboratory�s database determination, the following rules apply: ����� (a) Not later than 30 days after receipt of the report of the test, the objecting individual or administrator may request the court to require the laboratory to recalculate the relationship index using an ethnic or racial group different from that used by the laboratory. ����� (b) The individual or the administrator objecting to the laboratory�s database determination under this subsection shall: ����� (A) If the requested frequencies are not available to the laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a manner recognized by accrediting bodies; or ����� (B) Engage another laboratory to perform the calculations. ����� (c) The laboratory may use its own statistical estimate if there is a question about which ethnic or racial group is appropriate. The laboratory shall calculate the frequencies using statistics, if available, for any other ethnic or racial group requested. ����� (4) If, after recalculation of the relationship index under subsection (3) of this section using a different ethnic or racial group, genetic testing under ORS 109.191 does not identify an individual as a genetic parent of a child, the court may require an individual who has been tested to submit to additional genetic testing to identify a genetic parent. [2025 c.592 �42] ����� 109.188 Report of genetic testing. (1) A report of genetic testing must be in writing and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of ORS 109.181 to 109.203 is self-authenticating. ����� (2) Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allow the results of genetic testing to be admissible without testimony: ����� (a) The name and photograph of each individual whose specimen has been taken; ����� (b) The name of the individual who collected each specimen; ����� (c) The place and date each specimen was collected; ����� (d) The name of the individual who received each specimen in the testing laboratory; and ����� (e) The date each specimen was received. [2025 c.592 �43] ����� 109.189 Admissibility of results of genetic testing. (1) Except as otherwise provided in ORS 109.182 (2), the court shall admit a report of genetic testing ordered by the court under ORS 109.184 as evidence of the truth of the facts asserted in the report. ����� (2) A party may object to the admission of a report described in subsection (1) of this section, not later than 14 days after the party receives the report. The party shall cite specific grounds for exclusion. ����� (3) A party that objects to the results of the genetic testing may call a genetic testing expert to testify in person or by another method approved by the court. Unless the court orders otherwise, the party offering the testimony bears the expense for the expert testifying. ����� (4) Admissibility of a report of genetic testing is not affected by whether the testing was performed: ����� (a) Voluntarily or under an order of the court or the administrator; or ����� (b) Before, on or after commencement of the proceeding. [2025 c.592 �44] ����� 109.190 [Amended by 1961 c.338 �3; repealed by 1969 c.619 �15] ����� 109.191 Genetic testing results; challenge to results. (1) An individual is rebuttably presumed to be a genetic parent of a child if genetic testing complies with ORS 109.181 to 109.203 and the results of the testing disclose: ����� (a) The individual has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and ����� (b) A combined relationship index of at least 100 to 1. ����� (2) An individual presumed to be a genetic parent of the child under this section may challenge the genetic testing results only by other genetic testing satisfying the requirements of ORS 109.181 to 109.203 that: ����� (a) Excludes the individual as a genetic parent of the child; or ����� (b) Identifies another individual as a possible genetic parent of the child other than: ����� (A) The person who gave birth to the child; or ����� (B) The individual identified under subsection (1) of this section. ����� (3) Except as otherwise provided in ORS 109.201, if more than one individual other than the person who gave birth is identified by genetic testing as a possible genetic parent of the child, the court shall order each individual to submit to further genetic testing to identify a genetic parent. [2025 c.592 �45] ����� 109.193 Cost of genetic testing. (1) Payment of the cost of initial genetic testing must be made: ����� (a) By the Child Support Program if child support enforcement services are being provided under ORS 25.080; ����� (b) By the individual or agency that made the request for genetic testing; ����� (c) As agreed by the parties; or ����� (d) As ordered by the court. ����� (2) If the cost of genetic testing is paid by the Child Support Program, the program may seek reimbursement from the person or agency that requested the tests. ����� (3) If the original test result is contested prior to the entry of an order or judgment establishing parentage, the court or the administrator shall order additional testing upon request and advance payment by the party making the request. [2025 c.592 �46] ����� 109.195 Additional genetic testing. The court or the administrator shall order additional genetic testing at the request of an individual who contests the result of the initial testing under ORS 109.191. If initial genetic testing under ORS 109.191 identified an individual as a genetic parent of the child, the court or the administrator may not order additional testing unless the contesting individual pays for the testing in advance. [2025 c.592 �47] ����� 109.197 Genetic testing when specimen not available. (1) The court may order relatives of an alleged genetic parent to submit specimens for testing if: ����� (a) A genetic testing specimen is not available from the alleged genetic parent; ����� (b) The individual seeking genetic testing demonstrates good cause and the court finds that the circumstances are just; and ����� (c) The court finds that the need for genetic testing outweighs the legitimate interests of the individual sought to be tested. ����� (2) The court may order any of the following individuals to submit specimens for genetic testing under this section: ����� (a) A parent of the alleged genetic parent; ����� (b) A sibling of the alleged genetic parent; ����� (c) Another child of the alleged genetic parent and the person who gave birth to the other child; and ����� (d) Another relative of the alleged genetic parent as necessary to complete genetic testing. [2025 c.592 �48] ����� 109.198 Deceased individual. If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual. [2025 c.592 �49] ����� 109.200 [Amended by 1961 c.338 �4; repealed by 1969 c.619 �15] ����� 109.201 Identical siblings. (1) If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling. ����� (2) If more than one sibling is identified under ORS 109.191 as a genetic parent of the child, the court may rely on nongenetic evidence to adjudicate which sibling is a genetic parent of the child. [2025 c.592 �50] ����� 109.203 Confidentiality of genetic testing. Release of a report of genetic testing for parentage is subject to the privacy protections under ORS 192.531 to 192.549. [2025 c.592 �51] ����� 109.204 Applicability to criminal actions for nonsupport. ORS 109.181 to 109.203 apply to criminal cases for nonsupport under ORS 163.555 subject to the following limitations and provisions: ����� (1) An order for the tests shall be made only upon application of a party or on the court�s initiative. ����� (2) The compensation of the experts shall be paid by the county in which the proceedings are had under order of court. ����� (3) The court may direct a verdict of acquittal upon the conclusions of all the experts under the provisions of ORS 109.191, otherwise the case shall be submitted for determination upon all evidence. [Formerly 109.260] (Assisted Reproduction) ����� 109.206 Adjudicating parentage of child of assisted reproduction, other than under surrogacy agreement. (1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: ����� (a) An alleged intended parent; ����� (b) The parent who gave birth to the child; or ����� (c) The child�s presumed parent. ����� (2) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, the parentage of an individual who is the child�s presumed parent may be challenged under this section: ����� (a) By the parent who gave birth to the child and the child�s presumed parent; ����� (b) If the parent who gave birth to the child and the child�s presumed parent are married and cohabiting, by any person with standing under subsection (1) of this section if the parent who gave birth to the child and the child�s presumed parent both consent to the challenge; or ����� (c) If the parent who gave birth to the child and the child�s presumed parent are no longer married and cohabiting, by any person with standing under subsection (1) of this section. ����� (3)(a) The court shall adjudicate an individual�s parentage of a child in a proceeding commenced under this section as provided in ORS 109.206 to 109.218. ����� (b) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, and a person other than the individual or the parent who gave birth to the child is a parent under ORS 109.206 to 109.218, the court shall adjudicate the individual�s parentage of the child under ORS 109.151. ����� (4) Nothing in this section prohibits an individual from asserting a claim to or commencing an action to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, under ORS 109.067, 109.070 or 109.072, as applicable. [2025 c.592 �55] ����� Note: The amendments to 109.206 by section 56, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience. ����� 109.206. (1) Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: ����� (a) An alleged intended parent; ����� (b) The parent who gave birth to the child; ����� (c) The child�s presumed parent; or ����� (d) The child�s acknowledged parent. ����� (2) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, the parentage of an individual who is the child�s presumed parent or acknowledged parent under ORS 109.070 (1)(a)(B) may be challenged under this section: ����� (a) By the parent who gave birth to the child and the child�s presumed parent or acknowledged parent; ����� (b) If the parent who gave birth to the child and the child�s presumed parent or acknowledged parent are married and cohabiting, by any person with standing under subsection (1) of this section if the parent who gave birth to the child and the child�s presumed parent or acknowledged parent both consent to the challenge; or ����� (c) If the parent who gave birth to the child and the child�s presumed parent or acknowledged parent are no longer married and cohabiting, by any person with standing under subsection (1) of this section. ����� (3)(a) The court shall adjudicate an individual�s parentage of a child in a proceeding commenced under this section as provided in ORS 109.206 to 109.218. ����� (b) If the child was conceived by assisted reproduction, other than under a surrogacy agreement, and a person other than the individual or the parent who gave birth to the child is a parent under ORS 109.206 to 109.218, the court shall adjudicate the individual�s parentage of the child under ORS 109.151. ����� (4) Nothing in this section prohibits an individual from commencing an action to adjudicate or asserting a claim to the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, under ORS 109.067, 109.070 or 109.072, as applicable. ����� 109.208 Parental status of donor. A donor is not a parent of a child conceived by assisted reproduction. [2025 c.592 �57] ����� 109.210 [Repealed by 1969 c.619 �15] ����� 109.211 Consent to assisted reproduction; failure to consent in writing. (1) An individual�s parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement: ����� (a) Is established by operation of law if: ����� (A) Before, on or after the child�s birth, the individual consents in writing to the assisted reproduction; ����� (B) The writing states that the individual intends to be a parent of the child; and ����� (C) The writing is signed by the individual and the parent who gave birth to the child; or ����� (b) May be established by judgment of the court if the individual did not consent in writing or the writing does not meet the requirements of paragraph (a) of this subsection and a court finds by clear and convincing evidence that: ����� (A) The individual and the parent who gave birth to the child entered into an express agreement before the child�s conception that the individual and the parent who gave birth to the child both would be parents of the child; or ����� (B) The individual and the parent who gave birth to the child resided together in the same household with the child and both openly held out the child as the individual�s child: ����� (i) For the first two years of the child�s life, including any period of temporary absence; or ����� (ii) From the child�s birth until the death of the child or the death or incapacity of the individual, if, before the child attains two years of age, the child dies or the individual dies or becomes incapacitated, and a party proves by clear and convincing evidence that the parent who gave birth to the child and the individual both intended the individual would openly hold out the child as the individual�s child, but the individual was prevented from carrying out that intent by the death of the child or the individual�s death or incapacity. ����� (2) When determining whether an individual�s absence was temporary under subsection (1) of this section, the court shall consider the totality of the circumstances, including whether the individual�s absence was due to military service. [2025 c.592 �58] ����� 109.213 Limitation on spouse�s dispute of parentage. The court shall find that an individual who is the presumed parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, is not the parent of the child and that the presumption is rebutted if: ����� (1)(a) The individual provided the gametes used in the assisted reproduction; ����� (b) The individual challenges the presumption within two years following the birth of the child; and ����� (c) The court finds that the individual did not consent to the assisted reproduction before, on or after the birth of the child or withdrew consent as provided in ORS 109.216; or ����� (2)(a) The individual did not provide the gametes used in the assisted reproduction; ����� (b) The individual did not consent to the assisted reproduction; ����� (c) The individual and the parent who gave birth to the child have not cohabited since the date of the transfer that resulted in the pregnancy; and ����� (d) The individual never openly held out the child as the individual�s child. [2025 c.592 �59] ����� 109.214 Effects of certain legal proceedings regarding marriage. If the marriage of a parent who gave birth to a child conceived by assisted reproduction, other than under a surrogacy agreement, is terminated through dissolution, annulment or legal separation before the transfer that results in a pregnancy, the former spouse of the parent who gave birth to the child conceived by the assisted reproduction is not a parent of the child unless the former spouse consented in writing that the former spouse would be a parent of the child if a transfer resulting in pregnancy were to occur after a dissolution, annulment or legal separation, and the former spouse did not withdraw consent as provided in ORS 109.216. [2025 c.592 �60] ����� 109.216 Withdrawal of consent. (1) An individual who consents to assisted reproduction, other than under a surrogacy agreement, may withdraw consent any time before a transfer that results in a pregnancy by giving written notice of the withdrawal of consent to the person who agreed to give birth to a child conceived by the assisted reproduction. ����� (2) An individual who withdraws consent under subsection (1) of this section: ����� (a) Is not a parent of a child conceived by the assisted reproduction under ORS 109.206 to 109.218; and ����� (b) Is a donor if the individual provided the gametes that resulted in the pregnancy. ����� (3) An individual who withdraws consent as provided in this section shall provide a copy of the withdrawal to the clinic or health care provider facilitating the assisted reproduction. Failure to give notice to the clinic or health care provider does not affect the validity of the withdrawal. [2025 c.592 �61] ����� 109.218 Parental status of deceased individual. (1) If an individual who intends to be a parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, dies during the period between the date of transfer and the birth of the child, the individual�s death does not preclude the establishment of the individual�s parentage of the child in the same manner as if the individual had died after the birth of the child. ����� (2) If an individual who consented in writing to assisted reproduction as described in ORS 109.211 (1)(a) dies before a transfer that results in pregnancy, the deceased individual is a parent of a child conceived by the transfer only if: ����� (a)(A) The individual consented in writing that if assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child; or ����� (B) The individual�s intent to be a parent of a child conceived by assisted reproduction after the individual�s death is established by clear and convincing evidence; and ����� (b) The embryo is in utero not later than 24 months after the individual�s death. [2025 c.592 �62] ����� 109.220 [Amended by 1961 c.338 �5; 1969 c.619 �12; repealed by 1979 c.87 �1] (Gestational Surrogacy) ����� 109.222 Eligibility to enter gestational surrogacy agreement. (1) An individual may enter into an agreement to act as a gestational surrogate only if the individual: ����� (a) Has attained 21 years of age; ����� (b) Has previously given birth to at least one child; ����� (c) Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider; ����� (d) Has completed a mental health consultation by a licensed mental health care provider; and ����� (e) Has retained, at the expense of the intended parent or parents, independent legal representation of the individual�s choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement. ����� (2) An individual who intends to be a parent of a child conceived by assisted reproduction under a gestational surrogacy arrangement may enter into an agreement with a gestational surrogate if the individual: ����� (a) Has attained 21 years of age; ����� (b) Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider; ����� (c) Has completed a mental health consultation by a licensed mental health care provider; and ����� (d) Has retained legal representation of the individual�s choice to represent the individual throughout the surrogacy arrangement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement. [2025 c.592 �63] ����� Note: 109.222 to 109.228 and 109.234 to 109.244 apply to surrogacy agreements entered into on or after the effective date of this 2025 Act [September 26, 2025] and to surrogacy agreements entered into before the effective date of this 2025 Act that are amended or restated after the effective date of this 2025 Act. See section 150 (2)(c), chapter 592, Oregon Laws 2025. ����� 109.224 Execution of gestational surrogacy agreement. A gestational surrogacy agreement must be executed in compliance with the following rules: ����� (1)(a) At least one party must be a resident of this state; ����� (b) The transfer that results in the pregnancy must occur in this state; or ����� (c) The parties must all intend that the child be born in this state. ����� (2) A gestational surrogate and each intended parent must meet the requirements of ORS 109.222. ����� (3) Each intended parent, the surrogate and the surrogate�s spouse, if any, must be parties to the agreement. ����� (4) The agreement must be in writing and signed by each party listed in subsection (3) of this section. ����� (5) The surrogate and each intended parent must acknowledge in writing receipt of a copy of the agreement. ����� (6) The signature of each party to the agreement must be made under penalty of perjury or notarized. ����� (7) The agreement must identify the attorneys the parties have retained to provide legal representation throughout the surrogacy arrangement. ����� (8) The intended parent or parents must agree to pay for independent legal representation for the surrogate. ����� (9) The agreement must be executed before a transfer that results in the agreed upon pregnancy. [2025 c.592 �64] ����� Note: See note under 109.222. ����� 109.225 [1975 c.640 �5; 1983 c.709 �40; 1983 c.762 �6; 1991 c.484 �1; 2009 c.595 �69; 2025 c.592 �36; renumbered 109.167 in 2025] ����� 109.226 Content of gestational surrogacy agreement. (1) A gestational surrogacy agreement must comply with the following requirements: ����� (a) A surrogate agrees to attempt to become pregnant by means of assisted reproduction. ����� (b) The surrogate and the surrogate�s spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the agreement. ����� (c) The surrogate�s spouse, if any, must acknowledge and agree to comply with the obligations imposed on the surrogate by the agreement. ����� (d) Except as otherwise provided in ORS 109.075, the intended parent or, if there are two intended parents, each one jointly and severally, immediately on birth will be the exclusive parent or parents of the child, regardless of number of children born or gender or mental or physical condition of each child. ����� (e) Except as otherwise provided in ORS 109.075, the intended parent or, if there are two intended parents, each parent jointly and severally, immediately on birth will assume responsibility for the financial support of the child, regardless of number of children born or gender or mental or physical condition of each child. ����� (f) The agreement must include information disclosing how each intended parent will cover the surrogacy-related expenses of the surrogate and the medical expenses of the child. If health care coverage is used to cover the medical expenses, the disclosure must include a summary of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the surrogate, third party liability liens, other insurance coverage, and any notice requirement that could affect coverage or liability of the surrogate. Unless the agreement expressly provides otherwise, the review and disclosure do not constitute legal advice. If the extent of coverage is uncertain, a statement of that fact is sufficient to comply with this paragraph. ����� (g) The agreement must permit the surrogate to make all health and welfare decisions regarding the surrogate and the pregnancy, including decisions regarding reproductive health care, as defined in ORS 435.190. ����� (h) The agreement must include information about each party�s right under ORS 109.236 to terminate the surrogacy agreement. ����� (2) A gestational surrogacy agreement may provide for: ����� (a) Payment of consideration and reasonable expenses; and ����� (b) Reimbursement of specific expenses if the agreement is terminated under ORS 109.236. ����� (3) A right created under a surrogacy agreement is not assignable and there is no third party beneficiary of the agreement other than the child. [2025 c.592 �65] ����� Note: See note under 109.222. ����� 109.228 Effect of subsequent change of marital status. (1) Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties: ����� (a) The subsequent marriage of a surrogate does not affect the validity of the agreement, the consent of the surrogate�s new spouse to the agreement is not required and the surrogate�s new spouse is not a presumed parent of a child conceived by assisted reproduction under the agreement; and ����� (b) The subsequent dissolution, annulment or legal separation of the surrogate does not affect the validity of the agreement. ����� (2) Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties: ����� (a) The marriage of an intended parent does not affect the validity of a surrogacy agreement, the consent of the new spouse of the intended parent is not required and the new spouse of the intended parent is not, based on the agreement, a parent of a child conceived by assisted reproduction under the agreement; and ����� (b) The dissolution, annulment or legal separation of an intended parent does not affect the validity of the agreement and unless the agreement is terminated under ORS 109.236, the intended parents are the parents of any child conceived by assisted reproduction under the agreement. ����� (3) Nothing in this section prohibits the parties before an embryo transfer that results in the agreed upon pregnancy from jointly amending the existing agreement. [2025 c.592 �66] ����� Note: See note under 109.222. ����� 109.230 [Amended by 1961 c.338 �6; 2025 c.592 �37; renumbered 109.169 in 2025] ����� 109.231 [1993 c.138 �2; 2025 c.592 �38; renumbered 109.171 in 2025] ����� 109.232 Confidentiality; sealing of court records. (1) A petition and any other document related to a surrogacy agreement filed with the court shall be sealed, exempt from public disclosure under ORS 192.311 to 192.478 and may not be disclosed except: ����� (a) To a party to the proceeding; ����� (b) To a child conceived by assisted reproduction under the agreement; ����� (c) To an attorney of a party to the proceeding or a child conceived by assisted reproduction under the agreement; ����� (d) The court; or ����� (e) Pursuant to a court order for good cause shown, and subject to the provisions of ORS 192.324. ����� (2) The individual seeking to inspect the document may be required to pay the expense of preparing a copy of the document to be inspected. [2025 c.592 �67] ����� Note: Section 150 (1), chapter 592, Oregon Laws 2025, provides: ����� Sec. 150. (1) Section 67 of this 2025 Act [ORS 109.232] applies to petitions and other documents relating to surrogacy agreements that are filed with the court or created on or after the effective date of this 2025 Act [September 26, 2025] and, upon petition of a party to the proceeding, to petitions and other documents relating to surrogacy agreements that were filed with the court or created before the effective date of this 2025 Act. [2025 c.592 �150(1)] ����� 109.234 Jurisdiction. During the period after the execution of a gestational surrogacy agreement until 90 days after the birth of a child conceived by assisted reproduction under the agreement, a court of this state conducting a proceeding in which the parentage of the child is a relevant fact has exclusive, continuing jurisdiction over all matters arising out of the agreement. Nothing in this section grants the court jurisdiction to make or enforce a judgment of support or a child custody determination if the court does not otherwise have such jurisdiction. [2025 c.592 �68] ����� Note: See note under 109.222. ����� 109.235 [1975 c.640 �12; renumbered 109.308 in 2001] ����� 109.236 Termination of gestational surrogacy agreement. (1) A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving written notice of termination to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer. ����� (2) Unless a gestational surrogacy agreement provides otherwise, on termination of the agreement under subsection (1) of this section, the parties are released from the agreement, except that each intended parent remains responsible for expenses that are reimbursable under the agreement and incurred by the gestational surrogate through the date of termination. ����� (3) Except in a case involving fraud, neither a gestational surrogate nor the surrogate�s spouse or former spouse, if any, is liable to the intended parent or parents for a penalty or liquidated damages, for terminating a gestational surrogacy agreement under this section. [2025 c.592 �69] ����� Note: See note under 109.222. ����� 109.237 [1989 c.417 �1; renumbered 109.173 in 2025] ����� 109.238 Parentage under gestational surrogacy agreement; challenge when child is alleged to be genetic child of gestational surrogate. (1) Except as otherwise provided in subsection (3) of this section or ORS 109.240 (2) or 109.244, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child. ����� (2) Except as otherwise provided in subsection (3) of this section or ORS 109.244, neither a gestational surrogate nor the surrogate�s spouse or former spouse, if any, is a parent of the child. ����� (3)(a) If a child is alleged to be a genetic child of the individual who agreed to be a gestational surrogate, the court: ����� (A) Shall order genetic testing of the child as provided in ORS 109.181 to 109.203; or ����� (B) Upon the joint request of the individual and the intended parent or parents, shall admit a report of genetic testing as evidence of the truth of the facts asserted in the report if the parties voluntarily consent to genetic testing that complies with ORS 109.181 to 109.203. ����� (b) If the individual is presumed to be a genetic parent of the child as provided in ORS 109.191, the child is not a child conceived by assisted reproduction under a surrogacy agreement for purposes of establishing parentage of the child under ORS 109.065. ����� (4) Except as otherwise provided in subsection (3) of this section or ORS 109.240 (2) or 109.244, each intended parent of a child conceived by assisted reproduction under a gestational surrogacy agreement is a parent of the child if, due to a clinical or laboratory error, the child is not genetically related to an intended parent or to a donor who donated to the intended parent or parents, subject to any other claim of parentage. [2025 c.592 �70] ����� Note: See note under 109.222. ����� 109.239 [1977 c.686 �5; 2017 c.651 �4; repealed by 2025 c.592 �83] ����� 109.240 Parentage of deceased intended parent. (1) ORS 109.238 applies to an intended parent even if the intended parent dies during the period between the transfer resulting in a pregnancy and the birth of the child. ����� (2) Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in a child conceived by assisted reproduction under a gestational surrogacy agreement is the child�s parent only if: ����� (a) The agreement provides that the intended parent would be the parent of a child conceived by a transfer occurring after the intended parent�s death; and ����� (b) The transfer occurs not later than 24 months after the death of the intended parent. [2025 c.592 �71] ����� Note: See note under 109.222. ����� 109.242 Judgment of parentage. (1) Except as otherwise provided in ORS 109.238 (3), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the circuit court for a judgment: ����� (a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent; ����� (b) Declaring that the gestational surrogate and the surrogate�s spouse or former spouse, if any, are not the parents of the child; ����� (c) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection, except as authorized under ORS 109.232; ����� (d) If necessary, that the child be surrendered to the intended parent or parents; and ����� (e) For other relief the court determines necessary and proper. ����� (2) The court may issue a judgment under subsection (1) of this section before the birth of the child but the court shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the child�s birth. ����� (3) Neither this state nor the state registrar is a necessary party to a proceeding under subsection (1) of this section. [2025 c.592 �72] ����� Note: The amendments to 109.242 by section 73, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience. ����� 109.242. (1) Except as otherwise provided in ORS 109.238 (3), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the circuit court for a judgment: ����� (a) Declaring that each intended parent is a parent of the child and ordering that parental rights and duties vest immediately on the birth of the child exclusively in each intended parent; ����� (b) Declaring that the gestational surrogate and the surrogate�s spouse or former spouse, if any, are not the parents of the child; ����� (c) Directing the State Registrar of the Center for Health Statistics to designate each intended parent as a parent of the child on the birth record; ����� (d) To protect the privacy of the child and the parties, declaring that the court record is not open to inspection, except as authorized under ORS 109.232; ����� (e) If necessary, that the child be surrendered to the intended parent or parents; and ����� (f) For other relief the court determines necessary and proper. ����� (2) The court may issue a judgment under subsection (1) of this section before the birth of the child but the court shall stay enforcement of the judgment until the birth of the child and shall order one or more of the parties to notify the court of the child�s birth. ����� (3) Neither this state nor the state registrar is a necessary party to a proceeding under subsection (1) of this section. ����� Note: See note under 109.222. ����� 109.243 [1977 c.686 �6; 2017 c.651 �5; repealed by 2025 c.592 �83] ����� 109.244 Effect of gestational surrogacy agreement. (1) A gestational surrogacy agreement that complies with ORS 109.222 to 109.244 is enforceable. ����� (2) If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with ORS 109.222 to 109.244, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at the time of the execution of the agreement. Each party to the agreement and any individual who at the time of the execution of the agreement was a spouse of a party to the agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the agreement. ����� (3) Except as expressly provided in a gestational surrogacy agreement or subsection (4) or (5) of this section, if the agreement is breached by the gestational surrogate, the gestational surrogate�s spouse or one or more intended parents, the nonbreaching party is entitled to the remedies available at law or in equity. ����� (4) Specific performance is not a remedy available for breach by a gestational surrogate of a provision in the agreement that the gestational surrogate be impregnated, terminate or not terminate a pregnancy or submit to medical procedures. ����� (5) Except as otherwise provided in subsection (4) of this section, if an intended parent is determined to be a parent of the child, specific performance is a remedy available for: ����� (a) Breach of the agreement by a gestational surrogate or the gestational surrogate�s spouse that prevents the intended parent from exercising immediately on birth of the child the full rights of parentage; or ����� (b) Breach by the intended parent that prevents the intended parent�s acceptance, immediately on birth of the child conceived by assisted reproduction under the agreement, of the duties of parentage. [2025 c.592 �74] ����� Note: See note under 109.222. ����� 109.247 [1977 c.686 �7; 2017 c.651 �6; repealed by 2025 c.592 �83] ����� 109.250 [1953 c.628 �7; repealed by 2025 c.592 �53] ����� 109.251 [1981 c.401 �2; 1995 c.608 �5; 1999 c.80 �24; 2009 c.595 �70; 2017 c.651 �26; repealed by 2025 c.592 �53] ����� 109.252 [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; 2021 c.398 �42; 2025 c.99 �60; repealed by 2025 c.592 �53] ����� 109.254 [1953 c.628 �2; 1981 c.401 �3; 1985 c.671 �44; 1999 c.80 �26; 2001 c.455 �19; 2017 c.651 �28; repealed by 2025 c.592 �53] ����� 109.256 [1953 c.628 �3; 1983 c.762 �8; 1985 c.671 �44a; repealed by 2025 c.592 �53] ����� 109.258 [1953 c.628 �4; 1985 c.671 �44b; 1999 c.80 �27; repealed by 2025 c.592 �53] ����� 109.259 [1997 c.746 �24b; 1999 c.80 �88; 2017 c.651 �29; 2025 c.592 �16; renumbered 109.154 in 2025] ����� 109.260 [1953 c.628 �5; 2011 c.259 �1; 2025 c.592 �52; renumbered 109.204 in 2025] ����� 109.262 [1953 c.628 �6; repealed by 2025 c.592 �53] ����� 109.264 [1993 c.596 �23; 2017 c.651 �30; repealed by 2025 c.592 �53] ADOPTION ����� 109.266 Definitions for ORS 109.266 to 109.410. As used in ORS 109.266 to 109.410, unless the context requires otherwise: ����� (1) �Continued custody� of an Indian child has the meaning described in ORS 419B.606. ����� (2) �Home study� means a written report documenting the result of an assessment conducted by the Department of Human Services, a licensed adoption agency or other public agency to evaluate the suitability of a prospective adoptive parent or parents to adopt. ����� (3) �ICWA compliance report� means a written report prepared by the department after the petition for adoption or readoption has been filed, as described in ORS 109.278. ����� (4) �Indian child� has the meaning given that term in ORS 419B.603. ����� (5) �Placement report� means a written report prepared by the department or by an Oregon licensed adoption agency after the petition for adoption has been filed that includes the department�s or the agency�s recommendation to the court concerning whether the court should grant the petition for adoption based upon the department�s or the agency�s evaluation of: ����� (a) The status and adjustment of the child; and ����� (b) The status and adjustment of the child�s prospective adoptive parent. ����� (6) �Records, papers and files� means all documents, writings, information, exhibits and other filings retained in the court�s record of an adoption case pursuant to ORS 109.289, and includes but is not limited to the Adoption Summary and Segregated Information Statement described in ORS 109.287, and exhibits attached to the statement, the petition and exhibits attached to the petition pursuant to ORS 109.285, and any other motion, judgment, document, writing, information, exhibit or filing retained in the court�s record of the adoption case. [Formerly 109.304] ����� 109.268 Interpretation of adoption laws; agreement for continuing contact. (1) The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state. ����� (2) An adoptive parent and a birth parent may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents. ����� (3) If the child is within the jurisdiction of the juvenile court under ORS 419B.100, an adoptive parent and a birth relative may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents. A birth relative that enters into an agreement under this subsection must have established emotional ties creating an ongoing personal relationship, as defined in ORS 109.119, with the child. If the child is under one year of age, the ongoing personal relationship between the birth relative and the child must have continued for at least half of the child�s life. ����� (4) If the child is 14 years of age or older, an agreement made under this section may not be entered into without the consent of the child. ����� (5) As used in this section, �birth relative� includes a birth parent, grandparent, sibling and other member of the child�s birth family. ����� (6) The court may show approval of an agreement made under this section by incorporating the agreement by reference and indicating the court�s approval of the agreement in the adoption judgment. ����� (7) Failure to comply with the terms of an agreement made under this section is not grounds for setting aside an adoption judgment or revocation of a written consent to an adoption. ����� (8)(a) An agreement made under this section may be enforced by a civil action. However, before a court may enter an order requiring compliance with the agreement, the court must find that the party seeking enforcement participated, or attempted to participate, in good faith in mediating the dispute giving rise to the action prior to filing the civil action. ����� (b) The court may modify an agreement made under this section if the court finds that the modification is necessary to serve the best interests of the adopted child, that the party seeking modification participated, or attempted to participate, in good faith in mediation prior to seeking modification of the agreement and that: ����� (A) The modification is agreed to by all parties to the original agreement; or ����� (B) Exceptional circumstances have arisen since the parties entered into the agreement that justify modification of the agreement. ����� (9) The Department of Human Services is not responsible for any costs associated with an agreement described in subsection (3) of this section. [Formerly 109.305] ����� Note: 109.268 (7) and (8) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.270 Rules regarding home studies and placement reports. (1) Rules adopted by the Department of Human Services for home studies and placement reports under ORS 109.276 (7) and (8) must, at a minimum, require the department to: ����� (a) Consider each prospective adoptive parent on the basis of the prospective adoptive parent�s ability to meet the individual needs of the child for safety, attachment and well-being; ����� (b) Safeguard a child�s rights under ORS 419B.090 (3) by, except as provided in ORS 419B.654 (2), considering the current caretaker and relatives to have equal status and priority as prospective adoptive parents under ORS 419B.192; ����� (c) Give a child�s relatives and current caretaker a greater weight in the consideration of suitability as prospective adoptive parents as compared to the department�s consideration of other persons seeking to adopt a child who are not relatives or current caretakers; and ����� (d) If an adoption is disrupted, consider any relative or current caretaker who was not initially selected by the department as the prospective adoptive parent as an adoptive resource. ����� (2) For purposes of this section, �current caretaker� has the meaning given that term in ORS 419A.004. [Formerly 109.306; 2023 c.291 �3] ����� Note: 109.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.272 Court required to act within six months of filing of petition for adoption; duty of clerk. (1) Not earlier than provided in ORS 109.276 and not later than six months from the date on which the petition for leave to adopt another is filed under ORS 109.276, the court before which the petition is pending shall hold a hearing and shall: ����� (a) Enter a judgment under ORS 109.350; ����� (b) Continue the guardianship or legal custodial status of the child; ����� (c) Waive the child to a court having jurisdiction under ORS 419B.100 or 419C.005; or ����� (d) Take such other action as the court considers necessary. ����� (2) The court before which the petition is pending, on its own motion, may take testimony from or confer with the child to be adopted and may exclude from the conference the parents or guardians of the child, the proposed adoptive parents and other persons if the court finds that such action would be likely to be in the best interests of the child. However, the court shall permit an attorney for each party to attend the conference, and the conference shall be reported. ����� (3) The clerk of the court before which petitions for leave to adopt another are pending shall periodically notify the court and the Department of Human Services of all such petitions which have been pending before the court for more than six months without final disposition pursuant to subsection (1) of this section. ����� (4) The clerk of the court before which a petition is filed for leave to adopt a minor child shall provide to the Director of Human Services a copy of the court�s order of disposition of the petition. [Formerly 109.307] ����� 109.274 Confidentiality of petitioners. (1) In an adoption proceeding that is contested or in which a summons is required to be served, the court may preserve the confidentiality of the names and addresses of the petitioners for the adoption if the court finds that to do so is in the best interests of the child. ����� (2) The preservation of confidentiality under this section does not relieve the court or any petitioners in an adoption proceeding from the duty to comply with the placement preferences under ORS 419B.654 (2) if the child is an Indian child. [Formerly 109.308] ����� 109.276 Petition for adoption; residency and jurisdictional requirements; venue; home study; placement report; fee; rules; filing requirements for entry of judgment. (1) Any person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other person�s name. Except as provided in ORS 419B.529 or 419B.656, a separate petition must be filed for each person for whom leave to adopt is sought. ����� (2) One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (1) must be a resident of this state. As used in this subsection, �resident� means a person who has resided in this state continuously for a period of six months prior to the date of the petition. ����� (3) Except as provided in subsection (4) of this section, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834. ����� (4)(a) Notwithstanding ORS 109.741 and 109.744 and except as provided in ORS 419B.627, a court of this state has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption: ����� (A) The minor child resided in this state for at least six consecutive months including periods of temporary absence; ����� (B) One parent or another person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (1) or 109.302 resided in this state for at least six consecutive months including periods of temporary absence; ����� (C) The prospective adoptive parent resided in this state for at least six consecutive months including periods of temporary absence and substantial evidence is available in this state concerning the present or future care of the minor child; ����� (D) It appears that no court of another state would have jurisdiction under circumstances substantially in accordance with subparagraphs (A) to (C) of this paragraph; or ����� (E) A court of another state has declined to exercise jurisdiction on the grounds that this state is a more appropriate forum to hear a petition for adoption of the minor child and it is in the best interests of the minor child that a court of this state assume jurisdiction. ����� (b) As used in paragraph (a) of this subsection, �periods of temporary absence� means periods of absence of not more than a total of 30 days in the prior six consecutive months. ����� (5) In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located. ����� (6) A petition for adoption of a minor child must comply with the requirements, and be served in the manner, described in ORS 109.285. ����� (7)(a) In a proceeding for the adoption of a minor child, a current home study must be approved by either the Department of Human Services or an Oregon licensed adoption agency for the purpose of demonstrating that the petitioner meets the minimum standards for adoptive homes as set forth in the department�s administrative rules. ����� (b) Except when the court finds that there is reason to know that the child is an Indian child, the department, upon request by the petitioner, may waive the home study requirement in an adoption proceeding in which one of the child�s genetic parents or adoptive parents retains parental rights, or when a relative who qualifies under the department�s administrative rules for a waiver of the home study requirement is the prospective adoptive parent. ����� (c) The department shall, subject to ORS 109.270, adopt rules to implement the provisions of this subsection. ����� (8)(a)(A) Within 90 days after service upon the Director of Human Services as required under ORS 109.285, the Department of Human Services shall investigate and file for the consideration of the judge before whom the petition for adoption is pending a placement report containing information regarding the status of the child and evidence concerning the suitability of the proposed adoption. The department may designate an Oregon licensed adoption agency to investigate and report to the court. If the department designates an Oregon licensed adoption agency to investigate and report to the court, the department shall make the designation and provide all necessary information and materials to the Oregon licensed adoption agency no later than 30 days after the service on the director and upon receipt of all required documentation and fees. ����� (B) Except when the court finds that there is reason to know that the child is an Indian child, the department: ����� (i) May waive the placement report requirement under this subsection; and ����� (ii) Shall waive the placement report requirement in an adoption proceeding in which one of the child�s genetic parents or adoptive parents retains parental rights. ����� (b) Upon receipt of a written request by the petitioner or the petitioner�s attorney, the department shall furnish to the petitioner or the petitioner�s attorney copies of any information that the department has filed with the court. ����� (c) Information gathered by the department or by an Oregon licensed adoption agency during the preparation of the placement report may include information concerning the child�s social, medical and genetic history and the birth parent�s history as may be required by ORS 109.301, 109.302 or 109.342. ����� (d) The court shall file and retain the placement report filed under this subsection in the same location in the records, papers and files in the court�s record of the adoption case as the petition and exhibits filed under ORS 109.285 are located. The placement report must be segregated from the Adoption Summary and Segregated Information Statement and the exhibits submitted under ORS 109.287. ����� (e) The department shall, subject to ORS 109.270, adopt rules to implement the provisions of this subsection. ����� (9) The department may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study required under subsection (7) of this section and the placement report required under subsection (8) of this section. The petitioner shall report the fee amount to the court. The court granting the adoption shall make a finding as to whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for investigation, home study and placement report preparation. The department shall prescribe by rule the procedure for computing the investigation, home study and placement report preparation fee. The rules shall provide a waiver of either part or all of the fee based upon the petitioner�s ability to pay. ����� (10) The court may not rule upon a petition for the adoption of a minor child until at least 90 days after the date that the petition and documents required to be served on the Director of Human Services under ORS 109.285 and 109.287 have been served upon the director. The department may waive the 90-day waiting period. ����� (11) The amounts of any fees collected under subsection (9) of this section are continuously appropriated to the department for use in preparing home studies and placement reports required under this section. ����� (12)(a) Except as provided in paragraph (b) of this subsection, a court may not grant a judgment for the adoption of a minor child unless the petitioner has filed with the court: ����� (A) A petition, including exhibits attached to the petition, meeting the requirements of ORS 109.285; ����� (B) Written evidence that a home study has been completed and approved, unless waived, under subsection (7) of this section; ����� (C) A placement report under subsection (8) of this section unless waived; and ����� (D) The Adoption Summary and Segregated Information Statement under ORS 109.287, including exhibits attached to the statement. ����� (b) Except when the court finds that there is reason to know that the child is an Indian child, a person is not required to file a home study or a placement report with the court when the department has granted the person a waiver under department rules. ����� (13) When the court conducts a hearing under ORS 109.266 to 109.410 regarding the adoption of a minor child, the court shall make the inquiries described in ORS 419B.636 (4)(b) and make a finding and order subject to the procedures under ORS 419B.636 (4) regarding whether there is reason to know that the child is an Indian child. [Formerly 109.309; 2025 c.592 �123] ����� 109.278 ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules. (1) In a proceeding for the adoption or readoption of a minor child, within 90 days after service of a petition or amended petition upon the Director of Human Services as required under ORS 109.285 or 109.385, the Department of Human Services shall file with the court an ICWA compliance report. The ICWA compliance report must reflect the department�s review of the petition or amended petition and must advise the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to make the findings required under subsection (2) of this section. Nothing in this subsection or subsection (3) of this section requires the department to make a determination of law regarding the documentation provided by the petitioner. ����� (2)(a) Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2). ����� (b)(A) If the court finds, subject to the procedures under ORS 419B.636 (4), that there is reason to know that the child is an Indian child, the court�s order under this subsection must include a finding regarding whether the proposed adoptive placement complies with the preferences under ORS 419B.654 (2). If the court finds that the proposed adoptive placement does not comply with the preferences or that the documentation provided by the petitioner is insufficient for the court to make a finding, the court shall direct the petitioner to amend the petition to cure the deficiency or file a motion under ORS 419B.654 (3) for authority to make the placement contrary to the placement preferences under ORS 419B.654 (2). ����� (B) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, the notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation supplied by the petitioner is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended petition. ����� (c) The court shall order the petitioner to appear and show cause why the court should not dismiss the petition if the court directs the petitioner to file an amended petition or a motion under paragraph (b) of this subsection and the petitioner fails to do so within a reasonable amount of time. ����� (3)(a) The department shall, by rule, provide a nonexhaustive description of the documentation that petitioners or moving parties in proceedings under ORS 109.266 to 109.410 may submit to the court to document compliance with the inquiry and notice requirements under ORS 419B.636 (2) and (4) and 419B.639 (2) and (3) and the placement preferences under ORS 419B.654, including: ����� (A) Descriptions of the consultations the petitioner or moving party made with the individuals described in ORS 419B.636 (2) and the responses the petitioner or moving party obtained; ����� (B) Descriptions of any oral responses and copies of any written responses the petitioner or moving party obtained from the individuals described in ORS 419B.636 (2) or 419B.639 (3); ����� (C) Copies of any identification cards or other records indicating the membership of the child or the child�s parent in an Indian tribe; ����� (D) Copies of any tribal court records regarding the Indian child; ����� (E) Any reports, declarations or testimony on the record documenting the due diligence of the petitioner or moving party to identify and work with all of the tribes of which the petitioner or moving party has reason to know that the child may be a member or in which the child may be eligible for membership; and ����� (F) The declaration of compliance regarding ORS 419B.639 (2) notices the petitioner sent, as described in ORS 109.285 (5)(d) and 109.385 (7)(b). ����� (b) The department shall adopt any other rules for the preparation of ICWA compliance reports that are necessary for the department to carry out the department�s duties under ORS 109.266 to 109.410. ����� (c) The State Court Administrator may prepare and make available to the public forms and information to assist petitioners to comply with the requirements under this section, ORS 109.285, 109.385, 419B.636 (2), 419B.639 (2) and (3) and 419B.654 (2) and (3) and any related rules, including: ����� (A) Forms of petitions required under ORS 109.285 and 109.385, motions to request a deviation from the placement preferences under ORS 419B.654 (3) and notices required under ORS 419B.639 (2); and ����� (B) Worksheets and checklists to assist petitioners with the inquiry required under ORS 419B.636 (2), the notices required under ORS 419B.639 (2) and assessing whether proposed adoptive placements satisfy the preferences under ORS 419B.654 (2). ����� (d) The Judicial Department may design and offer trainings to courts having jurisdiction over adoption matters regarding the application of ORS 419B.600 to 419B.654 to adoptions of minor children, including but not limited to identifying when there is reason to know that the child is an Indian child and making findings regarding the sufficiency of inquiry and notice and the appropriateness of adoptive placements. [2021 c.398 �7] ����� 109.281 Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising. (1) Each adoption petition filed pursuant to ORS 109.276 seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs and expenses related to the adoption, including all legal, medical, living and travel expenses. The form of the disclosure statement shall be prescribed by the Department of Human Services after consultation with approved Oregon licensed adoption agencies. ����� (2) A court may not grant a judgment for an adoption of a minor child in the absence of a placement report by the department or an Oregon licensed adoption agency unless the filing of such report has been waived by the department. A court may not grant a judgment for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioner�s knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption. ����� (3) A person may not charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS chapter 418 may charge reasonable fees for services provided by them. ����� (4)(a) It is unlawful for any person to advertise: ����� (A) A child offered or wanted for adoption; or ����� (B) That the person is able to place, locate, dispose of or receive a child for adoption. ����� (b) The provisions of paragraph (a) of this subsection do not apply to: ����� (A) The department or a licensed Oregon adoption agency or an agent, employee or person with whom the department or adoption agency has a contract authorizing such actions; or ����� (B) A person who has completed a home study as required by ORS 109.276 (7) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person�s attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The person�s attorney must be licensed to practice in Oregon. ����� (c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorney�s availability to provide services related to the adoption of children. ����� (d) As used in this subsection, unless the context requires otherwise, �advertise� means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. [Formerly 109.311] ����� 109.283 Application for home study by Oregon resident. (1) The Department of Human Services shall accept and may approve an application for a home study as defined in ORS 109.266 that is submitted by an Oregon resident seeking to adopt a child in the custody of: ����� (a) The department; ����� (b) A public child welfare agency in another state, following receipt of a request from the agency in the other state under the Interstate Compact on the Placement of Children; or ����� (c) A public child welfare agency in another country, following receipt of an appropriate request from the agency in the other country. ����� (2) The department shall also accept and may approve an application for a home study under this section that is submitted by an Oregon resident who is currently or has previously been under study or consideration by another public or private agency for placement of a child for adoption. ����� (3) An application submitted under this section may be approved if the application meets the requirements of the department as established by rule. [Formerly 109.313] ����� Note: 109.283 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.285 Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality. (1) A petition for adoption of a minor child must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following: ����� (a) The full name of the petitioner; ����� (b) The state and length of residency in the state of the petitioner and information sufficient to establish that the residency requirement of ORS 109.276 (2) has been met; ����� (c) The current marital or domestic partnership status of the petitioner; ����� (d) An explanatory statement as to why the petitioner is of sufficient ability to bring up the minor child and furnish suitable nurture and education sufficient for judgment to be entered under ORS 109.350; ����� (e) Information sufficient for the court to establish that the petitioner has complied with the jurisdictional and venue requirements of ORS 109.276 (4) and (5); ����� (f) The full name, gender and date and place of birth of the minor child; ����� (g) The marital or domestic partnership status of the biological mother at the time of conception, at the date of birth and during the 300 days prior to the date of birth of the minor child; ����� (h)(A) A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the petitioner�s efforts described in ORS 419B.636 (2) to determine whether there is reason to know that the child is an Indian child; ����� (B) A statement that the petitioner has reason to know that the child is an Indian child or does not have reason to know that the child is an Indian child; and ����� (C) If the petitioner has reason to know that the child is an Indian child: ����� (i) A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (2); or ����� (ii) A statement that the petitioner is moving the court under ORS 419B.654 (3) for a finding, by clear and convincing evidence, that good cause exists for alternative adoptive placement and a statement describing the details supporting the petitioner�s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (4); ����� (i) The name and relationship to the minor child of any person who has executed a written release or surrender of parental rights or of rights of guardianship of the minor child as provided by ORS 418.270 and the date of the release or surrender; ����� (j) The name and relationship to the minor child of any person who has given written consent as required under ORS 109.301 or 109.302, and the date the consent was given; ����� (k) The name and relationship to the minor child of any person or entity for whom the written consent requirement under ORS 109.301 or 109.302 is waived or not required as provided in ORS 109.322, 109.323, 109.324, 109.325, 109.326 and 109.327 or whose written consent may be substituted for the written consent requirement under ORS 109.301 or 109.302 as provided in 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 minor child of all persons who have signed and attested to: ����� (A) A written certificate of irrevocability and waiver as provided in ORS 109.301 (2); or ����� (B) A written certificate stating that a release or surrender under ORS 418.270 (4) becomes irrevocable as soon as the child is placed for the purpose of adoption or, if the child is an Indian child, upon entry of the judgment of adoption; ����� (m) A statement of the facts and circumstances under which the petitioner obtained physical custody of the minor child, including date of placement with the petitioner for adoption and the name and relationship to the minor child of the individual or entity placing the minor child with the petitioner; ����� (n) The length of time that a minor child has been in the physical custody of the petitioner and, if the minor child is not in the physical custody of the petitioner, the reason why, and the date and manner in which the petitioner will obtain physical custody of the minor child; ����� (o) Whether a continuing contact agreement exists under ORS 109.268, including names of the parties to the agreement and date of execution; ����� (p) A statement establishing that the requirements of ORS 109.353 regarding advisement about the voluntary adoption registry and the registry�s services have been met; ����� (q) A statement establishing that the requirements of ORS 109.346 regarding notice of right to counseling sessions have been met; ����� (r) A statement that the information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 to 109.834 has been provided in the Adoption Summary and Segregated Information Statement under ORS 109.287; ����� (s) A statement that the Interstate Compact on the Placement of Children does or does not apply and, if applicable, a statement of the efforts undertaken to comply with the compact; ����� (t) Unless waived, a statement that a current home study was completed in compliance with ORS 109.276 (7); and ����� (u) A declaration made under penalty of perjury that the petition, and the information and statements contained in the petition, are true to the best of the petitioner�s knowledge and belief and that the petitioner understands the petition, and information and statements contained in the petition, may be used as evidence in court and are subject to penalty for perjury. ����� (2) A petition filed under ORS 109.276 must, if applicable, request the following: ����� (a) Entry of a general judgment of adoption; ����� (b) That the petitioner be permitted to adopt the minor child as the child of the petitioner for all legal intents and purposes; ����� (c) A finding that the court has jurisdiction over the adoption proceeding, the parties and the minor child; ����� (d) With respect to the appropriate persons, the termination of parental rights or a determination of nonparentage; ����� (e) Approval of a change to the minor child�s name; ����� (f) A finding that a continuing contact agreement entered into under ORS 109.268 is in the best interests of the minor child and that, if the minor child is 14 years of age or older, the minor child has consented to the agreement, and that the court incorporate the continuing contact agreement by reference into the adoption judgment; ����� (g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223; ����� (h) That all records, papers and files in the record of the adoption case be sealed as provided under ORS 109.289; ����� (i) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2); ����� (j) A finding of whether there is reason to know that the child is an Indian child; ����� (k) If the court finds that there is reason to know that the child is an Indian child: ����� (A) The determinations required under ORS 419B.621 regarding the Indian child�s residence, domicile and wardship status; ����� (B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (2); and ����� (C) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, if not, that, upon the petitioner�s motion under ORS 419B.654 (3), good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2); and ����� (L) Any other relief requested by the petitioner. ����� (3) A petition filed under ORS 109.276 must, if applicable, have the following attached as exhibits: ����� (a) Any written release or surrender of the minor child for adoption, or a written disclaimer of parental rights; ����� (b) Any written consent to the adoption; ����� (c) Any certificate of irrevocability and waiver; ����� (d) Any continuing contact agreement under ORS 109.268; ����� (e) The written disclosure statement required under ORS 109.281; and ����� (f) Any other supporting documentation necessary to comply with the petition requirements in this section and ORS 109.276. ����� (4) The petition and documents filed as exhibits under subsection (3) of this section are confidential and may not be inspected or copied except as provided under ORS 109.266 to 109.410 and 109.425 to 109.507. ����� (5)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition, the documents filed as exhibits under subsection (3) of this section, the Adoption Summary and Segregated Information Statement described in ORS 109.287, including any amendments and exhibits attached to the statement, and, if applicable, a copy of the declaration of compliance described in paragraph (d) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service. ����� (b) In the case of an adoption in which one of the child�s parents retains parental rights as established under ORS 109.065 or 419B.609, the petitioner shall also serve the petition by either registered or certified mail with return receipt or personal service: ����� (A) On all persons whose consent to the adoption is required under ORS 109.301 unless the person�s written consent is filed with the court; and ����� (B) On the parents of the party whose parental rights would be terminated, if the names and addresses are known or may be readily ascertained by the petitioner. ����� (c) When a parent of the child is deceased or incapacitated, the petitioner shall also serve the petition on the parents of the deceased or incapacitated parent, if the names and addresses are known or may be readily ascertained by the petitioner. As used in this paragraph: ����� (A) �Incapacitated� means a condition in which a person�s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person lacks the capacity to meet the essential requirements for the person�s physical health or safety. ����� (B) �Meet the essential requirements for the person�s physical health or safety� means those actions necessary to provide health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur. ����� (d) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall: ����� (A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (3), to: ����� (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; ����� (ii) The child�s parents; ����� (iii) The child�s Indian custodian, if applicable; and ����� (iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained. ����� (B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service. ����� (e) Except when the child is an Indian child, service required by this subsection may be waived by the court for good cause. [Formerly 109.315] ����� 109.287 Adoption Summary and Segregated Information Statement; exhibits; confidentiality. (1) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for adoption of a minor child filed under ORS 109.276. The statement must summarize information in the adoption proceeding and include additional information and attached exhibits as required under this section. The statement must contain, at a minimum, the following information if known or readily ascertainable by the petitioner: ����� (a) The full name, permanent address and telephone number of each petitioner; ����� (b) The current full name, the proposed adoptive name and the date and place of birth of the minor child; ����� (c) The names, permanent addresses and telephone numbers of any person whose consent to the adoption is required under ORS 109.301 or 109.302; ����� (d) The name and relationship to the minor child and address of any person or entity for whom the written consent requirement under ORS 109.301 or 109.302 is waived or not required as provided in ORS 109.322, 109.323, 109.324, 109.325, 109.326 and 109.327 or ORS 109.302 or whose written consent may be substituted for the written consent requirement under ORS 109.301 or 109.302 as provided in ORS 109.302 to 109.329; ����� (e) Whether there is reason to know that the child is an Indian child; ����� (f) The information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 to 109.834 except that, when the Department of Human Services or an approved child-caring agency of this or any other state has placed a minor child with a foster parent, the information required under this paragraph regarding the minor child�s address, whereabouts or places the minor child has lived during the past five years, as required under ORS 107.767, is limited to the fact that the minor child was placed with a foster parent and the county and state of the location of the foster care placement, and disclosure of the foster parent�s name and address is specifically exempted from the requirements of this paragraph; ����� (g) The name, address and telephone number of any adoption agency that will be consenting, or has consented, to the adoption; ����� (h) The name, bar number and contact information for any attorney representing a petitioner or a person whose consent to the adoption is required under ORS 109.301 or 109.302; and ����� (i) An indication of the type of adoption proceeding as follows: ����� (A) Private agency adoption, whether domestic 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 Department of Human Services gives consent under ORS 109.325; or ����� (I) Any other specified adoption. ����� (2) An Adoption Summary and Segregated Information Statement must, if applicable, have the following attached as exhibits: ����� (a) A home study or written evidence that a home study has been approved as required by ORS 109.276, unless waived; ����� (b) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics as required under ORS 432.223; and ����� (c) A medical history of the minor child and of the genetic parents as required under ORS 109.342. ����� (3) A waiver of the home study requirement may be substituted for the requirement under subsection (2)(a) of this section. ����� (4) The petitioner has a continuing duty to inform the court of any change to the information required under this section or when information that was not previously known or ascertainable becomes known or ascertainable. ����� (5) The Adoption Summary and Segregated Information Statement and the exhibits submitted under subsection (2) of this section are confidential and may not be inspected or copied except as otherwise provided under ORS 109.266 to 109.410 or 109.425 to 109.507. The Adoption Summary and Segregated Information Statement and the exhibits submitted under this section must be segregated in the record of the adoption case from other records, papers and files in the record of the adoption case. [Formerly 109.317; 2025 c.592 �124] ����� 109.289 Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees. (1) The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court. ����� (2) The clerk, court administrator and any other person having custody of the records, papers and files in the court�s record of an adoption case shall cause the records, papers and files, both prior to entry of judgment and after entry of judgment of adoption, to be sealed. The clerk, court administrator and any other person having custody of the records, papers and files shall not unseal or allow inspection or copying of or disclose any information in the records, papers and files to any person or entity, except as provided in this section or pursuant to ORS 109.266 to 109.410 or 109.425 to 109.507. ����� (3) Prior to entry of judgment in an adoption proceeding, and after entry of judgment in an adoption proceeding but prior to the minor child who is the subject of the adoption proceeding attaining 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court�s record of an adoption case without a court order: ����� (a) Presiding judges and judges of the court operating under the Judicial Department, and court staff or other persons operating under the direction of the presiding judges or judges; ����� (b) Petitioners and their attorneys of record; ����� (c) The Department of Human Services; and ����� (d) If the minor child is an Indian child, the Indian child�s tribe and the United States Secretary of the Interior. ����� (4) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court�s record of the adoption case without a court order: ����� (a) Judges of the court operating under the Judicial Department and court staff or other persons operating under the direction of the judges; ����� (b) The person who was the minor child in the adoption proceeding, except that the person who was the minor child in the adoption proceeding may not inspect or copy the home study approved under ORS 109.276 (7) except pursuant to a court order and with good cause; ����� (c) Petitioners and their attorneys of record; ����� (d) The Department of Human Services; and ����� (e) If the minor child was an Indian child, the Indian child�s tribe and the United States Secretary of the Interior. ����� (5)(a) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, an individual whose consent for the adoption is required under ORS 109.301 or 109.302 may file a motion with the court to inspect and copy sealed records, papers and files that are maintained in the court�s record of the adoption case. ����� (b) Except as provided in paragraph (c) of this subsection, the court shall grant the motion except for good cause but must exclude from inspection and copying: ����� (A) For adoption cases filed on or after January 1, 2014: ����� (i) The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.287; and ����� (ii) Exhibits described in ORS 109.287 (2) that are contained in the court�s record of the adoption case. ����� (B) For adoption cases filed before January 1, 2014: ����� (i) Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767; ����� (ii) A home study; ����� (iii) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted; ����� (iv) A medical history described in ORS 109.342 or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the genetic parents; and ����� (v) Addresses, phone numbers and Social Security numbers of persons or entities described in ORS 109.287 (1)(a) to (d) that are contained in the court�s record of the adoption case. ����� (c) If the Department of Human Services consented or has the authority to consent to the adoption of a minor child under ORS 109.325 or 419B.529: ����� (A) A parent who has signed a release and surrender to the department under ORS 418.270, that was accepted by the department, or whose parental rights were terminated under ORS 419B.500 and 419B.502 to 419B.524, may file a motion with the court to inspect or copy sealed records, papers and files that are maintained in the court�s record of the adoption case but may not be granted the right to inspect or copy: ����� (i) For adoption cases filed on or after January 1, 2014: ����� (I) The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.287; and ����� (II) Exhibits described in ORS 109.287 (2) that are contained in the court�s record of the adoption case. ����� (ii) For adoption cases filed before January 1, 2014: ����� (I) Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767; ����� (II) A home study; ����� (III) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted; and ����� (IV) A medical history described in ORS 109.342 or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the genetic parents. ����� (B)(i) The court may grant the motion for good cause. The name, address, phone number, Social Security number or other identifying information of any individual or entity contained in the records, papers and files must be redacted and may not be disclosed as part of the inspection or copying allowed under this paragraph. ����� (ii) Notwithstanding sub-subparagraph (i) of this subparagraph, the name of the parent filing the motion and the name, bar number and contact information for any attorney of record in the case may be disclosed as part of the inspection or copying allowed under this paragraph. ����� (d) The fee imposed and collected by the court for the filing of a motion under this subsection by the birth parent of an adult adoptee shall be in accordance with ORS 21.145, except that a fee may not be imposed or collected for a motion filed under this subsection for adoptions where the Department of Human Services consented to the adoption under ORS 109.325 or 419B.529. ����� (6) Except as provided in subsection (5)(c) of this section, an individual or entity that signed a record, paper or document in a file contained in the court�s record of the adoption case is entitled to inspect and obtain a copy of that record, paper or document without a court order. The signature and name of any other individual or entity on the same record, paper or document must be redacted or otherwise not disclosed as part of the inspection and copying permitted under this subsection. ����� (7)(a) Any documents, writings, information and other records retained by the Department of Human Services or a child-caring agency as defined in ORS 418.205 in the department�s or agency�s record of an adoption case that are not records, papers and files in the court�s record of the adoption case are confidential and must be sealed. Any records, documents or information, including records, papers and files in the court�s record of the adoption case, retained by the department or agency in its record of an adoption case may be accessed, used or disclosed only as provided in this section or ORS 109.266 to 109.410 or 109.425 to 109.507, or pursuant to a court order for good cause. ����� (b) The department or agency may, without a court order, access, use or disclose any records, documents or information retained by the department or agency in its record of an adoption case, including records, papers and files in the court�s record of an adoption case that are in the possession of the department or the agency for the purpose of providing adoption services or the administration of child welfare services that the department or agency is authorized to provide under applicable federal or state law. ����� (8) Except as otherwise provided in this section, a court may grant a motion and enter an order allowing inspection, copying or other disclosure of records, papers and files that are maintained in the court�s record of an adoption case for good cause. ����� (9) Nothing contained in this section shall prevent the clerk or court administrator from certifying or providing copies of a judgment of adoption to the petitioner in an adoption proceeding, to the petitioner�s attorney of record or to the Department of Human Services. ����� (10) The provisions of this section do not apply to the disclosure of information under ORS 109.425 to 109.507. ����� (11) Except as provided in subsection (5)(d) of this section, the court may impose and collect fees for copies and services provided under this section, including but not limited to filing, inspection and research fees. ����� (12) Unless good cause is shown, when the court grants a motion to inspect, copy or otherwise disclose records, papers and files in the court�s record of an adoption case, the court shall order a prohibition or limitation on redisclosure of the records, papers and files, or of information contained in the records, papers and files. ����� (13) When inspection, copying or disclosure is allowed under this section, the court may require appropriate and reasonable verification of the identity of the requesting person to the satisfaction of the court. ����� (14)(a) When an Indian child�s tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available no later than 14 days following the date of the request. ����� (b) The records made available under this subsection must, at a minimum, include the petition, all substantive orders entered in the adoption proceeding, the complete record of the placement finding and, if the placement departs from the placement preferences under ORS 419B.654, detailed documentation of the efforts to comply with the placement preferences. [Formerly 109.319; 2025 c.592 �125] ����� 109.301 Consent to adoption in general. (1) Except as provided in ORS 109.302 to 109.329, consent in writing to the adoption of a minor child pursuant to a petition filed under ORS 109.276 is required to be given by the following: ����� (a) The parents of the child, or the survivor of the parents. ����� (b) The guardian of the child, if the child has no living parent. ����� (c) The next of kin in this state, if the child has no living parent and no guardian. ����� (d) Some suitable person appointed by the court to act in the proceeding as next friend of the child to give or withhold consent, if the child has no living parent and no guardian or next of kin qualified to consent. ����� (2)(a) A person who gives consent to adoption under subsection (1) of this section may agree concurrently or subsequently to the giving of such consent that the consent shall be or become irrevocable, and may waive such person�s right to a personal appearance in court, by a duly signed and attested certificate. The certificate of irrevocability and waiver shall be in effect when the following are completed: ����� (A) The child is placed for the purpose of adoption in the physical custody of the person or persons to whom the consent is given; ����� (B) The person or persons to whom consent for adoption is given have filed a petition to adopt the child in a court of competent jurisdiction; ����� (C) The court has entered an order appointing the petitioner or some other suitable person as guardian of the child pursuant to ORS 109.335; ����� (D) The Department of Human Services, an Oregon licensed adoption agency or an attorney who is representing the adoptive parents has filed either a department or an Oregon licensed adoption agency home study with the court approving the petitioner or petitioners as potential adoptive parents or the department has notified the court that the filing of such study has been waived; ����� (E) Information about the child�s social, medical and genetic history required in ORS 109.342 has been provided to an attorney or the department or an Oregon licensed adoption agency by the person giving consent to the adoption; and ����� (F) The person signing the certificate of irrevocability and waiver has been given an explanation by an attorney who represents the person and who does not also represent the adoptive family, by the department or by an Oregon licensed adoption agency of the consequences of signing the certificate. ����� (b) Upon the fulfillment of the conditions in paragraph (a) of this subsection, the consent for adoption may not be revoked unless fraud or duress is proved with respect to any material fact. ����� (3)(a) A consent under this section must indicate whether the person giving the consent has reason to know that the child is an Indian child. ����� (b) If the person does not have reason to know that the child is an Indian child, the consent must include a statement that the person giving notice will inform the court immediately if, prior to the entry of the judgment of adoption or readoption under ORS 109.350, the person receives information that provides reason to know that the child is an Indian child. ����� (c) A certificate of irrevocability described in subsection (2) of this section is not valid for the adoption of an Indian child. ����� (4) As used in this section, �parent� means a person whose parentage has been established pursuant to ORS 109.065. [Formerly 109.321] ����� 109.302 Consent to adoption of Indian child; withdrawal of consent. (1) As used in this section, �parent� has the meaning given that term in ORS 419B.603. ����� (2)(a) If a petition filed under ORS 109.276 is for the adoption of an Indian child, except as otherwise provided in ORS 109.302 to 109.329, consent in writing to the adoption must be given by the following: ����� (A) The Indian child�s parents, or the survivor of the parents. ����� (B) If the Indian child has no living parent, the Indian child�s guardian or Indian custodian. ����� (C) If the Indian child has no living parent, guardian or Indian custodian, the next of kin in this state. ����� (b) Consent under this section is valid only as to the person giving consent. ����� (c) If both of the Indian child�s parents are living but only one of the Indian child�s parents consents to the adoption: ����� (A) The petitioner must demonstrate to the court that the petitioner has made active efforts, as described in ORS 419B.645, to prevent the break up of the family or to reunite the family; ����� (B) The petitioner, in accordance with ORS 109.330, shall serve on the nonconsenting parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the nonconsenting parent�s consent; and ����� (C) The objections of the nonconsenting parent, if any, must be heard if appearance is made. ����� (3)(a) An Indian child�s parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child�s birth by executing the consent in person before the court and filing the consent with the court. ����� (b) The consent must clearly set out the conditions to the consent, if any. ����� (4)(a) Prior to the execution of a parent�s consent under subsection (3) of this section, the court must explain to the parent on the record in detail and in the language of the parent: ����� (A) The right to legal counsel; ����� (B) The terms and consequences of the consent in detail; and ����� (C) That at any time prior to the entry of the judgment of adoption or readoption under ORS 109.350 the parent may withdraw consent for any reason and have the child returned. ����� (b) After the execution of a parent�s consent under subsection (3) of this section, the court shall certify that the court made the explanation under paragraph (a) of this subsection and that the parent fully understood the explanation. ����� (5)(a) At any time prior to the entry of a judgment of adoption or readoption under ORS 109.350, an Indian child�s parent may withdraw the parent�s consent under this section. ����� (b) The withdrawal of consent must be made by filing the written withdrawal with the court or by making a statement of withdrawal on the record in the adoption proceeding. ����� (c) Upon entry of the withdrawal of consent, the court must promptly notify the person or entity that arranged the adoptive placement and order that the Indian child be returned to the parent or Indian custodian as soon as practicable. ����� (6) This section does not apply when consent is given in loco parentis under ORS 109.325 or 109.327. [2021 c.398 �19] ����� 109.304 [1993 c.717 �8; 2013 c.346 �1; 2021 c.398 �10; renumbered 109.266 in 2021] ����� 109.305 [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; renumbered 109.268 in 2021] ����� 109.306 [2015 c.795 �5; renumbered 109.270 in 2021] ����� 109.307 [1965 c.188 �2; 1983 c.369 �3; 1987 c.814 �2; 1993 c.33 �292; 1993 c.546 �117; 2003 c.576 �143; renumbered 109.272 in 2021] ����� 109.308 [Formerly 109.235; 2005 c.369 �2; 2021 c.398 �27; renumbered 109.274 in 2021] ����� 109.309 [1993 c.717 �2 (enacted in lieu of 109.310); 1993 c.717 �9; 1995 c.90 �3; 1995 c.730 �2; 1997 c.470 �1; 1999 c.160 �2; 1999 c.649 �52; 2003 c.258 �1; 2003 c.576 �144; 2005 c.475 �1; 2013 c.346 �2; 2015 c.511 �7; 2015 c.795 �4; 2021 c.398 �2; renumbered 109.276 in 2021] ����� 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 [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; renumbered 109.281 in 2021] ����� 109.312 [1957 c.710 �2 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 �106; 1983 c.302 �2; 1985 c.565 �10; 1987 c.814 �1; 1991 c.553 �1; 1993 c.717 �6; 2013 c.346 �10; renumbered 109.321 in 2013] ����� 109.313 [2011 c.120 �1; renumbered 109.283 in 2021] ����� 109.314 [1957 c.710 �3 (109.312 to 109.329 enacted in lieu of 109.320); 2005 c.369 �4; renumbered 109.323 in 2013] ����� 109.315 [2013 c.346 �4; 2015 c.511 �1; 2017 c.651 �31; 2021 c.398 �8; renumbered 109.285 in 2021] ����� 109.316 [1957 c.710 �4 (109.312 to 109.329 enacted in lieu of 109.320); 1971 c.401 �5; 1987 c.466 �3; 1995 c.664 �82; 2005 c.22 �86; renumbered 109.325 in 2013] ����� 109.317 [2013 c.346 �5; 2015 c.511 �2; 2021 c.398 �17; renumbered 109.287 in 2021] ����� 109.318 [1957 c.710 �5 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 �107; 2005 c.22 �87; renumbered 109.327 in 2013] ����� 109.319 [2013 c.346 �6; 2014 c.71 �7; 2015 c.511 �3; 2015 c.512 �3; 2016 c.106 �43; 2021 c.398 �40; renumbered 109.289 in 2021] ����� 109.320 [Repealed by 1957 c.710 �1 (109.312 to 109.329 enacted in lieu of 109.320)] ����� 109.321 [Formerly 109.312; 2015 c.511 �10; 2017 c.651 �32; 2021 c.398 �21; renumbered 109.301 in 2021] ����� 109.322 Consent of parent with mental illness or intellectual disability; consent of imprisoned parent. (1) If a parent has been adjudged to be a person with mental illness under ORS 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS 427.290, and remains so at the time of the adoption proceedings, or if a parent is imprisoned in a state or federal prison under a sentence for a term of not less than three years and has actually served three years, the petitioner, in accordance with ORS 109.330, shall serve on the parent, if the parent has not consented in writing to the adoption, a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent�s consent. ����� (2) In the case of a parent adjudged to be a person with mental illness under ORS 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS 427.290, the petitioner shall also serve the summons and the motion and order to show cause upon the guardian of the parent. If the parent has no guardian, the court shall appoint a guardian ad litem to appear for the parent in the adoption proceedings. ����� (3) Upon hearing, except as provided in ORS 109.330 (8) if the child is an Indian child, if the court finds that the adoption is in the best interests of the child, the consent of the parent who is imprisoned or adjudged to be a person with mental illness or an intellectual disability is not required, and the court may proceed regardless of the objection of the parent. ����� (4) This section does not apply when consent is given in loco parentis under ORS 109.325 or 109.327. [1957 c.710 �6 (109.312 to 109.329 enacted in lieu of 109.320); 1975 c.711 �1; 2003 c.576 �146; 2005 c.369 �5; 2007 c.70 �22; 2013 c.360 �4; 2021 c.398 �22] ����� 109.323 Consent when custody of child has been awarded in divorce proceedings. (1) If the legal custody of the child has been awarded in marital dissolution proceedings, except as provided in ORS 109.330 (8) if the child is an Indian child, the written consent of the person to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial parent consents to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the noncustodial parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parent�s consent, and the objections of the noncustodial parent shall be heard if appearance is made. ����� (2) This section does not apply when consent is given in loco parentis under ORS 109.325 or 109.327. [Formerly 109.314; 2021 c.398 �23] ����� 109.324 Consent when parent has deserted or neglected child. (1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent�s consent. ����� (2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (3), except as provided in ORS 109.330 (8) if the child is an Indian child, if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parent�s consent is not required, the court may proceed regardless of the objection of the parent. ����� (3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may: ����� (a) Disregard incidental visitations, communications and contributions; and ����� (b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section. ����� (4) This section does not apply when consent is given in loco parentis under ORS 109.325 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; 2021 c.398 �24] ����� 109.325 Consent by Department of Human Services or approved child-caring agency of this state. (1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a child who has been: ����� (a) Surrendered to it for the purpose of adoption under ORS 418.270 if compliance is had with the provisions of that section; ����� (b) Permanently committed to it by order of a court of competent jurisdiction; or ����� (c) Surrendered to it for the purpose of adoption under ORS 418.270 by one parent if compliance is had with the provisions of that section and permanently committed to it by a court of competent jurisdiction having jurisdiction of the other parent. ����� (2) The department may consent to the adoption of a child over whom the department has been made guardian under ORS chapter 125. ����� (3) When consent is given under this section, no other consent is required. ����� (4) When consent is given under this section, there shall be filed in the adoption proceeding: ����� (a) A certified copy of an order of a court of competent jurisdiction formally and permanently assigning the guardianship of the child to the department or the child-caring agency, or a copy of the surrender of the child from its parent or parents or guardian, or both, as the case may be; and ����� (b) Written formal consent by the department or the child-caring agency, as the case may be, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. The consent of the department or the child-caring agency to the proposed adoption may be given by one of its officers, executives or employees who has been authorized or designated by it for that purpose. [Formerly 109.316] ����� 109.326 Consent when spouse not parent. (1) If a parent who gave birth to a child was married at the time of the conception or birth of the child, and the spouse of the parent who gave birth to the child is adjudicated not to be the parent of the child, the spouse�s authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child. ����� (2)(a) If parentage of the child has not been adjudicated, an adjudication of nonparentage under this section may be made by any court having adoption, divorce or juvenile court jurisdiction. ����� (b) Except as provided in subsection (11) of this section, the testimony or affidavit of the parent who gave birth to the child, the spouse of the parent who gave birth to the child or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination. ����� (c) The provisions of this section relating to Indian children do not apply if the determination of nonparentage is being made by a court having divorce jurisdiction or jurisdiction to decide custody between unmarried parents. ����� (3) Before the court may make the determination of nonparentage, the petitioner shall: ����� (a) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and ����� (b) Serve on the spouse a summons and a true copy of a motion and order to show cause why a judgment of nonparentage should not be entered if: ����� (A) The spouse is an adjudicated parent of the child; ����� (B) The child resided with the spouse at any time since the child�s birth; ����� (C) The spouse repeatedly has contributed or tried to contribute to the support of the child; or ����� (D) The petitioner has reason to know that the child is an Indian child. ����� (4) When the petitioner is required to serve the spouse with a summons and a motion and order to show cause under subsection (3) of this section: ����� (a) Service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (7) of this section. Service of the summons and the motion and order to show cause must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents. ����� (b) If the petitioner has reason to know that the child is an Indian child, the petitioner shall serve copies of the motion, together with the notice of proceeding required under ORS 419B.639 (3), on: ����� (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; ����� (B) The child�s parents; ����� (C) The child�s Indian custodian, if applicable; and ����� (D) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained. ����� (c) The petitioner shall file a declaration of compliance under penalty of perjury made in the manner described by ORCP 1 E, that includes: ����� (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether the petitioner has reason to know that the child is an Indian child; and ����� (B) If the petitioner has reason to know that the child is an Indian child: ����� (i) A statement describing the efforts the petitioner made, as required under ORS 109.302 (2)(c), to prevent the break up of the family or to reunite the family; and ����� (ii) A copy of each notice of proceeding the petitioner served as required under paragraph (b) of this subsection, together with any return receipts or other proof of service. ����� (5) The inquiry required under subsection (3)(a) of this section and notice required under subsection (4)(a) of this section may be combined with the inquiry and notice required under ORS 109.285 or 109.385 if the motion and order to show cause is filed concurrently with the petition for adoption or readoption under ORS 109.285 or 109.385. ����� (6) A summons under subsection (3) of this section must contain: ����� (a) A statement that if the spouse fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the spouse�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonparentage on the date the answer is required or on a future date. ����� (b) A statement that: ����� (A) The spouse must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the spouse is served with the summons or, if service of the summons is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. ����� (B) In the answer, the spouse must inform the court and the petitioner of the spouse�s telephone number or contact telephone number and the spouse�s current residence, mailing or contact address in the same state as the spouse�s home. The answer may be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________ _________,���� ) Petitioner,������ )���������� NO._____ ����������� ����������� ) ����������� ����������� )���������� ANSWER ����� and ����������� ) ����������� ����������� ) _________,���� ) Respondent.��� ) ����� [ ] I consent to the entry of a judgment of nonparentage. ����� [ ] I do not consent to the entry of a judgment of nonparentage. The court should not enter a judgment of nonparentage for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________ __________________ Signature DATE:_____________________ ADDRESS OR CONTACT ADDRESS: _____________________ _____________________ TELEPHONE OR CONTACT TELEPHONE: _____________________ ______________________________________________________________________________ ����� (c) A notice that, if the spouse answers the motion and order to show cause, the court: ����� (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition; ����� (B) Will order the spouse to appear personally; and ����� (C) May schedule other hearings related to the petition and may order the spouse to appear personally. ����� (d) A notice that the spouse has the right to be represented by an attorney. The notice must be in substantially the following form: ______________________________________________________________________________ ����� You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state�s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information. ______________________________________________________________________________ ����� (e) A statement that the spouse has the responsibility to maintain contact with the spouse�s attorney and to keep the attorney advised of the spouse�s whereabouts. ����� (7) A spouse who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the spouse is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the spouse shall inform the court and the petitioner of the spouse�s telephone number or contact telephone number and current address, as defined in ORS 25.011. The answer may be in substantially the form described in subsection (6) of this section. ����� (8) If the spouse requests the assistance of appointed counsel and the court determines that the spouse is financially eligible, the court shall appoint an attorney to represent the spouse at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216. ����� (9) If the spouse files an answer as required under subsection (7) of this section, the court, by oral order made on the record or by written order provided to the spouse in person or mailed to the spouse at the address provided by the spouse, shall: ����� (a) Inform the spouse of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition; ����� (b) Require the spouse to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and ����� (c) Inform the spouse that, if the spouse fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the spouse�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonparentage on the date specified in the order or on a future date, without the consent of the spouse. ����� (10)(a) Upon receiving the petitioner�s declaration of compliance under subsection (4)(c) of this section, the court shall review the petitioner�s statements and documentation and order that the adoption may proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2). ����� (b) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended declaration of compliance. The court shall order the petitioner to appear and show cause why the court should not deny the motion and order to show cause if the petitioner fails to file the amended declaration of compliance within a reasonable amount of time. ����� (11)(a) If a spouse fails to file a written answer as required in subsection (7) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the spouse and in the spouse�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonparentage. ����� (b) Notwithstanding paragraph (a) of this subsection, the court may not enter a judgment of nonparentage unless the court finds that the petitioner complied with the inquiry requirements under ORS 419B.636 (2). ����� (12) If the child is an Indian child: ����� (a) The court may not enter a judgment of nonparentage with the consent of the spouse unless: ����� (A) The consent clearly sets out the conditions to the consent, if any; ����� (B) Prior to the execution of the consent, the court explains to the spouse, on the record in detail and in the language of the spouse, the spouse�s right to legal counsel, the terms and consequences of the consent and that the spouse may withdraw the consent at any time prior to the entry of a judgment of adoption or readoption under ORS 109.350; ����� (C) The spouse executes the consent in person before the court not less than 10 days following the date of the Indian child�s birth; and ����� (D) After the spouse executes the consent, the court certifies that the court provided the explanation in the manner required under subparagraph (B) of this paragraph and that the spouse fully understood the explanation. ����� (b) Notwithstanding subsection (9) or (11) of this section, the court may not enter a judgment of nonparentage without the consent of the spouse unless: ����� (A) The court has offered to order mediation through the Department of Human Services, or, if there is mutual party agreement to private mediation and to the party assumption of costs, through other mediation services, between the petitioner, spouse, Indian child�s tribe and, if applicable, the proposed adoptive placement; ����� (B) If requested by the tribe, an agreement is in place that requires the petitioner or, if applicable, the proposed adoptive placement to maintain connection between the Indian child and the Indian child�s tribe; and ����� (C) The court finds that: ����� (i) The petitioner complied with the notice requirements as required under ORS 419B.639 (2); ����� (ii) Despite petitioner�s active efforts, evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642, establishes beyond a reasonable doubt that the continued custody of the Indian child by the spouse is likely to result in serious emotional or physical damage to the Indian child and that the petitioner�s active efforts under ORS 419B.645 to reunite the Indian family did not eliminate the necessity for termination of the spouse�s parental rights based on serious emotional or physical damage to the Indian child; and ����� (iii) That the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, if not, a finding upon the petitioner�s motion under ORS 419B.654 (3) that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2). ����� (c) The evidence under paragraph (b)(C)(ii) of this subsection must show a causal relationship between the particular conditions in the Indian child�s home and the likelihood that the spouse�s continued custody will result in serious emotional or physical damage to the Indian child who is the subject of the adoption proceeding. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph. ����� (13) There shall be sufficient proof to enable the court to grant the relief sought without notice to the spouse if: ����� (a) The affidavit of the parent who gave birth to the child, of the spouse of the parent who gave birth to the child or of another person with knowledge of the facts filed in the proceeding states or the court finds from other competent evidence: ����� (A) That the parent who gave birth to the child was not cohabiting with the spouse of the parent who gave birth to the child at the time of conception of the child and that the spouse is not the parent of the child; ����� (B) That the spouse has not been judicially determined to be the parent of the child; ����� (C) That the child has not resided with the spouse; and ����� (D) That the spouse has not contributed or tried to contribute to the support of the child; and ����� (b) The court finds by clear and convincing evidence, after due diligence on the part of the petitioner, that the child is not an Indian child. ����� (14) Notwithstanding ORS 109.070 (1)(a), service of a summons and a motion and order to show cause on the spouse under subsection (3) of this section is not required and the spouse�s consent, authorization or waiver is not required in adoption proceedings concerning the child unless the child is an Indian child or the spouse has met the requirements of subsection (3)(b)(A), (B) or (C) of this section. ����� (15) A spouse who was not cohabiting with the parent who gave birth to the child at the time of the child�s conception has the primary responsibility to protect the spouse�s rights. ����� (16) Nothing in this section may be used to set aside an act of a permanent nature, including but not limited to adoption, unless the parent establishes, within one year or, if the child is an Indian child, four years after the entry of the order or general judgment, as defined in ORS 18.005, fraud on the part of the petitioner with respect to the matters specified in subsection (13)(a) of this section. ����� (17) If the child is an Indian child, the child�s tribe or Indian custodian may intervene at any time as a matter of right. [1957 c.710 �8 (109.312 to 109.329 enacted in lieu of 109.320); 1959 c.609 �1; 1967 c.385 �1; 1969 c.591 �287; 1975 c.640 �16; 1989 c.907 �1; 1995 c.514 �19; 2003 c.576 �148; 2005 c.160 ��16,22; 2005 c.369 �7; 2007 c.454 �6; 2017 c.651 �33; 2021 c.398 �26; 2025 c.592 �17] ����� Note: The amendments to 109.326 by section 18, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience. ����� 109.326. (1) If a parent who gave birth to a child was married at the time of the conception or birth of the child, and the spouse of the parent who gave birth to the child signs an effective denial of parentage or is adjudicated not to be the parent of the child, the spouse�s authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child. ����� (2)(a) If parentage of the child has not been adjudicated, an adjudication of nonparentage under this section may be made by any court having adoption, divorce or juvenile court jurisdiction. ����� (b) Except as provided in subsection (11) of this section, the testimony or affidavit of the parent who gave birth to the child, the spouse of the parent who gave birth to the child or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination. ����� (c) The provisions of this section relating to Indian children do not apply if the determination of nonparentage is being made by a court having divorce jurisdiction or jurisdiction to decide custody between unmarried parents. ����� (3) Before the court may make the determination of nonparentage, the petitioner shall: ����� (a) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and ����� (b) Serve on the spouse a summons and a true copy of a motion and order to show cause why a judgment of nonparentage should not be entered if: ����� (A) The spouse is an adjudicated parent of the child; ����� (B) The child resided with the spouse at any time since the child�s birth; ����� (C) The spouse repeatedly has contributed or tried to contribute to the support of the child; or ����� (D) The petitioner has reason to know that the child is an Indian child. ����� (4) When the petitioner is required to serve the spouse with a summons and a motion and order to show cause under subsection (3) of this section: ����� (a) Service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (7) of this section. Service of the summons and the motion and order to show cause must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents. ����� (b) If the petitioner has reason to know that the child is an Indian child, the petitioner shall serve copies of the motion, together with the notice of proceeding required under ORS 419B.639 (3), on: ����� (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; ����� (B) The child�s parents; ����� (C) The child�s Indian custodian, if applicable; and ����� (D) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained. ����� (c) The petitioner shall file a declaration of compliance under penalty of perjury made in the manner described by ORCP 1 E, that includes: ����� (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether the petitioner has reason to know that the child is an Indian child; and ����� (B) If the petitioner has reason to know that the child is an Indian child: ����� (i) A statement describing the efforts the petitioner made, as required under ORS 109.302 (2)(c), to prevent the break up of the family or to reunite the family; and ����� (ii) A copy of each notice of proceeding the petitioner served as required under paragraph (b) of this subsection, together with any return receipts or other proof of service. ����� (5) The inquiry required under subsection (3)(a) of this section and notice required under subsection (4)(a) of this section may be combined with the inquiry and notice required under ORS 109.285 or 109.385 if the motion and order to show cause is filed concurrently with the petition for adoption or readoption under ORS 109.285 or 109.385. ����� (6) A summons under subsection (3) of this section must contain: ����� (a) A statement that if the spouse fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the spouse�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonparentage on the date the answer is required or on a future date. ����� (b) A statement that: ����� (A) The spouse must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the spouse is served with the summons or, if service of the summons is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. ����� (B) In the answer, the spouse must inform the court and the petitioner of the spouse�s telephone number or contact telephone number and the spouse�s current residence, mailing or contact address in the same state as the spouse�s home. The answer may be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________ _________,���� ) Petitioner,������ ) ���������� NO._____ ����������� ����������� ) ����������� ����������� )���������� ANSWER ����� and ����������� ) ����������� ����������� ) _________,���� ) Respondent.��� ) ����� [ ] I consent to the entry of a judgment of nonparentage. ����� [ ] I do not consent to the entry of a judgment of nonparentage. The court should not enter a judgment of nonparentage for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________ __________________ Signature DATE:_____________________ ADDRESS OR CONTACT ADDRESS: _____________________ _____________________ TELEPHONE OR CONTACT TELEPHONE: _____________________ ______________________________________________________________________________ ����� (c) A notice that, if the spouse answers the motion and order to show cause, the court: ����� (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition; ����� (B) Will order the spouse to appear personally; and ����� (C) May schedule other hearings related to the petition and may order the spouse to appear personally. ����� (d) A notice that the spouse has the right to be represented by an attorney. The notice must be in substantially the following form: ______________________________________________________________________________ ����� You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state�s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information. ______________________________________________________________________________ ����� (e) A statement that the spouse has the responsibility to maintain contact with the spouse�s attorney and to keep the attorney advised of the spouse�s whereabouts. ����� (7) A spouse who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the spouse is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the spouse shall inform the court and the petitioner of the spouse�s telephone number or contact telephone number and current address, as defined in ORS 25.011. The answer may be in substantially the form described in subsection (6) of this section. ����� (8) If the spouse requests the assistance of appointed counsel and the court determines that the spouse is financially eligible, the court shall appoint an attorney to represent the spouse at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216. ����� (9) If the spouse files an answer as required under subsection (7) of this section, the court, by oral order made on the record or by written order provided to the spouse in person or mailed to the spouse at the address provided by the spouse, shall: ����� (a) Inform the spouse of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition; ����� (b) Require the spouse to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and ����� (c) Inform the spouse that, if the spouse fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the spouse�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonparentage on the date specified in the order or on a future date, without the consent of the spouse. ����� (10)(a) Upon receiving the petitioner�s declaration of compliance under subsection (4)(c) of this section, the court shall review the petitioner�s statements and documentation and order that the adoption may proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2). ����� (b) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended declaration of compliance. The court shall order the petitioner to appear and show cause why the court should not deny the motion and order to show cause if the petitioner fails to file the amended declaration of compliance within a reasonable amount of time. ����� (11)(a) If a spouse fails to file a written answer as required in subsection (7) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the spouse and in the spouse�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of nonparentage. ����� (b) Notwithstanding paragraph (a) of this subsection, the court may not enter a judgment of nonparentage unless the court finds that the petitioner complied with the inquiry requirements under ORS 419B.636 (2). ����� (12) If the child is an Indian child: ����� (a) The court may not enter a judgment of nonparentage with the consent of the spouse unless: ����� (A) The consent clearly sets out the conditions to the consent, if any; ����� (B) Prior to the execution of the consent, the court explains to the spouse, on the record in detail and in the language of the spouse, the spouse�s right to legal counsel, the terms and consequences of the consent and that the spouse may withdraw the consent at any time prior to the entry of a judgment of adoption or readoption under ORS 109.350; ����� (C) The spouse executes the consent in person before the court not less than 10 days following the date of the Indian child�s birth; and ����� (D) After the spouse executes the consent, the court certifies that the court provided the explanation in the manner required under subparagraph (B) of this paragraph and that the spouse fully understood the explanation. ����� (b) Notwithstanding subsection (9) or (11) of this section, the court may not enter a judgment of nonparentage without the consent of the spouse unless: ����� (A) The court has offered to order mediation through the Department of Human Services, or, if there is mutual party agreement to private mediation and to the party assumption of costs, through other mediation services, between the petitioner, spouse, Indian child�s tribe and, if applicable, the proposed adoptive placement; ����� (B) If requested by the tribe, an agreement is in place that requires the petitioner or, if applicable, the proposed adoptive placement to maintain connection between the Indian child and the Indian child�s tribe; and ����� (C) The court finds that: ����� (i) The petitioner complied with the notice requirements as required under ORS 419B.639 (2); ����� (ii) Despite petitioner�s active efforts, evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642, establishes beyond a reasonable doubt that the continued custody of the Indian child by the spouse is likely to result in serious emotional or physical damage to the Indian child and that the petitioner�s active efforts under ORS 419B.645 to reunite the Indian family did not eliminate the necessity for termination of the spouse�s parental rights based on serious emotional or physical damage to the Indian child; and ����� (iii) That the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, if not, a finding upon the petitioner�s motion under ORS 419B.654 (3) that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2). ����� (c) The evidence under paragraph (b)(C)(ii) of this subsection must show a causal relationship between the particular conditions in the Indian child�s home and the likelihood that the spouse�s continued custody will result in serious emotional or physical damage to the Indian child who is the subject of the adoption proceeding. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph. ����� (13) There shall be sufficient proof to enable the court to grant the relief sought without notice to the spouse if: ����� (a) The affidavit of the parent who gave birth to the child, of the spouse of the parent who gave birth to the child or of another person with knowledge of the facts filed in the proceeding states or the court finds from other competent evidence: ����� (A) That the parent who gave birth to the child was not cohabiting with the spouse of the parent who gave birth to the child at the time of conception of the child and that the spouse is not the parent of the child; ����� (B) That the spouse has not been judicially determined to be the parent of the child or the spouse has signed an effective denial of parentage; ����� (C) That the child has not resided with the spouse; and ����� (D) That the spouse has not contributed or tried to contribute to the support of the child; and ����� (b) The court finds by clear and convincing evidence, after due diligence on the part of the petitioner, that the child is not an Indian child. ����� (14) Notwithstanding ORS 109.070 (1)(a), service of a summons and a motion and order to show cause on the spouse under subsection (3) of this section is not required and the spouse�s consent, authorization or waiver is not required in adoption proceedings concerning the child unless the child is an Indian child or the spouse has met the requirements of subsection (3)(b)(A), (B) or (C) of this section. ����� (15) A spouse who was not cohabiting with the parent who gave birth to the child at the time of the child�s conception has the primary responsibility to protect the spouse�s rights. ����� (16) Nothing in this section may be used to set aside an act of a permanent nature, including but not limited to adoption, unless the parent establishes, within one year or, if the child is an Indian child, four years after the entry of the order or general judgment, as defined in ORS 18.005, fraud on the part of the petitioner with respect to the matters specified in subsection (13)(a) of this section. ����� (17) If the child is an Indian child, the child�s tribe or Indian custodian may intervene at any time as a matter of right. ����� 109.327 Consent by organization located outside Oregon. (1) An agency or other organization, public or private, located entirely outside of this state, or an authorized officer or executive thereof, acting in loco parentis, may consent to the adoption of a child under the custody, control or guardianship of such agency or organization or officer or executive thereof, if such agency or organization or officer or executive thereof is licensed or otherwise has authority in the jurisdiction in which such agency or other organization is located to consent to adoptions in loco parentis. When consent is given under this section, no other consent is required. The license or other authority to consent to adoption in loco parentis shall be conclusively presumed upon the filing with the court of a duly certified statement from an appropriate governmental agency of such other state that such agency or organization or officer or executive is licensed or otherwise has authority in such state to consent to adoptions in loco parentis. ����� (2) When consent is given under this section, there shall be filed in the adoption proceeding: ����� (a) A certified copy of the court order, or the written authorization from the parent, parents or other person, or both a court order and such written authorization, as the case may be, that enables consent to be given in loco parentis under the law of such other jurisdiction; and ����� (b) Written formal consent by the agency or other organization, or the officer or executive thereof, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. [Formerly 109.318] ����� 109.328 Consent of child 14 years of age or older. If the child is 14 years of age or older, the adoption shall not be made without the consent of the child. The consent required by this section is in addition to, and not in lieu of, the consent otherwise required by law. [1957 c.710 �9 (109.312 to 109.329 enacted in lieu of 109.320)] ����� 109.329 Adoption of person 18 years of age or older or legally married. (1) Subject to subsection (2) of this section, any person may petition the circuit court for leave to adopt a person who is 18 years of age or older or who is legally married. The petition shall be accompanied by the written consent of each petitioner and the written consent of the person to be adopted. The written consents shall be filed with the petition. ����� (2) In addition to the written consents required under subsection (1) of this section, an adoption of a person who is 18 years of age or older or who is legally married is governed by the following: ����� (a) One petitioner or the person to be adopted must have resided in this state continuously for a period of six months prior to the filing of the petition; and ����� (b) The petition must be filed in the county in which one petitioner or the person to be adopted resides. ����� (3) The court may grant the petition if the court finds, from the allegations set forth in the petition, that each petitioner: ����� (a) Understands the significance and ramifications of the adoption; and ����� (b) Is not acting under duress, coercion or undue influence. ����� (4) In a proceeding under this section, the court may: ����� (a) Appoint counsel for each petitioner or for the person to be adopted or both or appoint a visitor, as provided in ORS 125.150. If the court appoints counsel or a visitor or both under this paragraph, the court shall apportion the costs among each petitioner and the person being adopted. ����� (b) Hold a hearing. ����� (c) On the court�s own motion, take testimony from or hold a conference with each petitioner and the person to be adopted. The court may hold a conference with one party and exclude the other party from the conference. In such a case, the court shall allow the attorney for the excluded party to attend the conference. ����� (d) Require that notice of the proceeding be provided by each petitioner to any or all of the following: ����� (A) The spouse of each petitioner. ����� (B) A person cohabiting with a petitioner who is interested in the affairs and welfare of the petitioner. ����� (C) The adult children of each petitioner. ����� (5) If, upon a petition for adoption presented and consented to in writing by each petitioner and the person to be adopted, the court is satisfied as to the identity and relations of each petitioner and the person to be adopted, that each petitioner understands the significance and ramifications of the adoption, that each petitioner is not acting under duress, coercion or undue influence and that it is fit and proper that the adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the person to be adopted, for all legal intents and purposes, is the child of the petitioner or petitioners. ����� (6) The provisions of ORS 109.274, 109.276, 109.285, 109.287, 109.289, 109.342 and 109.353 do not apply to an adoption under this section. [1957 c.710 �10 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.827 �13; 2003 c.579 �2; 2013 c.346 �11; 2015 c.511 �4] ����� 109.330 Notice when parent does not consent; notice when child has no living parent and no guardian or next of kin qualified to appear. (1)(a) In the cases provided for in ORS 109.302, 109.322, 109.323 and 109.324, when a parent does not consent to the adoption of the child, the petitioner shall: ����� (A) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and ����� (B) Serve the parent with a summons and a true copy of a motion and order to show cause why the proposed adoption should not be ordered without the parent�s consent. ����� (b) Except as provided in subsection (3) of this section, service of the summons and the motion and order to show cause must be made in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents. ����� (c) If the petitioner has reason to know that the child is an Indian child, in addition to the service required under paragraph (b) of this subsection, the petitioner shall serve by registered or certified mail, return receipt requested, copies of the motion and order to show cause, together with the notice of proceeding in the form required under ORS 419B.639 (3)(c), on: ����� (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; ����� (B) The child�s parents; ����� (C) The child�s Indian custodian, if applicable; and ����� (D) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained. ����� (d) The petitioner shall file a declaration of compliance under penalty of perjury, made in the manner described by ORCP 1 E, that includes: ����� (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether there is reason to know that the child is an Indian child; and ����� (B) If the petitioner has reason to know that the child is an Indian child: ����� (i) A statement describing the efforts the petitioner made, as required under ORS 109.302 (2)(c), to prevent the break up of the family or to reunite the family; and ����� (ii) A copy of each notice of proceeding the petitioner served as required under paragraph (c) of this subsection, together with any return receipts or other proof of service. ����� (2) A summons under this section must contain: ����� (a) A statement that an adoption petition has been filed and that, if the parent fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the parent�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child if the court determines, on the date the answer is required or on a future date, that: ����� (A) Consent of the parent is not required; ����� (B) The adoption is in the best interests of the child; and ����� (C) If the child is an Indian child, the nonconsenting parent�s continued custody of the Indian child is likely to result in serious emotional or physical damage to the child. ����� (b) A statement that: ����� (A) The parent must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. ����� (B) In the answer, the parent must inform the court and the petitioner of the parent�s telephone number or contact telephone number and the parent�s current residence, mailing or contact address in the same state as the parent�s home. The answer may be in substantially the following form: ______________________________________________________________________________ IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF _________ _________,���� ) Petitioner,������ )���������� NO._____ ����������� ����������� ) ����� ����������������� )���������� ANSWER ����� and ����������� ) ����������� ����������� ) _________,���� ) Respondent.��� ) ����� [ ] I consent to the proposed adoption. ����� [ ] I do not consent to the proposed adoption. The court should not order the proposed adoption without my consent for the following reasons: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________ __________________ Signature DATE:__________________ ADDRESS OR CONTACT ADDRESS: _____________________ _____________________ TELEPHONE OR CONTACT TELEPHONE: _____________________ ______________________________________________________________________________ ����� (c) A notice that, if the parent answers the motion and order to show cause, the court: ����� (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition; ����� (B) Will order the parent to appear personally; and ����� (C) May schedule other hearings related to the petition and may order the parent to appear personally. ����� (d) A notice that the parent has the right to be represented by an attorney. The notice must be in substantially the following form: ______________________________________________________________________________ ����� You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state�s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information. ______________________________________________________________________________ ����� (e) A statement that the parent has the responsibility to maintain contact with the parent�s attorney and to keep the attorney advised of the parent�s whereabouts. ����� (3) A parent who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the parent shall inform the court and the petitioner of the parent�s telephone number or contact telephone number and current address, as defined in ORS 25.011. The answer may be in substantially the form described in subsection (2) of this section. ����� (4) If the parent requests the assistance of appointed counsel and the court determines that the parent is financially eligible, the court shall appoint an attorney to represent the parent at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216. ����� (5)(a) Upon receiving the petitioner�s declaration of compliance under subsection (1)(d) of this section, the court shall order that the motion and order to show cause may proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2). ����� (b) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended declaration of compliance. The court shall order the petitioner to appear and show cause why the court should not deny the motion and order to show cause if the petitioner fails to file the amended declaration of compliance within a reasonable amount of time. ����� (c) If the court finds, subject to the procedures under ORS 419B.636 (4), that there is reason to know the child is an Indian child, the court shall offer to order mediation through the Department of Human Services, or if there is mutual party agreement to private mediation and to the party assumption of costs, through other mediation services, between the Indian child�s parents, the Indian child�s tribe and the proposed adoptive placement. ����� (6)(a) If the parent files an answer as required under subsection (3) of this section, the court, by oral order made on the record or by written order provided to the parent in person or mailed to the parent at the address provided by the parent, shall: ����� (A) Inform the parent of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition; ����� (B) Require the parent to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and ����� (C) Inform the parent that, if the parent fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the parent�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child on the date specified in the order or on a future date, without the consent of the parent. ����� (b) If the parent�s answer indicates the parent�s consent to the adoption, the court may not accept the consent unless the consent meets the requirements under ORS 109.301 or, if the child is an Indian child, ORS 109.302. ����� (7) If a parent fails to file a written answer as required in subsection (3) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the parent and in the parent�s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child without the consent of the parent if the court finds: ����� (a) On the date the answer is required or on a future date, the action to be in the child�s best interests; and ����� (b) That the petitioner complied with the inquiry requirements under ORS 419B.636 (2) to determine whether there is reason to know that the child is an Indian child. ����� (8)(a) Notwithstanding subsection (7) of this section or ORS 109.322, 109.323 or 109.324, the court may not enter a judgment of adoption of an Indian child without the consent of the parent unless: ����� (A) The court has offered the parties the opportunity to participate in mediation as required under subsection (5)(c) of this section; ����� (B) If requested by the tribe, an agreement is in place that requires the proposed adoptive placement to maintain connection between the Indian child and the Indian child�s tribe; ����� (C) The court determines that the petitioner complied with the notice requirements under ORS 419B.639 (2); ����� (D) The court determines that evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642, establishes beyond a reasonable doubt that the continued custody of the Indian child by the nonconsenting parent is likely to result in serious emotional or physical damage to the child and that the petitioner�s active efforts under ORS 419B.645 to reunite the Indian family did not eliminate the necessity for termination of the nonconsenting parent�s parental rights based on serious emotional or physical damage to the Indian child; and ����� (E) The court finds that the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, if not, the court finds, upon the petitioner�s motion under ORS 419B.654 (3), that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2). ����� (b) The evidence under paragraph (a)(E) of this subsection must show a causal relationship between the particular conditions in the Indian child�s home and the likelihood that the nonconsenting parent�s continued custody of the Indian child will result in serious emotional or physical damage to the Indian child who is the subject of the adoption proceeding. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph. ����� (9) If the child has no living parent and no guardian or next of kin in this state qualified to appear in behalf of the child, the court may order such notice, if any, to be given as the court deems necessary or proper. ����� (10) If the child is an Indian child, the child�s tribe or Indian custodian may intervene at any time as a matter of right. [Amended by 1957 c.710 �11; 1967 c.385 �2; 1969 c.591 �288; 1975 c.640 �17; 1979 c.284 �101; 2005 c.369 �1; 2021 c.398 �25] ����� 109.331 Consenting agency disclosure of county and case number of adoption proceeding. The Department of Human Services or an approved child-caring agency of this state that has consented to the adoption of a child under ORS 109.325 shall, upon request and if available, disclose the county in which the adoption was finalized and the case number of the adoption proceeding to: ����� (1) An adult adoptee; ����� (2) A birth parent who has consented to the adoption and signed a release and surrender or whose parental rights have been terminated; or ����� (3) A parent or guardian of a minor child who was the subject of an adoption proceeding. [2015 c.511 �6] ����� 109.332 Grandparent visitation in stepparent adoption. (1) When a petition has been filed under ORS 109.276 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.285 may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition. ����� (2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that: ����� (a) Establishing visitation rights is in the best interests of the child; ����� (b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and ����� (c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family. ����� (3) As used in this section, �grandparent� includes a grandparent who has established custody, visitation or other rights under ORS 109.119. [1993 c.689 �2; 1993 c.717 �10; 1995 c.90 �4; 2001 c.873 �7; 2003 c.258 �3; 2005 c.22 �88; 2013 c.346 �12] ����� Note: 109.332 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.335 Appointment of guardian pending further adoption proceedings. Notwithstanding the provisions of ORS chapter 125 that relate to the appointment of a guardian, when a petition is filed pursuant to ORS 109.276 for leave to adopt a minor child and the required consent thereto has been filed, the court before which the petition is pending may on its own motion enter an order appointing the petitioner or some other suitable person guardian of the minor child pending further order of the court or entry of a judgment under ORS 109.350. [1965 c.187 �1; 1967 c.231 �1; 1973 c.823 �108; 1995 c.664 �83; 2003 c.576 �149] ����� 109.340 [Repealed by 1957 c.412 �2 (7.211 enacted in lieu of 109.340)] ����� 109.342 Medical history of child and genetic parents required; content; form. (1) Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the genetic parents as complete as possible under the circumstances. ����� (2) When possible, the medical history shall include, but need not be limited to: ����� (a) A medical history of the adoptee from birth up to the time of adoption, including disease, disability, congenital or birth defects, and records of medical examinations of the child, if any; ����� (b) Physical characteristics of the genetic parents, including age at the time of the adoptee�s birth, height, weight, and color of eyes, hair and skin; ����� (c) A gynecologic and obstetric history of the parent who gave birth to the child; ����� (d) A record of potentially inheritable genetic or physical traits or tendencies of the genetic parents or their families; and ����� (e) Any other useful or unusual genetic information that the genetic parents are willing to provide. ����� (3) The names of the genetic parents may not be included in the medical history. ����� (4) Subsection (1) of this section does not apply when a person is adopted by a stepparent. ����� (5) The Department of Human Services shall prescribe a form for the compilation of the medical history. [1979 c.493 �2; 2003 c.576 �150; 2015 c.511 �11; 2025 c.592 �126] ����� 109.345 [1961 c.99 �1; 1969 c.198 �56; repealed by 1993 c.717 �11] ����� 109.346 Adoption-related counseling for birth parent. (1) Except as provided in subsection (5) of this section, a birth parent consenting to an adoption shall receive notice of the birth parent�s right to payment for three adoption-related counseling sessions prior to surrender or relinquishment of the child for adoption and three sessions of adoption-related counseling after surrender or relinquishment of the child for adoption. ����� (2) Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent by either the attorney for the birth parent, the agency representative taking the birth parent�s consent or the attorney for the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written notice shall submit verification to the court that the notice was given to the consenting birth parent. ����� (3) The prospective adoptive parent shall pay all uninsured costs of the adoption-related counseling required by this section, provided the counseling is received within one year of the date of surrender or relinquishment of the child for adoption. ����� (4) Adoption-related counseling under this section, unless otherwise agreed to by the prospective adoptive parent and the consenting birth parent, shall be provided by: ����� (a) A regulated social worker as defined in ORS 675.510 who is employed by an Oregon licensed adoption agency other than the regulated social worker assigned to the prospective adoptive parent; ����� (b) A regulated social worker, counselor or therapist who is working under the supervision of a clinical social worker licensed under ORS 675.530 or a licensed professional counselor and who is knowledgeable about birth parent, adoption and grief and loss issues; or ����� (c) A clinical social worker licensed under 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 do not apply to: ����� (a) An adoption in which a birth parent relinquishes parental rights to the Department of Human Services; ����� (b) An adoption in which one parent retains parental rights; ����� (c) An adoption in which the child is born in a foreign country and adopted under the laws of that country or readopted in Oregon; ����� (d) An adoption in which the child is born in a foreign country and subsequently adopted in Oregon and in which the identity or whereabouts of the child�s birth parents are unknown; or ����� (e) An adoption of an adult. ����� (6) Failure to provide the notice required by this section or failure to pay the uninsured costs of adoption-related counseling required by this section is not grounds for setting aside an adoption judgment or for revocation of a written consent to an adoption or a certificate of irrevocability. [2001 c.586 �2; 2003 c.576 �151; 2009 c.442 �29] ����� Note: 109.346 and 109.347 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.347 Civil action for failure to pay for counseling; attorney fees. A birth parent aggrieved by the failure of a prospective adoptive parent or adoptive parent to pay the uninsured costs of adoption-related counseling required by ORS 109.346 may file a civil action in circuit court for payment or reimbursement of the uninsured costs of adoption-related counseling. The court shall award reasonable attorney fees and costs of the action to a prevailing birth parent. [2001 c.586 �3] ����� Note: See note under 109.346. ����� 109.350 Judgment of adoption or readoption. (1) If, upon a petition for adoption or readoption duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption or readoption be effected, a judgment shall be made setting forth the facts, and ordering that from the date of the judgment the child, to all legal intents and purposes, is the child of the petitioner. ����� (2)(a) A judgment entered under this section must include: ����� (A) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2) to determine whether there is reason to know that the child is an Indian child; and ����� (B) A finding that the child is or is not an Indian child. ����� (b) In an adoption or readoption of an Indian child, the judgment must include: ����� (A) The birth name and birthdate of the Indian child, the Indian child�s tribal affiliation and the name of the Indian child after adoption; ����� (B) The names and addresses of the biological parents; ����� (C) The names and addresses of the adoptive parents; ����� (D) The name and contact information for any agency having files or information relating to the adoption; ����� (E) Any information relating to tribal membership or eligibility for tribal membership of the Indian child; ����� (F) The determination regarding the Indian child�s residence, domicile and tribal wardship status as required under ORS 419B.621; ����� (G) A finding that the petitioner complied with the notice requirements under ORS 419B.639; ����� (H) If an agency consented to the adoption in loco parentis and the Indian child�s tribe has entered into an agreement described in ORS 419B.529 (1)(c)(B), the terms of the agreement; and ����� (I)(i) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654; or ����� (ii) If the placement does not comply with the placement preferences under ORS 419B.654 (2), a finding upon the petitioner�s motion under ORS 419B.654 (3) that good cause exists for placement contrary to the placement preferences. ����� (c) For each of the findings or determinations under this subsection, the court must provide a description of the facts upon which the finding or determination is based. ����� (d) Upon entry of the judgment of adoption of an Indian child, the state court shall provide to the United States Secretary of the Interior copies of the judgment entered under this section and any document signed by a consenting parent requesting anonymity. [Amended by 1959 c.430 �4; 1983 c.302 �3; 2003 c.576 �152; 2015 c.511 �12; 2021 c.398 �36] ����� 109.353 Notice of voluntary adoption registry required before judgment entered; waiver. Before a judgment of adoption is entered, the agency or organization facilitating the adoption, or the attorney for the adoptive parents in an independent adoption, shall submit verification to the court that the parents of the child and the petitioners have been advised of the voluntary adoption registry established under ORS 109.450 and have been given information on how to access those services. The court may waive this requirement upon a finding of good cause. [1995 c.730 �5; 1999 c.160 �1; 2003 c.576 �153] ����� Note: 109.353 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.360 Change of adopted child�s name. If in a petition for the adoption of a child a change of the child�s name is requested, the court, upon entering a judgment granting the adoption, may also provide in the judgment for the change of the name without the notice required by ORS 33.420. [Amended by 1997 c.872 �24; 2003 c.576 �154; 2017 c.100 �5] ����� 109.370 [Amended by 1957 c.403 �7; 1961 c.98 �1; 1969 c.591 �289; repealed by 1993 c.717 �11] ����� 109.380 [Repealed by 1959 c.609 �5] ����� 109.381 Effect of judgment of adoption. (1) A judgment of a court of this state granting an adoption, and the proceedings in such adoption matter, shall in all respects be entitled to the same presumptions and be as conclusive as if rendered by a court of record acting in all respects as a court of general jurisdiction and not by a court of special or inferior jurisdiction, and jurisdiction over the persons and the cause shall be presumed to exist. ����� (2) Except for such right of appeal as may be provided by law, judgments of adoption shall be binding and conclusive upon all parties to the proceeding. No party nor anyone claiming by, through or under a party to an adoption proceeding, may for any reason, either by collateral or direct proceedings, question the validity of a judgment of adoption entered by a court of competent jurisdiction of this or any other state. ����� (3) After the expiration of one year from the entry of a judgment of adoption in this state the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the child�s natural parents and all other persons who might claim to have any right to, or over the child, have abandoned the child and consented to the entry of such judgment of adoption, and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered, all irrespective of jurisdictional or other defects in the adoption proceeding. After the expiration of the one-year period no one may question the validity of the adoption for any reason, either through collateral or direct proceedings, and all persons shall be bound thereby. However, the provisions of this subsection shall not affect the right of appeal from a judgment of adoption as may be provided by law. [Subsections (1), (2) and (3) enacted as 1959 c.609 ��2,3,4; subsection (4) derived from 1959 c.609 �6; 2003 c.576 �155; 2005 c.22 �89] ����� 109.382 Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress. (1) A petition to vacate a judgment of adoption of an Indian child under ORS 109.350 or 419B.529 may be filed in a state or local court of competent jurisdiction by a parent who consented to the adoption. ����� (2) Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to each party to the adoption proceeding and to the Indian child�s tribe. ����� (3) After a hearing on the petition, the court shall vacate the judgment of adoption if: ����� (a) The petition is filed no later than four years following the date of the judgment; and ����� (b) The court finds that the parent�s consent was obtained through fraud or duress. ����� (4) When the court vacates a judgment of adoption under this section, the court shall also order that the parental rights of the parent whose consent the court found was obtained through fraud or duress be restored. The order restoring parental rights under this section must include a transition plan for the physical custody of the child. [2021 c.398 �33] ����� Note: 109.382 and 109.383 were added to and made a part of 109.266 to 109.410 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation. ����� 109.383 Notice of vacated judgment of adoption of Indian child or termination of adoptive parent�s parental rights to Indian child; waiver of notice; motion to return custody and for restoration of parental rights. (1) As used in this section: ����� (a) �Former parent� means a person who was previously the legal parent of an Indian child subject to a judgment of adoption under ORS 109.350 or 419B.529 and whose parental rights have not been restored under ORS 109.382 to 419B.652. ����� (b) �Prior Indian custodian� means a person who was an Indian child�s Indian custodian before entry of a judgment of adoption of the child under ORS 109.350 or 419B.529. ����� (2) If a judgment of adoption of an Indian child under ORS 109.350 or 419B.529 is vacated, or the adoptive parent has voluntarily consented to the termination of parental rights, the court vacating the judgment or terminating the parental rights must notify, by registered or certified mail with return receipt requested, the Indian child�s former parents, prior Indian custodian, if any, and Indian tribe. ����� (3) The notice required under subsection (2) of this section must: ����� (a) Include the Indian child�s current name and any former names as reflected in the court record; ����� (b) Inform the recipient of the right to move the court for the return of custody of and restoration of parental rights to the Indian child under this section; ����� (c) Provide sufficient information to allow the recipient to participate in any scheduled hearings; and ����� (d) Be sent to the last known address in the court record. ����� (4)(a) An Indian child�s former parent or prior Indian custodian may waive notice under this section by executing waiver of notice in person before the court and filing the waiver with the court. The waiver must clearly set out the conditions to the waiver, if any. ����� (b) Prior to the execution of a waiver under this subsection, the court must explain to the former parent or prior Indian custodian, on the record in detail and in the language of the former parent or prior Indian custodian: ����� (A) The former parent�s right to legal counsel, if applicable; ����� (B) The terms and consequences of the waiver; and ����� (C) How the waiver may be revoked. ����� (c) After execution of the waiver, the court shall certify that it provided the explanation as required under paragraph (b) of this subsection and that the former parent or prior Indian custodian fully understood the explanation. ����� (5) At any time prior to the entry of a judgment of adoption or readoption of the Indian child, the former parent or prior Indian custodian may revoke a waiver executed by the former parent or prior Indian custodian by filing a written revocation with the court or by making a statement of revocation on the record in a proceeding for the adoption of the Indian child. ����� (6)(a) If a judgment of adoption or readoption of an Indian child under ORS 109.350 or 419B.529 is vacated other than as provided in ORS 109.382 or 419B.651 or the adoptive parent of the Indian child has voluntarily consented to the termination of parental rights, an Indian child�s former parent or prior Indian custodian may intervene in the proceeding and move the court for the Indian child to be returned to the custody of the former parent or prior Indian custodian and for the parental rights to the Indian child to be restored. ����� (b)(A) The moving party shall provide by registered or certified mail, return receipt requested, notice of the motion for the Indian child to be returned to the custody of the former parent or prior Indian custodian and the time set for filing objections to the motion, together with notice of proceeding in the form required under ORS 419B.639 (3), to: ����� (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; ����� (ii) The child�s parents; ����� (iii) The child�s Indian custodian, if applicable; and ����� (iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identify or location of the child�s parents cannot be ascertained. ����� (B) The petitioner shall file a declaration of compliance, including a copy of each notice sent under this subsection, together with any return receipts or other proof of service. ����� (c) Upon the filing of an objection to the motion, the court shall fix the time for hearing on objections. ����� (d) The court shall order the Indian child returned to the custody of the former parent or prior Indian custodian or restore the parental rights to the Indian child unless the court finds, by clear and convincing evidence, that the return of custody or restoration of parental rights is not in the child�s best interests, as described in ORS 419B.612. The court�s order must include a transition plan for the physical custody of the child, which may include protective supervision under ORS 419B.331. [2021 c.398 �32] ����� Note: See note under 109.382. ����� 109.385 Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees. (1) As used in this section, �readoption� means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state. ����� (2) An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation where the adoption occurred, unless the adoption violates fundamental principles of human rights or the public policy of the state or of the federal government. ����� (3) A copy of a decree, order, judgment, certificate or other document of adoption by adoptive parents, at least one of whom is a citizen of the United States, issued by a court or pursuant to an administrative proceeding of competent jurisdiction in the foreign nation is prima facie evidence in any court or administrative proceeding in this state that the adoption was legal and valid. ����� (4) Notwithstanding subsection (2) of this section, an adoptive parent who has adopted a person in a foreign nation may petition the court for readoption for the purpose of obtaining a judgment of adoption from the circuit court of the county in which the petitioner resides. ����� (5) Except as otherwise provided in this section, ORS 109.285 does not apply to a petition for readoption under this section. ����� (6) A petition for readoption must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following: ����� (a) The full name of the petitioner; ����� (b) The current marital or domestic partnership status of the petitioner; ����� (c) If the readoption is of a minor child, information sufficient for the court to establish that the petitioner has complied with the jurisdictional requirements of ORS 109.276 (4); ����� (d) The gender and full birth name, adopted name and any other alias of the person sought to be readopted; ����� (e) A statement of the place and date of the person�s birth in the foreign nation; ����� (f) A statement that the foreign adoption is legal and valid under the laws of the nation in which the adoption occurred and the date of the adoption; ����� (g) A statement that the person�s entry into the United States has complied with applicable federal immigration laws; ����� (h) If the readoption is of a minor child, a statement that a home study was completed and approved prior to the foreign nation adoption of the minor child; ����� (i) If the readoption is of a minor child, whether a continuing contact agreement exists under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred, including the names of the parties to the agreement and the date of execution; ����� (j) A statement of the desired new adoptive name for the person to be readopted; ����� (k) If applicable, a statement that the birthdate listed on the person�s foreign nation birth documents is believed to be inaccurate and a description of the evidence that supports the petitioner�s belief; ����� (L) A statement requesting the clerk of the court, upon payment of any required fees, to issue to the petitioner a certificate of adoption under ORS 109.410 and a certified copy of the general judgment of adoption; and ����� (m)(A) A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) the petitioner made to determine whether there is reason to know that the child is an Indian child; ����� (B) A statement that the petitioner has reason to know that the child is an Indian child or the petitioner does not have reason to know that the child is an Indian child; and ����� (C) If the petitioner has reason to know that the child is an Indian child: ����� (i) A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (2); or ����� (ii) A statement that the petitioner is moving the court under ORS 419B.654 (3) for a finding that good cause exists for placement contrary to the placement preferences and a statement describing the details supporting the petitioner�s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (4). ����� (7)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition and the documents filed as exhibits under subsection (9) of this section and, if applicable, a copy of the declaration of compliance described in paragraph (b) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service. ����� (b) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall: ����� (A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (3), to: ����� (i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; ����� (ii) The child�s parents; ����� (iii) The child�s Indian custodian, if applicable; and ����� (iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child�s parents, Indian custodian or tribe cannot be ascertained. ����� (B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service. ����� (8) A petition filed under this section must, if applicable, request the following: ����� (a) Entry of a general judgment of adoption; ����� (b) That the petitioner be permitted to readopt the person as the child of the petitioner for all legal intents and purposes; ����� (c) A finding that the court has jurisdiction over the adoption proceeding, the parties and the person sought to be readopted; ����� (d) Approval of a change to the name of the person to be readopted; ����� (e) If applicable, a finding that a continuing contact agreement entered into under ORS 109.268, or a similar law applicable to the nation where the foreign nation adoption occurred, is in the best interests of the minor child and that the court incorporate the continuing contact agreement by reference into the adoption judgment; ����� (f) If applicable, a finding that the evidence of the person�s birthdate listed on the foreign nation adoption documents is inaccurate and that the evidence presented by the petitioner supports a change to the birthdate of the person to be readopted; ����� (g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223; ����� (h) If the readoption is of a minor child, that all records, papers and files in the record of the readoption case be sealed as provided under ORS 109.289; ����� (i) A finding that the child is or is not an Indian child; ����� (j) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2); ����� (k) If the child is an Indian child: ����� (A) The determinations required under ORS 419B.621 regarding the Indian child�s residence, domicile and wardship status; ����� (B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (2); and ����� (C) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, upon the petitioner�s motion under ORS 419B.654 (3), that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2); and ����� (L) Any other relief requested by the petitioner. ����� (9) A petition filed under this section must, if applicable, have the following attached as exhibits: ����� (a) True copies of the foreign nation birth certificate of the person to be readopted, accompanied by an English translation, if necessary; ����� (b) True copies of the foreign nation adoption decree, order, judgment, certificate or similar document accompanied by an English translation, if necessary; ����� (c) True copies of the foreign nation passport and proof of legal residency in the United States for the person sought to be readopted; ����� (d) If applicable, a true copy of any continuing contact agreement entered into under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred; ����� (e) If applicable, the written disclosure statement required under ORS 109.281; and ����� (f) Any other supporting documentation necessary to comply with the petition requirements in this section. ����� (10)(a) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for readoption of a minor child. The statement must summarize information in the readoption proceeding and include additional information and attached exhibits as required under this subsection. The statement must contain, at a minimum, the following information if known or readily ascertainable by the petitioner: ����� (A) The full name, permanent address and telephone number of each petitioner; ����� (B) The current full name, the proposed adoptive name and the date and place of birth of the minor child; ����� (C) The information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 to 109.834; and ����� (D) The name, bar number and contact information for any attorney representing a petitioner. ����� (b) An Adoption Summary and Segregated Information Statement must attach as an exhibit: ����� (A) A home study that has been approved under ORS 109.276; and ����� (B) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics as required under ORS 432.223. ����� (c) The petitioner has a continuing duty to inform the court of any change to the information required by this subsection or when information that was not previously known or ascertainable becomes known or ascertainable. ����� (d) The Adoption Summary and Segregated Information Statement and the exhibits submitted under this subsection are confidential and may not be inspected or copied except as otherwise provided under ORS 109.266 to 109.410 or 109.425 to 109.507. The Adoption Summary and Segregated Information Statement and the exhibits submitted under this section must be segregated in the record of the adoption case from other records, papers and files in the record of the adoption case. ����� (11)(a) A petition filed under this section is exempt from any requirement for one or more of the following: ����� (A) Compliance with the consent requirements of ORS 109.301 to 109.330; ����� (B) A statement that the requirements of ORS 109.353 regarding advisement about the voluntary adoption registry and the registry�s services have been met; ����� (C) A statement that the requirements of ORS 109.346 regarding notice of the right to counseling sessions have been met; and ����� (D) Provision of a placement report under ORS 109.276 (8). ����� (b) Paragraph (a) of this subsection does not apply if the child is an Indian child. ����� (12) The requirements for keeping a separate record of the case, for sealing the records, papers and files in an adoption proceeding and for the conditions under which inspection and copying of sealed records, papers and files in the court�s record of an adoption case set forth in ORS 109.289 apply to proceedings for readoption under this section. ����� (13)(a) The court may find that a person�s birthdate listed on the person�s foreign nation birth documents is inaccurate based upon a finding that the preponderance of the evidence demonstrates that the birthdate is inaccurate and that the age or birthdate proposed by the petitioner is accurate. ����� (b) Evidence that the court may consider in making the finding and order under this subsection includes, but is not limited to, one or 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 this subsection shall be in accordance with ORS 21.145, except that when separate petitions for readoption of multiple minor children are concurrently filed under this section by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged. [1961 c.95 ��2,3; 2015 c.511 �9; 2021 c.398 �9] ����� 109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings. When the Department of Human Services or an approved child-caring agency has the right to consent to the adoption of a child, the department or agency may: ����� (1) If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child. ����� (2) Appear in court where a proceeding for the adoption of the child is pending. ����� (3) Give or withhold consent in loco parentis to the adoption of the child only in accordance with ORS 109.325. [1957 c.710 �14; 1971 c.401 �6; 2005 c.22 �90] ����� 109.400 Adoption report form. (1) When a petition for adoption is filed with a court, the petitioner or the petitioner�s attorney shall file with the petition an adoption report form as provided in ORS 432.223. ����� (2) Notwithstanding ORS 109.289, if the court enters a judgment of adoption, the clerk of the court shall review the personal particulars filled in on the form, shall fill in the remaining blanks on the form, shall certify the form and mail it to the State Registrar of the Center for Health Statistics as the adoption report as required under ORS 432.223. [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 having custody of the adoption file shall issue upon request a certificate of adoption to the adopted person, the adoptive parents or parent, their attorney of record, in the proceeding, or to any child-placing agency which gave consent to the adoption. The certificate shall be substantially in the following form: ______________________________________________________________________________ CERTIFICATE OF ADOPTION IN THE ________ COURT OF THE STATE OF OREGON FOR THE COUNTY OF ___________ In the Matter of the Adoption of: ___________________________ File No.___________ ����� Name after Adoption This is to certify that on the ___ day of ________, 2___, a Judgment of Adoption was granted by the Honorable Judge ____________ granting the adoption of the above-named person by _________________. ����� The adopted person, above named, was born in the City of ___________, County of ________, State of ________, on the __ day of _____, 2__. ����� Dated at ________, Oregon, this __ day of ___, 2__. ����� (Title of the Clerk of the Court) ����� (SEAL) By _______________ ����� Deputy ______________________________________________________________________________ ����� (2) The certificate of adoption may be issued by the judge who granted the adoption, instead of by the clerk of the court. ����� (3) The certificate of adoption may not state the former name of the person adopted, unless the name was not changed by the judgment, and may not state the name of either genetic parent of the person adopted. However, if the adoption was by the adopted person�s stepparent, the name of the adopting stepparent�s spouse may be set forth in the certificate if requested. ����� (4) No certificate of adoption shall be issued to any person other than the persons described in subsection (1) of this section without order of the court. ����� (5) For all purposes, the certificate of adoption shall constitute legal proof of the facts set forth therein, shall have the same force and effect and the same presumptions of validity as the judgment of adoption, and shall be entitled to full faith and credit. [1979 c.397 �2; 1985 c.496 �24; 2003 c.576 �157; 2015 c.512 �2; 2025 c.592 �127] VOLUNTARY ADOPTION REGISTRY ����� 109.425 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 child where it did not exist previously. ����� (3) �Adoptive parent� means an adult who has become a parent of a child through adoption. ����� (4) �Adult� means a person 18 years of age or older. ����� (5) �Agency� means any public or private organization licensed or authorized under the laws of this state to place children for adoption. ����� (6) �Alleged genetic parent� has the meaning given that term in ORS 109.002. ����� (7) �Birth parent� means: ����� (a) The individuals who are legally presumed under the laws of this state to be the genetic parents of a child; and ����� (b) An individual alleged by the parent who gave birth to the child to be a genetic parent of the child if the individual acknowledges being the child�s genetic parent by signing a written affidavit or executing a surrender and release within three years of the relinquishment of the child by the parent who gave birth to the child or the termination of the parental rights of the parent who gave birth to the child. ����� (8)(a) �Genetic and social history� means a comprehensive report, when obtainable, of the health status and medical history of the birth parents and other persons related to the child. ����� (b) The genetic and social history may contain as much of the following as is available: ����� (A) Medical history; ����� (B) Health status; ����� (C) Cause of and age at death; ����� (D) Height, weight, eye and hair color; ����� (E) Ethnic origins; and ����� (F) Religion, if any. ����� (c) The genetic and social history may include the health status and medical history of: ����� (A) The birth parents; ����� (B) An alleged genetic parent, if any; ����� (C) Siblings to the birth parents, if any; ����� (D) Siblings to an alleged genetic parent, if any; ����� (E) Other children of either birth parent, if any; ����� (F) Other children of an alleged genetic parent, if any; ����� (G) Parents of the birth parents; and ����� (H) Parents of an alleged genetic parent, if any. ����� (9) �Guardian� means a person appointed by a court as guardian of a minor under ORS chapter 125 or the laws of any other state. ����� (10) �Health history� means a comprehensive report, when obtainable, of the child�s health status and medical history at the time of placement for adoption, including neonatal, psychological, physiological and medical care history. ����� (11) �Minor� means a person under 18 years of age. ����� (12) �Progeny� means the children or descendants of a person and the person�s descendants in successive generations. ����� (13) �Registry� means a voluntary adoption registry established under ORS 109.450. ����� (14) �Successor agency� means an agency which has the adoption records of another agency because of the merger of the agency and the successor agency or because a former agency has ceased doing business and has given its adoption records to the successor agency as provided in ORS 109.435 (2). [1983 c.672 �2; 1989 c.372 �1; 1993 c.410 �1; 1995 c.79 �39; 1995 c.730 �7; 1997 c.130 �3; 1997 c.442 �1; 2001 c.900 �14; 2015 c.200 �1; 2025 c.592 �128] ����� Note: 109.425 to 109.507 and 109.990 (2) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.430 Policy and purpose. It is the policy of this state that adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parents and child between an adoptee and the adoptive parents. These legal and social premises underlying adoption must be maintained. The state recognizes that some persons who were adopted as children have a strong desire to obtain identifying information about their birth parents, alleged genetic parent or genetic siblings while other such adoptees have no such desire. The state further recognizes that some birth parents have a strong desire to obtain identifying information about their genetic children who were adopted, while other birth parents have no such desire. The state fully recognizes the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees and the adoptive parents. The purpose of ORS 109.425 to 109.507 and 432.250 is to: ����� (1) Set up a voluntary adoption registry where birth parents, alleged genetic parents, adoptees and genetic siblings of adoptees may register their willingness to the release of identifying information to each other; ����� (2) Provide for the disclosure of identifying information to birth parents and their progeny through a person employed or approved by a licensed adoption agency or the Department of Human Services, if the relevant persons for such disclosure are registered; ����� (3) Provide for the transmission of nonidentifying health and genetic and social histories of adoptees, birth parents, alleged genetic parents, genetic siblings of adoptees and other specified persons; and ����� (4) Provide for disclosure of specific identifying information to Indian tribes or governmental agencies when needed to establish the adoptee�s eligibility for tribal membership or for benefits or to a person responsible for settling an estate that refers to the adoptee. [1983 c.672 �1; 1989 c.372 �5; 1995 c.79 �40; 1995 c.730 �8; 1997 c.442 �2; 2013 c.346 �15; 2015 c.200 �2; 2025 c.592 �129] ����� Note: See note under 109.425. ����� 109.435 Adoption records to be permanently maintained. (1) All records of any adoption finalized in this state shall be permanently maintained by the Department of Human Services or by the agency arranging the adoption. ����� (2) If an agency which handles adoptions ceases to do business, the agency shall transfer the adoption records to the department or to a successor agency, if the agency gives notice of the transfer to the department. [1983 c.672 �3] ����� Note: See note under 109.425. ����� 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 confidential. (1) Notwithstanding any other provision of law, the information acquired by any voluntary adoption registry shall not be disclosed under any freedom of information legislation, rules or practice. ����� (2) A class action suit shall not be maintained in any court of this state to require the registry to disclose identifying information. [1983 c.672 �5] ����� Note: See note under 109.425. ����� 109.450 Child placement agency to maintain registry; Department of Human Services duties. (1) A voluntary adoption registry shall be established and maintained by each agency or its successor agency. An agency may delegate or contract with another agency to establish, maintain and operate the registry for the delegating agency. ����� (2) The Department of Human Services shall establish, maintain and operate the registry for all adoptions not arranged through a licensed agency. The department may contract out the function of establishing, maintaining and operating the registry to another agency. The department may join a voluntary national or international registry and make its records available in the manner authorized by ORS 109.425 to 109.507. However, if the rules of disclosure of such a voluntary organization differ from those prescribed in ORS 109.425 to 109.507, ORS 109.425 to 109.507 shall prevail. [1983 c.672 �6; 1995 c.79 �42; 1995 c.730 �10; 2015 c.200 �16] ����� Note: See note under 109.425. ����� 109.455 Persons eligible to use registry. (1) Only a birth parent, adult adoptee, adult genetic sibling of an adoptee, parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, adoptive parent of a deceased adoptee and parents or adult siblings of a deceased birth parent may use the registry for obtaining identifying information about birth parents, alleged genetic parents, adoptees and genetic siblings of adoptees. ����� (2) An alleged genetic parent may not use the registry to obtain identifying information but may register to authorize release of identifying information under ORS 109.460. [1983 c.672 �7; 1989 c.372 �2; 1997 c.442 �3; 2015 c.200 �3; 2025 c.592 �130] ����� Note: See note under 109.425. ����� 109.460 Persons eligible to register; information authorized for release; expiration of registration on behalf of minor. (1) An adult adoptee, a birth parent, an alleged genetic parent, an adult genetic sibling of an adoptee, a parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling of a deceased birth parent may register with a registry by submitting a signed affidavit to the appropriate registry. The affidavit shall contain the information listed in ORS 109.465 and a statement of the registrant�s willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release to the other relevant persons who register identifying information related to the registrant or, if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, identifying information related to the minor adoptee or sibling. Each registration shall be accompanied by the registrant�s, or if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, the minor�s, certified copy of the record of live birth. ����� (2) At the discretion of the agency operating the registry, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee may register to have specific identifying and contact information disclosed by submitting a signed affidavit containing the information listed in ORS 109.465 and a statement of the registrant�s willingness to be identified to other relevant persons who register. ����� (3) An adoptee, or the parent or guardian of a minor adoptee, may register to have specific identifying information disclosed to Indian tribes or to governmental agencies in order to establish the adoptee�s eligibility for tribal membership or for benefits or to a person settling an estate. The information shall be limited to a true copy of documents that prove the adoptee�s lineage. Information disclosed in accordance with this subsection shall not be disclosed to the adoptee or the parent or guardian of the minor adoptee by the registry or employee or agency operating a registry nor by the Indian tribe, governmental agency or person receiving the information. ����� (4) Registration under this section by the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee expires when the minor reaches 18 years of age. The adoptee or sibling must reregister with a registry as an adult in accordance with this section for identifying information to be released to relevant persons who are registered. If the adoptee or sibling reregisters, the registration fee will be waived. ����� (5) Except as otherwise provided in ORS 109.503, a registry or employee or the agency operating a registry shall not contact or in any other way solicit any adoptee or birth parent to register with the registry. [1983 c.672 �8; 1989 c.372 �6; 1993 c.410 �10; 1997 c.442 �4; 2013 c.366 �57; 2015 c.200 �4; 2025 c.592 �131] ����� Note: See note under 109.425. ����� 109.465 Content of affidavit; notice of change in information. (1) The affidavit required under ORS 109.460 shall contain: ����� (a) The current name and address of the registrant and, where the registrant is the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, the current name and address of the minor adoptee or sibling; ����� (b) Any previous name by which the registrant and, where applicable, the minor, was known; ����� (c) The original or adopted names of the adopted child; ����� (d) The place and date of birth of the adopted child, if known; and ����� (e) The name and address of the agency, if known. ����� (2) The registrant shall notify the registry of any change in name or address that occurs after the registrant registers. Upon registering, the registry shall inform the registrant that the registrant has the responsibility to notify the registry of a change in address. The registry is not required to search for a registrant who fails to notify the registry of a change in address. ����� (3) A registrant may cancel the registrant�s registration at any time by giving the registry written notice of the registrant�s desire to cancel. [1983 c.672 �9; 2015 c.200 �5] ����� Note: See note under 109.425. ����� 109.470 Continuing registration by birth parent or alleged genetic parent; reregistration by minor as adult; fee. (1) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the birth parent does not desire to continue the registration. ����� (2) When an adoptee reaches age 18, an alleged genetic parent of the adoptee, if the alleged genetic parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the alleged genetic parent does not desire to continue the registration. ����� (3) When an adoptee or genetic sibling of an adoptee reaches age 18, the adoptee or sibling, if the parent or guardian of the adoptee or sibling registered with the registry before the adoptee or sibling was age 18, must reregister with the registry as an adult in accordance with ORS 109.460. If the adoptee or sibling reregisters, the registration fee will be waived. ����� (4) A registry shall notify a birth parent, alleged genetic parent or parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee of this requirement when the birth parent, alleged genetic parent or parent or guardian initially registers. [1983 c.672 �10; 1989 c.372 �3; 1997 c.442 �5; 1999 c.650 �1; 2015 c.200 �6; 2025 c.592 �132] ����� Note: See note under 109.425. ����� 109.475 Processing affidavits; notification of match. (1) Upon receipt of the affidavit under ORS 109.460, the registry shall process each affidavit in an attempt to match the adoptee, the birth parent, the alleged genetic parent, the genetic siblings, the progeny of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee, the adoptive parent of a deceased adoptee or the parents or adult sibling of a deceased birth parent. The processing shall include research from agency records, and if necessary from court records, to determine whether the registrants match. ����� (2) If the registry determines there is a match and if the relevant persons have registered with the registry and received the counseling required by ORS 109.480, notification of the match may be given by a registry to only: ����� (a) A birth parent of an adult adoptee; ����� (b) An adult adoptee; ����� (c) The parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee; ����� (d) The adult genetic siblings of an adult adoptee; ����� (e) At the discretion of the agency operating the registry, parents or adult siblings of the birth parent if the birth parent is deceased; ����� (f) At the discretion of the agency operating the registry, the adoptive parent of a deceased adoptee; or ����� (g) At the discretion of the agency operating the registry, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee for the purposes set forth in ORS 109.460 (2). ����� (3) Notification of a match to the relevant parties shall be made through a direct and confidential contact. [1983 c.672 �11; 1997 c.442 �6; 2015 c.200 �7; 2025 c.592 �133] ����� Note: See note under 109.425. ����� 109.480 Counseling of registrant. (1) Upon the determination of a match but before identifying information is disclosed, the registrant shall, at the discretion of the agency operating the registry, participate in counseling with a person employed or approved by the registry. ����� (2) The counseling required under subsection (1) of this section shall place an emphasis on an evaluation of the need for and the effect of the information or contact on the genetic family members and the relationships within the adoptive family. [1983 c.672 �12; 2015 c.200 �8] ����� Note: See note under 109.425. ����� 109.485 Registry information to be maintained permanently. Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 �13] ����� Note: See note under 109.425. ����� 109.490 Limits on releasing information. A registry shall release only information necessary for identifying a birth parent, an alleged genetic parent, an adult adoptee, an adult genetic sibling, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee, or the county in which an adoption was finalized. A registry may not release information of any kind pertaining to: ����� (1) The adoptive parents, except for an adoptive parent of a minor adoptee when the adoptive parent has registered in accordance with ORS 109.460; ����� (2) The siblings of the adult adoptee who are children of the adoptive parents; and ����� (3) The income of any person. [1983 c.672 �14; 1997 c.442 �7; 2015 c.200 �9; 2025 c.592 �134] ����� Note: See note under 109.425. ����� 109.495 Registrant fee. Costs of establishing and maintaining a registry may be met through reasonable fees charged to all persons who register. [1983 c.672 �15; 1999 c.650 �2] ����� Note: See note under 109.425. ����� 109.500 Genetic, social and health history; availability; fee. (1) A genetic and social history and health history which excludes information identifying any birth parent or alleged genetic parent, member of a birth parent�s or alleged genetic parent�s family, the adoptee or the adoptive parents of the adoptee, may be provided, if available, from an agency upon request to the following persons: ����� (a) The adoptive parents of the child or the child�s guardian; ����� (b) The birth parent of the adoptee; ����� (c) An adult adoptee; and ����� (d) In the event of the death of the adoptee: ����� (A) The adoptee�s spouse if the spouse is the birth parent of the adoptee�s child or the guardian of any child of the adoptee; or ����� (B) Any progeny of the adoptee who is 18 years of age or older. ����� (2) The medical history part of the report mentioned in subsection (1) of this section may be in the form prescribed by the Department of Human Services under ORS 109.342. ����� (3) The agency may charge the person requesting the information requested under subsection (1) of this section the actual cost of providing such information. [1983 c.672 �16; 1989 c.372 �4; 1997 c.442 �8; 2025 c.592 �135] ����� Note: See note under 109.425. ����� 109.502 Search for birth parents, alleged genetic parent, genetic siblings or county where adoption finalized; who may initiate; information required; fee. (1)(a) An adult adoptee or the adoptive parent of a minor or deceased adoptee may request the Department of Human Services or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for the adoptee�s birth parents, alleged genetic parent or, except as otherwise provided in ORS 109.504 (2), for the adoptee�s genetic siblings, or for the county in which an adoption was finalized. ����� (b)(A) Except as provided in subparagraph (B) of this paragraph, a birth parent, an adult genetic sibling of an adoptee or the parent or adult sibling of a deceased birth parent may request the department or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for an adult adoptee whom the birth parent relinquished for adoption. ����� (B) A birth parent may request a search for an adult adoptee only if the adult adoptee does not have any genetic siblings in the same adoptive family as the adult adoptee�s adoptive family who are under 18 years of age. ����� (c) A birth parent may request and, in the discretion of the department or the Oregon licensed adoption agency that facilitated the adoption, the department or agency may conduct a search for the county in which the adoption was finalized. ����� (d) A person requesting a search under paragraph (a) or (b) of this subsection: ����� (A) Must be registered with a registry unless the request is only to search for the county in which an adoption was finalized; and ����� (B) Shall direct the request for the search to the Oregon licensed adoption agency that facilitated the adoption or, if unknown, to the department. If the Oregon licensed adoption agency that facilitated the adoption is not conducting searches or is not authorized by the department to conduct searches, the person shall direct the request to the department. ����� (2) The department or an agency may delegate to or contract with a third party individual or entity to conduct searches under this section. ����� (3) At the time of a request to conduct a search under this section, the requester shall provide the department or the Oregon licensed adoption agency that facilitated the adoption with: ����� (a) Such information as the department or the Oregon licensed adoption agency requires; and ����� (b) Payment of a fee established by rule under ORS 109.506. [1993 c.410 �3; 1995 c.730 �12; 1997 c.442 �9; 2015 c.200 �10; 2025 c.592 �136] ����� Note: See note under 109.425. ����� 109.503 Access to adoption records for search; duties of searcher. (1) When the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to whom the department or agency has delegated, or with whom the department or agency has contracted, to conduct searches under ORS 109.502 is requested to conduct a search under ORS 109.502, the department, agency or third party individual or entity may examine adoption records maintained by the department and by private adoption agencies under ORS 109.435. However, the department, agency or third party individual or entity may examine the adoption records of a private adoption agency only if the private adoption agency allows the examination. The department, agency or third party individual or entity shall keep the records and information located in the records confidential. ����� (2) If the department, agency or third party individual or entity is able to identify and locate the person being sought, the department, agency or third party individual or entity shall make a confidential inquiry of that person to determine whether the person wishes to make contact with the person requesting the search. If the reason the person is requesting the search is because there is a serious medical condition in the person�s immediate family that is, or may be, an inheritable condition and the person being sought is biologically related to the ill person, the department, agency or third party individual or entity shall inform the person being sought of that fact. ����� (3) If the department, agency or third party individual or entity is able to identify the county in which an adoption was finalized, in the discretion of the department, agency or third party individual or entity, the identity of the county may be disclosed to an adult adoptee, the parent or guardian of a minor adoptee, or to a birth parent. ����� (4)(a) If the person being sought wishes to make contact with the person requesting the search, the department, agency or third party individual or entity shall: ����� (A) Tell the person about the voluntary adoption registry under ORS 109.425 to 109.507 and that any contact will be made through the registry and its provisions and shall give the person any information and forms necessary to register; ����� (B) Notify the voluntary adoption registry that the person being sought has been identified and located and has indicated that the person wishes to make contact; and ����� (C) Return all materials and information obtained during the search to the department or agency responsible for maintaining the information. ����� (b) If the person being sought has indicated a wish to make contact and has not registered with the voluntary adoption registry within 90 days after the confidential inquiry was made, the department, agency or third party individual or entity, where practicable, shall contact the person to offer forms and materials to register and to determine if the person still intends to register. ����� (5) If the person being sought does not wish to make contact with the person requesting the search, the department, agency or third party individual or entity shall: ����� (a) Tell the person about the voluntary adoption registry under ORS 109.425 to 109.507; ����� (b) Notify the voluntary adoption registry that the person being sought has been identified, located and has indicated that the person does not wish to make contact; and ����� (c) Return all materials and information obtained during the search to the department or agency responsible for maintaining the information. ����� (6) If the department, agency or third party individual or entity is unable to identify and locate the person being sought, the department, agency or third party individual or entity shall notify the voluntary adoption registry of that fact. ����� (7) Upon receiving notice under subsection (4)(a)(B), (5)(b) or (6) of this section, the voluntary adoption registry shall: ����� (a) Enter the information into its records; and ����� (b) Notify the person requesting the search only that the person being sought has or has not been located, and either: ����� (A) Has indicated a wish to make contact and has been given information and forms necessary to register; or ����� (B) Has indicated a wish not to make contact. [1993 c.410 �4; 1995 c.79 �43; 1995 c.730 �13; 1997 c.442 �10; 2015 c.200 �11] ����� Note: See note under 109.425. ����� 109.504 Effect on subsequent searches when person sought in initial search refuses contact; other restrictions on searches. (1) If an adult adoptee or the adoptive parent of a minor or deceased adoptee has initiated a search under ORS 109.502, the fact that the person being sought in the original search does not wish to make contact does not prevent the adult adoptee or the adoptive parent from requesting another search for a birth parent or alleged genetic parent not previously contacted. ����� (2) An adult adoptee or the adoptive parent of a minor or deceased adoptee may not request a search for a minor genetic sibling of the adoptee if the parental rights of the birth parent to the minor genetic sibling have not been terminated by death or otherwise and the adoptee and the minor genetic sibling share that same birth parent. ����� (3) The adult adoptee or adoptive parent of a minor or deceased adoptee shall request the search by repeating the process set out in ORS 109.502 and by paying the fees established by the Department of Human Services pursuant to ORS 109.506. [1993 c.410 �5; 1997 c.442 �11; 2015 c.200 �12; 2025 c.592 �137] ����� Note: See note under 109.425. ����� 109.505 Support services; adoption and reunion issues. Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided: ����� (1) By the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to all persons requesting a search under ORS 109.502; and ����� (2) By the department, an Oregon licensed adoption agency or a third party individual or entity only to those persons the department, an Oregon licensed adoption agency or a third party individual or entity identifies and locates as the result of a search under ORS 109.502 and who express a wish to receive information. [1993 c.410 �6; 1995 c.730 �14; 2015 c.200 �13] ����� Note: See note under 109.425. ����� 109.506 Rulemaking; fees. The Department of Human Services by rule shall establish: ����� (1) Eligibility standards for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502; ����� (2) Standards of conduct for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502; ����� (3) Contracting procedures for Oregon licensed adoption agencies and third party individuals and entities that contract to conduct searches under ORS 109.502; ����� (4) Search procedures to be followed by Oregon licensed adoption agencies and third party individuals and entities that conduct searches under ORS 109.502; and ����� (5) Fees to be paid by persons requesting a search under ORS 109.502. Fees authorized under this section include: ����� (a) A fee to be paid to the department, an Oregon licensed adoption agency or a third party individual or entity to cover all costs incurred in the search; and ����� (b) A fee to be paid to the department, an Oregon licensed adoption agency or a third party individual or entity to cover the administrative costs incurred in administering the search program. [1993 c.410 �7; 1995 c.730 �15; 1999 c.650 �3; 2015 c.200 �14] ����� Note: See note under 109.425. ����� 109.507 Access to Department of Human Services records required; access to private agency records discretionary. (1) The Department of Human Services shall allow an Oregon licensed adoption agency or a third party individual or entity with whom the department or agency has contracted to examine confidential adoption records maintained by the department as part of a search conducted under ORS 109.502. ����� (2) A private adoption agency may allow the department, an Oregon licensed adoption agency or a third party individual or entity to examine confidential adoption records maintained by the agency as part of a search conducted under ORS 109.502. [1993 c.410 �8; 1995 c.730 �16; 2015 c.200 �15] ����� Note: See note under 109.425. ����� 109.510 [Amended by 1973 c.827 �14; 2005 c.22 �91; renumbered 109.621 in 2025] DONOR REGISTRY ����� 109.518 Definitions for ORS 109.518 to 109.525. As used in ORS 109.518 to 109.525: ����� (1) �Assisted reproduction� has the meaning given that term in ORS 109.002. ����� (2) �Donor� has the meaning given that term in ORS 109.002. ����� (3) �Gametes� has the meaning given that term in ORS 109.002. ����� (4) �Identifying information� means: ����� (a) The full name of a donor; ����� (b) The date of birth of the donor; and ����� (c) The permanent and, if different, current address, telephone number and electronic mail address of the donor at the time of the donation. ����� (5) �Medical history� means information known to a donor at the time of collection regarding the donor�s genetic or family history and past or present medical conditions that a reasonable person would consider heritable or likely to affect the health or development of offspring as supported by peer-reviewed medical evidence. [2025 c.592 �84] ����� Note: Section 85, chapter 592, Oregon Laws 2025, provides: Sec. 85. Sections 84 to 88 of this 2025 Act [ORS 109.518 to 109.525] apply only to gametes collected on or after the effective date of this 2025 Act [September 26, 2025]. [2025 c.592 �85] ����� 109.519 Collection of information. (1) A gamete bank or fertility clinic providing services in this state shall collect from a donor the donor�s identifying information and medical history at the time of the donation. ����� (2) A gamete bank or fertility clinic providing services in this state which receives gametes of a donor collected by another gamete bank or fertility clinic shall collect the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes. ����� (3) A gamete bank or fertility clinic providing services in this state shall disclose the information collected under subsections (1) and (2) of this section as provided under ORS 109.522. [2025 c.592 �86] ����� Note: See note under 109.518. ����� 109.520 [Amended by 1953 c.343 �2; 1957 c.710 �12; 1973 c.827 �15; renumbered 109.625 in 2025] ����� 109.522 Disclosure of identifying information and medical history. (1) On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic providing services in this state which collected the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes. ����� (2) Regardless whether a child made a request under subsection (1) of this section, on request by a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed in this state which collected the gametes used in the assisted reproduction shall make a good-faith effort to provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical history of the donor. ����� (3) On request of a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic licensed in this state which received the gametes used in the assisted reproduction from another gamete bank or fertility clinic shall disclose to the child or, if the child is a minor, the parent or guardian of the child, the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes. [2025 c.592 �87] ����� Note: See note under 109.518. ����� 109.525 Recordkeeping. (1) A gamete bank or fertility clinic providing services in this state that collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing and comply with reporting requirements under state or federal law. ����� (2) A gamete bank or fertility clinic providing services in this state that receives gametes from another gamete bank or fertility clinic shall maintain the name, address, telephone number and electronic mail address of the gamete bank or fertility clinic from which it received the gametes. [2025 c.592 �88] ����� Note: See note under 109.518. ����� 109.550 [1977 c.525 �2; 1993 c.33 �293; repealed by 1993 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 by 1993 c.546 �141] ����� 109.565 [1977 c.525 �5; repealed by 1993 c.546 �141] RELATIVE CAREGIVERS ����� 109.570 Legislative findings. The Legislative Assembly finds that: ����� (1) Current economic and cultural circumstances are such that relatives of minor children are playing an increasing role in ensuring the health, safety and education of minor children who, for many reasons, cannot live with and are not being cared for by their parents or guardians, and for whom legal proceedings have not been initiated or undertaken to establish legal guardianships or placements under the laws of this state. ����� (2) Relatives of minor children are frequently asked, with minimal notice, to provide housing and health care, and to make educational decisions, for minor children who are left in their care. ����� (3) Relative caregivers frequently face barriers to obtaining necessary and appropriate medical treatment and educational services for minor children left in their care. ����� (4) These barriers pose a significant challenge to relative caregivers in dealing with health care providers and schools, and pose a substantial threat to the health, safety and welfare of minor children in this state. ����� (5) It is necessary to provide legal authority for relative caregivers to access necessary and appropriate medical treatment and educational services for minor children who are left in the relative caregivers� care and who are without legal parents or guardians who can otherwise provide for them. [2013 c.231 �1] ����� Note: 109.570 to 109.580 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.572 Definitions for ORS 109.570 to 109.580. As used in ORS 109.570 to 109.580: ����� (1) �Educational services� means enrollment of a minor child in a school to which the minor child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities. ����� (2) �Health care facility� means any facility that provides medical treatment. ����� (3) �Health care provider� means a person who is licensed, certified, registered or otherwise authorized by law in this state to administer medical treatment in the practice of a health care profession or at a health care facility, and includes a health care facility. ����� (4) �Medical treatment� means developmental screening, mental health screening and treatment, ordinary and necessary medical, dental and optical examination and treatment and preventive care including ordinary immunizations, tuberculin testing and well-child care, and includes the examination for and treatment of any injury, symptom, disease or pathology that is, in the judgment of the treating health care provider, reasonably necessary. ����� (5) �Legal parent or guardian� means the parent or guardian of a minor child, a person with rights established under ORS 109.119 or a person to whom powers have been delegated under ORS 109.056. ����� (6) �Relative caregiver� means a competent 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 legal parent or guardian and who represents in the affidavit described in ORS 109.580 that the minor child lives with the adult and that the adult is responsible for the care of the minor child. [2013 c.231 �2] ����� Note: See note under 109.570. ����� 109.575 Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority. (1) A relative caregiver acting pursuant to an affidavit under ORS 109.580 may consent to medical treatment and educational services for a minor child that a minor child cannot otherwise legally consent to if, after reasonable efforts have been made to obtain the consent of the legal parent or guardian to the treatment or services, the consent of the legal parent or guardian cannot be obtained. ����� (2) A relative caregiver providing consent under this section is liable to the health care provider or school for payment for any medical treatment or educational services provided to a minor child pursuant to the consent. ����� (3) The consent of a relative caregiver under this section shall be superseded by any contravening decision of the legal parent or guardian, provided the decision does not threaten the life, health or safety of the minor child. ����� (4) If the minor child stops living with the relative caregiver, the relative caregiver shall immediately notify any health care provider or school that has been given an affidavit under ORS 109.580. The affidavit is invalid immediately upon receipt by the health care provider or school of the notice under this subsection. ����� (5) An affidavit under ORS 109.580 expires one year after the date it is given to a health care provider or school by a relative caregiver. If the date the affidavit is given to a health care provider or school is unknown or uncertain, it shall expire one year after the date the relative caregiver signs the affidavit. ����� (6)(a) A health care provider or school may, but is not required to, rely on the representations or affidavit of a person claiming to be a relative caregiver if the health care provider or school does not have actual notice of the falsity of any of the statements or documentation made or provided by the person claiming to be a relative caregiver. ����� (b) Upon receipt of a valid affidavit as described in ORS 109.580, a health care provider or school may, but is not required to, request documentation of a person�s claimed status as a relative caregiver and of attempts made to obtain the consent of the legal parent or guardian. ����� (7) A relative caregiver acting in good faith with reasonable grounds to provide consent for medical treatment or educational services pursuant to an affidavit under ORS 109.580 is not subject to criminal or civil liability that might otherwise be incurred or imposed for giving consent to the medical treatment or educational services. ����� (8) Nothing in this section relieves a legal parent or guardian of liability for payment for medical treatment or educational services provided to a minor child pursuant to the valid consent of a relative caregiver under this section. [2013 c.231 �3] ����� Note: See note under 109.570. ����� 109.580 Relative caregiver affidavit. A relative caregiver affidavit given to a health care provider or school is invalid unless it is signed and contains, at a minimum, the following 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 the relative caregiver lives with the minor child; ����� (4) The relationship of the relative caregiver to the minor child; ����� (5) The Oregon driver license or identification card number of the relative caregiver; ����� (6) The contact information of the legal parent or guardian; ����� (7) A description of any attempts that the relative caregiver has made to advise the legal parent or guardian of the relative caregiver�s intent to consent to medical treatment or educational services for the minor child, and of any response to the relative caregiver provided by the legal parent or guardian; ����� (8) If applicable, the reason why the relative caregiver is unable to contact the legal parent or guardian to advise the legal parent or guardian of the relative caregiver�s intent to consent to medical treatment or educational services for the minor child; ����� (9) The date the relative caregiver signed the affidavit; and ����� (10) A declaration under penalty of perjury that the named minor child lives with the relative caregiver, that the relative caregiver is a competent adult and 18 years of age or older and that the information provided in the affidavit is true and correct. [2013 c.231 �4] ����� Note: See note under 109.570. ����� 109.610 [Formerly 109.105; 1977 c.303 �1; 2012 c.26 �5; 2015 c.736 �48; 2019 c.456 ��1,1a; repealed by 2023 c.228 �52] ����� 109.620 [Formerly 109.115; repealed by 1973 c.827 �83] ATTAINING MAJORITY ����� 109.621 Age of majority. Except as provided in ORS 109.625, in this state any person shall be deemed to have arrived at majority at the age of 18 years, and thereafter shall: ����� (1) Have control of the person�s own actions and business; and ����� (2) Have all the rights and be subject to all the liabilities of a citizen of full age. [Formerly 109.510] ����� 109.625 Majority of married persons. Except as provided in ORS 653.010, all persons shall be deemed to have arrived at the age of majority upon their being married according to law. [Formerly 109.520] ����� 109.628 Majority of parents. (1) The parent who gave birth to a child and the child�s presumed parent, adjudicated parent, acknowledged parent or alleged genetic parent shall be deemed to have attained majority. ����� (2) Regardless of age, the parent who gave birth to a child or the child�s alleged genetic parent may acknowledge parentage as provided in ORS 109.070. ����� (3) Regardless of age, the parent who gave birth to a child or the child�s presumed parent, adjudicated parent, acknowledged parent or alleged genetic parent may give authorizations, releases or waivers, or enter into agreements, in adoption, juvenile court, parentage determination or other proceedings concerning the care or custody of the child. [Formerly 109.112] ����� Note: The amendments to 109.628 by section 15, chapter 592, Oregon Laws 2025, become operative January 1, 2027. See section 153, chapter 592, Oregon Laws 2025. The text that is operative on and after January 1, 2027, is set forth for the user�s convenience. ����� 109.628. (1) The parent who gave birth to a child and the child�s presumed parent, adjudicated parent, acknowledged parent or alleged genetic parent shall be deemed to have attained majority. ����� (2) Regardless of age, the parent who gave birth to a child or the child�s presumed parent or alleged genetic parent may acknowledge or deny parentage as provided in ORS 109.070. ����� (3) Regardless of age, the parent who gave birth to a child or the child�s presumed parent, adjudicated parent, acknowledged parent or alleged genetic parent may give authorizations, releases or waivers, or enter into agreements, in adoption, juvenile court, parentage determination or other proceedings concerning the care or custody of the child. ����� 109.630 [1971 c.726 �1; 1973 c.454 �1; repealed by 1973 c.827 �83] RIGHTS OF MINORS ����� 109.640 Right to reproductive health care, medical treatment or dental treatment without parental consent. (1) As used in this section, �reproductive health care� has the meaning given that term in ORS 435.190, except that �reproductive health care� does not include the elective sterilization of a minor under 15 years of age. ����� (2)(a) As used in this subsection, �health care provider� means a physician, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390 or a pharmacist licensed under ORS chapter 689. ����� (b) A minor under 15 years of age may give consent, without the consent of a parent or guardian of the minor, to an abortion only if the abortion is provided by a health care provider who is acting within the health care provider�s scope of practice and who reasonably believes, in the health care provider�s professional judgment, that: ����� (A) Involving the parent or guardian of the minor may result in the physical or emotional abuse of the minor or the neglect of the minor; or ����� (B) Requiring the consent of a parent or guardian of the minor would not be in the best interest of the minor, for the reasons documented by the health care provider after obtaining the concurrence of another health care provider who is associated with a separate medical practice or facility. ����� (3) Except as provided in subsection (2) of this section and notwithstanding subsection (4) of this section, a minor of any age may give consent, without the consent of a parent or guardian of the minor, to receive reproductive health care information and services from a health care provider who is a physician, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, pharmacist licensed under ORS chapter 689 or naturopathic physician licensed under ORS chapter 685, and who is acting within the provider�s scope of practice. ����� (4) A minor 15 years of age or older may give consent, without the consent of a parent or guardian of the minor, to: ����� (a) Hospital care, medical or surgical diagnosis or treatment by a physician licensed by the Oregon Medical Board or a naturopathic physician licensed under ORS chapter 685, and dental or surgical diagnosis or treatment by a dentist licensed by the Oregon Board of Dentistry. ����� (b) Diagnosis or treatment by a physician associate who is licensed under ORS 677.505 to 677.525 and who is acting pursuant to a collaboration agreement as defined in ORS 677.495. ����� (c) Diagnosis and treatment by a nurse practitioner who is licensed by the Oregon State Board of Nursing under ORS 678.375 and who is acting within the scope of practice for a nurse practitioner. ����� (d) Except when the minor is obtaining contact lenses for the first time, diagnosis and treatment by an optometrist who is licensed by the Oregon Board of Optometry under ORS 683.010 to 683.340 and who is acting within the scope of practice for an optometrist. ����� (5) If a person, including a health care provider, has reasonable cause to believe that a minor the person comes into contact with under this section has suffered abuse, as defined in ORS 419B.005, the person shall immediately comply with the person�s mandatory child abuse reporting duties under ORS 419B.010. [1971 c.381 �1; 2005 c.471 �7; 2010 c.91 �1; 2014 c.45 �11; 2017 c.356 �4; 2021 c.349 �14; 2023 c.228 �8; 2024 c.73 �27] ����� 109.650 Disclosure without minor�s consent and without liability. A hospital or a physician, physician associate, nurse practitioner, naturopathic physician, dentist or optometrist described in ORS 109.640 may advise a parent or legal guardian of a minor of the care, diagnosis or treatment of the minor or the need for any treatment of the minor, without the consent of the minor, and is not liable for advising the parent or legal guardian 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; 2024 c.73 �28] ����� 109.660 [1971 c.381 �3; 1973 c.827 �16; repealed by 2023 c.228 �52] ����� 109.670 Right to donate blood. (1) Any person 16 years of age or over may donate blood to any blood program without obtaining permission of a parent or guardian. ����� (2) As used in subsection (1) of this section, �blood program� means any voluntary and noncompensatory program for the drawing of blood which is approved by the American Association of Blood Banks or the American Red Cross. [1977 c.533 �1] ����� Note: 109.670 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.672 Certain persons immune from liability for providing care to minor. (1) No person licensed, certified or registered to practice a health care profession or health care facility shall be liable for damages in any civil action arising out of the failure of the person or facility to obtain the consent of a parent to the giving of medical care or treatment to a minor child of the parent if consent to the care has been given by the other parent of the child. ����� (2) The immunity provided by subsection (1) of this section shall apply regardless of whether: ����� (a) The parents are married, unmarried or separated at the time of consent or treatment. ����� (b) The consenting parent is, or is not, a custodial parent of the minor. ����� (c) The giving of consent by only one parent is, or is not, in conformance with the terms of any agreement between the parents, any custody order or any judgment of dissolution or separation. ����� (3) The immunity created by subsection (1) of this section shall not apply if the parental rights of the parent who gives consent have been terminated pursuant to ORS 419B.500 to 419B.524. ����� (4) For the purposes of this section, �health care facility� means a facility as defined in ORS 442.015 or any other entity providing medical service. [Formerly 109.133; 1993 c.33 �296; 2003 c.576 �158] ����� 109.675 Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent. (1) A minor 14 years of age or older may obtain, without parental knowledge or consent: ����� (a) Outpatient diagnosis or treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a physician or physician associate licensed by the Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse practitioner registered by the Oregon State Board of Nursing, a clinical social worker licensed by the State Board of Licensed Social Workers, a professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine or a community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule. ����� (b) Outpatient applied behavior analysis, as defined in ORS 676.802, as a treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a behavior analyst or assistant behavior analyst licensed under ORS 676.810 or a behavior analysis interventionist registered by the Health Licensing Office under ORS 676.815 if the treatment is within the scope of practice of the behavior analyst, assistant behavior analyst or behavior analysis interventionist. ����� (2) However, the person providing treatment shall have the parents of the minor involved before the end of treatment unless the parents refuse or unless there are clear clinical indications to the contrary, which shall be documented in the treatment record. The provisions of this subsection do not apply to: ����� (a) A minor who has been sexually abused by a parent; or ����� (b) An emancipated minor, whether emancipated under the provisions of ORS 109.621 and 109.625 or 419B.550 to 419B.558 or, for the purpose of this section only, emancipated by virtue of having lived apart from the parents or legal guardian while being self-sustaining for a period of 90 days prior to obtaining treatment as provided by this section. [1985 c.525 �1; 1989 c.721 �47; 1993 c.546 �137; 1997 c.249 �38; 2009 c.442 �30; 2009 c.595 �71; 2013 c.178 �1; 2014 c.45 �13; 2017 c.6 �1; 2017 c.356 �6; 2023 c.500 �7; 2024 c.73 �29] ����� 109.680 Disclosure by mental health care provider without minor�s consent; civil immunity. (1) As used in this section, �mental health care provider� means a physician or physician associate licensed by the Oregon Medical Board, psychologist licensed by the Oregon Board of Psychology, nurse practitioner registered by the Oregon State Board of Nursing, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule. ����� (2)(a) A mental health care provider that is providing services to a minor pursuant to ORS 109.675 may disclose relevant health information about the minor without the minor�s consent as provided in ORS 109.675 (2) and this subsection. ����� (b) If the minor�s condition has deteriorated or the risk of a suicide attempt has become such that inpatient treatment is necessary, or if the minor�s condition requires detoxification in a residential or acute care facility, the minor�s mental health care provider may disclose the relevant information regarding the minor�s diagnosis and treatment to the minor�s parent or legal guardian to the extent the mental health care provider determines the disclosure is clinically appropriate and will serve the best interests of the minor�s treatment. ����� (c) If the mental health care provider assesses the minor to be at serious and imminent risk of a suicide attempt but inpatient treatment is not necessary or practicable: ����� (A) The mental health care provider shall disclose relevant information about the minor to and engage in safety planning with the minor�s parent, legal guardian or other individuals the provider reasonably believes may be able to prevent or lessen the minor�s risk of a suicide attempt. ����� (B) The mental health care provider may disclose relevant information regarding the minor�s treatment and diagnosis that the mental health care provider determines is necessary to further the minor�s treatment to those organizations, including appropriate schools and social service entities, that the mental health care provider reasonably believes will provide treatment support to the minor to the extent the mental health care provider determines necessary. ����� (d) Except as provided in ORS 109.675 (2) and paragraphs (a) and (b) of this subsection, if a mental health care provider has provided the minor with the opportunity to object to the disclosure and the minor has not expressed an objection, the mental health care provider may disclose information related to the minor�s treatment and diagnosis to individuals, including the minor�s parent or legal guardian, and organizations when the information directly relates to the individual�s or organization�s involvement in the minor�s treatment. ����� (3) Notwithstanding subsection (2)(c)(A) of this section, a mental health care provider is not required to disclose the minor�s treatment and diagnosis information to an individual if the mental health care provider: ����� (a) Reasonably believes the individual has abused or neglected the minor or subjected the minor to domestic violence or may abuse or neglect the minor or subject the minor to domestic violence; ����� (b) Reasonably believes disclosure of the minor�s information to the individual could endanger the minor; or ����� (c) Determines that it is not in the minor�s best interest to disclose the information to the individual. ����� (4) Nothing in this section is intended to limit a mental health care provider�s authority to disclose information related to the minor with the minor�s consent. ����� (5) If a mental health care provider discloses a minor�s information as provided in subsection (2) of this section in good faith, the mental health care provider is immune from civil liability for making the disclosure without the consent 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; 2021 c.301 �1; 2023 c.9 �7; 2024 c.73 �30] ����� 109.685 Immunity from civil liability for person providing treatment or diagnosis. A physician, physician associate, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program described in ORS 109.675 who in good faith provides diagnosis or treatment to a minor as authorized by ORS 109.675 shall not be subject to any civil liability for providing such diagnosis or treatment without consent of the parent or legal guardian of the minor. [1985 c.525 �3; 1989 c.721 �49; 2009 c.442 �32; 2009 c.595 �73; 2013 c.178 �3; 2014 c.45 �15; 2017 c.356 �8; 2024 c.73 �31] ����� 109.690 Parent or guardian not liable for payment under ORS 109.675. If diagnosis or treatment services are provided to a minor pursuant to ORS 109.675 without consent of the minor�s parent or legal guardian, the parent, parents or legal guardian of the minor shall not be liable for payment for any such services rendered. [1985 c.525 �4] ����� 109.695 Rules for implementation of ORS 109.675 to 109.695. For the purpose of carrying out the policy and intent of ORS 109.675 to 109.695 while taking into account the respective rights of minors at risk of chemical dependency or mental or emotional disorder and the rights and interests of parents or legal guardians of such minors, the Oregon Health Authority shall adopt rules for the implementation of ORS 109.675 to 109.695 by community mental health programs approved to do so. Such rules shall provide for the earliest feasible involvement of the parents or guardians in the treatment plan consistent with clinical requirements of the minor. [1985 c.525 �5; 2009 c.595 �74] ����� 109.697 Right to contract for dwelling unit and utilities without parental consent. (1) The Legislative Assembly finds that there are in the State of Oregon unemancipated minors who are living apart from their parents and are homeless. Many of these minors are able financially to provide housing and utility services for themselves and their children, but cannot contract for these necessities due to perceived legal limitations affecting contracts with minors. The purpose of this legislation is to address those limitations. ����� (2) For purposes of this section, �minor� means an unemancipated and unmarried person who is living apart from the person�s parent, parents or legal guardian, and who is either: ����� (a) Sixteen or 17 years of age; ����� (b) Under 16 years of age and the parent of a child or children who are living in the physical custody of the person; or ����� (c) Under 16 years of age, pregnant and expecting the birth of a child who will be living in the physical custody of the person. ����� (3) Notwithstanding any other provision of law, a minor may contract for the necessities of a residential dwelling unit and for utility services to that unit. Such a contract is binding upon the minor and cannot be voided or disaffirmed by the minor based upon the minor�s age or status as a minor. ����� (4) The consent of the parent or legal guardian of such minor shall not be necessary to contract for a residential dwelling unit or utility services to that unit. The parent or legal guardian of such minor shall not be liable under a contract by that minor for a residential dwelling unit or for utility services to that unit unless the parent or guardian is a party to the minor�s contract, or enters another contract, for the purpose of acting as guarantor of the minor�s debt. [1993 c.369 �29] ����� 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 Child Custody Jurisdiction and Enforcement Act. [1999 c.649 �1] ����� Note: 109.701 to 109.834 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ����� 109.704 Definitions for ORS 109.701 to 109.834. As used in ORS 109.701 to 109.834: ����� (1) �Abandoned� means left without provision for reasonable and necessary care or supervision. ����� (2) �Child� means an individual who has not attained 18 years of age. ����� (3) �Child custody determination� means a judgment or other order of a court providing for the legal custody, physical custody, parenting time or visitation with respect to a child. �Child custody determination� includes a permanent, temporary, initial and modification order. �Child custody determination� does not include an order relating to child support or other monetary obligation of an individual. ����� (4) �Child custody proceeding� means a proceeding in which legal custody, physical custody, parenting time or visitation with respect to a child is an issue. �Child custody proceeding� includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, parentage, termination of parental rights and protection from domestic violence in which the issue may appear. �Child custody proceeding� does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under ORS 109.774 to 109.827. ����� (5) �Commencement� means the filing of the first pleading in a proceeding. ����� (6) �Court� means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. ����� (7) �Home state� means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, �home state� means the state in which the child lived from birth with any of the persons mentioned. Any temporary absence of any of the mentioned persons is part of the period. ����� (8) �Initial determination� means the first child custody determination concerning a particular child. ����� (9) �Issuing court� means the court that makes a child custody determination for which enforcement is sought under ORS 109.701 to 109.834. ����� (10) �Issuing state� means the state in which a child custody determination is made. ����� (11) �Modification� means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. ����� (12) �Person� means an individual, corporation, public corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or a governmental subdivision, agency or instrumentality, or any other legal or commercial entity. ����� (13) �Person acting as a parent� means a person, other than a parent, who: ����� (a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and ����� (b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state. ����� (14) �Physical custody� means the physical care and supervision of a child. ����� (15) �State� means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. ����� (16) �Tribe� means an Indian tribe or band, or Alaska Native village, that is recognized by federal law or formally acknowledged by a state. ����� (17) �Warrant� means an order issued by a court authorizing law enforcement officers to take physical custody of a child. [1999 c.649 �2; 2003 c.576 �159; 2017 c.651 �34; 2021 c.97 �13] ����� Note: See note under 109.701. ����� 109.707 Proceedings governed by other law. ORS 109.701 to 109.834 do not govern a proceeding pertaining to the authorization of emergency medical care for a child. [1999 c.649 �3] ����� Note: See note under 109.701. ����� 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 pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), is not subject to ORS 109.701 to 109.834 to the extent that the proceeding is governed by the Indian Child Welfare Act. ����� (2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying ORS 109.701 to 109.771. ����� (3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of ORS 109.701 to 109.834 must be recognized and enforced under ORS 109.774 to 109.827. [1999 c.649 �4] ����� Note: See note under 109.701. ����� 109.714 International application of ORS 109.701 to 109.834. (1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying ORS 109.701 to 109.771. ����� (2) Except as otherwise provided in subsection (3) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of ORS 109.701 to 109.834 must be recognized and enforced under ORS 109.774 to 109.827. ����� (3) A court of this state need not apply ORS 109.701 to 109.834 if the child custody law of a foreign country violates fundamental principles of human rights. [1999 c.649 �5] ����� Note: See note under 109.701. ����� 109.717 Effect of child custody determination. A child custody determination made by a court of this state that has jurisdiction under ORS 109.701 to 109.834 binds all persons who have been served in accordance with the laws of this state or notified in accordance with ORS 109.724 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. [1999 c.649 �6] ����� Note: See note under 109.701. ����� 109.720 [1973 c.375 ��1,23; repealed by 1999 c.649 �55] ����� 109.721 Priority. If a question of existence or exercise of jurisdiction under ORS 109.701 to 109.834 is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. [1999 c.649 �7] ����� Note: See note under 109.701. ����� 109.724 Notice to persons outside state. (1) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. ����� (2) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. If service is made by mail, proof of service may be a receipt signed by the addressee or other evidence of delivery to the addressee. ����� (3) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. [1999 c.649 �8] ����� Note: See note under 109.701. ����� 109.727 Appearance and limited immunity. (1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. ����� (2) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state. ����� (3) The immunity granted by subsection (1) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under ORS 109.701 to 109.834 committed by an individual while present in this state. [1999 c.649 �9] ����� Note: See note under 109.701. ����� 109.730 [1973 c.375 �3; repealed by 1999 c.649 �55] ����� 109.731 Communication between courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 109.701 to 109.834. ����� (2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. ����� (3) Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication. ����� (4) Except as otherwise provided in subsection (3) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record. ����� (5) For the purposes of this section, �record� means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [1999 c.649 �10] ����� Note: See note under 109.701. ����� 109.734 Taking testimony in another state. (1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. ����� (2) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. ����� (3) Documentary evidence transmitted from another state to a court of this state by technological means that does not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. [1999 c.649 �11] ����� Note: See note under 109.701. ����� 109.737 Cooperation between courts; preservation of records. (1) A court of this state may request the appropriate court of another state to: ����� (a) Hold an evidentiary hearing; ����� (b) Order a person to produce or give evidence pursuant to procedures of that state; ����� (c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; ����� (d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and ����� (e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. ����� (2) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1) of this section. ����� (3) Travel and other necessary and reasonable expenses incurred under subsections (1) and (2) of this section may be assessed against the parties according to the law of this state. ����� (4) A court of this state shall preserve the pleadings, orders, judgments, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding for the time required by the retention schedule adopted under ORS 8.125 (11). The retention schedule shall require retention at least until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. [1999 c.649 �12; 2003 c.576 �160] ����� Note: See note under 109.701. ����� 109.740 [1973 c.375 �4; repealed by 1999 c.649 �55] (Jurisdiction) ����� 109.741 Initial child custody jurisdiction. (1) Except as otherwise provided in ORS 109.751, a court of this state has jurisdiction to make an initial child custody determination only if: ����� (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; ����� (b) A court of another state does not have jurisdiction under subsection (1)(a) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under ORS 109.761 or 109.764, and: ����� (A) The child and the child�s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and ����� (B) Substantial evidence is available in this state concerning the child�s care, protection, training and personal relationships; ����� (c) All courts having jurisdiction under subsection (1)(a) or (b) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under ORS 109.761 or 109.764; or ����� (d) No court of any other state would have jurisdiction under the criteria specified in subsection (1)(a), (b) or (c) of this section. ����� (2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. ����� (3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination. [1999 c.649 �13] ����� Note: See note under 109.701. ����� 109.744 Exclusive, continuing jurisdiction. (1) Except as otherwise provided in ORS 109.751, a court of this state that has made a child custody determination consistent with ORS 109.741 or 109.747 has exclusive, continuing jurisdiction over the determination until: ����� (a) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child�s care, protection, training and personal relationships; or ����� (b) A court of this state or a court of another state determines that the child, the child�s parents and any person acting as a parent do not presently reside in this state. ����� (2) A court of this state that has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if the court has jurisdiction to make an initial determination under ORS 109.741. [1999 c.649 �14] ����� Note: See note under 109.701. ����� 109.747 Jurisdiction to modify determination. Except as otherwise provided in ORS 109.751, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under ORS 109.741 (1)(a) or (b) and: ����� (1) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under ORS 109.744 or that a court of this state would be a more convenient forum under ORS 109.761; or ����� (2) A court of this state or a court of the other state determines that the child, the child�s parents and any person acting as a parent do not presently reside in the other state. [1999 c.649 �15] ����� Note: See note under 109.701. ����� 109.750 [1973 c.375 �5; repealed by 1999 c.649 �55] ����� 109.751 Temporary emergency jurisdiction. (1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. ����� (2) If there is no previous child custody determination that is entitled to be enforced under ORS 109.701 to 109.834 and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ORS 109.741 to 109.747, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ORS 109.741 to 109.747. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ORS 109.741 to 109.747, a child custody determination made under this section becomes a final determination if the determination so provides and this state becomes the home state of the child. ����� (3) If there is a previous child custody determination that is entitled to be enforced under ORS 109.701 to 109.834, or a child custody proceeding has been commenced in a court of a state having jurisdiction under ORS 109.741 to 109.747, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ORS 109.741 to 109.747. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. ����� (4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ORS 109.741 to 109.747, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under ORS 109.741 to 109.747, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order. [1999 c.649 �16] ����� Note: See note under 109.701. ����� 109.754 Notice; opportunity to be heard; joinder. (1) Before a child custody determination is made under ORS 109.701 to 109.834, notice and an opportunity to be heard in accordance with the standards of ORS 109.724 must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated and any person having physical custody of the child. ����� (2) ORS 109.701 to 109.834 do not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. ����� (3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under ORS 109.701 to 109.834 are governed by the law of this state as in child custody proceedings between residents of this state. [1999 c.649 �17] ����� Note: See note under 109.701. ����� 109.757 Simultaneous proceedings. (1) Except as otherwise provided in ORS 109.751, a court of this state may not exercise its jurisdiction under ORS 109.741 to 109.771 if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with ORS 109.701 to 109.834, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under ORS 109.761. ����� (2) Except as otherwise provided in ORS 109.751, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties under ORS 109.767. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with ORS 109.701 to 109.834, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with ORS 109.701 to 109.834 does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding. ����� (3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may: ����� (a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying or dismissing the proceeding for enforcement; ����� (b) Enjoin the parties from continuing with the proceeding for enforcement; or ����� (c) Proceed with the modification under conditions it considers appropriate. [1999 c.649 �18] ����� Note: See note under 109.701. ����� 109.760 [1973 c.375 �6; repealed by 1999 c.649 �55] ����� 109.761 Inconvenient forum. (1) A court of this state that has jurisdiction under ORS 109.701 to 109.834 to make a child custody determination may decline to exercise its jurisdiction at any time if the court determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court�s own motion or the request of another court. ����� (2) Before determining whether a court of this state is an inconvenient forum, the court shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including: ����� (a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child; ����� (b) The length of time the child has resided outside this state; ����� (c) The distance between the court in this state and the court in the state that would assume jurisdiction; ����� (d) The relative financial circumstances of the parties; ����� (e) Any agreement of the parties as to which state should assume jurisdiction; ����� (f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child; ����� (g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and ����� (h) The familiarity of the court of each state with the facts and issues in the pending litigation. ����� (3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper. ����� (4) A court of this state may decline to exercise its jurisdiction under ORS 109.701 to 109.834 if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. [1999 c.649 �19] ����� Note: See note under 109.701. ����� 109.764 Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in ORS 109.751 or 419B.100, if a court of this state has jurisdiction under ORS 109.701 to 109.834 because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct to so invoke the jurisdiction, the court shall decline to exercise its jurisdiction unless: ����� (a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction; ����� (b) A court of the state otherwise having jurisdiction under ORS 109.741 to 109.747 determines that this state is a more appropriate forum under ORS 109.761; or ����� (c) No court of any other state would have jurisdiction under the criteria specified in ORS 109.741 to 109.747. ����� (2) If a court of this state declines to exercise its jurisdiction under subsection (1) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under ORS 109.741 to 109.747. ����� (3) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction under subsection (1) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care expenses during the course of the proceeding unless the party from whom necessary and reasonable expenses are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this state unless authorized by law other than ORS 109.701 to 109.834. [1999 c.649 �20] ����� Note: See note under 109.701. ����� 109.767 Information to be submitted to court. (1) In a child custody proceeding, each party, in its first pleading or in an attached affidavit or declaration under penalty of perjury in the form required by ORCP 1 E, shall give information, if reasonably ascertainable, as to the child�s present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period. If the information is given in the party�s first pleading, the pleading must include an affidavit or a declaration under penalty of perjury. The pleading, or attached affidavit or declaration under penalty of perjury, must state whether the party: ����� (a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, identify the court, the case number and the date of the child custody determination, if any; ����� (b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; and ����� (c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time or visitation with, the child and, if so, the names and addresses of those persons. ����� (2) If the information required by subsection (1) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. ����� (3) If the information as to any of the items described in subsection (1) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court�s jurisdiction and the disposition of the case. ����� (4) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. ����� (5) If a party alleges in the first pleading, or in an attached affidavit or declaration under penalty of perjury, that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice. Costs incurred by the court when special notice procedures are made necessary by the nondisclosure of identifying information shall be paid by the parties as deemed appropriate by the court. [1999 c.649 �21; 2015 c.121 �10] ����� Note: See note under 109.701. ����� 109.770 [1973 c.375 �7; 1981 c.897 �34; repealed by 1999 c.649 �55] ����� 109.771 Appearance of parties and child. (1) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child. ����� (2) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given under ORS 109.724 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party. ����� (3) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. ����� (4) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (2) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party and the child so appearing. [1999 c.649 �22] ����� Note: See note under 109.701. (Enforcement) ����� 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 of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. ����� (2) �Respondent� means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. [1999 c.649 �23] ����� Note: See note under 109.701. ����� 109.777 Enforcement under Hague Convention. Under ORS 109.774 to 109.827, a court of this state may also enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if the order were a child custody determination. [1999 c.649 �24] ����� Note: See note under 109.701. ����� 109.780 [1973 c.375 �8; 1981 c.897 �35; repealed by 1999 c.649 �55] ����� 109.781 Duty to enforce. (1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with ORS 109.701 to 109.834 or the determination was made under factual circumstances meeting the jurisdictional standards of ORS 109.701 to 109.834 and the determination has not been modified in accordance with ORS 109.701 to 109.834. ����� (2) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in ORS 109.774 to 109.827 are cumulative and do not affect the availability of other remedies to enforce a child custody determination. [1999 c.649 �25] ����� Note: See note under 109.701. ����� 109.784 Temporary order for parenting time or visitation. In a child custody enforcement proceeding authorized by law: ����� (1) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: ����� (a) A parenting time or visitation schedule made by a court of another state; or ����� (b) The visitation or parenting time provisions of a child custody determination of another state that permit visitation or parenting time but do not provide for a specific visitation or parenting time schedule. ����� (2) If a court of this state makes an order under subsection (1)(b) of this section, the court shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in ORS 109.741 to 109.771. The order remains in effect until an order is obtained from the other court or the period expires. [1999 c.649 �26] ����� Note: See note under 109.701. ����� 109.787 Registration of child custody determination; notice; fee; hearing. (1) A child custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to any circuit court in this state: ����� (a) A letter or other document requesting registration; ����� (b) The filing fee established under ORS 21.145; ����� (c) One certified copy of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and ����� (d) Except as otherwise provided in ORS 109.767, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, parenting time or visitation in the child custody determination sought to be registered. ����� (2) On receipt of the documents required by subsection (1) of this section, the registering court shall cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form. ����� (3) The person seeking registration of a child custody determination shall serve notice upon the persons named under subsection (1)(d) of this section notifying them of the opportunity to contest the registration in accordance with this section. ����� (4) The notice required by subsection (3) of this section must state that: ����� (a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state; ����� (b) A hearing to contest the validity of the registered determination must be requested within 21 days after service of notice; and ����� (c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. ����� (5) A person seeking to contest the validity of a registered order must request a hearing within 21 days after service of the notice and pay the filing fee established under ORS 21.145. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: ����� (a) The issuing court did not have jurisdiction under ORS 109.741 to 109.771; ����� (b) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 to 109.771; or ����� (c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of ORS 109.724, in the proceedings before the court that issued the order for which registration is sought. ����� (6) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. ����� (7) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [1999 c.649 �27; 2011 c.595 �34; 2025 c.256 �9] ����� Note: See note under 109.701. ����� 109.790 [1973 c.375 �9; 1997 c.707 �24; repealed by 1999 c.649 �55] ����� 109.791 Enforcement of registered determination. (1) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state. ����� (2) A court of this state shall recognize and enforce, but may not modify, except in accordance with ORS 109.741 to 109.771, a registered child custody determination of a court of another state. [1999 c.649 �28] ����� Note: See note under 109.701. ����� 109.794 Simultaneous proceedings. If a proceeding for enforcement under ORS 109.774 to 109.827 is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under ORS 109.741 to 109.771, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding. [1999 c.649 �29] ����� Note: See note under 109.701. ����� 109.797 Expedited enforcement of child custody determination. (1) A petition under ORS 109.774 to 109.827 must be verified. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. A copy of a certified copy of an order may be attached instead of the original. ����� (2) A petition for enforcement of a child custody determination must state: ����� (a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; ����� (b) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under ORS 109.701 to 109.834 and, if so, must identify the court, the case number and the nature of the proceeding; ����� (c) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, must identify the court, the case number and the nature of the proceeding; ����� (d) The present physical address of the child and the respondent, if known; ����� (e) Whether relief in addition to the immediate physical custody of the child and attorney fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought; and ����� (f) If the child custody determination has been registered and confirmed under ORS 109.787, the date and place of registration. ����� (3) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. If the court issues an order, the order shall be served in the manner the court determines to be appropriate under the circumstances of the case and may include service by the sheriff. The person requesting the order shall pay the costs of service. The court shall hold the hearing as soon as reasonably possible and shall expedite the hearing if it finds an emergency is present. ����� (4) An order issued under subsection (3) of this section must state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and will order the payment of fees, costs and expenses under ORS 109.811, and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes that: ����� (a) The child custody determination has not been registered and confirmed under ORS 109.787 and that: ����� (A) The issuing court did not have jurisdiction under ORS 109.741 to 109.771; ����� (B) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 to 109.771; or ����� (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of ORS 109.724, in the proceedings before the court that issued the order for which enforcement is sought; or ����� (b) The child custody determination for which enforcement is sought was registered and confirmed under ORS 109.787, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under ORS 109.741 to 109.771. [1999 c.649 �30] ����� Note: See note under 109.701. ����� 109.800 [1973 c.375 �10; 1997 c.707 �25; repealed by 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 a child custody determination must be served by the petitioner, by any method authorized for service of process within this state, upon the respondent and any person who has physical custody of the child. [1999 c.649 �31] ����� Note: See note under 109.701. ����� 109.804 Immediate physical custody of child; exceptions; spousal privilege in certain proceedings. (1) Unless the court issues a temporary emergency order under ORS 109.751, upon a finding that a petitioner is entitled to immediate physical custody of the child under the controlling child custody determination, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: ����� (a) The child custody determination has not been registered and confirmed under ORS 109.787 and that: ����� (A) The issuing court did not have jurisdiction under ORS 109.741 to 109.771; ����� (B) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under ORS 109.741 to 109.771; or ����� (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of ORS 109.724, in the proceedings before the court that issued the order for which enforcement is sought; or ����� (b) The child custody determination for which enforcement is sought was registered and confirmed under ORS 109.787, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under ORS 109.741 to 109.771. ����� (2) The court shall award the fees, costs and expenses authorized under ORS 109.811, may grant additional relief, including a request for the assistance of law enforcement officials, and may set further hearings, if necessary, to determine whether additional relief is appropriate. ����� (3) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under ORS 109.774 to 109.827. [1999 c.649 �32] ����� Note: See note under 109.701. ����� 109.807 Warrant to take physical custody of child. (1) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state. ����� (2) If the court, upon the testimony of the petitioner or other witness, is satisfied that there is probable cause to believe that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by ORS 109.797 (2). ����� (3) A warrant to take physical custody of a child must: ����� (a) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based; ����� (b) Direct law enforcement officers to take physical custody of the child immediately; and ����� (c) Provide for the placement of the child pending final relief. ����� (4) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody. ����� (5) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour. ����� (6) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child�s custodian. [1999 c.649 �33] ����� Note: See note under 109.701. ����� 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 reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses and child care expenses during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate. An award may be inappropriate if the award would cause the parent or child to seek public assistance or medical assistance, as defined in ORS 414.025. ����� (2) The court may not assess fees, costs or expenses against a state unless authorized by law other than ORS 109.701 to 109.834. [1999 c.649 �34; 2013 c.688 �13] ����� Note: See note under 109.701. ����� 109.814 Recognition and enforcement. A court of this state shall accord full faith and credit to an order issued by another state and consistent with ORS 109.701 to 109.834 that enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 to 109.771. [1999 c.649 �35] ����� Note: See note under 109.701. ����� 109.817 Appeals. An appeal may be taken from a final order in a proceeding under ORS 109.774 to 109.827 in accordance with ORS chapter 19. Unless the court enters a temporary emergency order under ORS 109.751, the enforcing court may not stay an order enforcing a child custody determination pending appeal. [1999 c.649 �36] ����� Note: See note under 109.701. ����� 109.820 [1973 c.375 �12; repealed by 1999 c.649 �55] ����� 109.821 Role of district attorney. (1) In a case arising under ORS 109.701 to 109.834 or involving the Hague Convention on the Civil Aspects of International Child Abduction, the district attorney may take any lawful action, including resort to a proceeding under ORS 109.774 to 109.827 or any other available civil proceeding, to locate a child, obtain the return of a child or enforce a child custody determination if there is: ����� (a) An existing child custody determination; ����� (b) A request to do so from a court in a pending child custody proceeding; ����� (c) A reasonable belief that a criminal statute has been violated; or ����� (d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction. ����� (2) A district attorney acting under this section acts on behalf of the state to protect the state�s interest in the enforcement of ORS 109.701 to 109.834 and may not represent any party. [1999 c.649 �37] ����� Note: See note under 109.701. ����� 109.824 Role of law enforcement officer. At the request of a district attorney acting under ORS 109.821, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a district attorney with responsibilities under ORS 109.821. [1999 c.649 �38] ����� Note: See note under 109.701. ����� 109.827 Costs and expenses of district attorney and law enforcement officers. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the district attorney and law enforcement officers under ORS 109.821 or 109.824. [1999 c.649 �39] ����� Note: See note under 109.701. ����� 109.830 [1973 c.375 �13; repealed by 1999 c.649 �55] (Miscellaneous Provisions) ����� 109.831 Application and construction. In applying and construing ORS 109.701 to 109.834, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [1999 c.649 �40] ����� Note: See note under 109.701. ����� 109.834 Severability clause. If any provision of ORS 109.701 to 109.834 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of ORS 109.701 to 109.834 that can be given effect without the invalid provision or application, and to this end the provisions of ORS 109.701 to 109.834 are severable. [1999 c.649 �41] ����� Note: See note under 109.701. ����� 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] PENALTY ����� 109.990 Penalty. (1) A person who violates ORS 109.281 (3) or who submits a false statement under ORS 109.281 (1) commits a Class C felony. ����� (2) A person who violates any provision of ORS 109.281 (4) or 109.502 to 109.507 or any rule adopted pursuant to ORS 109.506 commits a Class A misdemeanor. [1985 c.403 �2 (4); 1993 c.717 �5; subsection (3) of 1993 Edition enacted as 1993 c.410 �9; 1995 c.79 �44; 1995 c.730 �4] ����� Note: See note under 109.425. _______________