Oregon Chapter 109
Chapter 109 — Parent and Child Rights and RelationshipsDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 109 —
Parent and Child Rights and Relationships
2007 EDITION
PARENT AND CHILD RIGHTS AND RELATIONSHIPS
DOMESTIC RELATIONS
PARENT AND CHILD RELATIONSHIP
109.001 Breast-feeding
in public place
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
109.070 Establishing
paternity
109.072 Petition
to vacate or set aside paternity determination
109.073 Social
Security number of parent in paternity order
109.090 Interpretation
of ORS 109.060 to 109.090
109.092 Establishing
paternity by acknowledgment; mother surrendering child for adoption
109.094 Rights
of father when paternity established; procedure when paternity established
109.096 Notice
to putative father when paternity not established
109.098 Objection
of putative father 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
109.112 Mother,
father or putative father deemed to have attained majority
109.116 Validity
of putative father’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
FILIATION PROCEEDINGS
109.124 Definitions
for ORS 109.124 to 109.230
109.125 Who
may initiate proceedings; petition; parties
109.135 Circuit
court jurisdiction; equity suit; place of commencement
109.145 Court
may proceed despite failure to appear; evidence required
109.155 Hearing;
order for payment for support of child and other costs; policy regarding
settlement; enforcement of settlement terms; remedies
109.165 Vacation
or modification of judgment; policy regarding settlement; enforcement of
settlement terms; remedies
109.175 Determination
of legal custody after paternity established
109.225 Notice
to Center for Health Statistics after petition filed; filing notice
109.230 Legality
of contract between mother and father of child born out of wedlock
109.231 Records
open to public
109.237 Attorney
fees
ARTIFICIAL INSEMINATION
109.239 Rights
and obligations of children resulting from artificial insemination; rights and
obligations of donor of semen
109.243 Relationship
of child resulting from artificial insemination to mother’s husband
109.247 Application
of law to children resulting from artificial insemination
UNIFORM ACT ON BLOOD TESTS TO DETERMINE
PATERNITY
109.250 Short
title
109.251 “Blood
tests” defined
109.252 Authority
for blood test; effect of refusal to submit to test; payment for test
109.254 Selection
of experts to make tests; admissible evidence
109.256 Compensation
of experts
109.258 Effect
of test results
109.259 Temporary
child support pending determination of paternity
109.260 Applicability
to criminal actions
109.262 Uniformity
of interpretation
109.264 Parties
ADOPTION
109.304 Definitions
for ORS 109.305 to 109.410; information in placement report
109.305 Interpretation
of adoption laws; agreement for continuing contact
109.307 Court
required to act within six months of filing of petition for adoption; duty of
clerk
109.308 Confidentiality
of petitioners
109.309 Petition
for adoption; residency requirement; where filed; venue; notice; placement
report; fee; rules
109.311 Financial
disclosure statement to be filed with petition; placement report required;
exception; prohibited fees; advertising
109.312 Consent
to adoption
109.314 Consent
when custody of child has been awarded in divorce proceedings
109.316 Consent
by Department of Human Services or approved child-caring agency of this state
109.318 Consent
by organization located outside
109.322 Consent
when parent mentally ill, mentally retarded or imprisoned
109.324 Consent
when parent has deserted or neglected child
109.326 Consent
when husband not father
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
to nonconsenting parent; notice when child has no parent, guardian or next of
kin
109.332 Grandparent
visitation in stepparent adoption
109.335 Appointment
of guardian pending further adoption proceedings
109.342 Medical
history of child and biological parents required; content; delivery to adoptive
parent and to adoptee on majority
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
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
109.385 Certain
adoptions in foreign nations recognized; evidence
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; fee; persons eligible to receive copy; status
VOLUNTARY ADOPTION REGISTRY
109.425 Definitions
for ORS 109.425 and 109.435 to 109.507
109.430 Policy
and purpose
109.435 Adoption
records to be permanently maintained
109.440 Information
confidential; exceptions
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
109.465 Content
of affidavit; notice of change in information
109.470 Continuing
registration by birth parent or putative father
109.475 Processing
affidavits
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, putative father or genetic siblings; 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
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
AGE OF MAJORITY
109.510 Age
of majority
109.520 Majority
of married persons
RIGHTS OF MINORS
109.610 Right
to treatment for venereal disease without parental consent
109.640 Right
to medical or dental treatment without parental consent; provision of birth
control information and services to any person
109.650 Disclosure
without minor’s consent and without liability
109.660 Construction
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
without minor’s consent; civil immunity
109.685 Person
providing treatment or diagnosis not subject to civil liability for providing
treatment or diagnosis without consent of parent or guardian
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; 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 allowed; exceptions; spousal privilege not allowed 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.
109.003
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 man who
is asserted to be a parent of the minor child only when:
(A) A voluntary acknowledgment of
paternity form has been filed in this or another state and the period for
rescinding or challenging the voluntary acknowledgment on grounds other than
fraud, duress or material mistake of fact has expired; or
(B) Paternity has been established
pursuant to an order or judgment entered under ORS 109.124 to 109.230 or
416.430.
(c) As used in this subsection, “expenses
of a minor child” includes only expenses incurred for the benefit of a minor
child.
(2) Notwithstanding subsection (1) of this
section, a parent is not responsible for debts contracted by the other parent
after the separation of one parent from the other parent, except for debts
incurred for maintenance, support and education of the minor child of the
parents.
(3) For the purposes of subsection (2) of this
section, parents are considered separated if they are living in separate
residences without intention of reconciliation at the time the debt is
incurred. The court may consider the following factors in determining whether
the parents are separated, in addition to other relevant factors:
(a) Whether the parents subsequently
reconciled.
(b) The number of separations and
reconciliations of the parents.
(c) The length of time the parents lived
apart.
(d) Whether the parents intend to
reconcile.
(4) An action under this section must be
commenced within the period otherwise provided by law. [2005 c.732 §2]
109.015
Proceedings for child support if child receives public assistance. If public assistance, as defined in ORS
416.400, is provided for any dependent child, the administrator, as defined in
ORS 25.010, may initiate proceedings under ORS chapter 18, 107, 108, 109, 110
or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 416.400 to 416.465, 419B.400 or
419C.590 to obtain support for the child from one or both parents or from any
other person legally responsible for the support of the child, including a
guardian or conservator. In any proceeding under any statute cited in this
section, the obligee is a party. [1983 c.767 §2; 1985 c.671 §44c; 1991 c.67 §22;
1993 c.33 §371; 1993 c.596 §19; 1993 c.798 §45; 1995 c.608 §36; 1997 c.249 §37;
2003 c.73 §54; 2003 c.572 §14; 2003 c.576 §577b; 2007 c.643 §2]
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 the mother is as fully
entitled to the custody and control of the children and their earnings as the
father. In case of the father’s death, the mother shall come into as full and
complete control of the children and their estate as the father does in case of
the mother’s death.
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
(C) Has local laws or practices that would
restrict the other parent of the minor child from freely traveling to or exiting
from the country because of the gender, race or religion of the other parent;
(D) Has local laws or practices that would
restrict the ability of the minor child from legally leaving the country after
the child reaches the age of majority because of the gender, race or religion
of the child; or
(E) Poses a significant risk that the
physical health or safety of the minor child would be endangered in the country
because of war, human rights violations or specific circumstances related to
the needs of the child.
(2) A court that finds by clear and
convincing evidence a risk of international abduction of a minor child may
issue a court order requiring a parent who is subject to a custody order and
who plans to travel with a minor child to a foreign country to provide
security, bond or other guarantee as described in subsection (4) of this
section.
(3) In determining whether a risk of
international abduction of a minor child exists, a court shall consider the
following factors involving a parent who is subject to a custody order:
(a) The parent has taken or retained,
attempted to take or retain or threatened to take or retain a minor child in
violation of state law or a valid custody order and the parent is unable to
present clear and convincing evidence that the parent believed in good faith
that the conduct was necessary to avoid imminent harm to the parent or the
child;
(b) The parent has recently engaged in a
pattern of activities that indicates the parent is planning to abduct the minor
child from this country;
(c) The parent has strong familial,
emotional or cultural connections to this country or another country,
regardless of citizenship or residency status; and
(d) Any other relevant factors.
(4) A security, bond or other guarantee
required by a court under this section may include, but is not limited to, any
of the following:
(a) A bond or security deposit in an
amount that is sufficient to offset the cost of recovering the minor child if
the child is abducted;
(b) Supervised parenting time; or
(c) Passport and travel controls,
including but not limited to controls that:
(A) Prohibit the parent from removing the
minor child from this state or this country;
(B) Require the parent to surrender a
passport or an international travel visa that is issued in the name of the
minor child or jointly in the names of the parent and the child;
(C) Prohibit the parent from applying for
a new or replacement passport or international travel visa on behalf of the
minor child; and
(D) Require the parent to provide to a
relevant embassy or consulate and to the Office of Children’s Issues in the
United States Department of State the following documents:
(i) Written notice of passport and travel
controls required under this paragraph; and
(ii) A certified copy of a court order
issued under this section.
(5) After considering the factors under
subsection (3) of this section and requiring a security, bond or other
guarantee under this section, the court shall issue a written determination
supported by findings of fact and conclusions of law.
(6) Nothing in this section is intended to
limit the inherent power of a court in matters relating to children. [2003
c.532 §1; 2005 c.22 §85]
Note: The amendments to 109.035 by section 17,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed
with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 109.035 by section 17, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 109.035, as amended by section
17, chapter 100, Oregon Laws 2007, is set forth for the user’s convenience.
109.035. (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
(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 or sexual
orientation 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 or
sexual orientation 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 i