71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2997
 
                         House Bill 3570
 
Sponsored by Representative ZAUNER (at the request of Bob Post)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits payment of fees to birth parents in adoption
proceedings.
 
                        A BILL FOR AN ACT
Relating to adoption; amending ORS 109.311 and 109.990.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 109.311 is amended to read:
  109.311. (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 State Office for
Services to Children and Families after consultation with
approved Oregon licensed adoption agencies.
  (2) No court shall grant a decree for an adoption of a minor
child in the absence of a placement report by the State Office
for Services to Children and Families or an Oregon licensed
adoption agency unless the filing of such report has been waived
by the State Office for Services to Children and Families. No
court shall grant a decree for an adoption of a minor child in
the absence of a written disclosure statement as described in
subsection (1) of this section or in the absence of a verified
statement by the petitioner that, to the best of the petitioner's
knowledge, no charges, except those reported in the disclosure
statement, have been or will be paid in connection with the
adoption.
  (3)   { - No person shall - }   { + 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 - }  { + .
Except as provided in subsection (4) of this section,  + }Oregon
licensed adoption agencies licensed under ORS chapter 418 may
charge  { + prospective adoptive parents  + }reasonable fees for
services provided by   { - them - }   { + the agencies + }.
   { +  (4) A person may not charge, accept or pay or offer to
charge, accept or pay a fee to a birth parent to place a child
for adoption or give consent to an adoption. + }
    { - (4)(a) - }   { + (5)(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 State Office for Services to Children and Families or a
licensed Oregon adoption agency or an agent, employee or person
with whom the office or adoption agency has a contract
authorizing such actions; or
  (B) A person who has completed a home study as required by ORS
109.309 (5)(a)(C) and has received a favorable recommendation
regarding the fitness of the person to be an adoptive parent or
the person's attorney or uncompensated agent. A written
declaration by the person who prepared the home study is
sufficient verification of compliance with this subparagraph. The
person's attorney must be licensed to practice in Oregon.
  (c) Nothing in this subsection prohibits an attorney licensed
to practice in Oregon from advertising the attorney's
availability to provide services related to the adoption of
children.
  (d) As used in this subsection, unless the context requires
otherwise, 'advertise' means to communicate by newspaper, radio,
television, handbills, placards or other print, broadcast or
electronic medium that originates within this state.
  SECTION 2. ORS 109.990 is amended to read:
  109.990. (1) A person who violates ORS 109.311 (3)  { + or
(4) + } 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) - }  { +  (5) + } or 109.502 to 109.507 or any rule
adopted pursuant to ORS 109.506 commits a Class A misdemeanor.
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