There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 3, Chapters 90 - 130
ORS Chapter 109
- Note: Definitions in 25.010 and 25.011 apply to ORS chapter 109. PARENT AND CHILD RELATIONSHIP
- 109.001 Breast-feeding in public place.
- 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.
- 109.010 Duty of support.
- 109.012 Liability of parents for expenses and education of children.
- 109.015 Proceedings for child support if child receives public assistance.
- 109.020 When child s maintenance and education may be defrayed out of income of own property.
- 109.030 Equality in rights and responsibilities of parents.
- 109.035 Security required before foreign travel with child.
- 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- 109.040 [Repealed by 1953 c.650 4]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.
- 109.050 Relation of adopted child to adoptive 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- 109.055 [1971 c.703 1; 1973 c.827 12e; repealed by 1979 c.266 3]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.
- 109.060 Legal status and legal relationships when parents not married.
- 109.070 Establishing paternity.
- 109.072 Petition to vacate or set aside paternity determination.
- 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.
- 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- 109.080 [1957 c.411 4; 1959 c.432 64; repealed by 1975 c.640 18]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.
- 109.092 Establishing paternity by acknowledgment; mother surrendering child for adoption.
- 109.094 Rights of father when paternity established; procedure when paternity established.
- 109.096 Notice to putative father when paternity not established.
- 109.098 Objection of putative father in proceeding referred to in ORS 109.096; effect of failure to appear and object.
- 109.100 Petition for support; effect of judgment; parties.
- 109.103 Proceeding to determine custody or support of child.
- 109.105 [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.
- 109.115 [1969 c.271 2; renumbered 109.620]
- 109.116 Validity of putative father s authorization, release or waiver.
- 109.118 Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child.
- 109.119 Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention.
- 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.
- 109.125 Who may initiate proceedings; petition; parties.
- 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.
- 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.
- 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.
- 109.160 [Repealed by 1969 c.619 15]
- 109.165 Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies.
- 109.170 [Repealed by 1969 c.619 15]
- 109.175 Determination of legal custody after paternity established.
- 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.
- 109.230 Legality of contract between mother and father of child born out of wedlock.
- 109.231 Records open to public.
- 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.
- 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.
- 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 mother s husband.
- Note: See note under 109.239.
- 109.247 Application of law to children resulting from artificial insemination.
- Note: See note under 109.239. UNIFORM ACT ON BLOOD TESTS TO DETERMINE PATERNITY
- 109.250 Short title.
- 109.251 Blood tests defined.
- 109.252 Authority for blood test; effect of refusal to submit to test; payment for test.
- 109.254 Selection of experts to make tests; admissible evidence.
- 109.256 Compensation of experts.
- 109.258 Effect of test results.
- 109.259 Temporary child support pending determination of paternity.
- 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 for nonsupport.
- 109.262 Uniformity of interpretation.
- 109.264 Parties.
- 109.304 Definitions for ORS 109.305 to 109.410; information in placement report.
- 109.305 Interpretation of adoption laws; agreement for continuing contact.
- 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.
- 109.308 Confidentiality of petitioners.
- 109.309 Petition for adoption; residency requirement; where filed; venue; notice; placement report; fee; rules.
- 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.
- 109.312 Consent to adoption.
- 109.313 Application for home study by Oregon resident.
- Note: 109.313 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.
- 109.314 Consent when custody of child has been awarded in divorce proceedings.
- 109.316 Consent by Department of Human Services or approved child-caring agency of this state.
- 109.318 Consent by organization located outside Oregon.
- 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.
- 109.324 Consent when parent has deserted or neglected child.
- 109.326 Consent when husband not father.
- 109.328 Consent of child 14 years of age or older.
- 109.329 Adoption of person 18 years of age or older or legally married.
- 109.330 Notice to nonconsenting parent; notice when child has no parent, guardian or next of kin.
- 109.332 Grandparent visitation in stepparent adoption.
- 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.
- 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.
- 109.345 [1961 c.99 1; 1969 c.198 56; repealed by 1993 c.717 11]
- 109.346 Adoption-related counseling for birth parent.
- 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.
- Note: See note under 109.346.
- 109.350 Judgment of adoption.
- 109.353 Notice of voluntary adoption registry required before judgment entered; waiver.
- Note: 109.353 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 109.360 Change of adopted child s name.
- 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.
- 109.385 Certain adoptions in foreign nations recognized; evidence.
- 109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings.
- 109.400 Adoption report form.
- 109.410 Certificate of adoption; form; fee; persons eligible to receive copy; status.
- 109.425 Definitions for ORS 109.425 and 109.435 to 109.507.
- 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.
- Note: See note under 109.425.
- 109.435 Adoption records to be permanently maintained.
- Note: See note under 109.425.
- 109.440 Information confidential; exceptions.
- Note: See note under 109.425.
- 109.445 Information of registry confidential.
- Note: See note under 109.425.
- 109.450 Child placement agency to maintain registry; Department of Human Services duties.
- Note: See note under 109.425.
- 109.455 Persons eligible to use registry.
- Note: See note under 109.425.
- 109.460 Persons eligible to register.
- Note: See note under 109.425.
- 109.465 Content of affidavit; notice of change in information.
- Note: See note under 109.425.
- 109.470 Continuing registration by birth parent or putative father.
- Note: See note under 109.425.
- 109.475 Processing affidavits.
- Note: See note under 109.425.
- 109.480 Counseling of registrant.
- Note: See note under 109.425.
- 109.485 Registry information to be maintained permanently.
- Note: See note under 109.425.
- 109.490 Limits on releasing information.
- Note: See note under 109.425.
- 109.495 Registrant fee.
- Note: See note under 109.425.
- 109.500 Genetic, social and health history; availability; fee.
- Note: See note under 109.425.
- 109.502 Search for birth parents, putative father or genetic siblings; who may initiate; information required; fee.
- Note: See note under 109.425.
- 109.503 Access to adoption records for search; duties of searcher.
- Note: See note under 109.425.
- 109.504 Effect on subsequent searches when person sought in initial search refuses contact.
- Note: See note under 109.425.
- 109.505 Support services; adoption and reunion issues.
- Note: See note under 109.425.
- 109.506 Rulemaking; fees.
- Note: See note under 109.425.
- 109.507 Access to Department of Human Services records required; access to private agency records discretionary.
- Note: See note under 109.425. AGE OF MAJORITY
- 109.510 Age of majority.
- 109.520 Majority of married persons.
- 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.
- 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.
- 109.650 Disclosure without minor s consent and without liability.
- 109.660 Construction.
- 109.670 Right to donate blood.
- 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.
- 109.675 Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent.
- 109.680 Disclosure without minor s consent; civil immunity.
- 109.685 Person providing treatment or diagnosis not subject to civil liability for providing treatment or diagnosis without consent of parent or guardian.
- 109.690 Parent or guardian not liable for payment under ORS 109.675.
- 109.695 Rules for implementation of ORS 109.675 to 109.695.
- 109.697 Right to contract for dwelling unit and utilities without parental consent.
- 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.
- 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.
- Note: See note under 109.701.
- 109.707 Proceedings governed by other law.
- 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.
- Note: See note under 109.701.
- 109.714 International application of ORS 109.701 to 109.834.
- Note: See note under 109.701.
- 109.717 Effect of child custody determination.
- Note: See note under 109.701.
- 109.720 [1973 c.375 1,23; repealed by 1999 c.649 55]
- 109.721 Priority.
- Note: See note under 109.701.
- 109.724 Notice to persons outside state.
- Note: See note under 109.701.
- 109.727 Appearance and limited immunity.
- Note: See note under 109.701.
- 109.730 [1973 c.375 3; repealed by 1999 c.649 55]
- 109.731 Communication between courts.
- Note: See note under 109.701.
- 109.734 Taking testimony in another state.
- Note: See note under 109.701.
- 109.737 Cooperation between courts; preservation of records.
- 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.
- Note: See note under 109.701.
- 109.744 Exclusive, continuing jurisdiction.
- Note: See note under 109.701.
- 109.747 Jurisdiction to modify determination.
- Note: See note under 109.701.
- 109.750 [1973 c.375 5; repealed by 1999 c.649 55]
- 109.751 Temporary emergency jurisdiction.
- Note: See note under 109.701.
- 109.754 Notice; opportunity to be heard; joinder.
- Note: See note under 109.701.
- 109.757 Simultaneous proceedings.
- Note: See note under 109.701.
- 109.760 [1973 c.375 6; repealed by 1999 c.649 55]
- 109.761 Inconvenient forum.
- Note: See note under 109.701.
- 109.764 Jurisdiction declined by reason of conduct.
- Note: See note under 109.701.
- 109.767 Information to be submitted to court.
- 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.
- Note: See note under 109.701. (Enforcement)
- 109.774 Definitions for ORS 109.774 to 109.827.
- Note: See note under 109.701.
- 109.777 Enforcement under Hague Convention.
- 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.
- Note: See note under 109.701.
- 109.784 Temporary order for parenting time or visitation.
- Note: See note under 109.701.
- 109.787 Registration of child custody determination; notice; fee; hearing.
- Note: Section 38, chapter 595, Oregon Laws 2011, provides:
- Sec. 38.
- 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.
- Note: See note under 109.701.
- 109.794 Simultaneous proceedings.
- Note: See note under 109.701.
- 109.797 Expedited enforcement of child custody determination.
- 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.
- Note: See note under 109.701.
- 109.804 Immediate physical custody of child allowed; exceptions; spousal privilege not allowed in certain proceedings.
- Note: See note under 109.701.
- 109.807 Warrant to take physical custody of child.
- Note: See note under 109.701.
- 109.810 [1973 c.375 11; repealed by 1999 c.649 55]
- 109.811 Costs, fees and expenses.
- Note: See note under 109.701.
- 109.814 Recognition and enforcement.
- Note: See note under 109.701.
- 109.817 Appeals.
- Note: See note under 109.701.
- 109.820 [1973 c.375 12; repealed by 1999 c.649 55]
- 109.821 Role of district attorney.
- Note: See note under 109.701.
- 109.824 Role of law enforcement officer.
- Note: See note under 109.701.
- 109.827 Costs and expenses of district attorney and law enforcement officers.
- 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.
- Note: See note under 109.701.
- 109.834 Severability clause.
- 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.
- Note: See note under 109.425. _______________
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