2007 Oregon Code - Chapter 109 :: Chapter 109 - Parent and Child Rights and Relationships
Chapter 109 —
Parent and Child Rights and Relationships
2007 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
109.072Â Â Â Â Petition
to vacate or set aside paternity determination
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
109.322Â Â Â Â Consent
when parent mentally ill, mentally retarded 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 acknowledgment on grounds other than
fraud, duress or material mistake of fact has expired; or
     (B) Paternity has been established
pursuant to an order or judgment entered under ORS 109.124 to 109.230 or
416.430.
     (c) As used in this subsection, “expenses
of a minor child” includes only expenses incurred for the benefit of a minor
child.
     (2) Notwithstanding subsection (1) of this
section, a parent is not responsible for debts contracted by the other parent
after the separation of one parent from the other parent, except for debts
incurred for maintenance, support and education of the minor child of the
parents.
     (3) For the purposes of subsection (2) of this
section, parents are considered separated if they are living in separate
residences without intention of reconciliation at the time the debt is
incurred. The court may consider the following factors in determining whether
the parents are separated, in addition to other relevant factors:
     (a) Whether the parents subsequently
reconciled.
     (b) The number of separations and
reconciliations of the parents.
     (c) The length of time the parents lived
apart.
     (d) Whether the parents intend to
reconcile.
     (4) An action under this section must be
commenced within the period otherwise provided by law. [2005 c.732 §2]
     109.015
Proceedings for child support if child receives public assistance. If public assistance, as defined in ORS
416.400, is provided for any dependent child, the administrator, as defined in
ORS 25.010, may initiate proceedings under ORS chapter 18, 107, 108, 109, 110
or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 416.400 to 416.465, 419B.400 or
419C.590 to obtain support for the child from one or both parents or from any
other person legally responsible for the support of the child, including a
guardian or conservator. In any proceeding under any statute cited in this
section, the obligee is a party. [1983 c.767 §2; 1985 c.671 §44c; 1991 c.67 §22;
1993 c.33 §371; 1993 c.596 §19; 1993 c.798 §45; 1995 c.608 §36; 1997 c.249 §37;
2003 c.73 §54; 2003 c.572 §14; 2003 c.576 §577b; 2007 c.643 §2]
     109.020
When childÂ’s maintenance and education may be defrayed out of income of own
property. If any minor, whose
parent is living, has property the income of which is sufficient for the
maintenance and education of the minor in a manner more expensive than the
parent can reasonably afford, regard being had to the situation of the parentÂ’s
family and to all the circumstances of the case, the expenses of the
maintenance and education of the minor may be wholly or partially defrayed out
of the income of the property of the minor, as is judged reasonable by the
court having probate jurisdiction. The charges therefor may be allowed
accordingly in the settlement of the accounts of the guardian or the
conservator of the minor of the estate of the minor. [Amended by 1973 c.823 §104;
2007 c.22 §6]
     109.030
Equality in rights and responsibilities of parents. The rights and responsibilities of the
parents, in the absence of misconduct, are equal, and the mother is as fully
entitled to the custody and control of the children and their earnings as the
father. In case of the 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
     (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 ChildrenÂ’s Issues in the
United States Department of State the following documents:
     (i) Written notice of passport and travel
controls required under this paragraph; and
     (ii) A certified copy of a court order
issued under this section.
     (5) After considering the factors under
subsection (3) of this section and requiring a security, bond or other
guarantee under this section, the court shall issue a written determination
supported by findings of fact and conclusions of law.
     (6) Nothing in this section is intended to
limit the inherent power of a court in matters relating to children. [2003
c.532 §1; 2005 c.22 §85]
     Note: The amendments to 109.035 by section 17,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not filed
with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 109.035 by section 17, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 109.035, as amended by section
17, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     109.035. (1) As used in this section:
     (a) “Custody order” includes any order or
judgment establishing or modifying custody of, or parenting time or visitation
with, a minor child as described in ORS 107.095, 107.105 (1), 107.135 or
109.103.
     (b) “Foreign country” means any country
that:
     (A) Is not a signatory to the Hague
Convention on the Civil Aspects of International Child Abduction;
     (B) Does not provide for the extradition
to the
     (C) Has local laws or practices that would
restrict the other parent of the minor child from freely traveling to or
exiting from the country because of the race, religion, sex or sexual
orientation of the other parent;
     (D) Has local laws or practices that would
restrict the ability of the minor child from legally leaving the country after
the child reaches the age of majority because of the race, religion, sex or
sexual orientation of the child; or
     (E) Poses a significant risk that the
physical health or safety of the minor child would be endangered in the country
because of war, human rights violations or specific circumstances related to
the needs of the child.
     (2) A court that finds by clear and
convincing evidence a risk of international abduction of a minor child may
issue a court order requiring a parent who is subject to a custody order and
who plans to travel with a minor child to a foreign country to provide
security, bond or other guarantee as described in subsection (4) of this
section.
     (3) In determining whether a risk of
international abduction of a minor child exists, a court shall consider the
following factors involving a parent who is subject to a custody order:
     (a) The parent has taken or retained, attempted
to take or retain or threatened to take or retain a minor child in violation of
state law or a valid custody order and the parent is unable to present clear
and convincing evidence that the parent believed in good faith that the conduct
was necessary to avoid imminent harm to the parent or the child;
     (b) The parent has recently engaged in a
pattern of activities that indicates the parent is planning to abduct the minor
child from this country;
     (c) The parent has strong familial,
emotional or cultural connections to this country or another country,
regardless of citizenship or residency status; and
     (d) Any other relevant factors.
     (4) A security, bond or other guarantee
required by a court under this section may include, but is not limited to, any of
the following:
     (a) A bond or security deposit in an
amount that 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 ChildrenÂ’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.
     Note: 109.035 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 109 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     109.040 [Repealed by 1953 c.650 §4]
     109.041
Relationship between adopted child and natural and adoptive parents. (1) The effect of a judgment of adoption
heretofore or hereafter granted by a court of this state shall be that the
relationship, rights and obligations between an adopted person and the
descendants of the adopted person and
     (a) The adoptive parents of the adopted
person, their descendants and kindred, and
     (b) The natural parents of the adopted
person, their descendants and kindred
shall be the
same to all legal intents and purposes after the entry of such judgment as if
the adopted person had been born in lawful wedlock to the adoptive parents and
had not been born to the natural parents.
     (2) When a person has been or shall be
adopted in this state by a stepparent, this section shall leave unchanged the
relationship, rights and obligations between such adopted person and
descendants of the adopted person and natural parent of the adopted person, who
is the spouse of the person who adopted the person, and the descendants and
kindred of such natural parent. [1953 c.650 §1; 2003 c.576 §134]
     109.050
Relation of adopted child to adoptive parents. An adopted child bears the same relation to
adoptive parents and their kindred in every respect pertaining to the relation
of parent and child as the adopted child would if the adopted child were the
natural child of such parents.
     109.053 [1979 c.266 §1; 1981 c.614 §1; 1997 c.704 §55;
2003 c.576 §135; renumbered 108.045 in 2005]
     109.055 [1971 c.703 §1; 1973 c.827 §12e; repealed by
1979 c.266 §3]
     109.056
Delegation of certain powers by parent or guardian; delegation during period of
military service. (1) Except
as provided in subsection (2) or (3) of this section, a parent or guardian of a
minor or incapacitated person, by a properly executed power of attorney, may
delegate to another person, for a period not exceeding six months, any of the
powers of the parent or guardian regarding care, custody or property of the
minor child or ward, except the power to consent to marriage or adoption of a
minor ward.
     (2) A parent or guardian of a minor child
may delegate the powers designated in subsection (1) of this section to a
school administrator for a period not exceeding 12 months.
     (3)(a) As used in this subsection, “servicemember-parent”
means a parent or guardian:
     (A) Who is a member of the organized
militia of this state or a member of the Reserves of the Army, Navy, Air Force,
Marine Corps or Coast Guard of the United States; and
     (B) Who is required to enter and serve in
the active military service of the
     (b) A servicemember-parent of a minor
child may delegate the powers designated in subsection (1) of this section for
a period not exceeding the term of active duty service plus 30 days.
     (c) Except as provided in paragraph (d) of
this subsection, if the minor child is living with the childÂ’s other parent, a
delegation under paragraph (b) of this subsection must be to the parent with
whom the minor child is living unless a court finds that the delegation would
not be in the best interests of the minor child.
     (d) When the servicemember-parent has
joint custody of the minor child with the childÂ’s other parent or another
individual, and the servicemember-parent is married to an individual other than
the childÂ’s other parent, the servicemember-parent may delegate the powers
designated in subsection (1) of this section to the spouse of the
servicemember-parent for a period not exceeding the term of active duty service
plus 30 days, unless a court finds that the delegation would not be in the best
interests of the minor child. [Formerly 126.030; 2005 c.79 §4; 2007 c.250 §1]
     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 man is rebuttably presumed to be the
father of a child born to a woman if he and the woman were married to each
other at the time of the childÂ’s birth, without a judgment of separation,
regardless of whether the marriage is void.
     (b) A man is rebuttably presumed to be the
father of a child born to a woman if he and the woman were married to each
other and the child is born within 300 days after the marriage is terminated by
death, annulment or dissolution or after entry of a judgment of separation.
     (c) By the marriage of the parents of a
child after the birth of the child, and the parents filing with the State
Registrar of the Center for Health Statistics the voluntary acknowledgment of
paternity form as provided for by ORS 432.287.
     (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 (4)
to (7) 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) The paternity of a child established
under subsection (1)(a) or (c) of this section may be challenged in an action
or proceeding by the husband or wife. The paternity may not be challenged by a
person other than the husband or wife as long as the husband and wife are
married and cohabiting, unless the husband and wife consent to the challenge.
     (3) If the court finds that it is just and
equitable, giving consideration to the interests of the parties and the child,
the court shall admit evidence offered to rebut the presumption of paternity in
subsection (1)(a) or (b) of this section.
     (4)(a) 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 subparagraph, the date of a proceeding is the date on which an order is
entered in the proceeding.
     (b) To rescind the acknowledgment, the
party shall sign and file with the State Registrar of the Center for Health
Statistics a written document declaring the rescission.
     (5)(a) A signed voluntary acknowledgment
of paternity filed in this state may be challenged and set aside in circuit
court at any time after the 60-day period referred to in subsection (4) of this
section on the basis of fraud, duress or a material mistake of fact.
     (b) The challenge may be brought by:
     (A) A party to the acknowledgment;
     (B) The child named in the acknowledgment;
or
     (C) The Department of Human Services or
the administrator, as defined in ORS 25.010, if the child named in the
acknowledgment is in the care and custody of the department under ORS chapter
419B and the department or the administrator reasonably believes that the
acknowledgment was signed because of fraud, duress or a material mistake of
fact.
     (c) The challenge shall be initiated by
filing a petition with the circuit court. Unless otherwise specifically
provided by law, the challenge shall be conducted pursuant to the Oregon Rules
of Civil Procedure.
     (d) The party bringing the challenge has
the burden of proof.
     (e) Legal responsibilities arising from
the acknowledgment, including child support obligations, may not be suspended
during the challenge, except for good cause.
     (f) If the court finds by a preponderance
of the evidence that the acknowledgment was signed because of fraud, duress or
material mistake of fact, the court shall set aside the acknowledgment unless,
giving consideration to the interests of the parties and the child, the court
finds that setting aside the acknowledgment would be substantially inequitable.
     (6) 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 completed, a party to the acknowledgment,
or the department if the child named in the acknowledgment is in the care and
custody of the department under ORS chapter 419B, may apply to the
administrator for an order for blood tests in accordance with ORS 416.443.
     (7)(a) A voluntary acknowledgment of
paternity is not valid if, before the party signed the acknowledgment:
     (A) The party signed a consent to the
adoption of the child by another individual;
     (B) The party signed a document
relinquishing the child to a public or private child-caring agency;
     (C) The party’s parental rights were
terminated by a court; or
     (D) In an adjudication, the party was
determined not to be the biological parent of the child.
     (b) Notwithstanding any provision of
subsection (1)(c) or (e) of this section or ORS 432.287 to the contrary, an
acknowledgment signed by a party described in this subsection and filed with
the State Registrar of the Center for Health Statistics does not establish
paternity and is void. [1957 c.411 §2; 1969 c.619 §11; 1971 c.127 §2; 1975
c.640 §3; 1983 c.709 §37; 1995 c.79 §37; 1995 c.514 §7; 1999 c.80 §20; 2001
c.455 §17; 2003 c.576 §136; 2005 c.160 §§11,17; 2007 c.454 §1]
     109.072
Petition to vacate or set aside paternity determination. (1) As used in this section:
     (a) “Blood tests” has the meaning given
that term in ORS 109.251.
     (b) “Paternity judgment” means a judgment
or administrative order that:
     (A) Expressly or by inference determines
the paternity of a child, or that imposes a child support obligation based on
the paternity of a child; and
     (B) Resulted from a proceeding in which
blood tests were not performed and the issue of paternity was not challenged.
     (c) “Petition” means a petition or motion
filed under this section.
     (d) “Petitioner” means the person filing a
petition or motion under this section.
     (2)(a) The following may file in circuit
court a petition to vacate or set aside the paternity determination of a paternity
judgment, including any child support obligations established in the paternity
judgment, and for a judgment of nonpaternity:
     (A) A party to the paternity judgment.
     (B) The Department of Human Services if
the child is in the care and custody of the Department of Human Services under
ORS chapter 419B.
     (C) The Division of Child Support of the
Department of Justice if the child support rights of the child or of one of the
parties to the paternity judgment have been assigned to the state.
     (b) The petitioner may file the petition
in the circuit court proceeding in which the paternity judgment was entered, in
a related proceeding or in a separate action. The petitioner shall attach a
copy of the paternity judgment to the petition.
     (c) If the ground for the petition is that
the paternity determination was obtained by or was the result of mistake,
inadvertence, surprise or excusable neglect, the petitioner may not file the
petition more than one year after entry of the paternity judgment.
     (d) If the ground for the petition is that
the paternity determination was obtained by or was the result of fraud,
misrepresentation or other misconduct of an adverse party, the petitioner may
not file the petition more than one year after the petitioner discovers the fraud,
misrepresentation or other misconduct.
     (3) In the petition, the petitioner shall:
     (a) Designate as parties:
     (A) All persons who were parties to the
paternity judgment;
     (B) The child if the child is a child
attending school, as defined in ORS 107.108;
     (C) The Department of Human Services if
the child is in the care and custody of the Department of Human Services under
ORS chapter 419B; and
     (D) The Administrator of the Division of
Child Support of the Department of Justice if the child support rights of the
child or of one of the parties to the paternity judgment have been assigned to
the state.
     (b) Provide the full name and date of
birth of the child whose paternity was determined by the paternity judgment.
     (c) Allege the facts and circumstances that
resulted in the entry of the paternity judgment and explain why the issue of
paternity was not contested.
     (4) After filing a petition under this
section, the petitioner shall serve a summons and a true copy of the petition
on all parties as provided in ORCP 7.
     (5) The court, on its own motion or on the
motion of a party, may appoint counsel for the child. However, if requested to
do so by the child, the court shall appoint counsel for the child. A reasonable
fee for an attorney so appointed may be charged against one or more of the
parties or as a cost in the proceeding, but may not be charged against funds
appropriated for public defense services.
     (6) The court may order the mother, the
child and the man whose paternity of the child was determined by the paternity
judgment to submit to blood tests. In deciding whether to order blood tests,
the court shall consider the interests of the parties and the child and, if it
is just and equitable to do so, may deny a request for blood tests. If the
court orders blood tests under this subsection, the court shall order the
petitioner to pay the costs of the blood tests.
     (7) Unless the court finds, giving
consideration to the interests of the parties and the child, that to do so
would be substantially inequitable, the court shall vacate or set aside the
paternity determination of the paternity judgment, including provisions
imposing child support obligations, and enter a judgment of nonpaternity if the
court finds by a preponderance of the evidence that:
     (a) The paternity determination was
obtained by or was the result of:
     (A) Mistake, inadvertence, surprise or
excusable neglect; or
     (B) Fraud, misrepresentation or other
misconduct of an adverse party;
     (b) The mistake, inadvertence, surprise,
excusable neglect, fraud, misrepresentation or other misconduct was discovered
by the petitioner after the entry of the paternity judgment; and
     (c) Blood tests establish that the man is
not the biological father of the child.
     (8) If the court finds that the paternity
determination of a paternity judgment was obtained by or was the result of
fraud, the court may vacate or set aside the paternity determination regardless
of whether the fraud was intrinsic or extrinsic.
     (9) If the court finds, based on blood
test evidence, that the man may be the biological father of the child and that
the cumulative paternity index based on the blood test evidence is 99 or
greater, the court shall deny the petition.
     (10) The court may grant the relief
authorized by this section upon a partyÂ’s default, or by consent or stipulation
of the parties, without blood test evidence.
     (11) A judgment entered under this section
vacating or setting aside the paternity determination of a paternity judgment
and determining nonpaternity:
     (a) Shall contain the full name and date
of birth of the child whose paternity was established or declared by the
paternity judgment.
     (b) Shall vacate and terminate any ongoing
and future child support obligations arising from or based on the paternity
judgment.
     (c) May vacate or deem as satisfied, in
whole or in part, unpaid child support obligations arising from or based on the
paternity judgment.
     (d) May not order restitution from the
state for any sums paid to or collected by the state for the benefit of the
child.
     (12) If the court vacates or sets aside
the paternity determination of a paternity judgment under this section and
enters a judgment of nonpaternity, the petitioner shall send a court-certified
true copy of the judgment entered under this section to the State Registrar of
the Center for Health Statistics and to the Department of Justice as the state
disbursement unit. Upon receipt of the court-certified true copy of the
judgment entered under this section, the state registrar shall correct any
records maintained by the state registrar that indicate that the male party to
the paternity judgment is the father of the child.
     (13) The court may award to the prevailing
party a judgment for reasonable attorney fees and costs, including the cost of
any blood tests ordered by the court and paid by the prevailing party.
     (14) A judgment entered under this section
vacating or setting aside the paternity determination of a paternity judgment
and determining nonpaternity is not a bar to further proceedings to determine paternity,
as otherwise allowed by law.
     (15) If a man whose paternity of a child
has been determined by a paternity judgment has died, an action under this
section may not be initiated by or on behalf of the estate of the man.
     (16) This section does not limit the
authority of the court to vacate or set aside a judgment under ORCP 71, to
modify a judgment within a reasonable period, to entertain an independent
action to relieve a party from a judgment, to vacate or set aside a judgment
for fraud upon the court or to render a declaratory judgment under ORS chapter
28.
     (17) This section shall be liberally
construed to the end of achieving substantial justice. [2007 c.454 §9]
     Note: Section 10, chapter 454, Oregon Laws 2007,
provides:
     Sec.
10. Section 9 of this 2007
Act [109.072] applies to all paternity judgments, as defined in section 9 of
this 2007 Act, entered before, on or after the effective date of this 2007 Act
[January 1, 2008]. [2007 c.454 §10]
     Note: 109.072 was added to and made a part of ORS
chapter 109 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     109.073
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)(d), (e), (f) or (g) 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 §§12,18]
     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)(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. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160 §§13,19]
     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 childÂ’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 childÂ’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 childÂ’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 fatherÂ’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 fatherÂ’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 fatherÂ’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 fatherÂ’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 childÂ’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 to an unmarried woman
and paternity has been established under ORS 109.070, or if a child is born to
a married woman by a man other than her husband and the manÂ’s paternity has
been established under ORS 109.070, either parent may initiate a civil
proceeding to determine the custody or support of, or parenting time with, the
child. The proceeding shall be brought in the circuit court of the county in
which the child resides or is found or in the circuit court of the county in
which either parent resides. The parents have the same rights and
responsibilities regarding the custody and support of, and parenting time with,
their child that married or divorced parents would have, and the provisions of
ORS 107.093 to 107.425 that relate to custody, support and parenting time 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; 2007 c.454 §2]
     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 childÂ’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 childÂ’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 childÂ’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 childÂ’s psychological needs for a parent as well as the
childÂ’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 childÂ’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 woman 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 §§14,20;
2007 c.454 §3]
     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 woman pregnant with a child who may be born out of wedlock;
     (b) The duly appointed and acting guardian
of the child, conservator of the childÂ’s estate or a guardian ad litem, if the
guardian or conservator has the physical custody of the child or is providing
support for the child;
     (c) The administrator, as defined in ORS
25.010;
     (d) A man 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), (b), (c) or (e) of this section:
     (A) The name of the mother of the child
born out of wedlock or the woman pregnant with a child who may be born out of
wedlock;
     (B) The name of the mother’s husband if
the child is alleged to be a child born to a married woman by a man other than
her husband;
     (C) Facts showing the petitioner’s status
to initiate proceedings;
     (D) A statement that a respondent is the
father;
     (E) The probable time or period of time
during which conception took place; and
     (F) A statement of the specific relief
sought.
     (b) If the initiating party is a man
specified in subsection (1)(d) of this section:
     (A) The name of the mother of the child
born out of wedlock or the woman pregnant with a child who may be born out of
wedlock;
     (B) The name of the mother’s husband if
the child is alleged to be a child born to a married woman by a man other than
her husband;
     (C) 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;
     (D) The probable time or period of time
during which conception took place; and
     (E) A statement of the specific relief
sought.
     (3) When proceedings are initiated by the
administrator, as defined in ORS 25.010, the state and the childÂ’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.
     (5) A man whose paternity of a child has
been established under ORS 109.070 is a necessary party to proceedings
initiated under this section unless the paternity has been disestablished
before the proceedings are initiated. [1969 c.619 §1; 1971 c.191 §1; 1971 c.401
§3; 1971 c.779 §79; 1973 c.823 §105; 1975 c.458 §15a; 1975 c.640 §4a; 1979 c.90
§3; 1979 c.246 §5; 1983 c.762 §2; 1993 c.596 §21; 2001 c.334 §6; 2003 c.73 §56;
2007 c.454 §4]
     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,
the 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 agreement into any judgment rendered, and the court may order
such investigation or the production of such evidence as the court 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 may order either parent to
pay such sum as the court deems appropriate for the past and future support and
maintenance of the child during the childÂ’s minority and while the child is
attending school, as defined in ORS 107.108, and the reasonable and necessary
expenses incurred or to be incurred in connection with prenatal care, expenses
attendant with the birth and postnatal care. The court may grant the prevailing
party reasonable costs of suit, which may include expert witness fees, and
reasonable attorney fees at trial and on appeal. The provisions of ORS 107.108
apply to an order entered under this section for the support of a child
attending school.
     (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 the
documents.
     (6)(a) It is the policy of this state:
     (A) To encourage the settlement of cases
brought under this section; and
     (B) For courts to enforce the terms of
settlements described in paragraph (b) of 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 partyÂ’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.
     (7) If a man’s paternity of a child has
been established under ORS 109.070 and the paternity has not been
disestablished before proceedings are initiated under ORS 109.125, the court
may not render a judgment under ORS 109.124 to 109.230 establishing another manÂ’s
paternity of the child unless the judgment also disestablishes the paternity
established under ORS 109.070. [1969 c.619 §5; 1971 c.137 §1; 1971 c.191 §3;
1973 c.827 §12h; 1975 c.640 §15; 1981 c.897 §33; 1983 c.762 §5; 1989 c.417 §2;
1997 c.704 §57; 1999 c.80 §23; 2001 c.203 §6; 2003 c.576 §140; 2007 c.454 §5]
     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 partyÂ’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)(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). [1983 c.761 §11; 1985 c.671 §42; 1995
c.608 §4; 1999 c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160 §§15,21]
     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 the courtÂ’s or
administratorÂ’s 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 the courtÂ’s or administratorÂ’s 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; 2007 c.71 §28]
     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 courtÂ’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
     (a) Provides information to a prospective
adoptive parent about adoption;
     (b) Includes investigation and study by
the department or by an
     (c) Includes a written report concerning
the prospective parentÂ’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 departmentÂ’s
or the agencyÂ’s recommendation to the court concerning whether the court should
grant the petition for adoption based upon the departmentÂ’s or the agencyÂ’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
     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) An adoptive parent and a birth parent
may enter into a written agreement, approved by the court, to permit continuing
contact between the birth relatives and the child or adoptive parents.
     (3) If the child is within the
jurisdiction of the juvenile court under ORS 419B.100, an adoptive parent and a
birth relative may enter into a written agreement, approved by the court, to
permit continuing contact between the birth relatives and the child or adoptive
parents. A birth relative that enters into an agreement under this subsection
must have established emotional ties creating an ongoing personal relationship,
as defined in ORS 109.119, with the child. If the child is under one year of
age, the ongoing personal relationship between the birth relative and the child
must have continued for at least half of the childÂ’s life.
     (4) If the child is 14 years of age or
older, an agreement made under this section may not be entered into without the
consent of the child.
     (5) As used in this section, “birth
relative” includes a birth parent, grandparent, sibling and other member of the
childÂ’s birth family.
     (6) The court may show approval of an
agreement made under this section by incorporating the agreement by reference
and indicating the courtÂ’s approval of the agreement in the adoption judgment.
     (7) Failure to comply with the terms of an
agreement made under this section is not grounds for setting aside an adoption
judgment or revocation of a written consent to an adoption.
     (8)(a) An agreement made under this
section may be enforced by a civil action. However, before a court may enter an
order requiring compliance with the agreement, the court must find that the
party seeking enforcement participated, or attempted to participate, in good
faith in mediating the dispute giving rise to the action prior to filing the
civil action.
     (b) The court may modify an agreement made
under this section if the court finds that the modification is necessary to
serve the best interests of the adopted child, that the party seeking
modification participated, or attempted to participate, in good faith in
mediation prior to seeking modification of the agreement and that:
     (A) The modification is agreed to by all
parties to the original agreement; or
     (B) Exceptional circumstances have arisen
since the parties entered into the agreement that justify modification of the
agreement.
     (9) The Department of Human Services is
not responsible for any costs associated with an agreement described in
subsection (3) of this section. [1957 c.710 §15; subsections (2), (3) and (4)
of 1993 Edition enacted as 1993 c.401 §1; 2003 c.576 §142; 2007 c.720 §1]
     Note: 109.305 (7) and (8) were enacted into law 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 courtÂ’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
     (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
     (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
     (b) A relative who qualifies under the
department administrative rules for a waiver of the departmentÂ’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 childÂ’s biological or
adoptive parents retains parental rights. The department shall waive
post-placement reports in an adoption in which one of the childÂ’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 personÂ’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 personÂ’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 personÂ’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
     (b) Upon receipt of a written request by
the petitionerÂ’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 petitionerÂ’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
     (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
     (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 412.001 to 412.161 and 412.991
and 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
     (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 personÂ’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 personÂ’s attorney must be licensed to practice in
     (c) Nothing in this subsection prohibits
an attorney licensed to practice in
     (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 personÂ’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
     (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
     (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 retarded or imprisoned. (1) If a parent has been adjudged mentally
ill or mentally retarded 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 retarded, 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 parent
who is imprisoned or adjudged mentally ill or mentally retarded 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; 2007 c.70 §22]
     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 parentÂ’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 a judgment of nonpaternity should
not be entered 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 childÂ’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 husbandÂ’s absence, may
take any action that is authorized by law, including but not limited to
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 husbandÂ’s telephone number or contact telephone
number and the husbandÂ’s current residence, mailing or contact address in the
same state as the husbandÂ’s home. The answer may be in substantially the
following form:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
FOR THE COUNTY OF _________
_________,    )
Petitioner,       )          NO._____
                      )
                      )          ANSWER
and                            )
                      )
_________,    )
Respondent.   )
     [ ] I consent to the entry of a judgment
of nonpaternity.
     [ ] I do not consent to the entry of a
judgment of nonpaternity. The court should not enter a judgment of nonpaternity
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 stateÂ’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 husbandÂ’s attorney and to keep the
attorney advised of the husbandÂ’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 husbandÂ’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 husbandÂ’s absence, may take any action that is authorized by law,
including but not limited to 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 husbandÂ’s absence, may take any action that is
authorized by law, including but not limited to 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 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 husbandÂ’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 childÂ’s conception has the primary responsibility
to protect the husbandÂ’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, 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 §§16,22; 2005 c.369 §7;
2007 c.454 §6]
     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 parentÂ’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 parentÂ’s telephone number or contact
telephone number and the parentÂ’s current residence, mailing or contact address
in the same state as the parentÂ’s home. The answer may be in substantially the
following form:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF
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 stateÂ’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 parentÂ’s attorney and to keep the
attorney advised of the parentÂ’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 parentÂ’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 parentÂ’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 parentÂ’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 childÂ’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 adopteeÂ’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 parentÂ’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
     (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 childÂ’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
childÂ’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
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 ________,
     (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 personÂ’s
stepparent, the name of the adopting stepparentÂ’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
     (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 childÂ’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 childÂ’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 adopteeÂ’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 adopteeÂ’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 adopteeÂ’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 adopteeÂ’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 childÂ’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 adopteeÂ’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
     (c) A person requesting a search under
paragraph (a) or (b) of this subsection shall direct the request for the search
to the
     (2) At the time of a request to conduct a
search under this section, the requester shall provide the department or the
     (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
     (b) If the
     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
     (2) If the department or an
     (3)(a) If the person being sought wishes
to make contact with the person requesting the search, the department or an
     (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
     (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
     (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
     (2) By the department or an
     Note: See note under 109.425.
     109.506
Rulemaking; fees. The
Department of Human Services by rule shall establish:
     (1) Eligibility standards for
     (2) Standards of conduct for
     (3) Contracting procedures for
     (4) Search procedures to be followed by
     (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
     (b) A fee to be paid to the department or
an
     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
     (2) A private adoption agency may allow
the department or an
     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 Oregon Medical Board, 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 Oregon Medical Board, 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
     (2) For purposes of this section, “minor”
means an unemancipated and unmarried person who is living apart from the personÂ’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 minorÂ’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 minorÂ’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
     (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
     (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
     (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 childÂ’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 childÂ’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 childÂ’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 childÂ’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 courtÂ’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 childÂ’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 stateÂ’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.
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.