2013 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 109 - Parent and Child Rights and Relationships
Section 109.319 - Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees.


OR Rev Stat § 109.319 (2013) What's This?

(1) The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court.

(2) The clerk, court administrator or other person having custody of the records, papers and files in the court's record of an adoption case shall cause all records, papers and files relating to the adoption proceeding that are filed with the court, both prior to entry of judgment and after entry of judgment, to be sealed in the court's record of the adoption case. The clerk, court administrator or any other person having custody of records, papers and files in the court's record of an adoption case shall not unseal the court's record of the adoption case or allow inspection or copying of or disclose any information in the records, papers and files in the court's record of the adoption case to any person or entity, except as provided in this section or pursuant to ORS 109.305 to 109.410 or 109.425 to 109.507.

(3) Prior to entry of judgment in an adoption proceeding, and after entry of judgment in an adoption proceeding but prior to the minor child who is the subject of the adoption proceeding attaining 18 years of age, the following may inspect and copy sealed records, papers and files in the court's record of an adoption case without a court order:

(a) Judges of the court operating under the Judicial Department and court staff or other persons operating under the direction of the judges;

(b) Petitioners and their attorneys of record; and

(c) The Department of Human Services.

(4) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, the following may inspect and copy sealed records, papers and files in the court's record of the adoption case without a court order:

(a) Judges of the court operating under the Judicial Department and court staff or other persons operating under the direction of the judges;

(b) The person who was the minor child in the adoption proceeding, except that the person who was the minor child in the adoption proceeding may not inspect or copy the home study or evidence of a home study approved under ORS 109.309 (7) except pursuant to a court order and with good cause;

(c) Petitioners and their attorneys of record; and

(d) The Department of Human Services.

(5)(a) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, an individual whose consent for the adoption is required under ORS 109.321 may file a motion with the court to inspect and copy sealed records, papers and files in the court's record of the adoption case.

(b) Except as provided in paragraph (c) of this subsection, the court shall grant the motion except for good cause but must exclude from inspection and copying:

(A) The Adoption Summary and Segregated Information Statement and any exhibits attached to the statement that are contained in the court's record of the adoption case; or

(B) For adoption cases filed before January 1, 2014, any information, record, document or exhibit described in ORS 109.317.

(c) If the Department of Human Services consented or has the authority to consent to the adoption of a minor child under ORS 109.325 or 419B.529:

(A) A parent who has signed a release and surrender to the department under ORS 418.270, that was accepted by the department, or whose parental rights were terminated under ORS 419B.500 and 419B.502 to 419B.524, may file a motion with the court to inspect or copy sealed records, papers and files maintained in the court's record of the adoption case but may not be granted the right to inspect or copy:

(i) The Adoption Summary and Segregated Information Statement and exhibits attached to the statement; or

(ii) For adoption cases filed before January 1, 2014, any information, record, document or exhibit described in ORS 109.317.

(B) The court may grant the motion for good cause. The name, address or other identifying information of any individual or entity other than the parent filing the motion contained in the records, papers and files must be redacted and may not be disclosed as part of the inspection or copying allowed under this paragraph.

(6) Except as provided in subsection (5)(c) of this section, an individual or entity that signed a record, paper or document in a file contained in the court's record of the adoption case is entitled to inspect and obtain a copy of that record, paper or document without a court order. The signature of any other individual or entity on the same record, paper or document must be redacted or otherwise not disclosed as part of the inspection and copying permitted under this subsection.

(7) The Department of Human Services or an Oregon licensed child-caring agency as defined in ORS 418.205 may, without a court order, access, use or disclose records, papers and files in the court's record of an adoption case that are in the possession of the department or the agency for the purpose of providing adoption services or the administration of child welfare services that the department or agency is authorized to provide under applicable federal or state law.

(8) Except as otherwise provided in this section, a court may grant a motion and enter an order allowing inspection, copying or other disclosure of records, papers and files in the court's record of an adoption case for good cause.

(9) Nothing contained in this section shall prevent the clerk or court administrator from certifying or providing copies of a judgment of adoption to the petitioner in an adoption proceeding, to the petitioner's attorney of record or to the Department of Human Services.

(10) The provisions of this section do not apply to the disclosure of information under ORS 109.425 to 109.507.

(11) The court may impose and collect fees for copies and services provided under this section, including but not limited to filing, inspection and research fees.

(12) Unless good cause is shown, when the court grants a motion to inspect, copy or otherwise disclose records, papers and files in the court's record of an adoption case, the court shall order a prohibition or limitation on redisclosure of the records, papers and files, or of information contained in the records, papers and files.

(13) When inspection, copying or disclosure is allowed under this section, the court may require appropriate and reasonable verification of the identity of the requesting person to the satisfaction of the court. [2013 c.346 §6]

Note: Section 16 (2), chapter 346, Oregon Laws 2013, provides:

Sec. 16. (2) Section 6 of this 2013 Act [109.319] and the repeal of ORS 7.211 and 109.440 by section 7 of this 2013 Act apply to adoption cases commenced before, on or after the effective date of this 2013 Act [January 1, 2014]. [2013 c.346 §16(2)]

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