2005 Oregon Code - Chapter 109 :: Chapter 109 - Parent and Child Rights and Relationships
Chapter 109 — Parent and Child Rights and Relationships
2005 EDITION
PARENT AND CHILD RIGHTS AND RELATIONSHIPS
DOMESTIC RELATIONS
PARENT AND CHILD RELATIONSHIP
109.001Â Â Â Â Breast-feeding in public place
109.003Â Â Â Â Attorney fees; intervenor
109.010Â Â Â Â Duty of support
109.012Â Â Â Â Liability of parents for expenses and education of children
109.015Â Â Â Â Proceedings for child support if child receives public assistance
109.020Â Â Â Â When childÂ’s maintenance and education may be defrayed out of income of own property
109.030Â Â Â Â Equality in rights and responsibilities of parents
109.035Â Â Â Â Security required before foreign travel with child
109.041Â Â Â Â Relationship between adopted child and natural and adoptive parents
109.050Â Â Â Â Relation of adopted child to adoptive parents
109.056Â Â Â Â Delegation of certain powers by parent or guardian; delegation during period of military service
109.060Â Â Â Â Legal status and legal relationships when parents not married
109.070Â Â Â Â Establishing paternity
109.073Â Â Â Â Social Security number of parent in paternity order
109.090Â Â Â Â Interpretation of ORS 109.060 to 109.090
109.092Â Â Â Â Establishing paternity by acknowledgment; mother surrendering child for adoption
109.094Â Â Â Â Rights of father when paternity established; procedure when paternity established
109.096Â Â Â Â Notice to putative father when paternity not established
109.098Â Â Â Â Objection of putative father in proceeding referred to in ORS 109.096; effect of failure to appear and object
109.100Â Â Â Â Petition for support; effect of judgment; parties
109.103Â Â Â Â Proceeding to determine custody or support of child
109.112Â Â Â Â Mother, father or putative father deemed to have attained majority
109.116Â Â Â Â Validity of putative fatherÂ’s authorization, release or waiver
109.118Â Â Â Â Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child
109.119Â Â Â Â Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention
FILIATION PROCEEDINGS
109.124Â Â Â Â Definitions for ORS 109.124 to 109.230
109.125Â Â Â Â Who may initiate proceedings; petition; parties
109.135Â Â Â Â Circuit court jurisdiction; equity suit; place of commencement
109.145Â Â Â Â Court may proceed despite failure to appear; evidence required
109.155Â Â Â Â Hearing; order for payment for support of child and other costs; policy regarding settlement; enforcement of settlement terms; remedies
109.165Â Â Â Â Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies
109.175Â Â Â Â Determination of legal custody after paternity established
109.225Â Â Â Â Notice to Center for Health Statistics after petition filed; filing notice
109.230Â Â Â Â Legality of contract between mother and father of child born out of wedlock
109.231Â Â Â Â Records open to public
109.237Â Â Â Â Attorney fees
ARTIFICIAL INSEMINATION
109.239Â Â Â Â Rights and obligations of children resulting from artificial insemination; rights and obligations of donor of semen
109.243Â Â Â Â Relationship of child resulting from artificial insemination to motherÂ’s husband
109.247Â Â Â Â Application of law to children resulting from artificial insemination
UNIFORM ACT ON BLOOD TESTS TO DETERMINE PATERNITY
109.250Â Â Â Â Short title
109.251    “Blood tests” defined
109.252Â Â Â Â Authority for blood test; effect of refusal to submit to test; payment for test
109.254Â Â Â Â Selection of experts to make tests; admissible evidence
109.256Â Â Â Â Compensation of experts
109.258Â Â Â Â Effect of test results
109.259Â Â Â Â Temporary child support pending determination of paternity
109.260Â Â Â Â Applicability to criminal actions
109.262Â Â Â Â Uniformity of interpretation
109.264Â Â Â Â Parties
ADOPTION
109.304Â Â Â Â Definitions for ORS 109.305 to 109.410; information in placement report
109.305Â Â Â Â Interpretation of adoption laws; agreement for continuing contact
109.307Â Â Â Â Court required to act within six months of filing of petition for adoption; duty of clerk
109.308Â Â Â Â Confidentiality of petitioners
109.309Â Â Â Â Petition for adoption; residency requirement; where filed; venue; notice; placement report; fee; rules
109.311Â Â Â Â Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising
109.312Â Â Â Â Consent to adoption
109.314Â Â Â Â Consent when custody of child has been awarded in divorce proceedings
109.316Â Â Â Â Consent by Department of Human Services or approved child-caring agency of this state
109.318Â Â Â Â Consent by organization located outside Oregon
109.322Â Â Â Â Consent when parent mentally ill, mentally deficient or imprisoned
109.324Â Â Â Â Consent when parent has deserted or neglected child
109.326Â Â Â Â Consent when husband not father
109.328Â Â Â Â Consent of child 14 years of age or older
109.329Â Â Â Â Adoption of person 18 years of age or older or legally married
109.330Â Â Â Â Notice to nonconsenting parent; notice when child has no parent, guardian or next of kin
109.332Â Â Â Â Grandparent visitation in stepparent adoption
109.335Â Â Â Â Appointment of guardian pending further adoption proceedings
109.342Â Â Â Â Medical history of child and biological parents required; content; delivery to adoptive parent and to adoptee on majority
109.346Â Â Â Â Adoption-related counseling for birth parent
109.347Â Â Â Â Civil action for failure to pay for counseling; attorney fees
109.350Â Â Â Â Judgment of adoption
109.353Â Â Â Â Notice of voluntary adoption registry required before judgment entered; waiver
109.360Â Â Â Â Change of adopted childÂ’s name
109.381Â Â Â Â Effect of judgment of adoption
109.385Â Â Â Â Certain adoptions in foreign nations recognized; evidence
109.390Â Â Â Â Authority of Department of Human Services or child-caring agency in adoption proceedings
109.400Â Â Â Â Adoption report form
109.410Â Â Â Â Certificate of adoption; form; fee; persons eligible to receive copy; status
VOLUNTARY ADOPTION REGISTRY
109.425Â Â Â Â Definitions for ORS 109.425 and 109.435 to 109.507
109.430Â Â Â Â Policy and purpose
109.435Â Â Â Â Adoption records to be permanently maintained
109.440Â Â Â Â Information confidential; exceptions
109.445Â Â Â Â Information of registry confidential
109.450Â Â Â Â Child placement agency to maintain registry; Department of Human Services duties
109.455Â Â Â Â Persons eligible to use registry
109.460Â Â Â Â Persons eligible to register
109.465Â Â Â Â Content of affidavit; notice of change in information
109.470Â Â Â Â Continuing registration by birth parent or putative father
109.475Â Â Â Â Processing affidavits
109.480Â Â Â Â Counseling of registrant
109.485Â Â Â Â Registry information to be maintained permanently
109.490Â Â Â Â Limits on releasing information
109.495Â Â Â Â Registrant fee
109.500Â Â Â Â Genetic, social and health history; availability; fee
109.502Â Â Â Â Search for birth parents, putative father or genetic siblings; who may initiate; information required; fee
109.503Â Â Â Â Access to adoption records for search; duties of searcher
109.504Â Â Â Â Effect on subsequent searches when person sought in initial search refuses contact
109.505Â Â Â Â Support services; adoption and reunion issues
109.506Â Â Â Â Rulemaking; fees
109.507Â Â Â Â Access to Department of Human Services records required; access to private agency records discretionary
AGE OF MAJORITY
109.510Â Â Â Â Age of majority
109.520Â Â Â Â Majority of married persons
RIGHTS OF MINORS
109.610Â Â Â Â Right to treatment for venereal disease without parental consent
109.640Â Â Â Â Right to medical or dental treatment without parental consent; provision of birth control information and services to any person
109.650Â Â Â Â Disclosure without minorÂ’s consent and without liability
109.660Â Â Â Â Construction
109.670Â Â Â Â Right to donate blood
109.672Â Â Â Â Certain persons immune from liability for providing care to minor
109.675Â Â Â Â Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent
109.680Â Â Â Â Disclosure without minorÂ’s consent; civil immunity
109.685Â Â Â Â Person providing treatment or diagnosis not subject to civil liability for providing treatment or diagnosis without consent of parent or guardian
109.690Â Â Â Â Parent or guardian not liable for payment under ORS 109.675
109.695Â Â Â Â Rules for implementation of ORS 109.675 to 109.695
109.697Â Â Â Â Right to contract for dwelling unit and utilities without parental consent
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
(General Provisions)
109.701Â Â Â Â Short title
109.704Â Â Â Â Definitions for ORS 109.701 to 109.834
109.707Â Â Â Â Proceedings governed by other law
109.711Â Â Â Â Application to Indian tribes
109.714Â Â Â Â International application of ORS 109.701 to 109.834
109.717Â Â Â Â Effect of child custody determination
109.721Â Â Â Â Priority
109.724Â Â Â Â Notice to persons outside state
109.727Â Â Â Â Appearance and limited immunity
109.731Â Â Â Â Communication between courts
109.734Â Â Â Â Taking testimony in another state
109.737Â Â Â Â Cooperation between courts; preservation of records
(Jurisdiction)
109.741Â Â Â Â Initial child custody jurisdiction
109.744Â Â Â Â Exclusive, continuing jurisdiction
109.747Â Â Â Â Jurisdiction to modify determination
109.751Â Â Â Â Temporary emergency jurisdiction
109.754Â Â Â Â Notice; opportunity to be heard; joinder
109.757Â Â Â Â Simultaneous proceedings
109.761Â Â Â Â Inconvenient forum
109.764Â Â Â Â Jurisdiction declined by reason of conduct
109.767Â Â Â Â Information to be submitted to court
109.771Â Â Â Â Appearance of parties and child
(Enforcement)
109.774Â Â Â Â Definitions for ORS 109.774 to 109.827
109.777Â Â Â Â Enforcement under Hague Convention
109.781Â Â Â Â Duty to enforce
109.784Â Â Â Â Temporary order for parenting time or visitation
109.787Â Â Â Â Registration of child custody determination; notice; hearing
109.791Â Â Â Â Enforcement of registered determination
109.794Â Â Â Â Simultaneous proceedings
109.797Â Â Â Â Expedited enforcement of child custody determination
109.801Â Â Â Â Service of petition and order
109.804Â Â Â Â Immediate physical custody of child allowed; exceptions; spousal privilege not allowed in certain proceedings
109.807Â Â Â Â Warrant to take physical custody of child
109.811Â Â Â Â Costs, fees and expenses
109.814Â Â Â Â Recognition and enforcement
109.817Â Â Â Â Appeals
109.821Â Â Â Â Role of district attorney
109.824Â Â Â Â Role of law enforcement officer
109.827Â Â Â Â Costs and expenses of district attorney and law enforcement officers
(Miscellaneous Provisions)
109.831Â Â Â Â Application and construction
109.834Â Â Â Â Severability clause
PENALTY
109.990Â Â Â Â 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 acknowledgement on grounds other than fraud, duress or material mistake of fact has expired; or
     (B) Paternity has been established pursuant to an order or judgment entered under ORS 109.124 to 109.230 or 416.430.
     (c) As used in this subsection, “expenses of a minor child” includes only expenses incurred for the benefit of a minor child.
     (2) Notwithstanding subsection (1) of this section, a parent is not responsible for debts contracted by the other parent after the separation of one parent from the other parent, except for debts incurred for maintenance, support and education of the minor child of the parents.
     (3) For the purposes of subsection (2) of this section, parents are considered separated if they are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the parents are separated, in addition to other relevant factors:
     (a) Whether the parents subsequently reconciled.
     (b) The number of separations and reconciliations of the parents.
     (c) The length of time the parents lived apart.
     (d) Whether the parents intend to reconcile.
     (4) An action under this section must be commenced within the period otherwise provided by law. [2005 c.732 §2]
     109.015
Proceedings for child support if child receives public assistance. If
public assistance is provided for any dependent child, the administrator, as
defined in ORS 25.010, may initiate proceedings under ORS chapter 18, 107, 108,
109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 416.400 to 416.465,
419B.400 or 419C.590 to obtain support for the child from one or both parents
or from any other person legally responsible for the support of the child,
including a guardian or conservator. In any proceeding under any statute cited
in this section, the obligee is a party. [1983 c.767 §2; 1985 c.671 §44c; 1991
c.67 §22; 1993 c.33 §371; 1993 c.596 §19; 1993 c.798 §45; 1995 c.608 §36; 1997
c.249 §37; 2003 c.73 §54; 2003 c.572 §14; 2003 c.576 §577b]
     109.020
When childÂ’s maintenance and education may be defrayed out of income of own
property. If any minor, whose father is living, has property the income of
which is sufficient for the maintenance and education of the minor in a manner
more expensive than the father can reasonably afford, regard being had to the
situation of the fatherÂ’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]
     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 fatherÂ’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 motherÂ’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 United States of a parental abductor and minor child;
     (C) Has local laws or practices that would restrict the other parent of the minor child from freely traveling to or exiting from the country because of the gender, race or religion of the other parent;
     (D) Has local laws or practices that would restrict the ability of the minor child from legally leaving the country after the child reaches the age of majority because of the gender, race or religion of the child; or
     (E) Poses a significant risk that the physical health or safety of the minor child would be endangered in the country because of war, human rights violations or specific circumstances related to the needs of the child.
     (2) A court that finds by clear and convincing evidence a risk of international abduction of a minor child may issue a court order requiring a parent who is subject to a custody order and who plans to travel with a minor child to a foreign country to provide security, bond or other guarantee as described in subsection (4) of this section.
     (3) In determining whether a risk of international abduction of a minor child exists, a court shall consider the following factors involving a parent who is subject to a custody order:
     (a) The parent has taken or retained, attempted to take or retain or threatened to take or retain a minor child in violation of state law or a valid custody order and the parent is unable to present clear and convincing evidence that the parent believed in good faith that the conduct was necessary to avoid imminent harm to the parent or the child;
     (b) The parent has recently engaged in a pattern of activities that indicates the parent is planning to abduct the minor child from this country;
     (c) The parent has strong familial, emotional or cultural connections to this country or another country, regardless of citizenship or residency status; and
     (d) Any other relevant factors.
     (4) A security, bond or other guarantee required by a court under this section may include, but is not limited to, any of the following:
     (a) A bond or security deposit in an amount that is sufficient to offset the cost of recovering the minor child if the child is abducted;
     (b) Supervised parenting time; or
     (c) Passport and travel controls, including but not limited to controls that:
     (A) Prohibit the parent from removing the minor child from this state or this country;
     (B) Require the parent to surrender a passport or an international travel visa that is issued in the name of the minor child or jointly in the names of the parent and the child;
     (C) Prohibit the parent from applying for a new or replacement passport or international travel visa on behalf of the minor child; and
     (D) Require the parent to provide to a relevant embassy or consulate and to the Office of Children’s Issues in the United States Department of State the following documents:
     (i) Written notice of passport and travel controls required under this paragraph; and
     (ii) A certified copy of a court order issued under this section.
     (5) After considering the factors under subsection (3) of this section and requiring a security, bond or other guarantee under this section, the court shall issue a written determination supported by findings of fact and conclusions of law.
     (6) Nothing in this section is intended to limit the inherent power of a court in matters relating to children. [2003 c.532 §1; 2005 c.22 §85]
     Note: 109.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
     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 a guardian of a minor or incapacitated person, by a
properly executed power of attorney, may delegate to another person, for a
period not exceeding six months, any of the powers of the parent or guardian
regarding care, custody or property of the minor child or ward, except the
power to consent to marriage or adoption of a minor ward.
     (2) A parent or a guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months.
     (3) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section for a period not exceeding the term of active duty service plus 30 days when the parent or guardian is a member of the organized militia of this state or any other reserve component of the United States Armed Forces who is required to enter and serve in the active military service of the United States under a call or order by the President of the United States or to serve on active state duty as defined in ORS 398.002. If the minor child is living with the child’s other parent, delegation under this subsection must be to the parent with whom the minor child is living unless a court finds that such a delegation would not be in the best interests of the minor child. [Formerly 126.030; 2005 c.79 §4]
     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]
     109.070
Establishing paternity. (1) The paternity of a person may be established as
follows:
     (a) A child born in wedlock, there being no judgment of separation from bed or board, is presumed to be the child of the mother’s husband, whether or not the marriage of the husband and wife may be void. This is a disputable presumption.
     (b) By the marriage of the parents of a child after birth of the child.
     (c) By filiation proceedings.
     (d) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287. Except as otherwise provided in subsections (2) to (4) of this section, this filing establishes paternity for all purposes.
     (e) By having established paternity through a voluntary acknowledgment of paternity process in another state.
     (f) By paternity being established or declared by other provision of law.
     (2) A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of:
     (a) Sixty days after filing the acknowledgment; or
     (b) The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party. For the purposes of this paragraph, the date of a proceeding is the date on which an order is entered in the proceeding.
     (3)(a) A signed voluntary acknowledgment of paternity filed in this state may be challenged in circuit court:
     (A) After the 60-day period in a proceeding under section 9, chapter 160, Oregon Laws 2005.
     (B) At any time after the 60-day period on the basis of fraud, duress or a material mistake of fact by:
     (i) A party to the acknowledgment;
     (ii) The child named in the acknowledgment; or
     (iii) The Department of Human Services or the administrator, as defined in ORS 25.010, if the child named in the acknowledgment is in the care and custody of the department under ORS chapter 419B and the department or the administrator reasonably believes that the acknowledgment was obtained through fraud, duress or a material mistake of fact.
     (C) Within one year after the acknowledgment has been filed. Subsection (4) of this section applies to a challenge under this subparagraph. A challenge to the acknowledgment is not allowed more than one year after the acknowledgment has been filed, unless the provisions of subparagraph (A) or (B) of this paragraph apply.
     (b) Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause.
     (c) The party challenging an acknowledgment under this subsection has the burden of proof.
     (4)(a) Within one year after a voluntary acknowledgment of paternity form is filed in this state, a party to the acknowledgment, the child named in the acknowledgment or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court or to the administrator, as defined in ORS 25.010, for an order requiring that the mother, the child and the male party submit to blood tests as provided in ORS 109.250 to 109.262.
     (b) If the results of the tests performed under paragraph (a) of this subsection exclude the male party as a possible father of the child, or if the court determines under subsection (3) of this section that the male party is not the father of the child, a party to the challenge may apply to the court for a judgment of nonpaternity. The party that applied for the judgment shall send a certified true copy of the judgment to the State Registrar of the Center for Health Statistics and to the Department of Justice as the state disbursement unit. Upon receipt of a judgment of nonpaternity, the state registrar shall correct any records maintained by the state registrar that indicate that the male party is the parent of the child.
     (c) Child support payments made before entry of a judgment of nonpaternity may not be returned to the payer. [1957 c.411 §2; 1969 c.619 §11; 1971 c.127 §2; 1975 c.640 §3; 1983 c.709 §37; 1995 c.79 §37; 1995 c.514 §7; 1999 c.80 §20; 2001 c.455 §17; 2003 c.576 §136; 2005 c.160 §11]
     Note: The amendments to 109.070 by section 17, chapter 160, Oregon Laws 2005, become operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The text that is operative on and after January 2, 2008, is set forth for the user’s convenience.
     109.070.
(1) The paternity of a person may be established as follows:
     (a) The child of a wife cohabiting with her husband who was not impotent or sterile at the time of the conception of the child is conclusively presumed to be the child of her husband, whether or not the marriage of the husband and wife may be void.
     (b) A child born in wedlock, there being no judgment of separation from bed or board, is presumed to be the child of the mother’s husband, whether or not the marriage of the husband and wife may be void. This is a disputable presumption.
     (c) By the marriage of the parents of a child after birth of the child.
     (d) By filiation proceedings.
     (e) By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by ORS 432.287. Except as otherwise provided in subsections (2) to (4) of this section, this filing establishes paternity for all purposes.
     (f) By having established paternity through a voluntary acknowledgment of paternity process in another state.
     (g) By paternity being established or declared by other provision of law.
     (2) A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of:
     (a) Sixty days after filing the acknowledgment; or
     (b) The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party. For the purposes of this paragraph, the date of a proceeding is the date on which an order is entered in the proceeding.
     (3)(a) A signed voluntary acknowledgment of paternity filed in this state may be challenged in circuit court:
     (A) At any time after the 60-day period on the basis of fraud, duress or a material mistake of fact. The party bringing the challenge has the burden of proof.
     (B) Within one year after the acknowledgment has been filed, unless the provisions of subsection (4)(a) of this section apply. A challenge to the acknowledgment is not allowed more than one year after the acknowledgment has been filed, unless the provisions of subparagraph (A) of this paragraph apply.
     (b) Legal responsibilities arising from the acknowledgment, including child support obligations, may not be suspended during the challenge, except for good cause.
     (4)(a) Within one year after a voluntary acknowledgment of paternity form is filed in this state and if blood tests, as defined in ORS 109.251, have not been previously completed, a party to the acknowledgment or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court or to the administrator, as defined in ORS 25.010, for an order requiring that the mother, the child and the male party submit to blood tests as provided in ORS 109.250 to 109.262.
     (b) If the results of the tests performed under paragraph (a) of this subsection exclude the male party as a possible father of the child, a party or the state, if child support enforcement services are being provided under ORS 25.080, may apply to the court for a judgment of nonpaternity. The party that applied for the judgment shall send a certified true copy of the judgment to the State Registrar of the Center for Health Statistics and to the Department of Justice as the state disbursement unit. Upon receipt of a judgment of nonpaternity, the state registrar shall correct any records maintained by the state registrar that indicate that the male party is the parent of the child.
     (c) The state Child Support Program shall pay any costs for blood tests subject to recovery from the party who requested the tests.
     Note:
Sections 9 and 10, chapter 160, Oregon Laws 2005, provide:
     Sec.
9. (1) As used in this section, “legal father” includes a man whose
paternity has been established under ORS 109.070 (1) and a man who has been
ordered to pay child support.
     (2) After paternity has been established under ORS 109.070 (1), if no blood tests, as defined in ORS 109.251, were performed to establish paternity, the mother or the legal father may petition the court to reopen the issue of paternity. The petitioner:
     (a) Must file the petition within two years after a voluntary acknowledgment of paternity is filed with the State Registrar of the Center for Health Statistics;
     (b) Must file the petition within two years after paternity is established as a result of a default order or a default judgment that is no longer subject to appeal; or
     (c) May file the petition at any time if the legal father is the presumed father under ORS 109.070.
     (3) The petition must contain:
     (a) An affidavit executed by the petitioner stating that the petitioner has discovered new evidence since paternity was established or that the legal father is the presumed father and the petitioner has not had an opportunity previously to challenge the paternity; and
     (b) The results of blood tests, administered within 90 days before the petition is filed, that show a zero percent probability that the legal father is the biological father of the child.
     (4) Upon receipt of a petition, the court:
     (a) May order the mother, child and legal father to submit to blood tests as provided in ORS 109.250 to 109.262 if the blood test results submitted with the petition were not properly conducted or documented; or
     (b) Shall order the mother, child and legal father to submit to blood tests as provided in ORS 109.250 to 109.262 upon the motion of a party.
     (5) Notwithstanding ORS 109.252, the petitioner shall pay any costs for blood tests ordered under subsection (4) of this section.
     (6) The provisions of ORS 109.155 apply to a proceeding under this section.
     (7) The court shall make a determination of nonpaternity if the court finds, based on all the evidence as provided in ORS 109.258, that:
     (a) The blood tests were properly conducted and documented;
     (b) The legal father is not the biological father of the child;
     (c) The legal father has not adopted the child;
     (d) The child was not conceived by artificial insemination while the legal father and the mother were married;
     (e) The petitioner has not acted to prevent the biological father from asserting his parental rights;
     (f) The petitioner, with knowledge that the legal father is not the biological father, has not:
     (A) Taken any action to affirm the legal father’s parentage of the child; and
     (B) Failed to respond to a judicial or administrative proceeding to establish paternity after receipt of proper notice and an opportunity to be heard; and
     (g) In the absence of fraud, granting the petition would not cause undue harm to the child.
     (8) The petitioner has the burden of proving subsection (7)(a) to (f) of this section. However:
     (a) Except as provided in paragraph (b) of this subsection, when a petitioner fails to prove subsection (7)(f) of this section, the court may nevertheless grant the petition and enter a judgment of nonpaternity if the court finds that the judgment would not cause undue harm to the child.
     (b) When a petitioner has signed a voluntary acknowledgment of paternity and fails to prove subsection (7)(f) of this section, the court may nevertheless grant the petition and enter a judgment of nonpaternity if the court finds that:
     (A) The petitioner signed the acknowledgment without knowledge that the legal father was not the biological father of the child; and
     (B) The judgment would not cause undue harm to the child.
     (9)(a) A child support obligation ordered before a petition is filed under this section continues until a judgment of nonpaternity is entered. However, upon a showing of good cause, the court may suspend the obligation if:
     (A) To do so would not cause undue harm to the child; and
     (B) The petitioner has not signed a voluntary acknowledgment of paternity.
     (b) In a judgment of nonpaternity, the court shall vacate any ongoing child support obligation of the legal father and may vacate any past due support. Child support payments made before entry of a judgment of nonpaternity may not be returned to the payer.
     (c) This section does not give a legal father a cause of action against the mother or biological father for reimbursement of child support paid or accrued before the entry of the judgment of nonpaternity.
     (10) If the court denies the petition, the court shall award reasonable attorney fees to the nonpetitioning parties.
     (11) The authority to petition the court under this section expires on the death of the legal father of a child. The personal representative of the legal father’s estate may not file a petition under this section. [2005 c.160 §9]
     Sec.
10. Section 9 of this 2005 Act is repealed on January 2, 2008. [2005 c.160
§10]
     109.073
Social Security number of parent in paternity order. Except as otherwise
provided in ORS 25.020, the Social Security number of a parent who is subject
to a paternity determination pursuant to ORS 109.070 (1)(c), (d), (e) or (f) or
416.400 to 416.465 shall be included in the order, judgment or other declaration
establishing paternity. [1997 c.746 §123; 1999 c.80 §94; 2005 c.160 §12]
     Note: The amendments to 109.073 by section 18, chapter 160, Oregon Laws 2005, become operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The text that is operative on and after January 2, 2008, is set forth for the user’s convenience.
     109.073.
Except as otherwise provided in ORS 25.020, the Social Security number of a
parent who is subject to a paternity determination pursuant to ORS 109.070
(1)(d), (e), (f) or (g) or 416.400 to 416.465 shall be included in the order,
judgment or other declaration establishing paternity.
     Note: 109.073 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
     109.080
[1957 c.411 §4; 1959 c.432 §64; repealed by 1975 c.640 §18]
     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
Establishing paternity by acknowledgment; mother surrendering child for
adoption. When it is determined that a woman is pregnant with a child, the
woman and any man to whom she is not married and with whom she engaged in
sexual intercourse at approximately the time of conception have an obligation
to recognize that the man may be the other person responsible for the
conception. During the months of pregnancy, the man may join the woman in
acknowledging paternity and assuming the rights and duties of expectant
parenthood. If the man acknowledges paternity of the expected child and the
woman denies that he is the father or refuses to join him in acknowledging
paternity, the man may seek relief under ORS 109.125. If the woman wants the
man to join her in acknowledging his paternity of the expected child and the
man denies that he is the father or refuses to join her in acknowledging
paternity, the woman may seek relief under ORS 109.125. If after the birth of
the child the mother decides to surrender the child for adoption and paternity
has not been acknowledged as provided in ORS 109.070 (1)(d) or the putative
father has not asserted his rights in filiation proceedings, the mother has the
right without the consent of the father to surrender the child as provided in
ORS 418.270 or to consent to the child’s adoption. [1975 c.640 §2; 1995 c.514
§17; 2005 c.160 §13]
     Note: The amendments to 109.092 by section 19, chapter 160, Oregon Laws 2005, become operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The text that is operative on and after January 2, 2008, is set forth for the user’s convenience.
     109.092.
When it is determined that a woman is pregnant with a child, the woman and any
man to whom she is not married and with whom she engaged in sexual intercourse
at approximately the time of conception have an obligation to recognize that
the man may be the other person responsible for the conception. During the
months of pregnancy, the man may join the woman in acknowledging paternity and
assuming the rights and duties of expectant parenthood. If the man acknowledges
paternity of the expected child and the woman denies that he is the father or
refuses to join him in acknowledging paternity, the man may seek relief under
ORS 109.125. If the woman wants the man to join her in acknowledging his
paternity of the expected child and the man denies that he is the father or
refuses to join her in acknowledging paternity, the woman may seek relief under
ORS 109.125. If after the birth of the child the mother decides to surrender
the child for adoption and paternity has not been acknowledged as provided in
ORS 109.070 (1)(e) or the putative father has not asserted his rights in
filiation proceedings, the mother has the right without the consent of the
father to surrender the child as provided in ORS 418.270 or to consent to the
childÂ’s adoption.
     109.094
Rights of father when paternity established; procedure when paternity
established. Upon the paternity of a child being established in the
proceedings, the father shall have the same rights as a father who is or was
married to the mother of the child. The clerk of the court shall certify the
fact of paternity to the Center for Health Statistics of the Department of
Human Services, and the Center for Health Statistics shall prepare a new birth
certificate for the child. [1975 c.640 §6; 1983 c.709 §38]
     109.096
Notice to putative father when paternity not established. (1) When the
paternity of a child has not been established under ORS 109.070, the putative
father is entitled to reasonable notice in adoption or other court proceedings
concerning the custody of the child, except for juvenile court proceedings, if
the petitioner knows, or by the exercise of ordinary diligence should have
known:
     (a) That the child resided with the putative father at any time during the 60 days immediately preceding the initiation of the proceeding, or at any time since the child’s birth if the child is less than 60 days old when the proceeding is initiated; or
     (b) That the putative father repeatedly has contributed or tried to contribute to the support of the child during the year immediately preceding the initiation of the proceeding, or during the period since the child’s birth if the child is less than one year old when the proceeding is initiated.
     (2) Except as provided in subsection (3) or (4) of this section, a verified statement of the mother of the child or of the petitioner, or an affidavit of another person with knowledge of the facts, filed in the proceeding and asserting that the child has not resided with the putative father, as provided in subsection (1)(a) of this section, and that the putative father has not contributed or tried to contribute to the support of the child, as provided in subsection (1)(b) of this section, is sufficient proof to enable the court to grant the relief sought without notice to the putative father.
     (3) The putative father is entitled to reasonable notice in a proceeding for the adoption of the child if notice of the initiation of filiation proceedings as required by ORS 109.225 was on file with the Center for Health Statistics of the Department of Human Services prior to the child’s being placed in the physical custody of a person or persons for the purpose of adoption by them. If the notice of the initiation of filiation proceedings was not on file at the time of the placement, the putative father is barred from contesting the adoption proceeding.
     (4) Except as otherwise provided in subsection (3) of this section, the putative father is entitled to reasonable notice in court proceedings concerning the custody of the child, other than juvenile court proceedings, if notice of the initiation of filiation proceedings as required by ORS 109.225 was on file with the Center for Health Statistics prior to the initiation of the proceedings.
     (5) Notice under this section is not required to be given to a putative father who was a party to filiation proceedings under ORS 109.125 that were dismissed or resulted in a finding that he was not the father of the child.
     (6) The notice required under this section shall be given in the manner provided in ORS 109.330.
     (7) No notice given under this section need disclose the name of the mother of the child.
     (8) A putative father has the primary responsibility to protect his rights, and nothing in this section shall be used to set aside an act of a permanent nature including, but not limited to, adoption or termination of parental rights, unless the father establishes within one year after the entry of the final judgment or order fraud on the part of a petitioner in the proceeding with respect to matters specified in subsections (1) to (5) of this section. [1975 c.640 §7; 1979 c.491 §1; 1983 c.709 §39; 1995 c.90 §1; 2003 c.576 §137; 2005 c.160 §5]
     109.098
Objection of putative father in proceeding referred to in ORS 109.096; effect
of failure to appear and object. (1) If a putative father of a child by due
appearance in a proceeding of which he is entitled to notice under ORS 109.096
objects to the relief sought, the court:
     (a) May stay the adoption or other court proceeding to await the outcome of the filiation proceedings only if notice of the initiation of filiation proceedings was on file as required by ORS 109.096 (3) or (4).
     (b) Shall, if filiation proceedings are not pending, inquire as to the paternity of the child, the putative father’s past endeavors to fulfill his obligation to support the child and to contribute to the pregnancy-related medical expenses, the period that the child has lived with the putative father, the putative father’s fitness to care for and rear the child and whether the putative father is willing to be declared the father of the child and to assume the responsibilities of a father.
     (2) If after inquiry under subsection (1)(b) of this section the court finds:
     (a) That the putative father is the father of the child and is fit and willing to assume the responsibilities of a father, it shall have the power:
     (A) Upon the request of the putative father, to declare his paternity and to certify the fact of paternity in the manner provided in ORS 109.094; and
     (B) To award custody of the child to the mother or the father 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 putative father is not the father of the child, it may grant the relief sought in the proceeding without the putative father’s consent.
     (c) That the putative father is the natural father of the child but is not fit or willing to assume the responsibilities of a father, it may grant the relief sought in the proceeding or any other relief that the court deems to be in the best interests of the child, notwithstanding the father’s objection.
     (3) If a putative father of a child is given the notice of a proceeding required by ORS 109.096 and he 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 putative father’s consent. [1975 c.640 §8; 1995 c.90 §2; 2005 c.160 §6]
     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
father or mother of the child may be found, for an order upon the childÂ’s
father or mother, or both, to provide for the childÂ’s support. The child or the
administrator may apply for the order by filing in the county a petition
setting forth the facts and circumstances relied upon for the order. If
satisfied that a just cause exists, the court shall direct that the father or
mother appear at a time set by the court to show cause why an order of support
should not be entered in the matter.
     (2) The petitioner shall state in the petition, to the extent known:
     (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor child, including a proceeding brought under ORS 25.287, 107.085, 107.135, 107.431, 108.110, 109.103, 109.165, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
     (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the minor child.
     (3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section.
     (4) The judgment of a court under subsection (1) of this section is final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the judgment, and the court may not set aside, alter or modify the judgment, or any portion thereof, that provides for any payment of money that has accrued prior to the filing of the motion.
     (5) The provisions of ORS 108.120 and 108.130 apply to proceedings under subsection (1) of this section.
     (6) In any proceeding under this section, both the child’s physical and legal custodians are parties to the action. [1963 c.497 §2; 1975 c.458 §14; 1979 c.90 §2; 1979 c.284 §100; 1989 c.812 §7; 1993 c.596 §20; 2003 c.73 §55a; 2003 c.116 §8; 2003 c.576 §244]
     109.103
Proceeding to determine custody or support of child. (1) If a child is born
out of wedlock and paternity has been established, either parent may initiate a
civil proceeding to determine the custody or support of the child. The
proceeding shall be brought in the circuit court of the county in which the child
resides or is found or in the circuit court of the county in which either
parent resides. The parents have the same rights and responsibilities regarding
the custody and support of their child that married or divorced parents would
have, and the provisions of ORS 107.093 to 107.425 that relate to the custody
or support of children apply to the proceeding.
     (2) A parent may initiate the proceeding by filing with the court a petition setting forth the facts and circumstances upon which the parent relies. The parent shall state in the petition, to the extent known:
     (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including one brought under ORS 109.100, 109.165, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
     (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the child.
     (3) The parent shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The parent shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section.
     (4) When a parent initiates a proceeding under this section and the child support rights of one of the parents or of the child have been assigned to the state, the parent initiating the proceeding shall serve, by mail or personal delivery, a copy of the petition on the Administrator of the Division of Child Support or on the branch office providing support services to the county in which the suit is filed. [1975 c.640 §9; 2003 c.116 §9; 2003 c.572 §15]
     109.105
[1969 c.461 §1; renumbered 109.610]
     109.110
[Amended by 1961 c.338 §1; 1967 c.534 §14; repealed by 1969 c.619 §15]
     109.112
Mother, father or putative father deemed to have attained majority. The
mother, father or putative father of a child shall be deemed to have attained
majority and, regardless of age, may give authorizations, releases or waivers,
or enter into agreements, in adoption, juvenile court, filiation or other
proceedings concerning the care or custody of the child. [1975 c.640 §10]
     109.115
[1969 c.271 §2; renumbered 109.620]
     109.116
Validity of putative fatherÂ’s authorization, release or waiver. Any
authorization, release or waiver given by the putative father with reference to
the custody or adoption of the child or the termination of parental rights
shall be valid even if given prior to the child’s birth. [1975 c.640 §11]
     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]
FILIATION PROCEEDINGS
     109.124
Definitions for ORS 109.124 to 109.230. As used in ORS 109.124 to 109.230,
unless the context requires otherwise:
     (1) “Child attending school” has the meaning given that term in ORS 107.108.
     (2) “Child born out of wedlock” means a child born to an unmarried woman, or to a married woman by a man other than her husband.
     (3) “Respondent” may include, but is not limited to, one or more persons who may be the father of a child born out of wedlock, the husband of a woman who has or may have a child born out of wedlock, the mother of a child born out of wedlock, the female pregnant with a child who may be born out of wedlock, or the duly appointed and acting guardian of the child or conservator of the child’s estate. [1979 c.246 §4; 1983 c.762 §1; 1995 c.79 §38; 1995 c.343 §24; 1995 c.514 §18; 1997 c.704 §56; 2005 c.160 §14]
     Note:
The amendments to 109.124 by section 20, chapter 160, Oregon Laws 2005, become
operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The
text that is operative on and after January 2, 2008, is set forth for the
userÂ’s convenience.
     109.124.
As used in ORS 109.124 to 109.230, unless the context requires otherwise:
     (1) “Child attending school” has the meaning given that term in ORS 107.108.
     (2) “Child born out of wedlock” means a child born to an unmarried woman, or to a married woman by a man other than her husband, if the conclusive presumption in ORS 109.070 (1)(a) does not apply.
     (3) “Respondent” may include, but is not limited to, one or more persons who may be the father of a child born out of wedlock, the husband of a woman who has or may have a child born out of wedlock, the mother of a child born out of wedlock, the female pregnant with a child who may be born out of wedlock, or the duly appointed and acting guardian of the child or conservator of the child’s estate.
     109.125
Who may initiate proceedings; petition; parties. (1) Any of the following
may initiate proceedings under this section:
     (a) A mother of a child born out of wedlock or a female pregnant with a child who may be born out of wedlock;
     (b) The duly appointed and acting guardian of the child, conservator of the child’s estate or a guardian ad litem, if the guardian or conservator has the physical custody of the child or is providing support for the child;
     (c) The administrator;
     (d) A person claiming to be the father of a child born out of wedlock or of an unborn child who may be born out of wedlock; or
     (e) The minor child by a guardian ad litem.
     (2) Proceedings shall be initiated by the filing of a duly verified petition of the initiating party. The petition shall contain:
     (a) If the initiating party is one of those specified in subsection (1)(a) to (c) of this section:
     (A) The name of the mother of the child born out of wedlock or the female pregnant with a child who may be born out of wedlock;
     (B) Facts showing the petitioner’s status to initiate proceedings;
     (C) A statement that a respondent is the father;
     (D) The probable time or period of time during which conception took place; and
     (E) A statement of the specific relief sought.
     (b) If the initiating party is a person specified in subsection (1)(d) of this section:
     (A) The name of the mother of the child born out of wedlock or the female pregnant with a child who may be born out of wedlock;
     (B) A statement that the initiating party is the father of the child and accepts the same responsibility for the support and education of the child and for all pregnancy-related expenses that he would have if the child were born to him in lawful wedlock;
     (C) The probable time or period of time during which conception took place; and
     (D) A statement of the specific relief sought.
     (3) When proceedings are initiated by the administrator, the state and the child’s mother and putative father are parties.
     (4) When a proceeding is initiated under this section and the child support rights of one of the parties or of the child at issue have been assigned to the state, a true copy of the petition shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed. [1969 c.619 §1; 1971 c.191 §1; 1971 c.401 §3; 1971 c.779 §79; 1973 c.823 §105; 1975 c.458 §15a; 1975 c.640 §4a; 1979 c.90 §3; 1979 c.246 §5; 1983 c.762 §2; 1993 c.596 §21; 2001 c.334 §6; 2003 c.73 §56]
     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 suit; place of commencement. (1) All
filiation proceedings shall be commenced in the circuit court and shall for all
purposes be deemed suits in equity. Unless otherwise specifically provided by
statute, the proceedings shall be conducted pursuant to the Oregon Rules of
Civil Procedure.
     (2) All filiation proceedings shall be commenced and tried in the county where either the initiating party or the child resides. [1969 c.619 §§2,3,7; 1971 c.191 §2; 1979 c.246 §6; 1981 s.s. c.3 §104; 1983 c.762 §3; 1999 c.80 §22]
     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 make a
determination of paternity and may impose such obligations on the respondent as
it deems reasonable. In all such cases corroborating evidence in addition to
the testimony of the parent or expectant parent shall be required to establish
paternity and the court may, in its discretion, order such investigation or the
production of such evidence as it deems appropriate to establish a proper basis
for relief. The testimony of the parent or expectant parent and the
corroborating evidence may be presented by affidavit. [1969 c.619 §4; 1975
c.640 §14; 1983 c.762 §4]
     109.150
[Amended by 1961 c.338 §2; 1967 c.534 §16; repealed by 1969 c.619 §15]
     109.153
[1973 c.827 §12g; 1981 c.669 §3; repealed by 1983 c.762 §10]
     109.155
Hearing; order for payment for support of child and other costs; policy
regarding settlement; enforcement of settlement terms; remedies. (1) The
court, in a private hearing, shall first determine the issue of paternity. If
the respondent admits the paternity, such admission shall be reduced to
writing, verified by the respondent and filed with the court. If the paternity
is denied, corroborating evidence, in addition to the testimony of the parent
or expectant parent, shall be required.
     (2) If the court finds, from a preponderance of the evidence, that the petitioner or the respondent is the father of the child who has been, or who may be born out of wedlock, the court shall then proceed to a determination of the appropriate relief to be granted. The court may approve any settlement agreement reached between the parties and incorporate the same into any judgment rendered, and it may order such investigation or the production of such evidence as it deems appropriate to establish a proper basis for relief.
     (3) The court, in its discretion, may postpone the hearing from time to time to facilitate any investigation or the production of such evidence as it deems appropriate.
     (4) The court shall have the power to order either parent to pay such sum as it deems appropriate for the past and future support and maintenance of the child during its minority and while the child is attending school, as defined in ORS 107.108, and the reasonable and necessary expenses incurred or to be incurred in connection with prenatal care, expenses attendant with the birth and postnatal care. The court may grant the prevailing party reasonable costs of suit, which may include expert witness fees, and reasonable attorney fees at trial and on appeal. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.
     (5) An affidavit certifying the authenticity of documents substantiating expenses set forth in subsection (4) of this section is prima facie evidence to establish the authenticity of such documents.
     (6)(a) It is the policy of this state:
     (A) To encourage the settlement of cases brought under this section; and
     (B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.
     (b) In a proceeding under this section, the court may enforce the terms set forth in a stipulated judgment of paternity signed by the parties, a judgment of paternity resulting from a settlement on the record or a judgment of paternity incorporating a settlement agreement:
     (A) As contract terms using contract remedies;
     (B) By imposing any remedy available to enforce a judgment, including but not limited to contempt; or
     (C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.
     (c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.
     (d) Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to set aside, alter or modify a judgment under ORS 109.165 or to seek enforcement of an ancillary agreement to the judgment. [1969 c.619 §5; 1971 c.137 §1; 1971 c.191 §3; 1973 c.827 §12h; 1975 c.640 §15; 1981 c.897 §33; 1983 c.762 §5; 1989 c.417 §2; 1997 c.704 §57; 1999 c.80 §23; 2001 c.203 §6; 2003 c.576 §140]
     109.160
[Repealed by 1969 c.619 §15]
     109.165
Vacation or modification of judgment; policy regarding settlement; enforcement
of settlement terms; remedies. (1) Upon motion of either party, the court
may set aside, alter or modify any portion of the judgment that provides for
the support of the minor child or child attending school, as defined in ORS
107.108. As to any installment or payment of money that has accrued up to the
time the nonmoving party, other than the state, is served with a motion to set
aside, alter or modify the judgment, the judgment is final and the court may
not change it. However, the court may allow a credit against child support
arrearages for periods of time, excluding reasonable parenting time unless
otherwise provided by order or judgment, during which the obligor, with the
knowledge and consent of the obligee or pursuant to court order, has physical
custody of the child. A child attending school is a party for purposes of this
section.
     (2) The moving party shall state in the motion, to the extent known:
     (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the child, including a proceeding brought under ORS 25.287, 109.100, 125.025, 416.400 to 416.465, 419B.400 or 419C.590 or ORS chapter 110; and
     (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.303, involving the child, other than the judgment the party is moving to set aside, alter or modify.
     (3) The moving party shall include with the motion a certificate regarding any pending support proceeding and any existing support order other than the judgment the party is moving to set aside, alter or modify. The party shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section.
     (4)(a) It is the policy of this state:
     (A) To encourage the settlement of cases brought under this section; and
     (B) For courts to enforce the terms of settlements described in paragraph (b) of this subsection to the fullest extent possible, except when to do so would violate the law or would clearly contravene public policy.
     (b) In a proceeding under subsection (1) of this section, the court may enforce the terms set forth in a stipulated order or judgment signed by the parties, an order or judgment resulting from a settlement on the record or an order or judgment incorporating a settlement agreement:
     (A) As contract terms using contract remedies;
     (B) By imposing any remedy available to enforce an order or judgment, including but not limited to contempt; or
     (C) By any combination of the provisions of subparagraphs (A) and (B) of this paragraph.
     (c) A party may seek to enforce an agreement and obtain remedies described in paragraph (b) of this subsection by filing a motion, serving notice on the other party in the manner provided by ORCP 7 and, if a remedy under paragraph (b)(B) of this subsection is sought, complying with the statutory requirements for that remedy. All claims for relief arising out of the same acts or omissions must be joined in the same proceeding.
     (d) Nothing in paragraph (b) or (c) of this subsection limits a party’s ability, in a separate proceeding, to file a motion to modify an order or judgment under subsection (1) of this section or to seek enforcement of an ancillary agreement to the order or judgment. [1969 c.619 §6; 1973 c.827 §12i; 1989 c.812 §8; 1997 c.704 §58; 1997 c.707 §22; 2001 c.203 §8; 2003 c.116 §10; 2003 c.419 §3; 2003 c.576 §141]
     109.170
[Repealed by 1969 c.619 §15]
     109.175
Determination of legal custody after paternity established. (1) If
paternity of a child born out of wedlock is established pursuant to a petition
filed under ORS 109.125 or an order or judgment entered pursuant to ORS 109.124
to 109.230 or ORS 416.400 to 416.465, or if paternity is established by the
filing of a voluntary acknowledgment of paternity as provided by ORS 109.070
(1)(d), the parent with physical custody at the time of filing of the petition
or the notice under ORS 416.415, or the parent with physical custody at the
time of the filing of the voluntary acknowledgment of paternity, has sole legal
custody until a court specifically orders otherwise. The first time the court
determines who should have legal custody, neither parent shall have the burden
of proving a change of circumstances. The court shall give primary
consideration to the best interests and welfare of the child and shall consider
all the standards set out in ORS 107.137.
     (2) In any proceeding under this section, the court may cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans under ORS 107.425 (3). [1983 c.761 §11; 1985 c.671 §42; 1995 c.608 §4; 1999 c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160 §15]
     Note:
The amendments to 109.175 by section 21, chapter 160, Oregon Laws 2005, become
operative January 2, 2008. See section 23, chapter 160, Oregon Laws 2005. The
text that is operative on and after January 2, 2008, is set forth for the
userÂ’s convenience.
     109.175.
(1) If paternity of a child born out of wedlock is established pursuant to a
petition filed under ORS 109.125 or an order or judgment entered pursuant to
ORS 109.124 to 109.230 or ORS 416.400 to 416.465, or if paternity is
established by the filing of a voluntary acknowledgment of paternity as
provided by ORS 109.070 (1)(e), the parent with physical custody at the time of
filing of the petition or the notice under ORS 416.415, or the parent with
physical custody at the time of the filing of the voluntary acknowledgment of
paternity, has sole legal custody until a court specifically orders otherwise.
The first time the court determines who should have legal custody, neither
parent shall have the burden of proving a change of circumstances. The court
shall give primary consideration to the best interests and welfare of the child
and shall consider all the standards set out in ORS 107.137.
     (2) In any proceeding under this section, the court may cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans under ORS 107.425 (3).
     109.180
[Repealed by 1969 c.619 §15]
     109.190
[Amended by 1961 c.338 §3; repealed by 1969 c.619 §15]
     109.200
[Amended by 1961 c.338 §4; repealed by 1969 c.619 §15]
     109.210
[Repealed by 1969 c.619 §15]
     109.220
[Amended by 1961 c.338 §5; 1969 c.619 §12; repealed by 1979 c.87 §1]
     109.225
Notice to Center for Health Statistics after petition filed; filing notice.
(1) After filing the petition, the petitioner shall cause the Center for Health
Statistics of the Department of Human Services to be served by mail with a
notice setting forth the court in which the petition was filed, the date of the
filing therein, the case number, the full name and address of the child, the
date and place of the childÂ’s birth, or if the child is not yet born, the date
and place of the childÂ’s conception and the probable date of the childÂ’s birth,
the full names and addresses of the childÂ’s alleged parents, and the names and
addresses of the petitioner and of the respondents in the proceedings.
     (2) The Center for Health Statistics shall file immediately the notice, or a copy thereof, with the record of the birth of the child or in the same manner as its filing of records of birth if the center does not have a record of the birth. The center shall only provide the information contained in the notice to persons whose names appear in the notice or to persons or agencies showing a legitimate interest in the parent-child relationship including, but not limited to, parties to adoption, juvenile court or heirship proceedings. [1975 c.640 §5; 1983 c.709 §40; 1983 c.762 §6; 1991 c.484 §1]
     109.230
Legality of contract between mother and father of child born out of wedlock.
Any contract between the mother and father of a child born out of wedlock is a
legal contract, and the admission by the father of his fatherhood of the child
is sufficient consideration to support the contract. [Amended by 1961 c.338 §6]
     109.231
Records open to public. Records of filiation proceedings filed in circuit
court shall be open for inspection by any person without order of the court.
[1993 c.138 §2]
     Note:
109.231 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 109 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
     109.235
[1975 c.640 §12; renumbered 109.308 in 2001]
     109.237
Attorney fees. In any proceeding brought to modify or compel compliance
with an order of the court issued under ORS 109.124 to 109.230, the court may
render judgment awarding to a party, or directly to the partyÂ’s attorney, a sum
of money determined to be reasonable as an attorney fee and costs and expenses
of suit, which judgment may include expert witness fees, in preparation for and
at trial and on appeal. [1989 c.417 §1]
     Note:
109.237 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 109 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
ARTIFICIAL INSEMINATION
     109.239
Rights and obligations of children resulting from artificial insemination;
rights and obligations of donor of semen. If the donor of semen used in
artificial insemination is not the motherÂ’s husband:
     (1) Such donor shall have no right, obligation or interest with respect to a child born as a result of the artificial insemination; and
     (2) A child born as a result of the artificial insemination shall have no right, obligation or interest with respect to such donor. [1977 c.686 §5]
     Note:
109.239 to 109.247 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 109 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     109.243
Relationship of child resulting from artificial insemination to motherÂ’s
husband. The relationship, rights and obligation between a child born as a
result of artificial insemination and the motherÂ’s husband shall be the same to
all legal intents and purposes as if the child had been naturally and
legitimately conceived by the mother and the motherÂ’s husband if the husband
consented to the performance of artificial insemination. [1977 c.686 §6]
     Note:
See note under 109.239.
     109.247
Application of law to children resulting from artificial insemination.
Except as may be otherwise provided by a judicial decree entered in any action
filed before October 4, 1977, the provisions of ORS 109.239 to 109.247, 677.355
to 677.365 and 677.990 (3) apply to all persons conceived as a result of
artificial insemination. [1977 c.686 §7]
     Note:
See note under 109.239.
UNIFORM ACT ON BLOOD TESTS TO DETERMINE PATERNITY
     109.250
Short title. ORS 109.250 to 109.262 may be cited as the Uniform Act on
Blood Tests to Determine Paternity. [1953 c.628 §7]
     109.251
“Blood tests” defined. As used in ORS 109.250 to 109.262, “blood tests”
includes any test for genetic markers to determine paternity of a type
generally acknowledged as reliable by accreditation bodies designated by the
Department of Human Services in compliance with the United States Secretary of
Health and Human Services, and performed by a laboratory approved by such
accreditation body. “Blood tests” includes but is not limited to the Human
Leucocyte Antigen Test, the deoxyribonucleic acid test and any test that
extracts genetic material from any human tissue. [1981 c.401 §2; 1995 c.608 §5;
1999 c.80 §24]
     109.252
Authority for blood test; effect of refusal to submit to test; payment for
test. (1) Unless the court or administrator finds good cause not to proceed
in a proceeding under ORS 109.125 to 109.230 and 416.400 to 416.465, in which
paternity is a relevant fact, the court or administrator, as defined in ORS
25.010, upon his or her own initiative or upon suggestion made by or on behalf
of any person whose blood is involved may, or upon motion of any party to the
action made at a time so as not to delay the proceedings unduly, shall order
the mother, child, alleged father and any other named respondent who may be the
father to submit to blood tests. If any person refuses to submit to such tests,
the court or administrator may resolve the question of paternity against such
person or enforce its order if the rights of others and the interests of
justice so require.
     (2) When child support enforcement services are being provided under ORS 25.080, the Child Support Program shall pay any costs for blood tests subject to recovery from the party who requested the tests. If the original test result is contested prior to the entry of an order establishing paternity, the court or administrator shall order additional testing upon request and advance payment by the party making the request. [1953 c.628 §1; 1969 c.619 §13; 1983 c.762 §7; 1985 c.671 §43; 1999 c.80 §25; 2001 c.455 §18]
     109.254
Selection of experts to make tests; admissible evidence. (1) The tests
shall be made by experts qualified as examiners of genetic markers who shall be
appointed by the court or administrator, as defined in ORS 25.010. Any party or
person at whose suggestion the tests have been ordered may demand that other experts,
qualified as examiners of genetic markers, perform independent tests under
order of the court or administrator, the results of which may be offered in
evidence. The number and qualifications of such experts shall be determined by
the court or administrator.
     (2) The blood test results and the conclusions and explanations of the blood test experts are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy, unless a written challenge to the testing procedure or the results of the blood test has been filed with the court and delivered to opposing counsel at least 10 days before any hearing set to determine the issue of paternity. Failure to make such timely challenge constitutes a waiver of the right to have the experts appear in person and is not grounds for a continuance of the hearing to determine paternity. A copy of the results, conclusions and explanations must be furnished to both parties or their counsel at least 20 days before the date of the hearing for this subsection to apply. The court for good cause or the parties may waive the time limits established by this subsection.
     (3) An affidavit documenting the chain of custody of the specimens is prima facie evidence to establish the chain of custody. [1953 c.628 §2; 1981 c.401 §3; 1985 c.671 §44; 1999 c.80 §26; 2001 c.455 §19]
     109.256
Compensation of experts. (1) The compensation of each expert witness
appointed by the court or administrator shall be fixed at a reasonable amount.
It shall be paid as the court or administrator shall order. The court or
administrator may order that the costs of blood tests be paid by the parties in
such proportions and at such times as it shall prescribe, or that the
proportion of any party be paid by the county in which the proceedings are had,
and that, after payment by the parties or such county or both, all or part or
none of it be taxed as costs in the action.
     (2) The fee of an expert witness called by a party but not appointed by the court or administrator shall be paid by the party calling the witness but shall not be taxed as costs in the action. [1953 c.628 §3; 1983 c.762 §8; 1985 c.671 §44a]
     109.258
Effect of test results. A disputable presumption of paternity is created if
one or more blood tests result in a cumulative paternity index of 99 or
greater. If the court or administrator finds that the conclusions of all the
experts, as disclosed by the evidence based upon the tests, are that the
alleged father is not the father of the child, the question of paternity shall
be resolved accordingly. If the experts disagree in their findings or
conclusions, the question shall be submitted upon all the evidence. [1953 c.628
§4; 1985 c.671 §44b; 1999 c.80 §27]
     109.259
Temporary child support pending determination of paternity. Notwithstanding
the objections of a party to an order that seeks to establish paternity, if the
blood tests conducted under ORS 109.250 to 109.262 result in a cumulative
paternity index of 99 or greater, the evidence of the blood tests together with
the testimony of a parent is a sufficient basis upon which to presume paternity
for establishing temporary support. Upon the motion of a party, the court shall
enter a temporary order requiring the alleged father to provide support pending
the determination of parentage by the court. In determining the amount of
support, the court shall use the formula established under ORS 25.275. [1997
c.746 §24b; 1999 c.80 §88]
     Note: 109.259 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
     109.260
Applicability to criminal actions. ORS 109.250 to 109.262 shall apply to
criminal cases subject to the following limitations and provisions:
     (1) An order for the tests shall be made only upon application of a party or on the court’s initiative.
     (2) The compensation of the experts shall be paid by the county in which the proceedings are had under order of court.
     (3) The court may direct a verdict of acquittal upon the conclusions of all the experts under the provisions of ORS 109.258, otherwise the case shall be submitted for determination upon all evidence. [1953 c.628 §5]
     109.262
Uniformity of interpretation. The Uniform Act on Blood Tests to Determine
Paternity shall be so interpreted and construed as to effectuate its general
purpose to make uniform the law of those states which enact it. [1953 c.628 §6]
     109.264
Parties. In any action under ORS 109.250 to 109.262, the mother, putative
father and the state are parties. [1993 c.596 §23]
ADOPTION
     109.304
Definitions for ORS 109.305 to 109.410; information in placement report. As
used in ORS 109.305 to 109.410, unless the context requires otherwise:
     (1) “Home study” means an investigation conducted by the Department of Human Services or by an Oregon licensed adoption agency that:
     (a) Provides information to a prospective adoptive parent about adoption;
     (b) Includes investigation and study by the department or by an Oregon licensed adoption agency concerning a prospective parent’s suitability to adopt;
     (c) Includes a written report concerning the prospective parent’s suitability to adopt; and
     (d) Is completed before the petition for adoption is filed.
     (2) “Placement report” means a written report prepared by the department or by an Oregon licensed adoption agency after the petition for adoption has been filed that includes the department’s or the agency’s recommendation to the court concerning whether the court should grant the petition for adoption based upon the department’s or the agency’s evaluation of:
     (a) The status and adjustment of the child; and
     (b) The status and adjustment of the child’s prospective adoptive parent.
     (3) Information gathered by the department or by an Oregon licensed adoption agency during the preparation of the placement report may include information concerning the child’s social, medical and genetic history and the birth parent’s history as may be required by ORS 109.312 or 109.342. [1993 c.717 §8]
     109.305
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) Nothing in the adoption laws of this state shall be construed to prevent the adoptive parents, the birth parents and the child from entering into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or the adoptive parents. As used in this subsection, “birth relatives” includes birth parents, grandparents, siblings and other members of the child’s birth family.
     (3) Failure to comply with the terms of an agreement made under subsection (2) of this section is not grounds for setting aside an adoption judgment or revocation of a written consent to an adoption.
     (4)(a) An agreement made under subsection (2) of this section may be enforced by a civil action. However, before a court may enter an order requiring compliance with the agreement, the court must find that the party seeking enforcement participated, or attempted to participate, in good faith in mediating the dispute giving rise to the action prior to filing the civil action.
     (b) The court may modify an agreement made under subsection (2) of this section if the court finds that the modification is necessary to serve the best interests of the adopted child, that the party seeking modification participated, or attempted to participate, in good faith in mediation prior to seeking modification of the agreement and that:
     (A) The modification is agreed to by all parties to the original agreement; or
     (B) Exceptional circumstances have arisen since the parties entered into the agreement that justify modification of the agreement. [1957 c.710 §15; subsections (2), (3) and (4) enacted as 1993 c.401 §1; 2003 c.576 §142]
     Note:
109.305 (2) to (4) were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 109 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     109.307
Court required to act within six months of filing of petition for adoption;
duty of clerk. (1) Not earlier than provided in ORS 109.309 and not later
than six months from the date on which the petition for leave to adopt another
is filed under ORS 109.309, the court before which the petition is pending
shall hold a hearing and shall:
     (a) Enter a judgment under ORS 109.350;
     (b) Continue the guardianship or legal custodial status of the child;
     (c) Waive the child to a court having jurisdiction under ORS 419B.100 or 419C.005; or
     (d) Take such other action as the court considers necessary.
     (2) The court before which the petition is pending, on its own motion, may take testimony from or confer with the child to be adopted and may exclude from the conference the parents or guardians of the child, the proposed adoptive parents and other persons if the court finds that such action would be likely to be in the best interests of the child. However, the court shall permit an attorney for each party to attend the conference, and the conference shall be reported.
     (3) The clerk of the court before which petitions for leave to adopt another are pending shall periodically notify the court and the Department of Human Services of all such petitions which have been pending before the court for more than six months without final disposition pursuant to subsection (1) of this section.
     (4) The clerk of the court before which a petition is filed for leave to adopt a minor child shall provide to the Director of Human Services a copy of the court’s order of disposition of the petition. [1965 c.188 §2; 1983 c.369 §3; 1987 c.814 §2; 1993 c.33 §292; 1993 c.546 §117; 2003 c.576 §143]
     109.308
Confidentiality of petitioners. In an adoption proceeding that is contested
or in which a summons is required to be served, the court may preserve the
confidentiality of the names and addresses of the petitioners for the adoption
if the court finds that to do so is in the best interests of the child.
[Formerly 109.235; 2005 c.369 §2]
     109.309
Petition for adoption; residency requirement; where filed; venue; notice;
placement report; fee; rules. (1) Any person may petition the circuit court
for leave to adopt another person and, if desired, for a change of the other
personÂ’s name. One petitioner, the child, one parent or the person, who is not
an adoption agency, consenting to the adoption as required under ORS 109.312
(1) must be a resident of this state. As used in this subsection, “resident”
means a person who has resided in this state continuously for a period of six months
prior to the date of the petition.
     (2) Except as provided in subsection (3) of this section, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834.
     (3)(a) Notwithstanding ORS 109.741 and 109.744, a court of this state has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption:
     (A) The minor child resided in this state for at least six consecutive months including periods of temporary absence;
     (B) One parent or another person, who is not an adoption agency, consenting to the adoption as required under ORS 109.312 (1) resided in this state for at least six consecutive months including periods of temporary absence;
     (C) The prospective adoptive parent resided in this state for at least six consecutive months including periods of temporary absence and substantial evidence is available in this state concerning the present or future care of the minor child;
     (D) It appears that no court of another state would have jurisdiction under circumstances substantially in accordance with subparagraphs (A) to (C) of this paragraph; or
     (E) A court of another state has declined to exercise jurisdiction on the grounds that this state is a more appropriate forum to hear a petition for adoption of the minor child and it is in the best interests of the minor child that a court of this state assume jurisdiction.
     (b) As used in paragraph (a) of this subsection, “periods of temporary absence” means periods of absence of not more than a total of 30 days in the prior six consecutive months.
     (4) The petition to adopt a person 18 years of age or older may be filed in the county where the petitioner, the person to be adopted or the person who consents to the adoption resides.
     (5) In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located.
     (6)(a) When the petition is for the adoption of a minor child, the petitioner shall also file at the time of filing the petition:
     (A) A written statement containing the full names and permanent addresses of:
     (i) The child;
     (ii) The petitioner;
     (iii) All persons whose consent to the adoption is required under ORS 109.312 when such names are either known or may be readily ascertained by the petitioner;
     (iv) The persons with whom the child has lived during the last five years and the places where the child has lived during that period, if the names and addresses may be readily ascertained by the petitioner;
     (v) If known to the petitioner, any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time or visitation with, the child; and
     (vi) The Oregon licensed adoption agency, if any, or the relative or person that privately placed the child for adoption.
     (B) The documents demonstrating consent under ORS 109.312 to the adoption of the minor child.
     (C) Written evidence documenting a current home study that has been approved by either the Department of Human Services or an Oregon licensed adoption agency submitted for the purpose of demonstrating that the petitioner meets the minimum standards for adoptive homes as set forth in the department’s administrative rules.
     (b) A relative who qualifies under the department administrative rules for a waiver of the department’s home study requirements described in paragraph (a)(C) of this subsection may file the request for waiver along with the petition for adoption.
     (c) The department, upon request by the petitioner, may waive the home study requirements described in paragraph (a)(C) of this subsection in an adoption in which one of the child’s biological or adoptive parents retains parental rights. The department shall waive post-placement reports in an adoption in which one of the child’s biological or adoptive parents retains parental rights.
     (7)(a) The petitioner shall cause copies of the documents required to be filed with the court under subsection (6) of this section to be served upon the Director of Human Services, by either registered or certified mail with return receipt or personal service, within 30 days after the documents have been filed with the court.
     (b) In the case of an adoption described in subsection (6)(c) of this section, the petitioner shall also serve the petition, by either registered or certified mail with return receipt or personal service:
     (A) On all persons whose consent to the adoption is required under ORS 109.312 unless the person’s written consent is filed with the court; and
     (B) On the parents of the party whose parental rights would be terminated, if the names and addresses are known or may be readily ascertained by the petitioner. Service required by this subparagraph may be waived by the court for good cause.
     (c) When a parent of the child is deceased or incapacitated, the petitioner shall also serve the petition on the parents of the deceased or incapacitated parent, if the names and addresses are known or may be readily ascertained by the petitioner. Service required by this paragraph may be waived by the court for good cause. As used in this paragraph:
     (A) “Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person lacks the capacity to meet the essential requirements for the person’s physical health or safety.
     (B) “Meet the essential requirements for the person’s physical health or safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.
     (d) The court may not rule upon the petition until at least 90 days after the date that the documents were served upon the director. However, the department may waive the 90-day period.
     (8)(a) Within 90 days after the service on the director, the department shall investigate and file for the consideration of the judge before whom the petition for adoption is pending a placement report containing information regarding the status of the child and evidence concerning the suitability of the proposed adoption. The department may designate an Oregon licensed adoption agency to investigate and report to the court. If the department designates an Oregon licensed adoption agency to investigate and report to the court, the department shall make the designation and provide all necessary information and materials to the Oregon licensed adoption agency no later than 30 days after the service on the director. However, the department may waive the placement report requirement.
     (b) Upon receipt of a written request by the petitioner’s attorney, the department shall furnish to that attorney copies of any information that the department has filed with the court.
     (c) The department may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study report described in subsection (6)(a)(C) of this section and the placement report described in paragraph (a) of this subsection. The petitioner shall report the fee amount to the court. The court granting the adoption shall make a finding as to whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for investigation, home study and placement report preparation. The department shall prescribe by rule the procedure for computing the investigation, home study and placement report preparation fee. The rules shall provide a waiver of either part or all of the fee based upon the petitioner’s ability to pay.
     (9) The amounts of any fees collected under subsection (8) of this section are continuously appropriated to the department for use in preparing the home study and placement reports required under subsections (6)(a)(C) and (8)(a) of this section.
     (10)(a) Except as provided in paragraph (b) of this subsection, a court may not grant a judgment for the adoption of a minor child unless the petitioner has filed with the court the documents described in subsections (6) and (8)(a) of this section.
     (b) A person is not required to file a home study or a placement report with the court when the department has granted the person a waiver under department rules.
     (11) The adoption shall comply with the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), if applicable. Every adoption petition involving the Indian Child Welfare Act shall include the following:
     (a) A statement of the efforts to notify the appropriate Indian tribe or tribes of the adoption; and
     (b) A statement of the efforts to comply with the placement preferences of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or the placement preferences of the appropriate Indian tribe. [1993 c.717 §2 (enacted in lieu of 109.310); 1993 c.717 §9; 1995 c.90 §3; 1995 c.730 §2; 1997 c.470 §1; 1999 c.160 §2; 1999 c.649 §52; 2003 c.258 §1; 2003 c.576 §144; 2005 c.475 §1]
     109.310
[Amended by 1953 c.368 §2; 1957 c.403 §5; 1959 c.430 §3; 1963 c.188 §1; 1967
c.534 §17; 1969 c.441 §1; 1971 c.401 §4; 1977 c.252 §1; 1983 c.302 §1; 1983
c.396 §1; 1985 c.403 §3; 1991 c.249 §14; repealed by 1993 c.717 §1 (109.309
enacted in lieu of 109.310)]
     109.311
Financial disclosure statement to be filed with petition; placement report
required; exception; prohibited fees; advertising. (1) Each adoption
petition filed pursuant to ORS 109.309 seeking adoption of a minor child shall
be accompanied by a written disclosure statement containing an itemized
accounting of all moneys paid or estimated to be paid by the petitioner for
fees, costs and expenses related to the adoption, including all legal, medical,
living and travel expenses. The form of the disclosure statement shall be
prescribed by the Department of Human Services after consultation with approved
Oregon licensed adoption agencies.
     (2) A court may not grant a judgment for an adoption of a minor child in the absence of a placement report by the department or an Oregon licensed adoption agency unless the filing of such report has been waived by the department. A court may not grant a judgment for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioner’s knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption.
     (3) A person may not charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS chapter 418 may charge reasonable fees for services provided by them.
     (4)(a) It is unlawful for any person to advertise:
     (A) A child offered or wanted for adoption; or
     (B) That the person is able to place, locate, dispose of or receive a child for adoption.
     (b) The provisions of paragraph (a) of this subsection do not apply to:
     (A) The department or a licensed Oregon adoption agency or an agent, employee or person with whom the department or adoption agency has a contract authorizing such actions; or
     (B) A person who has completed a home study as required by ORS 109.309 (6)(a)(C) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person’s attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The person’s attorney must be licensed to practice in Oregon.
     (c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorney’s availability to provide services related to the adoption of children.
     (d) As used in this subsection, unless the context requires otherwise, “advertise” means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. [1985 c.403 §2 (1) to (3); 1987 c.367 §1; 1993 c.717 §4; 1995 c.730 §3; 2003 c.258 §2; 2003 c.576 §145]
     109.312
Consent to adoption. (1) Except as provided in ORS 109.314 to 109.329,
consent in writing to the adoption under ORS 109.309 of a child shall be given
by:
     (a) The parents of the child, or the survivor of them.
     (b) The guardian of the child, if the child has no living parent.
     (c) The next of kin in this state, if the child has no living parent and no guardian.
     (d) Some suitable person appointed by the court to act in the proceeding as next friend of the child to give or withhold consent, if the child has no living parent and no guardian or next of kin qualified to consent.
     (2)(a) A person who gives consent to adoption under subsection (1) of this section may agree concurrently or subsequently to the giving of such consent that the consent shall be or become irrevocable, and may waive such person’s right to a personal appearance in court, by a duly signed and attested certificate. The certificate of irrevocability and waiver shall be in effect when the following are completed:
     (A) The child is placed for the purpose of adoption in the physical custody of the person or persons to whom the consent is given;
     (B) The person or persons to whom consent for adoption is given have filed a petition to adopt the child in a court of competent jurisdiction;
     (C) The court has entered an order appointing the petitioner or some other suitable person as guardian of the child pursuant to ORS 109.335;
     (D) The Department of Human Services, an Oregon licensed adoption agency or an attorney who is representing the adoptive parents has filed either a department or an Oregon licensed adoption agency home study with the court approving the petitioner or petitioners as potential adoptive parents or the department has notified the court that the filing of such study has been waived;
     (E) Information about the child’s social, medical and genetic history required in ORS 109.342 has been provided to an attorney or the department or an Oregon licensed adoption agency by the person giving consent to the adoption; and
     (F) The person signing the certificate of irrevocability and waiver has been given an explanation by an attorney who represents the person and who does not also represent the adoptive family, by the department or by an Oregon licensed adoption agency of the consequences of signing the certificate.
     (b) Upon the fulfillment of the conditions in paragraph (a) of this subsection, the consent for adoption may not be revoked unless fraud or duress is proved with respect to any material fact.
     (3) Consent to the adoption of a child subject to the Indian Child Welfare Act shall not be valid unless the requirements of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) are met. In accordance with the Indian Child Welfare Act a certificate of irrevocability is not valid for a child who is subject to the Indian Child Welfare Act. [1957 c.710 §2 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §106; 1983 c.302 §2; 1985 c.565 §10; 1987 c.814 §1; 1991 c.553 §1; 1993 c.717 §6]
     109.314
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, 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 parentÂ’s consent, and the objections of the noncustodial
parent shall be heard if appearance is made.
     (2) This section does not apply when consent is given in loco parentis under ORS 109.316 or 109.318. [1957 c.710 §3 (109.312 to 109.329 enacted in lieu of 109.320); 2005 c.369 §4]
     109.316
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. [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]
     109.318
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. [1957 c.710 §5 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §107; 2005 c.22 §87]
     109.320
[Repealed by 1957 c.710 §1 (109.312 to 109.329 enacted in lieu of 109.320)]
     109.322
Consent when parent mentally ill, mentally deficient or imprisoned. (1) If
a parent has been adjudged mentally ill or mentally deficient and remains so at
the time of the adoption proceedings, or if a parent is imprisoned in a state
or federal prison under a sentence for a term of not less than three years and
has actually served three years, the petitioner, in accordance with ORS
109.330, shall serve on the parent, if the parent has not consented in writing
to the adoption, a summons and a motion and order to show cause why the
adoption of the child should not be ordered without the parentÂ’s consent.
     (2) In the case of a parent adjudged mentally ill or mentally deficient, the petitioner shall also serve the summons and the motion and order to show cause upon the guardian of the parent. If the parent has no guardian, the court shall appoint a guardian ad litem to appear for the parent in the adoption proceedings.
     (3) Upon hearing, if the court finds that the adoption is in the best interests of the child, the consent of the mentally ill, mentally deficient or imprisoned parent is not required, and the court may proceed regardless of the objection of the parent.
     (4) This section does not apply when consent is given in loco parentis under ORS 109.316 or 109.318. [1957 c.710 §6 (109.312 to 109.329 enacted in lieu of 109.320); 1975 c.711 §1; 2003 c.576 §146; 2005 c.369 §5]
     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 parentÂ’s
consent.
     (2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (3), if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parent’s consent is not required, the court may proceed regardless of the objection of the parent.
     (3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may:
     (a) Disregard incidental visitations, communications and contributions; and
     (b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.
     (4) This section does not apply when consent is given in loco parentis under ORS 109.316 or 109.318. [1957 c.710 §7 (109.312 to 109.329 enacted in lieu of 109.320); 2003 c.576 §147; 2003 c.579 §1; 2005 c.369 §6]
     109.326
Consent when husband not father. (1) If the mother of a child was married
at the time of the conception or birth of the child, and it has been determined
pursuant to ORS 109.070 or judicially determined that her husband at such time
or times was not the father of the child, the husbandÂ’s authorization or waiver
is not required in adoption, juvenile court or other proceedings concerning the
custody of the child.
     (2) If paternity of the child has not been determined, a determination of nonpaternity may be made by any court having adoption, divorce or juvenile court jurisdiction. The testimony or affidavit of the mother or the husband or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination.
     (3) Before making the determination of nonpaternity, the petitioner shall serve on the husband a summons and a true copy of a motion and order to show cause why the husband’s parental rights should not be terminated if:
     (a) There has been a determination by any court of competent jurisdiction that the husband is the father of the child;
     (b) The child resided with the husband at any time since the child’s birth; or
     (c) The husband repeatedly has contributed or tried to contribute to the support of the child.
     (4) When the petitioner is required to serve the husband with a summons and a motion and order to show cause under subsection (3) of this section, service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (6) of this section. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents.
     (5) A summons under subsection (3) of this section must contain:
     (a) A statement that if the husband fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the husband’s absence, may take any action that is authorized by law, including but not limited to terminating the husband’s parental rights and entering a judgment of nonpaternity on the date the answer is required or on a future date.
     (b) A statement that:
     (A) The husband must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the husband is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting.
     (B) In the answer, the husband must inform the court and the petitioner of the husband’s telephone number or contact telephone number and the husband’s current residence, mailing or contact address in the same state as the husband’s home. The answer may be in substantially the following form:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
_________,    )
Petitioner,       )          NO._____
                       )
                       )          ANSWER
and                             )
                       )
_________,    )
Respondent.   )
     [ ] I consent to the termination of any parental rights that I may have.
     [ ] I do not consent to the termination of my parental rights. The court should not order the termination of my parental rights for the following reasons:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________
__________________
Signature
DATE:_____________________
ADDRESS OR CONTACT ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT TELEPHONE:
_____________________
______________________________________________________________________________
     (c) A notice that, if the husband answers the motion and order to show cause, the court:
     (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition;
     (B) Will order the husband to appear personally; and
     (C) May schedule other hearings related to the petition and may order the husband to appear personally.
     (d) A notice that the husband has the right to be represented by an attorney. The notice must be in substantially the following form:
______________________________________________________________________________
     You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information.
______________________________________________________________________________
     (e) A statement that the husband has the responsibility to maintain contact with the husband’s attorney and to keep the attorney advised of the husband’s whereabouts.
     (6) A husband who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the husband is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the husband shall inform the court and the petitioner of the husband’s telephone number or contact telephone number and current address, as defined in ORS 25.011. The answer may be in substantially the form described in subsection (5) of this section.
     (7) If the husband requests the assistance of appointed counsel and the court determines that the husband is financially eligible, the court shall appoint an attorney to represent the husband at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216.
     (8) If the husband files an answer as required under subsection (6) of this section, the court, by oral order made on the record or by written order provided to the husband in person or mailed to the husband at the address provided by the husband, shall:
     (a) Inform the husband of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition;
     (b) Require the husband to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and
     (c) Inform the husband that, if the husband fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the husband’s absence, may take any action that is authorized by law, including but not limited to terminating the husband’s parental rights and entering a judgment of nonpaternity on the date specified in the order or on a future date, without the consent of the husband.
     (9) If a husband fails to file a written answer as required in subsection (6) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the husband and in the husband’s absence, may take any action that is authorized by law, including but not limited to terminating the husband’s parental rights and entering a judgment of nonpaternity.
     (10) There shall be sufficient proof to enable the court to grant the relief sought without notice to the husband provided that the affidavit of the mother of the child, of the husband or of another person with knowledge of the facts filed in the proceeding states or the court finds from other competent evidence:
     (a) That the mother of the child was not cohabiting with her husband at the time of conception of the child and that the husband is not the father of the child;
     (b) That the husband has not been judicially determined to be the father;
     (c) That the child has not resided with the husband; and
     (d) That the husband has not contributed or tried to contribute to the support of the child.
     (11) Notwithstanding the provision of ORS 109.070 (1)(a), service of a summons and a motion and order to show cause on the husband under subsection (3) of this section is not required and the husband’s consent, authorization or waiver is not required in adoption proceedings concerning the child unless the husband has met the requirements of subsection (3)(a), (b) or (c) of this section.
     (12) A husband who was not cohabiting with the mother at the time of the child’s conception has the primary responsibility to protect the husband’s rights.
     (13) Nothing in this section shall be used to set aside an act of a permanent nature, including but not limited to adoption or termination of parental rights, unless the father establishes, within one year after the entry of the order or general judgment, as defined in ORS 18.005, fraud on the part of the petitioner with respect to the matters specified in subsection (10)(a), (b), (c) or (d) of this section. [1957 c.710 §8 (109.312 to 109.329 enacted in lieu of 109.320); 1959 c.609 §1; 1967 c.385 §1; 1969 c.591 §287; 1975 c.640 §16; 1989 c.907 §1; 1995 c.514 §19; 2003 c.576 §148; 2005 c.160 §16; 2005 c.369 §7]
     Note: The amendments to
109.326 by section 22, chapter 160, Oregon Laws 2005, become operative January
2, 2008. See section 23, chapter 160, Oregon Laws 2005. The text that is
operative on and after January 2, 2008, is set forth for the userÂ’s
convenience.
     109.326. (1) If the
mother of a child was married at the time of the conception or birth of the
child, and it has been determined pursuant to ORS 109.070 or judicially
determined that her husband at such time or times was not the father of the
child, the husbandÂ’s authorization or waiver is not required in adoption,
juvenile court or other proceedings concerning the custody of the child.
     (2) If paternity of the child has not been determined, a determination of nonpaternity may be made by any court having adoption, divorce or juvenile court jurisdiction. The testimony or affidavit of the mother or the husband or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination.
     (3) Before making the determination of nonpaternity, the petitioner shall serve on the husband a summons and a true copy of a motion and order to show cause why the husband’s parental rights should not be terminated if:
     (a) There has been a determination by any court of competent jurisdiction that the husband is the father of the child;
     (b) The child resided with the husband at any time since the child’s birth; or
     (c) The husband repeatedly has contributed or tried to contribute to the support of the child.
     (4) When the petitioner is required to serve the husband with a summons and a motion and order to show cause under subsection (3) of this section, service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (6) of this section. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents.
     (5) A summons under subsection (3) of this section must contain:
     (a) A statement that if the husband fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the husband’s absence, may take any action that is authorized by law, including but not limited to terminating the husband’s parental rights and entering a judgment of nonpaternity on the date the answer is required or on a future date.
     (b) A statement that:
     (A) The husband must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the husband is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting.
     (B) In the answer, the husband must inform the court and the petitioner of the husband’s telephone number or contact telephone number and the husband’s current residence, mailing or contact address in the same state as the husband’s home. The answer may be in substantially the following form:
______________________________________________________________________________
IN
THE CIRCUIT COURT OF
THE
STATE OF OREGON
FOR
THE COUNTY OF _________
_________,    )
Petitioner,       )          NO._____
                       )
                       )          ANSWER
and                             )
                       )
_________,    )
Respondent.   )
     [ ] I consent to the
termination of any parental rights that I may have.
     [ ] I do not consent to
the termination of my parental rights. The court should not order the
termination of my parental rights for the following reasons:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________
__________________
Signature
DATE:_____________________
ADDRESS OR CONTACT ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT TELEPHONE:
_____________________
______________________________________________________________________________
     (c) A notice that, if the husband answers the motion and order to show cause, the court:
     (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition;
     (B) Will order the husband to appear personally; and
     (C) May schedule other hearings related to the petition and may order the husband to appear personally.
     (d) A notice that the husband has the right to be represented by an attorney. The notice must be in substantially the following form:
______________________________________________________________________________
     You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information.
______________________________________________________________________________
     (e) A statement that the husband has the responsibility to maintain contact with the husband’s attorney and to keep the attorney advised of the husband’s whereabouts.
     (6) A husband who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the husband is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the husband shall inform the court and the petitioner of the husband’s telephone number or contact telephone number and current address, as defined in ORS 25.011. The answer may be in substantially the form described in subsection (5) of this section.
     (7) If the husband requests the assistance of appointed counsel and the court determines that the husband is financially eligible, the court shall appoint an attorney to represent the husband at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216.
     (8) If the husband files an answer as required under subsection (6) of this section, the court, by oral order made on the record or by written order provided to the husband in person or mailed to the husband at the address provided by the husband, shall:
     (a) Inform the husband of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition;
     (b) Require the husband to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and
     (c) Inform the husband that, if the husband fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the husband’s absence, may take any action that is authorized by law, including but not limited to terminating the husband’s parental rights and entering a judgment of nonpaternity on the date specified in the order or on a future date, without the consent of the husband.
     (9) If a husband fails to file a written answer as required in subsection (6) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the husband and in the husband’s absence, may take any action that is authorized by law, including but not limited to terminating the husband’s parental rights and entering a judgment of nonpaternity.
     (10) There shall be sufficient proof to enable the court to grant the relief sought without notice to the husband provided that the affidavit of the mother of the child, of the husband or of another person with knowledge of the facts filed in the proceeding states or the court finds from other competent evidence:
     (a) That the mother of the child was not cohabiting with her husband at the time of conception of the child and that the husband is not the father of the child;
     (b) That the husband has not been judicially determined to be the father;
     (c) That the child has not resided with the husband; and
     (d) That the husband has not contributed or tried to contribute to the support of the child.
     (11) Notwithstanding the provision of ORS 109.070 (1)(b), service of a summons and a motion and order to show cause on the husband under subsection (3) of this section is not required and the husband’s consent, authorization or waiver is not required in adoption proceedings concerning the child unless the husband has met the requirements of subsection (3)(a), (b) or (c) of this section.
     (12) A husband who was not cohabiting with the mother at the time of the child’s conception has the primary responsibility to protect the husband’s rights.
     (13) Nothing in this section shall be used to set aside an act of a permanent nature, including but not limited to adoption or termination of parental rights, unless the father establishes, within one year after the entry of the order or general judgment, as defined in ORS 18.005, fraud on the part of the petitioner with respect to the matters specified in subsection (10)(a), (b), (c) or (d) of this section.
     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 and an attached affidavit, that each petitioner:
     (a) Understands the significance and ramifications of the adoption; and
     (b) Is not acting under duress, coercion or undue influence.
     (4) In a proceeding under this section, the court may:
     (a) Appoint counsel for each petitioner or for the person to be adopted or both or appoint a visitor, as provided in ORS 125.150. If the court appoints counsel or a visitor or both under this paragraph, the court shall apportion the costs among each petitioner and the person being adopted.
     (b) Hold a hearing.
     (c) On the court’s own motion, take testimony from or hold a conference with each petitioner and the person to be adopted. The court may hold a conference with one party and exclude the other party from the conference. In such a case, the court shall allow the attorney for the excluded party to attend the conference.
     (d) Require that notice of the proceeding be provided by each petitioner to any or all of the following:
     (A) The spouse of each petitioner.
     (B) A person cohabiting with a petitioner who is interested in the affairs and welfare of the petitioner.
     (C) The adult children of each petitioner.
     (5) If, upon a petition for adoption presented and consented to in writing by each petitioner and the person to be adopted, the court is satisfied as to the identity and relations of each petitioner and the person to be adopted, that each petitioner understands the significance and ramifications of the adoption, that each petitioner is not acting under duress, coercion or undue influence and that it is fit and proper that the adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the person to be adopted, for all legal intents and purposes, is the child of the petitioner or petitioners.
     (6) The provisions of ORS 109.308, 109.309, 109.342 and 109.353 do not apply to an adoption under this section. [1957 c.710 §10 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.827 §13; 2003 c.579 §2]
     109.330 Notice to
nonconsenting parent; notice when child has no parent, guardian or next of kin.
(1) In the cases provided for in ORS 109.314, 109.322 and 109.324, when a
parent does not consent to the adoption of the child, the petitioner shall
serve the parent with a summons and a true copy of a motion and order to show
cause why the proposed adoption should not be ordered without the parentÂ’s
consent. Except as provided in subsection (3) of this section, service must be
made in the manner provided in ORCP 7 D and E. Service must be proved as
required in ORCP 7 F. The summons and the motion and order to show cause need
not contain the names of the adoptive parents.
     (2) A summons under this section must contain:
     (a) A statement that an adoption petition has been filed and that, if the parent fails to file a written answer to the motion and order to show cause within the time provided, the court, without further notice and in the parent’s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child if the court determines, on the date the answer is required or on a future date, that:
     (A) Consent of the parent is not required; and
     (B) The adoption is in the best interests of the child.
     (b) A statement that:
     (A) The parent must file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting.
     (B) In the answer, the parent must inform the court and the petitioner of the parent’s telephone number or contact telephone number and the parent’s current residence, mailing or contact address in the same state as the parent’s home. The answer may be in substantially the following form:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
_________,    )
Petitioner,       )          NO._____
                       )
                       )          ANSWER
and                             )
                       )
_________,    )
Respondent.   )
     [ ] I consent to the proposed adoption.
     [ ] I do not consent to the proposed adoption. The court should not order the proposed adoption without my consent for the following reasons:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________
__________________
Signature
DATE:__________________
ADDRESS OR CONTACT ADDRESS:
_____________________
_____________________
TELEPHONE OR CONTACT TELEPHONE:
_____________________
______________________________________________________________________________
     (c) A notice that, if the parent answers the motion and order to show cause, the court:
     (A) Will schedule a hearing to address the motion and order to show cause and, if appropriate, the adoption petition;
     (B) Will order the parent to appear personally; and
     (C) May schedule other hearings related to the petition and may order the parent to appear personally.
     (d) A notice that the parent has the right to be represented by an attorney. The notice must be in substantially the following form:
______________________________________________________________________________
     You have a right to be represented by an attorney. If you wish to be represented by an attorney, please retain one as soon as possible to represent you in this proceeding. If you meet the state’s financial guidelines, you are entitled to have an attorney appointed for you at state expense. To request appointment of an attorney to represent you at state expense, you must contact the circuit court immediately. Phone ______ for further information.
______________________________________________________________________________
     (e) A statement that the parent has the responsibility to maintain contact with the parent’s attorney and to keep the attorney advised of the parent’s whereabouts.
     (3) A parent who is served with a summons and a motion and order to show cause under this section shall file with the court a written answer to the motion and order to show cause within 30 days after the date on which the parent is served with the summons or, if service is made by publication or posting under ORCP 7 D(6), within 30 days from the date of last publication or posting. In the answer, the parent shall inform the court and the petitioner of the parent’s telephone number or contact telephone number and current address, as defined in ORS 25.011. The answer may be in substantially the form described in subsection (2) of this section.
     (4) If the parent requests the assistance of appointed counsel and the court determines that the parent is financially eligible, the court shall appoint an attorney to represent the parent at state expense. Appointment of counsel under this subsection is subject to ORS 135.055, 151.216 and 151.219. The court may not substitute one appointed counsel for another except pursuant to the policies, procedures, standards and guidelines adopted under ORS 151.216.
     (5) If the parent files an answer as required under subsection (3) of this section, the court, by oral order made on the record or by written order provided to the parent in person or mailed to the parent at the address provided by the parent, shall:
     (a) Inform the parent of the time, place and purpose of the next hearing or hearings related to the motion and order to show cause or the adoption petition;
     (b) Require the parent to appear personally at the next hearing or hearings related to the motion and order to show cause or the adoption petition; and
     (c) Inform the parent that, if the parent fails to appear as ordered for any hearing related to the motion and order to show cause or the adoption petition, the court, without further notice and in the parent’s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child on the date specified in the order or on a future date, without the consent of the parent.
     (6) If a parent fails to file a written answer as required in subsection (3) of this section or fails to appear for a hearing related to the motion and order to show cause or the petition as directed by court order under this section, the court, without further notice to the parent and in the parent’s absence, may take any action that is authorized by law, including but not limited to entering a judgment of adoption of the child without the consent of the parent if the court finds, on the date the answer is required or on a future date, the action to be in the child’s best interests.
     (7) If the child has no living parent and no guardian or next of kin in this state qualified to appear in behalf of the child, the court may order such notice, if any, to be given as the court deems necessary or proper. [Amended by 1957 c.710 §11; 1967 c.385 §2; 1969 c.591 §288; 1975 c.640 §17; 1979 c.284 §101; 2005 c.369 §1]
     109.332 Grandparent
visitation in stepparent adoption. (1) When a petition has been filed under
ORS 109.309 concerning the adoption by a stepparent of a child, a grandparent
served with a copy of the petition under ORS 109.309 (7) may file a motion with
the court asking the court to award a grandparent the right to regular
visitation with the child after the adoption. A motion under this subsection
must be filed no later than 30 days after service of the petition.
     (2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that:
     (a) Establishing visitation rights is in the best interests of the child;
     (b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and
     (c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family.
     (3) As used in this section, “grandparent” includes a grandparent who has established custody, visitation or other rights under ORS 109.119. [1993 c.689 §2; 1993 c.717 §10; 1995 c.90 §4; 2001 c.873 §7; 2003 c.258 §3; 2005 c.22 §88]
     Note: 109.332 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 109 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
     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 109.309 for leave to adopt a minor
child and the required consent thereto has been filed, the court before which
the petition is pending may on its own motion enter an order appointing the
petitioner or some other suitable person guardian of the minor child pending
further order of the court or entry of a judgment under ORS 109.350. [1965
c.187 §1; 1967 c.231 §1; 1973 c.823 §108; 1995 c.664 §83; 2003 c.576 §149]
     109.340 [Repealed by
1957 c.412 §2 (7.211 enacted in lieu of 109.340)]
     109.342 Medical history of
child and biological parents required; content; delivery to adoptive parent and
to adoptee on majority. (1) Before any judgment of adoption of a minor is
entered, the court shall be provided a medical history of the child and of the
biological parents as complete as possible under the circumstances.
     (2) When possible, the medical history shall include, but need not be limited to:
     (a) A medical history of the adoptee from birth up to the time of adoption, including disease, disability, congenital or birth defects, and records of medical examinations of the child, if any;
     (b) Physical characteristics of the biological parents, including age at the time of the adoptee’s birth, height, weight, and color of eyes, hair and skin;
     (c) A gynecologic and obstetric history of the biological mother;
     (d) A record of potentially inheritable genetic or physical traits or tendencies of the biological parents or their families; and
     (e) Any other useful or unusual biological information that the biological parents are willing to provide.
     (3) The names of the biological parents shall not be included in the medical history.
     (4) The court shall give the history to the adoptive parents at the time the judgment is entered and shall give the history to the adoptee, upon request, after the adoptee attains the age of majority.
     (5) Subsection (1) of this section does not apply when a person is adopted by a stepparent.
     (6) The Department of Human Services shall prescribe a form for the compilation of the medical history. [1979 c.493 §2; 2003 c.576 §150]
     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 parentÂ’s right to payment for three adoption-related counseling
sessions prior to surrender or relinquishment of the child for adoption and
three sessions of adoption-related counseling after surrender or relinquishment
of the child for adoption.
     (2) Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent by either the attorney for the birth parent, the agency representative taking the birth parent’s consent or the attorney for the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written notice shall submit verification to the court that the notice was given to the consenting birth parent.
     (3) The prospective adoptive parent shall pay all uninsured costs of the adoption-related counseling required by this section, provided the counseling is received within one year of the date of surrender or relinquishment of the child for adoption.
     (4) Adoption-related counseling under this section, unless otherwise agreed to by the prospective adoptive parent and the consenting birth parent, shall be provided by:
     (a) A social worker employed by an Oregon licensed adoption agency other than the social worker assigned to the prospective adoptive parent;
     (b) A social worker, counselor or therapist who is working under the supervision of a licensed clinical social worker or a licensed professional counselor and who is knowledgeable about birth parent, adoption and grief and loss issues; or
     (c) A social worker, counselor or therapist who:
     (A) Has a graduate degree in social work, counseling or psychology; and
     (B) Is knowledgeable about birth parent, adoption and grief and loss issues.
     (5) The requirements of this section do not apply to:
     (a) An adoption in which a birth parent relinquishes parental rights to the Department of Human Services;
     (b) An adoption in which one parent retains parental rights;
     (c) An adoption in which the child is born in a foreign country and adopted under the laws of that country or readopted in Oregon;
     (d) An adoption in which the child is born in a foreign country and subsequently adopted in Oregon and in which the identity or whereabouts of the child’s birth parents are unknown; or
     (e) An adoption of an adult.
     (6) Failure to provide the notice required by this section or failure to pay the uninsured costs of adoption-related counseling required by this section is not grounds for setting aside an adoption judgment or for revocation of a written consent to an adoption or a certificate of irrevocability. [2001 c.586 §2; 2003 c.576 §151]
     Note: 109.346 and 109.347 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
     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. If, upon a petition for adoption duly presented and consented to,
the court is satisfied as to the identity and relations of the persons, that
the petitioner is of sufficient ability to bring up the child and furnish
suitable nurture and education, having reference to the degree and condition of
the parents, that, if applicable, the requirements of the Indian Child Welfare
Act (25 U.S.C. 1901 et seq.) have been met, and that it is fit and proper that
such adoption be effected, a judgment shall be made setting forth the facts,
and ordering that from the date of the judgment the child, to all legal intents
and purposes, is the child of the petitioner. In an adoption subject to the
Indian Child Welfare Act (25 U.S.C. 1901 et seq.), the state court shall
provide to the United States Secretary of the Interior a copy of the judgment
together with the other information required by the Indian Child Welfare Act
(25 U.S.C. 1901 et seq.). [Amended by 1959 c.430 §4; 1983 c.302 §3; 2003 c.576
§152]
     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
childÂ’s name. If in a petition for the adoption of a child a change of the
childÂ’s name is requested, the court, upon entering a judgment granting the
adoption, may also provide in the judgment for the change of name without the
notices required by ORS 33.420. [Amended by 1997 c.872 §24; 2003 c.576 §154]
     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]
     109.385 Certain adoptions in
foreign nations recognized; evidence. (1) An adoption in any foreign nation
under the laws of such nation of a person who is at the time of the adoption a
national of such nation by adoptive parents at least one of whom is a citizen
of the United States shall be recognized as a valid and legal adoption for all
purposes in the State of Oregon if the adoption is valid and legal in the
foreign nation wherein the adoption occurred.
     (2) The certificate of a judge of a court of general jurisdiction under the seal of the judge or the seal of the court in any foreign nation with respect to the adoption of a national of such foreign nation by adoptive parents at least one of whom is a citizen of the United States that all pertinent laws of such foreign nation have been complied with and the adoption is in all respects legal and valid shall be prima facie evidence in any court in the State of Oregon in any proceeding that such adoption was in fact legal and valid. Such certificate shall be prima facie evidence even if under the laws of the foreign nation the adoption is an administrative procedure and is not within the jurisdiction of the court or the judge making the certificate. [1961 c.95 §§2,3]
     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 109.316. [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 attorney thereof shall file with the petition an adoption
report form as provided in ORS 432.415.
     (2) Notwithstanding ORS 7.211, if the court enters a judgment of adoption, the clerk of the court shall review the personal particulars filled in on the form, shall fill in the remaining blanks on the form, shall certify the form and mail it to the State Registrar of the Center for Health Statistics as the adoption report as required under ORS 432.415. [1959 c.430 §1; 1983 c.709 §41; 1997 c.783 §45; 2003 c.576 §156]
     109.410 Certificate of
adoption; form; fee; persons eligible to receive copy; 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 shall not state the former name of the person adopted, unless the name was not changed by the judgment, and shall not state the name of either biological parent of the person adopted. However, if the adoption was by the adopted person’s stepparent, the name of the adopting stepparent’s spouse may be set forth in the certificate if requested.
     (4)(a) For the issuance of one certificate of adoption for any person who was adopted after October 3, 1979, a fee of not more than $1 may be charged and collected by the clerk of the court.
     (b) For additional certificates or for certificates of adoption for persons adopted prior to October 3, 1979, a fee of not more than $1 for each certificate may be charged and collected by the clerk of the court.
     (5) No certificate of adoption shall be issued to any person other than the persons described in subsection (1) of this section without order of the court.
     (6) For all purposes, the certificate of adoption shall constitute legal proof of the facts set forth therein, shall have the same force and effect and the same presumptions of validity as the judgment of adoption, and shall be entitled to full faith and credit. [1979 c.397 §2; 1985 c.496 §24; 2003 c.576 §157]
VOLUNTARY ADOPTION REGISTRY
     109.425 Definitions for ORS
109.425 and 109.435 to 109.507. As used in this section and ORS 109.435 to
109.507:
     (1) “Adoptee” means a person who has been adopted in the State of Oregon.
     (2) “Adoption” means the judicial act of creating the relationship of parent and child where it did not exist previously.
     (3) “Adoptive parent” means an adult who has become a parent of a child through adoption.
     (4) “Adult” means a person 18 years of age or older.
     (5) “Agency” means any public or private organization licensed or authorized under the laws of this state to place children for adoption.
     (6) “Birth parent” is:
     (a) The man or woman who is legally presumed under the laws of this state to be the father or mother of genetic origin of a child; and
     (b) A putative father of the child if the birth mother alleges he is the father and the putative father, by written affidavit or surrender and release executed within three years of the relinquishment of the child by the birth mother or the termination of parental rights of the birth mother, acknowledges being the child’s biological father.
     (7) “Department” means the Department of Human Services.
     (8)(a) “Genetic and social history” is a comprehensive report, when obtainable, of the health status and medical history of the birth parents and other persons related to the child.
     (b) The genetic and social history may contain as much of the following as is available:
     (A) Medical history;
     (B) Health status;
     (C) Cause of and age at death;
     (D) Height, weight, eye and hair color;
     (E) Ethnic origins; and
     (F) Religion, if any.
     (c) The genetic and social history may include the health status and medical history of:
     (A) The birth parents;
     (B) A putative father, if any;
     (C) Siblings to the birth parents, if any;
     (D) Siblings to a putative father, if any;
     (E) Other children of either birth parent, if any;
     (F) Other children of a putative father, if any;
     (G) Parents of the birth parents; and
     (H) Parents of a putative father, if any.
     (9) “Health history” is a comprehensive report, when obtainable, of the child’s health status and medical history at the time of placement for adoption, including neonatal, psychological, physiological and medical care history.
     (10) “Putative father” is a man who, under the laws of this state, is not legally presumed to be the father of genetic origin of a child, but who claims or is alleged to be the father of genetic origin of the child.
     (11) “Registry” is a voluntary adoption registry as established under ORS 109.450.
     (12) “Successor agency” is an agency which has the adoption records of another agency because of the merger of the agency and the successor agency or because a former agency has ceased doing business and has given its adoption records to the successor agency as provided in ORS 109.435 (2). [1983 c.672 §2; 1989 c.372 §1; 1993 c.410 §1; 1995 c.79 §39; 1995 c.730 §7; 1997 c.130 §3; 1997 c.442 §1; 2001 c.900 §14]
     Note: 109.425 to 109.507
and 109.990 (2) were enacted into law by the Legislative Assembly but were not
added to or made a part of ORS chapter 109 by legislative action. See Preface
to Oregon Revised Statutes for further explanation.
     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 adults who were adopted as
children have a strong desire to obtain identifying information about their
birth parents or putative father while other such adult adoptees have no such
desire. The state further recognizes that some birth parents have a strong
desire to obtain identifying information about their biological children who
were adopted, while other birth parents have no such desire. The state fully
recognizes the right to privacy and confidentiality of birth parents whose
children were adopted, the adoptees and the adoptive parents. The purpose of
ORS 7.211, 109.425 to 109.507 and 432.420 is to:
     (1) Set up a voluntary adoption registry where birth parents, putative fathers and adult adoptees may register their willingness to the release of identifying information to each other;
     (2) Provide for the disclosure of identifying information to birth parents and their genetic offspring through a social worker employed by a licensed adoption agency, if a birth parent or parents or putative father and the adult adoptee are registered;
     (3) Provide for the transmission of nonidentifying health and social and genetic history of the adult adoptees, birth parents, putative fathers and other specified persons; and
     (4) Provide for disclosure of specific identifying information to Indian tribes or governmental agencies when needed to establish the adoptee’s eligibility for tribal membership or for benefits or to a person responsible for settling an estate that refers to the adoptee. [1983 c.672 §1; 1989 c.372 §5; 1995 c.79 §40; 1995 c.730 §8; 1997 c.442 §2]
     Note: See note under
109.425.
     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 Information
confidential; exceptions. (1) A person or agency may not disclose any
confidential information relating to an adoption except as provided in
subsection (2) of this section and ORS 109.425 and 109.435 to 109.507 or
pursuant to a court order.
     (2) The provisions of subsection (1) of this section do not apply when confidential information relating to an international adoption is requested by the adult adoptee. [1983 c.672 §4; 1995 c.79 §41; 1995 c.730 §9; 2001 c.586 §1]
     Note: See note under
109.425.
     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 and 109.435 to 109.507, ORS 109.425 and 109.435 to 109.507 shall prevail. [1983 c.672 §6; 1995 c.79 §42; 1995 c.730 §10]
     Note: See note under
109.425.
     109.455 Persons eligible to
use registry. (1) As provided in ORS 109.475 and except as provided in
subsection (2) of this section, only a birth parent, adult adoptee, adult
genetic sibling of an adoptee, adoptive parent of a deceased adoptee or parents
or adult siblings of a deceased birth parent or parents may use the registry
for obtaining identifying information about birth parents, putative fathers,
adult adoptees and adult adoptee genetic siblings.
     (2) An adult adoptee who has a genetic sibling in the adult adoptee’s adoptive family who is under the age of 18 may not have access to the registry.
     (3) A putative father may not have access to the registry.
     (4) Birth parents, adult adoptees, adult genetic siblings of an adoptee, adoptive parent or parents of a deceased adoptee and parents or adult siblings of a deceased birth parent or parents shall work through the agency involved in the adoption, or its successor agency, or the Department of Human Services to receive information concerning the adoption. [1983 c.672 §7; 1989 c.372 §2; 1997 c.442 §3]
     Note: See note under
109.425.
     109.460 Persons eligible to
register. (1) An adult adoptee, each birth parent, a putative father, an
adult genetic sibling of an adoptee, an adoptive parent of a deceased adoptee
and a parent or adult sibling of a deceased birth parent or parents may
register by submitting a signed affidavit to the appropriate registry. The
affidavit shall contain the information listed in ORS 109.465 and a statement
of the registrantÂ’s willingness to be identified to the other relevant persons
who register. The affidavit gives authority to the registry to release
identifying information related to the registrant to the other relevant persons
who register. Each registration shall be accompanied by the birth certificate
of the registrant.
     (2) An adoptee, or the parent or guardian of an adoptee under 18 years of age, may register to have specific identifying information disclosed to Indian tribes or to governmental agencies in order to establish the adoptee’s eligibility for tribal membership or for benefits or to a person settling an estate. The information shall be limited to a true copy of documents that prove the adoptee’s lineage. Information disclosed in accordance with this subsection shall not be disclosed to the adoptee or the parent or guardian of the adoptee by the registry or employee or agency operating a registry nor by the Indian tribe, governmental agency or person receiving the information.
     (3) Except as provided in ORS 109.475 (2), if a birth parent or an adoptee fails to file an affidavit with the registry for any reason, including death or disability, identifying information shall not be disclosed to those relevant persons who do register.
     (4) Except as otherwise provided in ORS 109.503, a registry or employee or the agency operating a registry shall not contact or in any other way solicit any adoptee or birth parent to register with the registry. [1983 c.672 §8; 1989 c.372 §6; 1993 c.410 §10; 1997 c.442 §4]
     Note: See note under
109.425.
     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;
     (b) Any previous name by which the registrant was known;
     (c) The original or adopted names of the adopted child;
     (d) The place and date of birth of the adopted child, if known; and
     (e) The name and address of the agency, if known.
     (2) The registrant shall notify the registry of any change in name or address which occurs after the registrant registers. Upon registering, the registry shall inform the registrant that the registrant has the responsibility to notify the registry of a change in address. The registry is not required to search for a registrant who fails to notify the registry of a change in address.
     (3) A registrant may cancel the registrant’s registration at any time by giving the registry written notice of the registrant’s desires to so cancel. [1983 c.672 §9]
     Note: See note under
109.425.
     109.470 Continuing
registration by birth parent or putative father. (1) When an adoptee
reaches age 18, a birth parent of the adoptee, if the birth parent registered
with the registry before the adoptee was age 18, shall notify the registry in
writing only if the birth parent does not desire to continue the registration.
     (2) When an adoptee reaches age 18, a putative father of the adoptee, if the putative father registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the putative father does not desire to continue the registration.
     (3) A registry shall notify a birth parent or putative father of this requirement when the birth parent or putative father initially registers. [1983 c.672 §10; 1989 c.372 §3; 1997 c.442 §5; 1999 c.650 §1]
     Note: See note under
109.425.
     109.475 Processing
affidavits. (1) Upon receipt of the affidavit under ORS 109.460, the
registry shall process each affidavit in an attempt to match the adult adoptee
and the birth parents, the putative father, the adult genetic sibling, the
adoptive parent of a deceased adoptee or the parents or adult sibling of a
deceased birth parent or parents. The processing shall include research from
agency records, and if necessary from court records, to determine whether the
registrants match.
     (2) If the registry determines there is a match and if the relevant persons have registered with the registry and received the counseling required by ORS 109.480, notification of the match may be given by a registry to only:
     (a) A birth parent or parents of an adult adoptee and an adult adoptee;
     (b) The adult genetic siblings of an adult adoptee if the birth parent or parents are deceased;
     (c) Adult adoptee genetic siblings who have been adopted by different adoptive families and have no knowledge of their birth parents;
     (d) At the discretion of the agency operating the registry, parents or adult siblings of the birth parent or parents if the birth parent or parents are deceased; or
     (e) At the discretion of the agency operating the registry, the adoptive parent or parents of a deceased adoptee.
     (3) Notification of a match to the relevant parties shall be made through a direct and confidential contact. [1983 c.672 §11; 1997 c.442 §6]
     Note: See note under
109.425.
     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:
     (a) With a social worker employed by the registry; or
     (b) If the registrant is domiciled outside the state, with a social worker in that state who is selected by the registry.
     (2) The counseling required under subsection (1) of this section shall place an emphasis on an evaluation of the need for and the effect of the information or contact on the genetic family members and the relationships within the adoptive family. [1983 c.672 §12]
     Note: See note under
109.425.
     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, a putative father, an adult adoptee or an adult
genetic sibling, and shall not release information of any kind pertaining to:
     (1) The adoptive parents;
     (2) The siblings to the adult adoptee who are children of the adoptive parents; and
     (3) The income of any person. [1983 c.672 §14; 1997 c.442 §7]
     Note: See note under
109.425.
     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
putative father, member of a birth parentÂ’s or putative fatherÂ’s family, the
adoptee or the adoptive parents of the adoptee, may be provided, if available,
from an agency upon request to the following persons:
     (a) The adoptive parents of the child or the child’s guardian;
     (b) The birth parent of the adoptee;
     (c) An adult adoptee; and
     (d) In the event of the death of the adoptee:
     (A) The adoptee’s spouse if the spouse is the birth parent of the adoptee’s child or the guardian of any child of the adoptee; or
     (B) Any progeny of the adoptee who is 18 years of age or older.
     (2) The medical history part of the report mentioned in subsection (1) of this section may be in the form prescribed by the Department of Human Services under ORS 109.342.
     (3) The agency may charge the person requesting the information requested under subsection (1) of this section the actual cost of providing such information. [1983 c.672 §16; 1989 c.372 §4; 1997 c.442 §8]
     Note: See note under
109.425.
     109.502 Search for birth
parents, putative father or genetic siblings; who may initiate; information required;
fee. (1)(a) An adult adoptee or the adoptive parent of a minor or deceased
adoptee may request that the Department of Human Services or the Oregon
licensed adoption agency that facilitated the adoption conduct a search for the
adopteeÂ’s birth parents, putative father or, except as otherwise provided in
ORS 109.504 (1), for the adopteeÂ’s genetic siblings.
     (b) A birth parent, an adult genetic sibling of an adoptee or the parent or adult sibling of a deceased birth parent may request the department or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for an adult adoptee whom the birth parent relinquished for adoption.
     (c) A person requesting a search under paragraph (a) or (b) of this subsection shall direct the request for the search to the Oregon licensed adoption agency that facilitated the adoption. If the Oregon licensed adoption agency that facilitated the adoption is not conducting searches or has not been authorized by the department to conduct searches, the person shall direct the request to the department.
     (2) At the time of a request to conduct a search under this section, the requester shall provide the department or the Oregon licensed adoption agency that facilitated the adoption with such information as the department or the Oregon licensed adoption agency requires. The person requesting the search must be registered with a registry established under ORS 109.450.
     (3)(a) If the person has requested the department to conduct a search, upon payment by the requester of a fee established by rule under ORS 109.506, the department shall instruct an Oregon licensed adoption agency to conduct the search.
     (b) If the Oregon licensed adoption agency that facilitated the adoption meets the standards established by rule under ORS 109.506, upon payment by the requester of a fee established by rule under ORS 109.506, the Oregon licensed adoption agency shall conduct the search. [1993 c.410 §3; 1995 c.730 §12; 1997 c.442 §9]
     Note: See note under
109.425.
     109.503 Access to adoption
records for search; duties of searcher. (1) When the Department of Human
Services or an Oregon licensed adoption agency has been instructed to conduct a
search, the department or an Oregon licensed adoption agency may examine
adoption records maintained by the department and by private adoption agencies
under ORS 109.435. However, the department or an Oregon licensed adoption
agency may examine the adoption records of a private adoption agency only if
the private adoption agency allows the examination. The department or an Oregon
licensed adoption agency shall keep the records and information located in the
records confidential.
     (2) If the department or an Oregon licensed adoption agency is able to identify and locate the person being sought, the department or an Oregon licensed adoption agency shall make a confidential inquiry of that person to determine whether the person wishes to make contact with the person requesting the search. The department or an Oregon licensed adoption agency shall make the inquiry in person if possible. If the reason the person is requesting the search is because there is a serious medical condition in the person’s immediate family that is, or may be, an inheritable condition and the person being sought is biologically related to the ill person, the department or the Oregon licensed adoption agency shall inform the person being sought of that fact.
     (3)(a) If the person being sought wishes to make contact with the person requesting the search, the department or an Oregon licensed adoption agency shall:
     (A) Tell the person about the voluntary adoption registry under ORS 109.435 to 109.507 and that any contact will be made through the registry and its provisions and shall give the person any information and forms necessary to register;
     (B) Notify the voluntary adoption registry that the person being sought has been identified and located and has indicated that the person wishes to make contact; and
     (C) Return all materials and information obtained during the search to the department or agency responsible for maintaining the information.
     (b) If the person being sought has indicated a wish to make contact and has not registered with the voluntary adoption registry within 90 days after the confidential inquiry was made, the department or an Oregon licensed adoption agency, where practicable, shall contact the person to offer forms and materials to register and to determine if the person still intends to register.
     (4) If the person being sought does not wish to make contact with the person requesting the search, the department or an Oregon licensed adoption agency shall:
     (a) Tell the person about the voluntary adoption registry under ORS 109.435 to 109.507;
     (b) Notify the voluntary adoption registry that the person being sought has been identified, located and has indicated that the person does not wish to make contact; and
     (c) Return all materials and information obtained during the search to the department or agency responsible for maintaining the information.
     (5) If the department or an Oregon licensed adoption agency is unable to identify and locate the person being sought, the department or an Oregon licensed adoption agency shall notify the voluntary adoption registry of that fact.
     (6) Upon receiving notice under subsection (3)(a)(B), (4)(b) or (5) of this section, the voluntary adoption registry shall:
     (a) Enter the information into its records; and
     (b) Notify the person requesting the search only that the person being sought has or has not been located, and either:
     (A) Has indicated a wish to make contact and has been given information and forms necessary to register; or
     (B) Has indicated a wish not to make contact. [1993 c.410 §4; 1995 c.79 §43; 1995 c.730 §13; 1997 c.442 §10]
     Note: See note under
109.425.
     109.504 Effect on subsequent
searches when person sought in initial search refuses contact. (1) If an
adult adoptee or the adoptive parent of a minor or deceased adoptee has
initiated a search under ORS 109.502, the fact that the person being sought in
the original search does not wish to make contact does not prevent the adult
adoptee or the adoptive parent from requesting another search for a birth
parent or putative father not previously contacted. An adult adoptee or the
adoptive parent of a minor or deceased adoptee may not request a search for a
genetic sibling of the adoptee if there was a previous search for a birth
parent of the adoptee and the birth parent did not want to make contact with
the adult adoptee or adoptive parent.
     (2) The adult adoptee or adoptive parent of a minor or deceased adoptee shall request the search by repeating the process set out in ORS 109.502 and by paying the fees established by the Department of Human Services pursuant to ORS 109.506. [1993 c.410 §5; 1997 c.442 §11]
     Note: See note under
109.425.
     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 or an Oregon licensed adoption agency to all persons requesting a search under ORS 109.502; and
     (2) By the department or an Oregon licensed adoption agency only to those persons the department or an Oregon licensed adoption agency identifies and locates as the result of a search under ORS 109.503 and who express a wish to receive information. [1993 c.410 §6; 1995 c.730 §14]
     Note: See note under
109.425.
     109.506 Rulemaking; fees.
The Department of Human Services by rule shall establish:
     (1) Eligibility standards for Oregon licensed adoption agencies that conduct searches under ORS 109.503;
     (2) Standards of conduct for Oregon licensed adoption agencies that conduct searches under ORS 109.503;
     (3) Contracting procedures for Oregon licensed adoption agencies that conduct searches under ORS 109.503;
     (4) Search procedures to be followed by Oregon licensed adoption agencies that conduct searches under ORS 109.503; and
     (5) Fees to be paid by persons requesting a search under ORS 109.502. Fees authorized under this section include:
     (a) A fee to be paid to the department or an Oregon licensed adoption agency to cover all costs incurred in the search; and
     (b) A fee to be paid to the department or an Oregon licensed adoption agency to cover the administrative costs incurred in administering the search program. [1993 c.410 §7; 1995 c.730 §15; 1999 c.650 §3]
     Note: See note under
109.425.
     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 to examine confidential adoption records maintained by
the department as part of a search conducted under ORS 109.503.
     (2) A private adoption agency may allow the department or an Oregon licensed adoption agency to examine confidential adoption records maintained by the agency as part of a search conducted under ORS 109.503. [1993 c.410 §8; 1995 c.730 §16]
     Note: See note under
109.425.
AGE OF MAJORITY
     109.510 Age of majority.
Except as provided in ORS 109.520, in this state any person shall be deemed to
have arrived at majority at the age of 18 years, and thereafter shall:
     (1) Have control of the person’s own actions and business; and
     (2) Have all the rights and be subject to all the liabilities of a citizen of full age. [Amended by 1973 c.827 §14; 2005 c.22 §91]
     109.520 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.
[Amended by 1953 c.343 §2; 1957 c.710 §12; 1973 c.827 §15]
     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]
RIGHTS OF MINORS
     109.610 Right to treatment
for venereal disease without parental consent. (1) Notwithstanding any
other provision of law, a minor who may have come into contact with any
venereal disease may give consent to the furnishing of hospital, medical or
surgical care related to the diagnosis or treatment of such disease, if the
disease or condition is one which is required by law or regulation adopted
pursuant to law to be reported to the local or state health officer or board.
Such consent shall not be subject to disaffirmance because of minority.
     (2) The consent of the parent, parents, or legal guardian of such minor shall not be necessary to authorize such hospital, medical or surgical care and without having given consent the parent, parents, or legal guardian shall not be liable for payment for any such care rendered. [Formerly 109.105; 1977 c.303 §1]
     109.620 [Formerly
109.115; repealed by 1973 c.827 §83]
     109.630 [1971 c.726 §1;
1973 c.454 §1; repealed by 1973 c.827 §83]
     109.640 Right to medical or
dental treatment without parental consent; provision of birth control
information and services to any person. Any physician or nurse practitioner
may provide birth control information and services to any person without regard
to the age of the person. A minor 15 years of age or older may give consent to
hospital care, medical or surgical diagnosis or treatment by a physician
licensed by the Board of Medical Examiners for the State of Oregon, and dental
or surgical diagnosis or treatment by a dentist licensed by the Oregon Board of
Dentistry, without the consent of a parent or guardian, except as may be
provided by ORS 109.660. A minor 15 years of age or older may give consent to
diagnosis and treatment by a nurse practitioner who is licensed by the Oregon
State Board of Nursing under ORS 678.375 and who is acting within the scope of
practice for a nurse practitioner, without the consent of a parent or guardian
of the minor. [1971 c.381 §1; 2005 c.471 §7]
     109.650 Disclosure without
minorÂ’s consent and without liability. A hospital or any physician, nurse
practitioner or dentist as described in ORS 109.640 may advise the parent or
parents or legal guardian of any minor of the care, diagnosis or treatment or
the need for any treatment, without the consent of the patient, and any
hospital, physician, nurse practitioner or dentist is not liable for advising
the parent, parents or legal guardian without the consent of the patient. [1971
c.381 §2; 2005 c.471 §8]
     109.660 Construction.
The provisions of ORS 109.640, 109.650 and this section do not amend or
supersede the provisions of ORS 109.610 or 435.435. [1971 c.381 §3; 1973 c.827
§16]
     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, outpatient diagnosis or treatment of a mental or
emotional disorder or a chemical dependency, excluding methadone maintenance,
by a physician licensed by the Board of Medical Examiners for the State of
Oregon, a psychologist licensed by the State Board of Psychologist Examiners, a
nurse practitioner registered by the Oregon State Board of Nursing, a clinical
social worker licensed by the State Board of Clinical Social Workers or a
community mental health and developmental disabilities program established and
operated pursuant to ORS 430.620 when approved to do so by the Department of
Human Services pursuant to rule.
     (2) However, the person providing treatment shall have the parents of the minor involved before the end of treatment unless the parents refuse or unless there are clear clinical indications to the contrary, which shall be documented in the treatment record. The provisions of this subsection do not apply to:
     (a) A minor who has been sexually abused by a parent; or
     (b) An emancipated minor, whether emancipated under the provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or, for the purpose of this section only, emancipated by virtue of having lived apart from the parents or legal guardian while being self-sustaining for a period of 90 days prior to obtaining treatment as provided by this section. [1985 c.525 §1; 1989 c.721 §47; 1993 c.546 §137; 1997 c.249 §38]
     109.680 Disclosure without
minorÂ’s consent; civil immunity. A physician, psychologist, nurse
practitioner, licensed clinical social worker or community mental health and
developmental disabilities program described in ORS 109.675 may advise the
parent or parents or legal guardian of any minor described in ORS 109.675 of
the diagnosis or treatment whenever the disclosure is clinically appropriate
and will serve the best interests of the minorÂ’s treatment because the minorÂ’s
condition has deteriorated or the risk of a suicide attempt has become such
that inpatient treatment is necessary, or the minorÂ’s condition requires
detoxification in a residential or acute care facility. If such disclosure is
made, the physician, psychologist, nurse practitioner, licensed clinical social
worker or community mental health and developmental disabilities program shall
not be subject to any civil liability for advising the parent, parents or legal
guardian without the consent of the minor. [1985 c.525 §2; 1989 c.721 §48]
     109.685 Person providing
treatment or diagnosis not subject to civil liability for providing treatment
or diagnosis without consent of parent or guardian. A physician,
psychologist, nurse practitioner, licensed clinical social worker or community
mental health and developmental disabilities program described in ORS 109.675
who in good faith provides diagnosis or treatment to a minor as authorized by
ORS 109.675 shall not be subject to any civil liability for providing such
diagnosis or treatment without consent of the parent or legal guardian of the
minor. [1985 c.525 §3; 1989 c.721 §49]
     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
minorÂ’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 Department of Human Services shall adopt rules for the
implementation of ORS 109.675 to 109.695 by community mental health and
developmental disabilities programs approved to do so. Such rules shall provide
for the earliest feasible involvement of the parents or guardians in the treatment
plan consistent with clinical requirements of the minor. [1985 c.525 §5]
     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, paternity, termination of parental rights and protection from domestic violence in which the issue may appear. “Child custody proceeding” does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement under ORS 109.774 to 109.827.
     (5) “Commencement” means the filing of the first pleading in a proceeding.
     (6) “Court” means an entity authorized under the law of a state to establish, enforce or modify a child custody determination.
     (7) “Home state” means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, “home state” means the state in which the child lived from birth with any of the persons mentioned. Any temporary absence of any of the mentioned persons is part of the period.
     (8) “Initial determination” means the first child custody determination concerning a particular child.
     (9) “Issuing court” means the court that makes a child custody determination for which enforcement is sought under ORS 109.701 to 109.834.
     (10) “Issuing state” means the state in which a child custody determination is made.
     (11) “Modification” means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
     (12) “Person” means an individual, corporation, public corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or a governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
     (13) “Person acting as a parent” means a person, other than a parent, who:
     (a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
     (b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
     (14) “Physical custody” means the physical care and supervision of a child.
     (15) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
     (16) “Tribe” means an Indian tribe or band, or Alaskan Native village, that is recognized by federal law or formally acknowledged by a state.
     (17) “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child. [1999 c.649 §2; 2003 c.576 §159]
     Note: See note under 109.701.
     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
courtÂ’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, shall give information, if
reasonably ascertainable, under oath as to the childÂ’s present address or
whereabouts, the places where the child has lived during the last five years
and the names and present addresses of the persons with whom the child has
lived during that period. The pleading or affidavit must state whether the
party:
     (a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or parenting time or visitation with the child and, if so, identify the court, the case number and the date of the child custody determination, if any;
     (b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; and
     (c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or parenting time or visitation with, the child and, if so, the names and addresses of those persons.
     (2) If the information required by subsection (1) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
     (3) If the declaration as to any of the items described in subsection (1) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court’s jurisdiction and the disposition of the case.
     (4) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
     (5) If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice. Costs incurred by the court when special notice procedures are made necessary by the nondisclosure of identifying information shall be paid by the parties as deemed appropriate by the court. [1999 c.649 §21]
     Note: See note under
109.701.
     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; 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) Two copies, including one certified copy, of the determination sought to be registered and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and
     (c) Except as otherwise provided in ORS 109.767, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody, parenting time or visitation in the child custody determination sought to be registered.
     (2) On receipt of the documents required by subsection (1) of this section, the registering court shall cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form.
     (3) The person seeking registration of a child custody determination shall serve notice upon the persons named under subsection (1)(c) of this section notifying them of the opportunity to contest the registration in accordance with this section.
     (4) The notice required by subsection (3) of this section must state that:
     (a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
     (b) A hearing to contest the validity of the registered determination must be requested within 21 days after service of notice; and
     (c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
     (5) A person seeking to contest the validity of a registered order must request a hearing within 21 days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that:
     (a) The issuing court did not have jurisdiction under ORS 109.741 to 109.771;
     (b) The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 to 109.771; or
     (c) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of ORS 109.724, in the proceedings before the court that issued the order for which registration is sought.
     (6) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
     (7) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. [1999 c.649 §27]
     Note: See note under
109.701.
     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 allowed; exceptions; spousal privilege not allowed 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.
     (2) The court may not assess fees, costs or expenses against a state unless authorized by law other than ORS 109.701 to 109.834. [1999 c.649 §34]
     Note: See note under
109.701.
     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 109.311 (3) or who submits a false statement under ORS
109.311 (1) commits a Class C felony.
     (2) A person who violates any provision of ORS 109.311 (4) or 109.502 to 109.507 or any rule adopted pursuant to ORS 109.506 commits a Class A misdemeanor. [1985 c.403 §2 (4); 1993 c.717 §5; subsection (3) of 1993 Edition enacted as 1993 c.410 §9; 1995 c.79 §44; 1995 c.730 §4]
     Note: See note under
109.425.
_______________
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