Chapter 109 — Parent
and Child Rights and Relationships
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
PARENT AND CHILD RIGHTS AND
RELATIONSHIPS
DOMESTIC RELATIONS
PARENT AND CHILD RELATIONSHIP
109.001 Breast-feeding
in public place
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
109.041 Relationship
between adopted child and natural and adoptive parents
109.050 Relation
of adopted child to adoptive parents
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
109.073 Social
Security number of parent in paternity order
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
109.112 Mother,
father or putative father deemed to have attained majority
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
FILIATION PROCEEDINGS
109.124 Definitions
for ORS 109.124 to 109.230
109.125 Who
may initiate proceedings; petition; parties
109.135 Circuit
court jurisdiction; equity suit; place of commencement
109.145 Court
may proceed despite failure to appear; evidence required
109.155 Hearing;
order for payment for support of child and other costs; policy regarding
settlement; enforcement of settlement terms; remedies
109.165 Vacation
or modification of judgment; policy regarding settlement; enforcement of
settlement terms; remedies
109.175 Determination
of legal custody after paternity established
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
109.237 Attorney
fees
ARTIFICIAL INSEMINATION
109.239 Rights
and obligations of children resulting from artificial insemination; rights and
obligations of donor of semen
109.243 Relationship
of child resulting from artificial insemination to mother’s husband
109.247 Application
of law to children resulting from artificial insemination
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
109.260 Applicability
to criminal actions for nonsupport
109.262 Uniformity
of interpretation
109.264 Parties
ADOPTION
109.304 Definitions
for ORS 109.305 to 109.410; information in placement report
109.305 Interpretation
of adoption laws; agreement for continuing contact
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
109.311 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
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
109.322 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
109.335 Appointment
of guardian pending further adoption proceedings
109.342 Medical
history of child and biological parents required; content; delivery to adoptive
parent and to adoptee on majority
109.346 Adoption-related
counseling for birth parent
109.347 Civil
action for failure to pay for counseling; attorney fees
109.350 Judgment
of adoption
109.353 Notice
of voluntary adoption registry required before judgment entered; waiver
109.360 Change
of adopted child’s name
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
VOLUNTARY ADOPTION REGISTRY
109.425 Definitions
for ORS 109.425 and 109.435 to 109.507
109.430 Policy
and purpose
109.435 Adoption
records to be permanently maintained
109.440 Information
confidential; exceptions
109.445 Information
of registry confidential
109.450 Child
placement agency to maintain registry; Department of Human Services duties
109.455 Persons
eligible to use registry
109.460 Persons
eligible to register
109.465 Content
of affidavit; notice of change in information
109.470 Continuing
registration by birth parent or putative father
109.475 Processing
affidavits
109.480 Counseling
of registrant
109.485 Registry
information to be maintained permanently
109.490 Limits
on releasing information
109.495 Registrant
fee
109.500 Genetic,
social and health history; availability; fee
109.502 Search
for birth parents, putative father or genetic siblings; who may initiate;
information required; fee
109.503 Access
to adoption records for search; duties of searcher
109.504 Effect
on subsequent searches when person sought in initial search refuses contact
109.505 Support
services; adoption and reunion issues
109.506 Rulemaking;
fees
109.507 Access
to Department of Human Services records required; access to private agency
records discretionary
AGE OF MAJORITY
109.510 Age
of majority
109.520 Majority
of married persons
RIGHTS OF MINORS
109.610 Right
to treatment for venereal disease without parental consent
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
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
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT
ACT
(General Provisions)
109.701 Short
title
109.704 Definitions
for ORS 109.701 to 109.834
109.707 Proceedings
governed by other law
109.711 Application
to Indian tribes
109.714 International
application of ORS 109.701 to 109.834
109.717 Effect
of child custody determination
109.721 Priority
109.724 Notice
to persons outside state
109.727 Appearance
and limited immunity
109.731 Communication
between courts
109.734 Taking
testimony in another state
109.737 Cooperation
between courts; preservation of records
(Jurisdiction)
109.741 Initial
child custody jurisdiction
109.744 Exclusive,
continuing jurisdiction
109.747 Jurisdiction
to modify determination
109.751 Temporary
emergency jurisdiction
109.754 Notice;
opportunity to be heard; joinder
109.757 Simultaneous
proceedings
109.761 Inconvenient
forum
109.764 Jurisdiction
declined by reason of conduct
109.767 Information
to be submitted to court
109.771 Appearance
of parties and child
(Enforcement)
109.774 Definitions
for ORS 109.774 to 109.827
109.777 Enforcement
under Hague Convention
109.781 Duty
to enforce
109.784 Temporary
order for parenting time or visitation
109.787 Registration
of child custody determination; notice; fee; hearing
109.791 Enforcement
of registered determination
109.794 Simultaneous
proceedings
109.797 Expedited
enforcement of child custody determination
109.801 Service
of petition and order
109.804 Immediate
physical custody of child allowed; exceptions; spousal privilege not allowed in
certain proceedings
109.807 Warrant
to take physical custody of child
109.811 Costs,
fees and expenses
109.814 Recognition
and enforcement
109.817 Appeals
109.821 Role
of district attorney
109.824 Role
of law enforcement officer
109.827 Costs
and expenses of district attorney and law enforcement officers
(Miscellaneous Provisions)
109.831 Application
and construction
109.834 Severability
clause
PENALTY
109.990 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 child’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 parent’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 father’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 mother’s death.
109.035 Security required before foreign
travel with child. (1) As used in this section:
(a)
“Custody order” includes any order or judgment establishing or modifying
custody of, or parenting time or visitation with, a minor child as described in
ORS 107.095, 107.105 (1), 107.135 or 109.103.
(b)
“Foreign country” means any country that:
(A)
Is not a signatory to the Hague Convention on the Civil Aspects of
International Child Abduction;
(B)
Does not provide for the extradition to the United States of a parental
abductor and minor child;
(C)
Has local laws or practices that would restrict the other parent of the minor
child from freely traveling to or exiting from the country because of the 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 Children’s Issues in the United States Department of State the
following documents:
(i)
Written notice of passport and travel controls required under this paragraph;
and
(ii)
A certified copy of a court order issued under this section.
(5)
After considering the factors under subsection (3) of this section and
requiring a security, bond or other guarantee under this section, the court
shall issue a written determination supported by findings of fact and
conclusions of law.
(6)
Nothing in this section is intended to limit the inherent power of a court in
matters relating to children. [2003 c.532 §1; 2005 c.22 §85; 2007 c.100 §17]
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 United
States under a call or order by the President of the United States or to serve
on active state duty as defined in ORS 398.002.
(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 child’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
child’s other parent or another individual, and the servicemember-parent is
married to an individual other than the child’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 child’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 party’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:
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
child’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 Oregon Health Authority, and the Center for
Health Statistics shall prepare a new birth certificate for the child. [1975
c.640 §6; 1983 c.709 §38; 2009 c.595 §67]
109.096 Notice to putative father when
paternity not established. (1) When the paternity of a
child has not been established under ORS 109.070, the putative father is
entitled to reasonable notice in adoption or other court proceedings concerning
the custody of the child, except for juvenile court proceedings, if the
petitioner knows, or by the exercise of ordinary diligence should have known:
(a)
That the child resided with the putative father at any time during the 60 days
immediately preceding the initiation of the proceeding, or at any time since
the child’s birth if the child is less than 60 days old when the proceeding is
initiated; or
(b)
That the putative father repeatedly has contributed or tried to contribute to
the support of the child during the year immediately preceding the initiation
of the proceeding, or during the period since the child’s birth if the child is
less than one year old when the proceeding is initiated.
(2)
Except as provided in subsection (3) or (4) of this section, a verified statement
of the mother of the child or of the petitioner, or an affidavit of another
person with knowledge of the facts, filed in the proceeding and asserting that
the child has not resided with the putative father, as provided in subsection
(1)(a) of this section, and that the putative father has not contributed or
tried to contribute to the support of the child, as provided in subsection
(1)(b) of this section, is sufficient proof to enable the court to grant the
relief sought without notice to the putative father.
(3)
The putative father is entitled to reasonable notice in a proceeding for the
adoption of the child if notice of the initiation of filiation proceedings as
required by ORS 109.225 was on file with the Center for Health Statistics of
the Oregon Health Authority prior to the child’s being placed in the physical
custody of a person or persons for the purpose of adoption by them. If the
notice of the initiation of filiation proceedings was not on file at the time
of the placement, the putative father is barred from contesting the adoption
proceeding.
(4)
Except as otherwise provided in subsection (3) of this section, the putative
father is entitled to reasonable notice in court proceedings concerning the
custody of the child, other than juvenile court proceedings, if notice of the
initiation of filiation proceedings as required by ORS 109.225 was on file with
the Center for Health Statistics prior to the initiation of the proceedings.
(5)
Notice under this section is not required to be given to a putative father who
was a party to filiation proceedings under ORS 109.125 that were dismissed or
resulted in a finding that he was not the father of the child.
(6)
The notice required under this section shall be given in the manner provided in
ORS 109.330.
(7)
No notice given under this section need disclose the name of the mother of the
child.
(8)
A putative father has the primary responsibility to protect his rights, and
nothing in this section shall be used to set aside an act of a permanent nature
including, but not limited to, adoption or termination of parental rights,
unless the father establishes within one year after the entry of the final
judgment or order fraud on the part of a petitioner in the proceeding with
respect to matters specified in subsections (1) to (5) of this section. [1975
c.640 §7; 1979 c.491 §1; 1983 c.709 §39; 1995 c.90 §1; 2003 c.576 §137; 2005
c.160 §5; 2009 c.595 §68]
109.098 Objection of putative father in
proceeding referred to in ORS 109.096; effect of failure to appear and object.
(1) If a putative father of a child by due appearance in a proceeding of which
he is entitled to notice under ORS 109.096 objects to the relief sought, the
court:
(a)
May stay the adoption or other court proceeding to await the outcome of the filiation
proceedings only if notice of the initiation of filiation proceedings was on
file as required by ORS 109.096 (3) or (4).
(b)
Shall, if filiation proceedings are not pending, inquire as to the paternity of
the child, the putative father’s past endeavors to fulfill his obligation to
support the child and to contribute to the pregnancy-related medical expenses,
the period that the child has lived with the putative father, the putative
father’s fitness to care for and rear the child and whether the putative father
is willing to be declared the father of the child and to assume the
responsibilities of a father.
(2)
If after inquiry under subsection (1)(b) of this section the court finds:
(a)
That the putative father is the father of the child and is fit and willing to
assume the responsibilities of a father, it shall have the power:
(A)
Upon the request of the putative father, to declare his paternity and to
certify the fact of paternity in the manner provided in ORS 109.094; and
(B)
To award custody of the child to the mother or the father as may be in the best
interests of the child, or to take any other action which the court may take if
the parents are or were married to each other.
(b)
That the putative father is not the father of the child, it may grant the
relief sought in the proceeding without the putative father’s consent.
(c)
That the putative father is the natural father of the child but is not fit or
willing to assume the responsibilities of a father, it may grant the relief
sought in the proceeding or any other relief that the court deems to be in the
best interests of the child, notwithstanding the father’s objection.
(3)
If a putative father of a child is given the notice of a proceeding required by
ORS 109.096 and he fails to enter due appearance and to object to the relief
sought therein within the time specified in the notice, the court may grant the
relief sought without the putative father’s consent. [1975 c.640 §8; 1995 c.90 §2;
2005 c.160 §6]
109.100 Petition for support; effect of
judgment; parties. (1) Any minor child or the
administrator may, in accordance with ORCP 27 A, apply to the circuit court in
the county in which the child resides, or in which the natural or adoptive
father or mother of the child may be found, for an order upon the child’s
father or mother, or both, to provide for the child’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 apply to proceedings under subsection (1) of this
section.
(6)
In any proceeding under this section, both the child’s physical and legal
custodians are parties to the action. [1963 c.497 §2; 1975 c.458 §14; 1979 c.90
§2; 1979 c.284 §100; 1989 c.812 §7; 1993 c.596 §20; 2003 c.73 §55a; 2003 c.116 §8;
2003 c.576 §244; 2011 c.595 §124]
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 man’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 107.449 that relate to custody, support and parenting time, and
the provisions of ORS 107.755 to 107.795 that relate to mediation procedures,
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; 2011
c.114 §4]
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 father’s
authorization, release or waiver. Any
authorization, release or waiver given by the putative father with reference to
the custody or adoption of the child or the termination of parental rights
shall be valid even if given prior to the child’s birth. [1975 c.640 §11]
109.118 Validity of decrees or orders
entered prior to July 3, 1975, concerning custody, adoption or permanent
commitment of child. All decrees or orders heretofore
entered in any court of this state concerning the custody, adoption or
permanent commitment of a child are hereby declared valid upon the expiration
of 30 days after July 3, 1975, notwithstanding that notice was not given to the
putative father of the child. [1975 c.640 §13]
109.119 Rights of person who establishes
emotional ties creating child-parent relationship or ongoing personal
relationship; presumption regarding legal parent; motion for intervention.
(1) Except as otherwise provided in subsection (9) of this section, any person,
including but not limited to a related or nonrelated foster parent, stepparent,
grandparent or relative by blood or marriage, who has established emotional
ties creating a child-parent relationship or an ongoing personal relationship
with a child may petition or file a motion for intervention with the court
having jurisdiction over the custody, placement or guardianship of that child,
or if no such proceedings are pending, may petition the court for the county in
which the child resides, for an order providing for relief under subsection (3)
of this section.
(2)(a)
In any proceeding under this section, there is a presumption that the legal
parent acts in the best interest of the child.
(b)
In an order granting relief under this section, the court shall include
findings of fact supporting the rebuttal of the presumption described in
paragraph (a) of this subsection.
(c)
The presumption described in paragraph (a) of this subsection does not apply in
a proceeding to modify an order granting relief under this section.
(3)(a)
If the court determines that a child-parent relationship exists and if the
court determines that the presumption described in subsection (2)(a) of this
section has been rebutted by a preponderance of the evidence, the court shall
grant custody, guardianship, right of visitation or other right to the person
having the child-parent relationship, if to do so is in the best interest of
the child. The court may determine temporary custody of the child or temporary
visitation rights under this paragraph pending a final order.
(b)
If the court determines that an ongoing personal relationship exists and if the
court determines that the presumption described in subsection (2)(a) of this
section has been rebutted by clear and convincing evidence, the court shall
grant visitation or contact rights to the person having the ongoing personal
relationship, if to do so is in the best interest of the child. The court may
order temporary visitation or contact rights under this paragraph pending a
final order.
(4)(a)
In deciding whether the presumption described in subsection (2)(a) of this
section has been rebutted and whether to award visitation or contact rights
over the objection of the legal parent, the court may consider factors
including, but not limited to, the following, which may be shown by the
evidence:
(A)
The petitioner or intervenor is or recently has been the child’s primary
caretaker;
(B)
Circumstances detrimental to the child exist if relief is denied;
(C)
The legal parent has fostered, encouraged or consented to the relationship
between the child and the petitioner or intervenor;
(D)
Granting relief would not substantially interfere with the custodial
relationship; or
(E)
The legal parent has unreasonably denied or limited contact between the child
and the petitioner or intervenor.
(b)
In deciding whether the presumption described in subsection (2)(a) of this
section has been rebutted and whether to award custody, guardianship or other
rights over the objection of the legal parent, the court may consider factors
including, but not limited to, the following, which may be shown by the
evidence:
(A)
The legal parent is unwilling or unable to care adequately for the child;
(B)
The petitioner or intervenor is or recently has been the child’s primary
caretaker;
(C)
Circumstances detrimental to the child exist if relief is denied;
(D)
The legal parent has fostered, encouraged or consented to the relationship
between the child and the petitioner or intervenor; or
(E)
The legal parent has unreasonably denied or limited contact between the child
and the petitioner or intervenor.
(5)
In addition to the other rights granted under this section, a stepparent with a
child-parent relationship who is a party in a dissolution proceeding may
petition the court having jurisdiction for custody or visitation under this
section or may petition the court for the county in which the child resides for
adoption of the child. The stepparent may also file for post-judgment
modification of a judgment relating to child custody.
(6)(a)
A motion for intervention filed under this section shall comply with ORCP 33
and state the grounds for relief under this section.
(b)
Costs for the representation of an intervenor under this section may not be
charged against funds appropriated for public defense services.
(7)
In a proceeding under this section, the court may:
(a)
Cause an investigation, examination or evaluation to be made under ORS 107.425
or may appoint an individual or a panel or may designate a program to assist
the court in creating parenting plans or resolving disputes regarding parenting
time and to assist the parties in creating and implementing parenting plans
under ORS 107.425 (3).
(b)
Assess against a party reasonable attorney fees and costs for the benefit of
another party.
(8)
When a petition or motion to intervene is filed under this section seeking
guardianship or custody of a child who is a foreign national, the petitioner or
intervenor shall serve a copy of the petition or motion on the consulate for
the child’s country.
(9)
This section does not apply to proceedings under ORS chapter 419B.
(10)
As used in this section:
(a)
“Child-parent relationship” means a relationship that exists or did exist, in
whole or in part, within the six months preceding the filing of an action under
this section, and in which relationship a person having physical custody of a
child or residing in the same household as the child supplied, or otherwise made
available to the child, food, clothing, shelter and incidental necessaries and
provided the child with necessary care, education and discipline, and which
relationship continued on a day-to-day basis, through interaction,
companionship, interplay and mutuality, that fulfilled the child’s
psychological needs for a parent as well as the child’s physical needs.
However, a relationship between a child and a person who is the nonrelated
foster parent of the child is not a child-parent relationship under this section
unless the relationship continued over a period exceeding 12 months.
(b)
“Circumstances detrimental to the child” includes but is not limited to
circumstances that may cause psychological, emotional or physical harm to a
child.
(c)
“Grandparent” means the legal parent of the child’s legal parent.
(d)
“Legal parent” means a parent as defined in ORS 419A.004 whose rights have not
been terminated under ORS 419B.500 to 419B.524.
(e)
“Ongoing personal relationship” means a relationship with substantial
continuity for at least one year, through interaction, companionship, interplay
and mutuality. [1985 c.516 §2; 1987 c.810 §1; 1993 c.372 §1; 1997 c.92 §1; 1997
c.479 §1; 1997 c.873 §20; 1999 c.569 §6; 2001 c.873 §§1,1a,1e; 2003 c.143 §§1,2;
2003 c.231 §§4,5; 2003 c.576 §§138,139]
109.120
[Repealed by 1969 c.619 §15]
109.121 [1979
c.776 §2; 1983 c.369 §2; 1987 c.810 §2; 1993 c.33 §291; 1999 c.477 §1; 1999
c.569 §7; repealed by 2001 c.873 §2]
109.123 [1979
c.776 §3; repealed by 2001 c.873 §2]
FILIATION PROCEEDINGS
109.124 Definitions for ORS 109.124 to
109.230. As used in ORS 109.124 to 109.230,
unless the context requires otherwise:
(1)
“Child attending school” has the meaning given that term in ORS 107.108.
(2)
“Child born out of wedlock” means a child born to an unmarried woman or to a
married woman by a man other than her husband.
(3)
“Respondent” may include, but is not limited to, one or more persons who may be
the father of a child born out of wedlock, the husband of a woman who has or
may have a child born out of wedlock, the mother of a child born out of
wedlock, the 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 child’s
estate or a guardian ad litem, if the guardian or conservator has the physical
custody of the child or is providing support for the child;
(c)
The administrator, 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 child’s mother and putative father are parties.
(4)
When a proceeding is initiated under this section and the child support rights
of one of the parties or of the child at issue have been assigned to the state,
a true copy of the petition shall be served by mail or personal delivery on the
Administrator of the Division of Child Support of the Department of Justice or
on the branch office providing support services to the county in which the suit
is filed.
(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 child’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 party’s ability, in
a separate proceeding, to file a motion to set aside, alter or modify a
judgment under ORS 109.165 or to seek enforcement of an ancillary agreement to
the judgment.
(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 man’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 party’s ability, in
a separate proceeding, to file a motion to modify an order or judgment under
subsection (1) of this section or to seek enforcement of an ancillary agreement
to the order or judgment. [1969 c.619 §6; 1973 c.827 §12i; 1989 c.812 §8; 1997
c.704 §58; 1997 c.707 §22; 2001 c.203 §8; 2003 c.116 §10; 2003 c.419 §3; 2003
c.576 §141]
109.170
[Repealed by 1969 c.619 §15]
109.175 Determination of legal custody after
paternity established. (1) If paternity of a child born
out of wedlock is established pursuant to a petition filed under ORS 109.125 or
an order or judgment entered pursuant to ORS 109.124 to 109.230 or ORS 416.400
to 416.465, or if paternity is established by the filing of a voluntary
acknowledgment of paternity as provided by ORS 109.070 (1)(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 Oregon Health Authority 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 child’s birth, or if the child is not yet born, the date and place
of the child’s conception and the probable date of the child’s birth, the full
names and addresses of the child’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; 2009 c.595 §69]
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 party’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 mother’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 mother’s husband.
The relationship, rights and obligation between a child born as a result of
artificial insemination and the mother’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 mother’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 Oregon Health Authority 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; 2009 c.595 §70]
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 court’s or administrator’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 court’s or
administrator’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
for nonsupport. ORS 109.250 to 109.262 apply to
criminal cases for nonsupport under ORS 163.555 subject to the following
limitations and provisions:
(1)
An order for the tests shall be made only upon application of a party or on the
court’s initiative.
(2)
The compensation of the experts shall be paid by the county in which the
proceedings are had under order of court.
(3)
The court may direct a verdict of acquittal upon the conclusions of all the
experts under the provisions of ORS 109.258, otherwise the case shall be
submitted for determination upon all evidence. [1953 c.628 §5; 2011 c.259 §1]
109.262 Uniformity of interpretation.
The Uniform Act on Blood Tests to Determine Paternity shall be so interpreted
and construed as to effectuate its general purpose to make uniform the law of
those states which enact it. [1953 c.628 §6]
109.264 Parties.
In any action under ORS 109.250 to 109.262, the mother, putative father and the
state are parties. [1993 c.596 §23]
ADOPTION
109.304 Definitions for ORS 109.305 to
109.410; information in placement report. As
used in ORS 109.305 to 109.410, unless the context requires otherwise:
(1)
“Home study” means an investigation conducted by the Department of Human
Services or by an Oregon licensed adoption agency that:
(a)
Provides information to a prospective adoptive parent about adoption;
(b)
Includes investigation and study by the department or by an Oregon licensed
adoption agency concerning a prospective parent’s suitability to adopt;
(c)
Includes a written report concerning the prospective parent’s suitability to
adopt; and
(d)
Is completed before the petition for adoption is filed.
(2)
“Placement report” means a written report prepared by the department or by an
Oregon licensed adoption agency after the petition for adoption has been filed
that includes the department’s or the agency’s recommendation to the court
concerning whether the court should grant the petition for adoption based upon
the department’s or the agency’s evaluation of:
(a)
The status and adjustment of the child; and
(b)
The status and adjustment of the child’s prospective adoptive parent.
(3)
Information gathered by the department or by an Oregon licensed adoption agency
during the preparation of the placement report may include information
concerning the child’s social, medical and genetic history and the birth parent’s
history as may be required by ORS 109.312 or 109.342. [1993 c.717 §8]
109.305 Interpretation of adoption laws;
agreement for continuing contact. (1) The rule
that statutes in derogation of common law are to be strictly construed does not
apply to the adoption laws of this state.
(2)
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 child’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 child’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 court’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 court’s
order of disposition of the petition. [1965 c.188 §2; 1983 c.369 §3; 1987 c.814
§2; 1993 c.33 §292; 1993 c.546 §117; 2003 c.576 §143]
109.308 Confidentiality of petitioners.
In an adoption proceeding that is contested or in which a summons is required
to be served, the court may preserve the confidentiality of the names and
addresses of the petitioners for the adoption if the court finds that to do so
is in the best interests of the child. [Formerly 109.235; 2005 c.369 §2]
109.309 Petition for adoption; residency requirement;
where filed; venue; notice; placement report; fee; rules.
(1) Any person may petition the circuit court for leave to adopt another person
and, if desired, for a change of the other person’s name. One petitioner, the
child, one parent or the person, who is not an adoption agency, consenting to
the adoption as required under ORS 109.312 (1) must be a resident of this
state. As used in this subsection, “resident” means a person who has resided in
this state continuously for a period of six months prior to the date of the
petition.
(2)
Except as provided in subsection (3) of this section, when the petition is for
the adoption of a minor child, the adoption is governed by the Uniform Child
Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834.
(3)(a)
Notwithstanding ORS 109.741 and 109.744, a court of this state has jurisdiction
over the adoption of a minor child if, immediately prior to the filing of a
petition for adoption:
(A)
The minor child resided in this state for at least six consecutive months
including periods of temporary absence;
(B)
One parent or another person, who is not an adoption agency, consenting to the
adoption as required under ORS 109.312 (1) resided in this state for at least
six consecutive months including periods of temporary absence;
(C)
The prospective adoptive parent resided in this state for at least six
consecutive months including periods of temporary absence and substantial
evidence is available in this state concerning the present or future care of
the minor child;
(D)
It appears that no court of another state would have jurisdiction under
circumstances substantially in accordance with subparagraphs (A) to (C) of this
paragraph; or
(E)
A court of another state has declined to exercise jurisdiction on the grounds
that this state is a more appropriate forum to hear a petition for adoption of
the minor child and it is in the best interests of the minor child that a court
of this state assume jurisdiction.
(b)
As used in paragraph (a) of this subsection, “periods of temporary absence”
means periods of absence of not more than a total of 30 days in the prior six
consecutive months.
(4)
The petition to adopt a person 18 years of age or older may be filed in the
county where the petitioner, the person to be adopted or the person who
consents to the adoption resides.
(5)
In a petition to adopt a minor child, venue lies in the Oregon county with
which the child has the most significant connection or in the Oregon county in
which the licensed adoption agency is located.
(6)(a)
When the petition is for the adoption of a minor child, the petitioner shall
also file at the time of filing the petition:
(A)
A written statement containing the full names and permanent addresses of:
(i)
The child;
(ii)
The petitioner;
(iii)
All persons whose consent to the adoption is required under ORS 109.312 when
such names are either known or may be readily ascertained by the petitioner;
(iv)
The persons with whom the child has lived during the last five years and the
places where the child has lived during that period, if the names and addresses
may be readily ascertained by the petitioner;
(v)
If known to the petitioner, any person not a party to the proceeding who has
physical custody of the child or claims rights of legal custody or physical
custody of, or parenting time or visitation with, the child; and
(vi)
The Oregon licensed adoption agency, if any, or the relative or person that
privately placed the child for adoption.
(B)
The documents demonstrating consent under ORS 109.312 to the adoption of the
minor child.
(C)
Written evidence documenting a current home study that has been approved by
either the Department of Human Services or an Oregon licensed adoption agency
submitted for the purpose of demonstrating that the petitioner meets the
minimum standards for adoptive homes as set forth in the department’s
administrative rules.
(b)
A relative who qualifies under the department administrative rules for a waiver
of the department’s home study requirements described in paragraph (a)(C) of
this subsection may file the request for waiver along with the petition for
adoption.
(c)
The department, upon request by the petitioner, may waive the home study
requirements described in paragraph (a)(C) of this subsection in an adoption in
which one of the child’s biological or adoptive parents retains parental
rights. The department shall waive post-placement reports in an adoption in
which one of the child’s biological or adoptive parents retains parental
rights.
(7)(a)
The petitioner shall cause copies of the documents required to be filed with
the court under subsection (6) of this section to be served upon the Director
of Human Services, by either registered or certified mail with return receipt
or personal service, within 30 days after the documents have been filed with
the court.
(b)
In the case of an adoption described in subsection (6)(c) of this section, the
petitioner shall also serve the petition, by either registered or certified
mail with return receipt or personal service:
(A)
On all persons whose consent to the adoption is required under ORS 109.312
unless the person’s written consent is filed with the court; and
(B)
On the parents of the party whose parental rights would be terminated, if the
names and addresses are known or may be readily ascertained by the petitioner.
Service required by this subparagraph may be waived by the court for good
cause.
(c)
When a parent of the child is deceased or incapacitated, the petitioner shall
also serve the petition on the parents of the deceased or incapacitated parent,
if the names and addresses are known or may be readily ascertained by the
petitioner. Service required by this paragraph may be waived by the court for
good cause. As used in this paragraph:
(A)
“Incapacitated” means a condition in which a person’s ability to receive and
evaluate information effectively or to communicate decisions is impaired to
such an extent that the person lacks the capacity to meet the essential
requirements for the person’s physical health or safety.
(B)
“Meet the essential requirements for the person’s physical health or safety”
means those actions necessary to provide the health care, food, shelter,
clothing, personal hygiene and other care without which serious physical injury
or illness is likely to occur.
(d)
The court may not rule upon the petition until at least 90 days after the date
that the documents were served upon the director. However, the department may
waive the 90-day period.
(8)(a)
Within 90 days after the service on the director, the department shall
investigate and file for the consideration of the judge before whom the
petition for adoption is pending a placement report containing information
regarding the status of the child and evidence concerning the suitability of
the proposed adoption. The department may designate an Oregon licensed adoption
agency to investigate and report to the court. If the department designates an
Oregon licensed adoption agency to investigate and report to the court, the
department shall make the designation and provide all necessary information and
materials to the Oregon licensed adoption agency no later than 30 days after
the service on the director. However, the department may waive the placement
report requirement.
(b)
Upon receipt of a written request by the petitioner’s attorney, the department
shall furnish to that attorney copies of any information that the department
has filed with the court.
(c)
The department may charge the petitioner a fee for investigating a proposed
nonagency adoption and preparing the home study report described in subsection
(6)(a)(C) of this section and the placement report described in paragraph (a)
of this subsection. The petitioner shall report the fee amount to the court.
The court granting the adoption shall make a finding as to whether the fee is
necessary and reasonable. Any fee charged may not exceed reasonable costs for
investigation, home study and placement report preparation. The department
shall prescribe by rule the procedure for computing the investigation, home
study and placement report preparation fee. The rules shall provide a waiver of
either part or all of the fee based upon the petitioner’s ability to pay.
(9)
The amounts of any fees collected under subsection (8) of this section are
continuously appropriated to the department for use in preparing the home study
and placement reports required under subsections (6)(a)(C) and (8)(a) of this
section.
(10)(a)
Except as provided in paragraph (b) of this subsection, a court may not grant a
judgment for the adoption of a minor child unless the petitioner has filed with
the court the documents described in subsections (6) and (8)(a) of this
section.
(b)
A person is not required to file a home study or a placement report with the
court when the department has granted the person a waiver under department
rules.
(11)
The adoption shall comply with the Indian Child Welfare Act (25 U.S.C. 1901 et
seq.), if applicable. Every adoption petition involving the Indian Child
Welfare Act shall include the following:
(a)
A statement of the efforts to notify the appropriate Indian tribe or tribes of
the adoption; and
(b)
A statement of the efforts to comply with the placement preferences of the
Indian Child Welfare Act (25 U.S.C. 1901 et seq.) or the placement preferences
of the appropriate Indian tribe. [1993 c.717 §2 (enacted in lieu of 109.310);
1993 c.717 §9; 1995 c.90 §3; 1995 c.730 §2; 1997 c.470 §1; 1999 c.160 §2; 1999
c.649 §52; 2003 c.258 §1; 2003 c.576 §144; 2005 c.475 §1]
109.310
[Amended by 1953 c.368 §2; 1957 c.403 §5; 1959 c.430 §3; 1963 c.188 §1; 1967
c.534 §17; 1969 c.441 §1; 1971 c.401 §4; 1977 c.252 §1; 1983 c.302 §1; 1983
c.396 §1; 1985 c.403 §3; 1991 c.249 §14; repealed by 1993 c.717 §1 (109.309
enacted in lieu of 109.310)]
109.311 Financial disclosure statement to
be filed with petition; placement report required; exception; prohibited fees;
advertising. (1) Each adoption petition filed
pursuant to ORS 109.309 seeking adoption of a minor child shall be accompanied
by a written disclosure statement containing an itemized accounting of all
moneys paid or estimated to be paid by the petitioner for fees, costs and
expenses related to the adoption, including all legal, medical, living and
travel expenses. The form of the disclosure statement shall be prescribed by
the Department of Human Services after consultation with approved Oregon
licensed adoption agencies.
(2)
A court may not grant a judgment for an adoption of a minor child in the
absence of a placement report by the department or an Oregon licensed adoption
agency unless the filing of such report has been waived by the department. A
court may not grant a judgment for an adoption of a minor child in the absence
of a written disclosure statement as described in subsection (1) of this
section or in the absence of a verified statement by the petitioner that, to
the best of the petitioner’s knowledge, no charges, except those reported in
the disclosure statement, have been or will be paid in connection with the
adoption.
(3)
A person may not charge, accept or pay or offer to charge, accept or pay a fee
for locating a minor child for adoption or for locating another person to adopt
a minor child, except that Oregon licensed adoption agencies licensed under ORS
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 Oregon adoption agency or an agent, employee or
person with whom the department or adoption agency has a contract authorizing
such actions; or
(B)
A person who has completed a home study as required by ORS 109.309 (6)(a)(C)
and has received a favorable recommendation regarding the fitness of the person
to be an adoptive parent or the person’s attorney or uncompensated agent. A
written declaration by the person who prepared the home study is sufficient
verification of compliance with this subparagraph. The person’s attorney must
be licensed to practice in Oregon.
(c)
Nothing in this subsection prohibits an attorney licensed to practice in Oregon
from advertising the attorney’s availability to provide services related to the
adoption of children.
(d)
As used in this subsection, unless the context requires otherwise, “advertise”
means to communicate by newspaper, radio, television, handbills, placards or
other print, broadcast or electronic medium that originates within this state. [1985
c.403 §2 (1) to (3); 1987 c.367 §1; 1993 c.717 §4; 1995 c.730 §3; 2003 c.258 §2;
2003 c.576 §145]
109.312 Consent to adoption.
(1) Except as provided in ORS 109.314 to 109.329, consent in writing to the
adoption under ORS 109.309 of a child shall be given by:
(a)
The parents of the child, or the survivor of them.
(b)
The guardian of the child, if the child has no living parent.
(c)
The next of kin in this state, if the child has no living parent and no
guardian.
(d)
Some suitable person appointed by the court to act in the proceeding as next
friend of the child to give or withhold consent, if the child has no living
parent and no guardian or next of kin qualified to consent.
(2)(a)
A person who gives consent to adoption under subsection (1) of this section may
agree concurrently or subsequently to the giving of such consent that the
consent shall be or become irrevocable, and may waive such person’s right to a
personal appearance in court, by a duly signed and attested certificate. The
certificate of irrevocability and waiver shall be in effect when the following
are completed:
(A)
The child is placed for the purpose of adoption in the physical custody of the
person or persons to whom the consent is given;
(B)
The person or persons to whom consent for adoption is given have filed a
petition to adopt the child in a court of competent jurisdiction;
(C)
The court has entered an order appointing the petitioner or some other suitable
person as guardian of the child pursuant to ORS 109.335;
(D)
The Department of Human Services, an Oregon licensed adoption agency or an
attorney who is representing the adoptive parents has filed either a department
or an Oregon licensed adoption agency home study with the court approving the
petitioner or petitioners as potential adoptive parents or the department has
notified the court that the filing of such study has been waived;
(E)
Information about the child’s social, medical and genetic history required in
ORS 109.342 has been provided to an attorney or the department or an Oregon
licensed adoption agency by the person giving consent to the adoption; and
(F)
The person signing the certificate of irrevocability and waiver has been given
an explanation by an attorney who represents the person and who does not also
represent the adoptive family, by the department or by an Oregon licensed
adoption agency of the consequences of signing the certificate.
(b)
Upon the fulfillment of the conditions in paragraph (a) of this subsection, the
consent for adoption may not be revoked unless fraud or duress is proved with
respect to any material fact.
(3)
Consent to the adoption of a child subject to the Indian Child Welfare Act
shall not be valid unless the requirements of the Indian Child Welfare Act (25
U.S.C. 1901 et seq.) are met. In accordance with the Indian Child Welfare Act a
certificate of irrevocability is not valid for a child who is subject to the
Indian Child Welfare Act. [1957 c.710 §2 (109.312 to 109.329 enacted in lieu of
109.320); 1973 c.823 §106; 1983 c.302 §2; 1985 c.565 §10; 1987 c.814 §1; 1991
c.553 §1; 1993 c.717 §6]
109.313 Application for home study by
Oregon resident. (1) The Department of Human
Services shall accept and may approve an application for a home study as
defined in ORS 109.304 that is submitted by an Oregon resident seeking to adopt
a child in the custody of:
(a)
The department;
(b)
A public child welfare agency in another state, following receipt of a request
from the agency in the other state under the Interstate Compact for the
Placement of Children; or
(c)
A public child welfare agency in another country, following receipt of an
appropriate request from the agency in the other country.
(2)
The department shall also accept and may approve an application for a home
study under this section that is submitted by an Oregon resident who is
currently or has previously been under study or consideration by another public
or private agency for placement of a child for adoption.
(3)
An application submitted under this section may be approved if the application
meets the requirements of the department as established by rule. [2011 c.120 §1]
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. (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 parent’s
consent, and the objections of the noncustodial parent shall be heard if
appearance is made.
(2)
This section does not apply when consent is given in loco parentis under ORS
109.316 or 109.318. [1957 c.710 §3 (109.312 to 109.329 enacted in lieu of
109.320); 2005 c.369 §4]
109.316 Consent by Department of Human
Services or approved child-caring agency of this state.
(1) The Department of Human Services or an approved child-caring agency of this
state, acting in loco parentis, may consent to the adoption of a child who has
been:
(a)
Surrendered to it for the purpose of adoption under ORS 418.270 if compliance
is had with the provisions of that section;
(b)
Permanently committed to it by order of a court of competent jurisdiction; or
(c)
Surrendered to it for the purpose of adoption under ORS 418.270 by one parent
if compliance is had with the provisions of that section and permanently
committed to it by a court of competent jurisdiction having jurisdiction of the
other parent.
(2)
The department may consent to the adoption of a child over whom the department
has been made guardian under ORS chapter 125.
(3)
When consent is given under this section, no other consent is required.
(4)
When consent is given under this section, there shall be filed in the adoption
proceeding:
(a)
A certified copy of an order of a court of competent jurisdiction formally and
permanently assigning the guardianship of the child to the department or the
child-caring agency, or a copy of the surrender of the child from its parent or
parents or guardian, or both, as the case may be; and
(b)
Written formal consent by the department or the child-caring agency, as the
case may be, to the proposed adoption, showing that sufficient and satisfactory
investigation of the adopting parties has been made and recommending that the adoption
be granted. The consent of the department or the child-caring agency to the
proposed adoption may be given by one of its officers, executives or employees
who has been authorized or designated by it for that purpose. [1957 c.710 §4
(109.312 to 109.329 enacted in lieu of 109.320); 1971 c.401 §5; 1987 c.466 §3;
1995 c.664 §82; 2005 c.22 §86]
109.318 Consent by organization located
outside Oregon. (1) An agency or other
organization, public or private, located entirely outside of this state, or an
authorized officer or executive thereof, acting in loco parentis, may consent
to the adoption of a child under the custody, control or guardianship of such
agency or organization or officer or executive thereof, if such agency or
organization or officer or executive thereof is licensed or otherwise has
authority in the jurisdiction in which such agency or other organization is
located to consent to adoptions in loco parentis. When consent is given under
this section, no other consent is required. The license or other authority to
consent to adoption in loco parentis shall be conclusively presumed upon the
filing with the court of a duly certified statement from an appropriate
governmental agency of such other state that such agency or organization or
officer or executive is licensed or otherwise has authority in such state to
consent to adoptions in loco parentis.
(2)
When consent is given under this section, there shall be filed in the adoption
proceeding:
(a)
A certified copy of the court order, or the written authorization from the
parent, parents or other person, or both a court order and such written
authorization, as the case may be, that enables consent to be given in loco
parentis under the law of such other jurisdiction; and
(b)
Written formal consent by the agency or other organization, or the officer or
executive thereof, to the proposed adoption, showing that sufficient and
satisfactory investigation of the adopting parties has been made and
recommending that the adoption be granted. [1957 c.710 §5 (109.312 to 109.329
enacted in lieu of 109.320); 1973 c.823 §107; 2005 c.22 §87]
109.320
[Repealed by 1957 c.710 §1 (109.312 to 109.329 enacted in lieu of 109.320)]
109.322 Consent when parent mentally ill,
mentally 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 parent’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 parent’s
consent.
(2)
Upon hearing or when the parent has failed to file a written answer as required
in ORS 109.330 (3), if the court finds that the parent has willfully deserted
the child or neglected without just and sufficient cause to provide proper care
and maintenance for the child for one year next preceding the filing of the
petition for adoption, the consent of the parent at the discretion of the court
is not required and, if the court determines that the parent’s consent is not
required, the court may proceed regardless of the objection of the parent.
(3)
In determining whether the parent has willfully deserted the child or neglected
without just and sufficient cause to provide proper care and maintenance for
the child, the court may:
(a)
Disregard incidental visitations, communications and contributions; and
(b)
Consider, among other factors the court finds relevant, whether the custodial
parent has attempted, without good cause shown, to prevent or to impede contact
between the child and the parent whose parental rights would be terminated in
an action under this section.
(4)
This section does not apply when consent is given in loco parentis under ORS
109.316 or 109.318. [1957 c.710 §7 (109.312 to 109.329 enacted in lieu of
109.320); 2003 c.576 §147; 2003 c.579 §1; 2005 c.369 §6]
109.326 Consent when husband not father.
(1) If the mother of a child was married at the time of the conception or birth
of the child, and it has been determined pursuant to ORS 109.070 or judicially
determined that her husband at such time or times was not the father of the
child, the husband’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 child’s birth; or
(c)
The husband repeatedly has contributed or tried to contribute to the support of
the child.
(4)
When the petitioner is required to serve the husband with a summons and a
motion and order to show cause under subsection (3) of this section, service
must be made in the manner provided in ORCP 7 D and E, except as provided in
subsection (6) of this section. Service must be proved as required in ORCP 7 F.
The summons and the motion and order to show cause need not contain the names
of the adoptive parents.
(5)
A summons under subsection (3) of this section must contain:
(a)
A statement that if the husband fails to file a written answer to the motion
and order to show cause within the time provided, the court, without further
notice and in the husband’s absence, may take any action that is authorized by
law, including but not limited to entering a judgment of nonpaternity on the
date the answer is required or on a future date.
(b)
A statement that:
(A)
The husband must file with the court a written answer to the motion and order
to show cause within 30 days after the date on which the husband is served with
the summons or, if service is made by publication or posting under ORCP 7 D(6),
within 30 days from the date of last publication or posting.
(B)
In the answer, the husband must inform the court and the petitioner of the
husband’s telephone number or contact telephone number and the husband’s
current residence, mailing or contact address in the same state as the husband’s
home. The answer may be in substantially the following form:
______________________________________________________________________________
IN THE CIRCUIT
COURT OF
THE STATE OF
OREGON
FOR THE COUNTY
OF _________
_________, )
Petitioner, ) NO._____
)
) ANSWER
and )
)
_________, )
Respondent. )
□ I consent to the 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 state’s
financial guidelines, you are entitled to have an attorney appointed for you at
state expense. To request appointment of an attorney to represent you at state
expense, you must contact the circuit court immediately. Phone ______ for
further information.
______________________________________________________________________________
(e) A statement that the husband has the
responsibility to maintain contact with the husband’s attorney and to keep the
attorney advised of the husband’s whereabouts.
(6) A husband who is served with a summons
and a motion and order to show cause under this section shall file with the
court a written answer to the motion and order to show cause within 30 days
after the date on which the husband is served with the summons or, if service
is made by publication or posting under ORCP 7 D(6), within 30 days from the
date of last publication or posting. In the answer, the husband shall inform
the court and the petitioner of the husband’s telephone number or contact
telephone number and current address, as defined in ORS 25.011. The answer may
be in substantially the form described in subsection (5) of this section.
(7) If the husband requests the assistance
of appointed counsel and the court determines that the husband is financially
eligible, the court shall appoint an attorney to represent the husband at state
expense. Appointment of counsel under this subsection is subject to ORS
135.055, 151.216 and 151.219. The court may not substitute one appointed
counsel for another except pursuant to the policies, procedures, standards and
guidelines adopted under ORS 151.216.
(8) If the husband files an answer as
required under subsection (6) of this section, the court, by oral order made on
the record or by written order provided to the husband in person or mailed to
the husband at the address provided by the husband, shall:
(a) Inform the husband of the time, place
and purpose of the next hearing or hearings related to the motion and order to
show cause or the adoption petition;
(b) Require the husband to appear
personally at the next hearing or hearings related to the motion and order to
show cause or the adoption petition; and
(c) Inform the husband that, if the
husband fails to appear as ordered for any hearing related to the motion and
order to show cause or the adoption petition, the court, without further notice
and in the husband’s absence, may take any action that is authorized by law,
including but not limited to entering a judgment of nonpaternity on the date
specified in the order or on a future date, without the consent of the husband.
(9) If a husband fails to file a written
answer as required in subsection (6) of this section or fails to appear for a
hearing related to the motion and order to show cause or the petition as
directed by court order under this section, the court, without further notice
to the husband and in the husband’s absence, may take any action that is
authorized by law, including but not limited to 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 husband’s consent,
authorization or waiver is not required in adoption proceedings concerning the
child unless the husband has met the requirements of subsection (3)(a), (b) or
(c) of this section.
(12) A husband who was not cohabiting with
the mother at the time of the child’s conception has the primary responsibility
to protect the husband’s rights.
(13) Nothing in this section shall be used
to set aside an act of a permanent nature, including but not limited to
adoption, 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 parent’s consent. Except as provided in subsection (3) of
this section, service must be made in the manner provided in ORCP 7 D and E.
Service must be proved as required in ORCP 7 F. The summons and the motion and
order to show cause need not contain the names of the adoptive parents.
(2) A summons under this section must
contain:
(a) A statement that an adoption petition
has been filed and that, if the parent fails to file a written answer to the
motion and order to show cause within the time provided, the court, without
further notice and in the parent’s absence, may take any action that is
authorized by law, including but not limited to entering a judgment of adoption
of the child if the court determines, on the date the answer is required or on
a future date, that:
(A) Consent of the parent is not required;
and
(B) The adoption is in the best interests
of the child.
(b) A statement that:
(A) The parent must file with the court a
written answer to the motion and order to show cause within 30 days after the
date on which the parent is served with the summons or, if service is made by
publication or posting under ORCP 7 D(6), within 30 days from the date of last
publication or posting.
(B) In the answer, the parent must inform
the court and the petitioner of the parent’s telephone number or contact
telephone number and the parent’s current residence, mailing or contact address
in the same state as the parent’s home. The answer may be in substantially the
following form:
______________________________________________________________________________
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF _________
_________, )
Petitioner, ) NO._____
)
) ANSWER
and )
)
_________, )
Respondent. )
□ I consent to the proposed
adoption.
□ I do not consent to the proposed
adoption. The court should not order the proposed adoption without my consent
for the following reasons:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________
__________________
Signature
DATE:__________________
ADDRESS
OR CONTACT ADDRESS:
_____________________
_____________________
TELEPHONE
OR CONTACT TELEPHONE:
_____________________
______________________________________________________________________________
(c) A notice that, if the parent answers
the motion and order to show cause, the court:
(A) Will schedule a hearing to address the
motion and order to show cause and, if appropriate, the adoption petition;
(B) Will order the parent to appear
personally; and
(C) May schedule other hearings related to
the petition and may order the parent to appear personally.
(d) A notice that the parent has the right
to be represented by an attorney. The notice must be in substantially the
following form:
______________________________________________________________________________
You have a right to be represented by an
attorney. If you wish to be represented by an attorney, please retain one as
soon as possible to represent you in this proceeding. If you meet the state’s
financial guidelines, you are entitled to have an attorney appointed for you at
state expense. To request appointment of an attorney to represent you at state
expense, you must contact the circuit court immediately. Phone ______ for further
information.
______________________________________________________________________________
(e) A statement that the parent has the
responsibility to maintain contact with the parent’s attorney and to keep the
attorney advised of the parent’s whereabouts.
(3) A parent who is served with a summons
and a motion and order to show cause under this section shall file with the
court a written answer to the motion and order to show cause within 30 days
after the date on which the parent is served with the summons or, if service is
made by publication or posting under ORCP 7 D(6), within 30 days from the date
of last publication or posting. In the answer, the parent shall inform the
court and the petitioner of the parent’s telephone number or contact telephone
number and current address, as defined in ORS 25.011. The answer may be in
substantially the form described in subsection (2) of this section.
(4) If the parent requests the assistance
of appointed counsel and the court determines that the parent is financially
eligible, the court shall appoint an attorney to represent the parent at state
expense. Appointment of counsel under this subsection is subject to ORS
135.055, 151.216 and 151.219. The court may not substitute one appointed
counsel for another except pursuant to the policies, procedures, standards and
guidelines adopted under ORS 151.216.
(5) If the parent files an answer as
required under subsection (3) of this section, the court, by oral order made on
the record or by written order provided to the parent in person or mailed to
the parent at the address provided by the parent, shall:
(a) Inform the parent of the time, place
and purpose of the next hearing or hearings related to the motion and order to
show cause or the adoption petition;
(b) Require the parent to appear
personally at the next hearing or hearings related to the motion and order to
show cause or the adoption petition; and
(c) Inform the parent that, if the parent
fails to appear as ordered for any hearing related to the motion and order to
show cause or the adoption petition, the court, without further notice and in
the parent’s absence, may take any action that is authorized by law, including
but not limited to entering a judgment of adoption of the child on the date
specified in the order or on a future date, without the consent of the parent.
(6) If a parent fails to file a written
answer as required in subsection (3) of this section or fails to appear for a
hearing related to the motion and order to show cause or the petition as
directed by court order under this section, the court, without further notice
to the parent and in the parent’s absence, may take any action that is
authorized by law, including but not limited to entering a judgment of adoption
of the child without the consent of the parent if the court finds, on the date
the answer is required or on a future date, the action to be in the child’s
best interests.
(7) If the child has no living parent and
no guardian or next of kin in this state qualified to appear in behalf of the
child, the court may order such notice, if any, to be given as the court deems
necessary or proper. [Amended by 1957 c.710 §11; 1967 c.385 §2; 1969 c.591 §288;
1975 c.640 §17; 1979 c.284 §101; 2005 c.369 §1]
109.332
Grandparent visitation in stepparent adoption.
(1) When a petition has been filed under ORS 109.309 concerning the adoption by
a stepparent of a child, a grandparent served with a copy of the petition under
ORS 109.309 (7) may file a motion with the court asking the court to award a
grandparent the right to regular visitation with the child after the adoption.
A motion under this subsection must be filed no later than 30 days after
service of the petition.
(2) The court shall award a grandparent
visitation rights only if the court finds by clear and convincing evidence
that:
(a) Establishing visitation rights is in
the best interests of the child;
(b) A substantial relationship existed
prior to the adoption between the child and the grandparent seeking visitation
rights; and
(c) Establishing visitation rights does
not substantially interfere with the relationship between the child and the
adoptive family.
(3) As used in this section, “grandparent”
includes a grandparent who has established custody, visitation or other rights
under ORS 109.119. [1993 c.689 §2; 1993 c.717 §10; 1995 c.90 §4; 2001 c.873 §7;
2003 c.258 §3; 2005 c.22 §88]
Note:
109.332 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 109 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
109.335
Appointment of guardian pending further adoption proceedings.
Notwithstanding the provisions of ORS chapter 125 that relate to the
appointment of a guardian, when a petition is filed pursuant to ORS 109.309 for
leave to adopt a minor child and the required consent thereto has been filed,
the court before which the petition is pending may on its own motion enter an
order appointing the petitioner or some other suitable person guardian of the
minor child pending further order of the court or entry of a judgment under ORS
109.350. [1965 c.187 §1; 1967 c.231 §1; 1973 c.823 §108; 1995 c.664 §83; 2003
c.576 §149]
109.340
[Repealed by 1957 c.412 §2 (7.211 enacted in lieu of 109.340)]
109.342
Medical history of child and biological parents required; content; delivery to
adoptive parent and to adoptee on majority. (1)
Before any judgment of adoption of a minor is entered, the court shall be
provided a medical history of the child and of the biological parents as
complete as possible under the circumstances.
(2) When possible, the medical history
shall include, but need not be limited to:
(a) A medical history of the adoptee from
birth up to the time of adoption, including disease, disability, congenital or
birth defects, and records of medical examinations of the child, if any;
(b) Physical characteristics of the
biological parents, including age at the time of the adoptee’s birth, height,
weight, and color of eyes, hair and skin;
(c) A gynecologic and obstetric history of
the biological mother;
(d) A record of potentially inheritable
genetic or physical traits or tendencies of the biological parents or their
families; and
(e) Any other useful or unusual biological
information that the biological parents are willing to provide.
(3) The names of the biological parents
shall not be included in the medical history.
(4) The court shall give the history to
the adoptive parents at the time the judgment is entered and shall give the
history to the adoptee, upon request, after the adoptee attains the age of
majority.
(5) Subsection (1) of this section does
not apply when a person is adopted by a stepparent.
(6) The Department of Human Services shall
prescribe a form for the compilation of the medical history. [1979 c.493 §2;
2003 c.576 §150]
109.345
[1961 c.99 §1; 1969 c.198 §56; repealed by 1993 c.717 §11]
109.346
Adoption-related counseling for birth parent. (1)
Except as provided in subsection (5) of this section, a birth parent consenting
to an adoption shall receive notice of the birth parent’s right to payment for
three adoption-related counseling sessions prior to surrender or relinquishment
of the child for adoption and three sessions of adoption-related counseling after
surrender or relinquishment of the child for adoption.
(2) Notice of the right to
adoption-related counseling shall be in writing and shall be provided to the
consenting birth parent by either the attorney for the birth parent, the agency
representative taking the birth parent’s consent or the attorney for the
prospective adoptive parent. Before entry of a judgment of adoption, the agency
or attorney providing the written notice shall submit verification to the court
that the notice was given to the consenting birth parent.
(3) The prospective adoptive parent shall
pay all uninsured costs of the adoption-related counseling required by this
section, provided the counseling is received within one year of the date of
surrender or relinquishment of the child for adoption.
(4) Adoption-related counseling under this
section, unless otherwise agreed to by the prospective adoptive parent and the
consenting birth parent, shall be provided by:
(a) A regulated social worker as defined
in ORS 675.510 who is employed by an Oregon licensed adoption agency other than
the regulated social worker assigned to the prospective adoptive parent;
(b) A regulated social worker, counselor
or therapist who is working under the supervision of a clinical social worker
licensed under ORS 675.530 or a licensed professional counselor and who is
knowledgeable about birth parent, adoption and grief and loss issues; or
(c) A clinical social worker licensed
under ORS 675.530, counselor or therapist who:
(A) Has a graduate degree in social work,
counseling or psychology; and
(B) Is knowledgeable about birth parent,
adoption and grief and loss issues.
(5) The requirements of this section do
not apply to:
(a) An adoption in which a birth parent
relinquishes parental rights to the Department of Human Services;
(b) An adoption in which one parent
retains parental rights;
(c) An adoption in which the child is born
in a foreign country and adopted under the laws of that country or readopted in
Oregon;
(d) An adoption in which the child is born
in a foreign country and subsequently adopted in Oregon and in which the
identity or whereabouts of the child’s birth parents are unknown; or
(e) An adoption of an adult.
(6) Failure to provide the notice required
by this section or failure to pay the uninsured costs of adoption-related
counseling required by this section is not grounds for setting aside an
adoption judgment or for revocation of a written consent to an adoption or a
certificate of irrevocability. [2001 c.586 §2; 2003 c.576 §151; 2009 c.442 §29]
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 child’s name. If in a
petition for the adoption of a child a change of the child’s name is requested,
the court, upon entering a judgment granting the adoption, may also provide in
the judgment for the change of name without the notices required by ORS 33.420.
[Amended by 1997 c.872 §24; 2003 c.576 §154]
109.370
[Amended by 1957 c.403 §7; 1961 c.98 §1; 1969 c.591 §289; repealed by 1993
c.717 §11]
109.380
[Repealed by 1959 c.609 §5]
109.381
Effect of judgment of adoption. (1) A
judgment of a court of this state granting an adoption, and the proceedings in
such adoption matter, shall in all respects be entitled to the same
presumptions and be as conclusive as if rendered by a court of record acting in
all respects as a court of general jurisdiction and not by a court of special
or inferior jurisdiction, and jurisdiction over the persons and the cause shall
be presumed to exist.
(2) Except for such right of appeal as may
be provided by law, judgments of adoption shall be binding and conclusive upon
all parties to the proceeding. No party nor anyone claiming by, through or
under a party to an adoption proceeding, may for any reason, either by collateral
or direct proceedings, question the validity of a judgment of adoption entered
by a court of competent jurisdiction of this or any other state.
(3) After the expiration of one year from
the entry of a judgment of adoption in this state the validity of the adoption
shall be binding on all persons, and it shall be conclusively presumed that the
child’s natural parents and all other persons who might claim to have any right
to, or over the child, have abandoned the child and consented to the entry of
such judgment of adoption, and that the child became the lawful child of the
adoptive parents or parent at the time when the judgment of adoption was
rendered, all irrespective of jurisdictional or other defects in the adoption
proceeding. After the expiration of the one-year period no one may question the
validity of the adoption for any reason, either through collateral or direct
proceedings, and all persons shall be bound thereby. However, the provisions of
this subsection shall not affect the right of appeal from a judgment of
adoption as may be provided by law. [Subsections (1), (2) and (3) enacted as
1959 c.609 §§2,3,4; subsection (4) derived from 1959 c.609 §6; 2003 c.576 §155;
2005 c.22 §89]
109.385
Certain adoptions in foreign nations recognized; evidence.
(1) An adoption in any foreign nation under the laws of such nation of a person
who is at the time of the adoption a national of such nation by adoptive
parents at least one of whom is a citizen of the United States shall be
recognized as a valid and legal adoption for all purposes in the State of
Oregon if the adoption is valid and legal in the foreign nation wherein the
adoption occurred.
(2) The certificate of a judge of a court
of general jurisdiction under the seal of the judge or the seal of the court in
any foreign nation with respect to the adoption of a national of such foreign
nation by adoptive parents at least one of whom is a citizen of the United
States that all pertinent laws of such foreign nation have been complied with
and the adoption is in all respects legal and valid shall be prima facie
evidence in any court in the State of Oregon in any proceeding that such
adoption was in fact legal and valid. Such certificate shall be prima facie
evidence even if under the laws of the foreign nation the adoption is an
administrative procedure and is not within the jurisdiction of the court or the
judge making the certificate. [1961 c.95 §§2,3]
109.390
Authority of Department of Human Services or child-caring agency in adoption
proceedings. When the Department of Human Services
or an approved child-caring agency has the right to consent to the adoption of
a child, the department or agency may:
(1) If it deems the action necessary or
proper, become a party to any proceeding for the adoption of the child.
(2) Appear in court where a proceeding for
the adoption of the child is pending.
(3) Give or withhold consent in loco
parentis to the adoption of the child only in accordance with ORS 109.316. [1957
c.710 §14; 1971 c.401 §6; 2005 c.22 §90]
109.400
Adoption report form. (1) When a petition for adoption
is filed with a court, the petitioner or the attorney thereof shall file with
the petition an adoption report form as provided in ORS 432.415.
(2) Notwithstanding ORS 7.211, if the
court enters a judgment of adoption, the clerk of the court shall review the
personal particulars filled in on the form, shall fill in the remaining blanks
on the form, shall certify the form and mail it to the State Registrar of the
Center for Health Statistics as the adoption report as required under ORS
432.415. [1959 c.430 §1; 1983 c.709 §41; 1997 c.783 §45; 2003 c.576 §156]
109.410
Certificate of adoption; form; fee; persons eligible to receive copy; status.
(1) The clerk of the court having custody of the adoption file shall issue upon
request a certificate of adoption to the adopted person, the adoptive parents
or parent, their attorney of record, in the proceeding, or to any child-placing
agency which gave consent to the adoption. The certificate shall be
substantially in the following form:
______________________________________________________________________________
CERTIFICATE OF ADOPTION
IN THE ________ COURT
OF THE STATE OF OREGON
FOR THE COUNTY OF
___________
In
the Matter of the Adoption of:
___________________________
File No.___________
Name after Adoption
This
is to certify that on the ___ day of________, 2___, a Judgment of Adoption was
granted by the Honorable Judge ____________ granting the adoption of the
above-named person by _________________.
The adopted person, above named, was born
in the City of ___________, County of________, State of________, on the __
day of _____, 2__.
Dated at________, Oregon, this __ day of___,
2__.
(Title of the Clerk of the Court)
(SEAL) By _______________
Deputy
______________________________________________________________________________
(2) The certificate of adoption may be
issued by the judge who granted the adoption, instead of by the clerk of the
court.
(3) The certificate of adoption shall not
state the former name of the person adopted, unless the name was not changed by
the judgment, and shall not state the name of either biological parent of the
person adopted. However, if the adoption was by the adopted person’s
stepparent, the name of the adopting stepparent’s spouse may be set forth in
the certificate if requested.
(4)(a) For the issuance of one certificate
of adoption for any person who was adopted after October 3, 1979, a fee of not
more than $1 may be charged and collected by the clerk of the court.
(b) For additional certificates or for
certificates of adoption for persons adopted prior to October 3, 1979, a fee of
not more than $1 for each certificate may be charged and collected by the clerk
of the court.
(5) No certificate of adoption shall be
issued to any person other than the persons described in subsection (1) of this
section without order of the court.
(6) For all purposes, the certificate of
adoption shall constitute legal proof of the facts set forth therein, shall
have the same force and effect and the same presumptions of validity as the
judgment of adoption, and shall be entitled to full faith and credit. [1979
c.397 §2; 1985 c.496 §24; 2003 c.576 §157]
VOLUNTARY
ADOPTION REGISTRY
109.425
Definitions for ORS 109.425 and 109.435 to 109.507.
As used in this section and ORS 109.435 to 109.507:
(1) “Adoptee” means a person who has been
adopted in the State of Oregon.
(2) “Adoption” means the judicial act of
creating the relationship of parent and child where it did not exist
previously.
(3) “Adoptive parent” means an adult who
has become a parent of a child through adoption.
(4) “Adult” means a person 18 years of age
or older.
(5) “Agency” means any public or private
organization licensed or authorized under the laws of this state to place
children for adoption.
(6) “Birth parent” is:
(a) The man or woman who is legally
presumed under the laws of this state to be the father or mother of genetic
origin of a child; and
(b) A putative father of the child if the
birth mother alleges he is the father and the putative father, by written
affidavit or surrender and release executed within three years of the
relinquishment of the child by the birth mother or the termination of parental
rights of the birth mother, acknowledges being the child’s biological father.
(7) “Department” means the Department of
Human Services.
(8)(a) “Genetic and social history” is a
comprehensive report, when obtainable, of the health status and medical history
of the birth parents and other persons related to the child.
(b) The genetic and social history may
contain as much of the following as is available:
(A) Medical history;
(B) Health status;
(C) Cause of and age at death;
(D) Height, weight, eye and hair color;
(E) Ethnic origins; and
(F) Religion, if any.
(c) The genetic and social history may
include the health status and medical history of:
(A) The birth parents;
(B) A putative father, if any;
(C) Siblings to the birth parents, if any;
(D) Siblings to a putative father, if any;
(E) Other children of either birth parent,
if any;
(F) Other children of a putative father,
if any;
(G) Parents of the birth parents; and
(H) Parents of a putative father, if any.
(9) “Health history” is a comprehensive
report, when obtainable, of the child’s health status and medical history at
the time of placement for adoption, including neonatal, psychological,
physiological and medical care history.
(10) “Putative father” is a man who, under
the laws of this state, is not legally presumed to be the father of genetic
origin of a child, but who claims or is alleged to be the father of genetic
origin of the child.
(11) “Registry” is a voluntary adoption
registry as established under ORS 109.450.
(12) “Successor agency” is an agency which
has the adoption records of another agency because of the merger of the agency
and the successor agency or because a former agency has ceased doing business
and has given its adoption records to the successor agency as provided in ORS
109.435 (2). [1983 c.672 §2; 1989 c.372 §1; 1993 c.410 §1; 1995 c.79 §39; 1995
c.730 §7; 1997 c.130 §3; 1997 c.442 §1; 2001 c.900 §14]
Note:
109.425 to 109.507 and 109.990 (2) were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 109 by legislative
action. See Preface to Oregon Revised Statutes for further explanation.
109.430
Policy and purpose. It is the policy of this state
that adoption is based upon the legal termination of parental rights and
responsibilities of birth parents and the creation of the legal relationship of
parents and child between an adoptee and the adoptive parents. These legal and
social premises underlying adoption must be maintained. The state recognizes
that some adults who were adopted as children have a strong desire to obtain
identifying information about their birth parents or putative father while
other such adult adoptees have no such desire. The state further recognizes
that some birth parents have a strong desire to obtain identifying information
about their biological children who were adopted, while other birth parents
have no such desire. The state fully recognizes the right to privacy and
confidentiality of birth parents whose children were adopted, the adoptees and
the adoptive parents. The purpose of ORS 7.211, 109.425 to 109.507 and 432.420
is to:
(1) Set up a voluntary adoption registry
where birth parents, putative fathers and adult adoptees may register their
willingness to the release of identifying information to each other;
(2) Provide for the disclosure of
identifying information to birth parents and their genetic offspring through a
social worker employed by a licensed adoption agency, if a birth parent or
parents or putative father and the adult adoptee are registered;
(3) Provide for the transmission of
nonidentifying health and social and genetic history of the adult adoptees,
birth parents, putative fathers and other specified persons; and
(4) Provide for disclosure of specific
identifying information to Indian tribes or governmental agencies when needed
to establish the adoptee’s eligibility for tribal membership or for benefits or
to a person responsible for settling an estate that refers to the adoptee. [1983
c.672 §1; 1989 c.372 §5; 1995 c.79 §40; 1995 c.730 §8; 1997 c.442 §2]
Note:
See note under 109.425.
109.435
Adoption records to be permanently maintained.
(1) All records of any adoption finalized in this state shall be permanently
maintained by the Department of Human Services or by the agency arranging the
adoption.
(2) If an agency which handles adoptions
ceases to do business, the agency shall transfer the adoption records to the
department or to a successor agency, if the agency gives notice of the transfer
to the department. [1983 c.672 §3]
Note:
See note under 109.425.
109.440
Information confidential; exceptions. (1) A person
or agency may not disclose any confidential information relating to an adoption
except as provided in subsection (2) of this section and ORS 109.425 and
109.435 to 109.507 or pursuant to a court order.
(2) The provisions of subsection (1) of
this section do not apply when confidential information relating to an
international adoption is requested by the adult adoptee. [1983 c.672 §4; 1995
c.79 §41; 1995 c.730 §9; 2001 c.586 §1]
Note:
See note under 109.425.
109.445
Information of registry confidential. (1)
Notwithstanding any other provision of law, the information acquired by any
voluntary adoption registry shall not be disclosed under any freedom of
information legislation, rules or practice.
(2) A class action suit shall not be
maintained in any court of this state to require the registry to disclose
identifying information. [1983 c.672 §5]
Note:
See note under 109.425.
109.450
Child placement agency to maintain registry; Department of Human Services
duties. (1) A voluntary adoption registry shall
be established and maintained by each agency or its successor agency. An agency
may delegate or contract with another agency to establish, maintain and operate
the registry for the delegating agency.
(2) The Department of Human Services shall
establish, maintain and operate the registry for all adoptions not arranged
through a licensed agency. The department may contract out the function of
establishing, maintaining and operating the registry to another agency. The
department may join a voluntary national or international registry and make its
records available in the manner authorized by ORS 109.425 to 109.507. However,
if the rules of disclosure of such a voluntary organization differ from those
prescribed in ORS 109.425 and 109.435 to 109.507, ORS 109.425 and 109.435 to
109.507 shall prevail. [1983 c.672 §6; 1995 c.79 §42; 1995 c.730 §10]
Note:
See note under 109.425.
109.455
Persons eligible to use registry. (1) As
provided in ORS 109.475 and except as provided in subsection (2) of this
section, only a birth parent, adult adoptee, adult genetic sibling of an
adoptee, adoptive parent of a deceased adoptee or parents or adult siblings of
a deceased birth parent or parents may use the registry for obtaining
identifying information about birth parents, putative fathers, adult adoptees
and adult adoptee genetic siblings.
(2) An adult adoptee who has a genetic
sibling in the adult adoptee’s adoptive family who is under the age of 18 may
not have access to the registry.
(3) A putative father may not have access
to the registry.
(4) Birth parents, adult adoptees, adult
genetic siblings of an adoptee, adoptive parent or parents of a deceased
adoptee and parents or adult siblings of a deceased birth parent or parents
shall work through the agency involved in the adoption, or its successor
agency, or the Department of Human Services to receive information concerning
the adoption. [1983 c.672 §7; 1989 c.372 §2; 1997 c.442 §3]
Note:
See note under 109.425.
109.460
Persons eligible to register. (1) An adult
adoptee, each birth parent, a putative father, an adult genetic sibling of an
adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling
of a deceased birth parent or parents may register by submitting a signed
affidavit to the appropriate registry. The affidavit shall contain the
information listed in ORS 109.465 and a statement of the registrant’s
willingness to be identified to the other relevant persons who register. The
affidavit gives authority to the registry to release identifying information
related to the registrant to the other relevant persons who register. Each
registration shall be accompanied by the birth certificate of the registrant.
(2) An adoptee, or the parent or guardian
of an adoptee under 18 years of age, may register to have specific identifying
information disclosed to Indian tribes or to governmental agencies in order to
establish the adoptee’s eligibility for tribal membership or for benefits or to
a person settling an estate. The information shall be limited to a true copy of
documents that prove the adoptee’s lineage. Information disclosed in accordance
with this subsection shall not be disclosed to the adoptee or the parent or
guardian of the adoptee by the registry or employee or agency operating a
registry nor by the Indian tribe, governmental agency or person receiving the
information.
(3) Except as provided in ORS 109.475 (2),
if a birth parent or an adoptee fails to file an affidavit with the registry
for any reason, including death or disability, identifying information shall
not be disclosed to those relevant persons who do register.
(4) Except as otherwise provided in ORS
109.503, a registry or employee or the agency operating a registry shall not
contact or in any other way solicit any adoptee or birth parent to register
with the registry. [1983 c.672 §8; 1989 c.372 §6; 1993 c.410 §10; 1997 c.442 §4]
Note:
See note under 109.425.
109.465
Content of affidavit; notice of change in information.
(1) The affidavit required under ORS 109.460 shall contain:
(a) The current name and address of the
registrant;
(b) Any previous name by which the
registrant was known;
(c) The original or adopted names of the
adopted child;
(d) The place and date of birth of the
adopted child, if known; and
(e) The name and address of the agency, if
known.
(2) The registrant shall notify the
registry of any change in name or address which occurs after the registrant
registers. Upon registering, the registry shall inform the registrant that the
registrant has the responsibility to notify the registry of a change in
address. The registry is not required to search for a registrant who fails to
notify the registry of a change in address.
(3) A registrant may cancel the registrant’s
registration at any time by giving the registry written notice of the
registrant’s desires to so cancel. [1983 c.672 §9]
Note:
See note under 109.425.
109.470
Continuing registration by birth parent or putative father.
(1) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth
parent registered with the registry before the adoptee was age 18, shall notify
the registry in writing only if the birth parent does not desire to continue
the registration.
(2) When an adoptee reaches age 18, a
putative father of the adoptee, if the putative father registered with the
registry before the adoptee was age 18, shall notify the registry in writing
only if the putative father does not desire to continue the registration.
(3) A registry shall notify a birth parent
or putative father of this requirement when the birth parent or putative father
initially registers. [1983 c.672 §10; 1989 c.372 §3; 1997 c.442 §5; 1999 c.650 §1]
Note:
See note under 109.425.
109.475
Processing affidavits. (1) Upon receipt of the
affidavit under ORS 109.460, the registry shall process each affidavit in an
attempt to match the adult adoptee and the birth parents, the putative father,
the adult genetic sibling, the adoptive parent of a deceased adoptee or the
parents or adult sibling of a deceased birth parent or parents. The processing
shall include research from agency records, and if necessary from court
records, to determine whether the registrants match.
(2) If the registry determines there is a
match and if the relevant persons have registered with the registry and
received the counseling required by ORS 109.480, notification of the match may
be given by a registry to only:
(a) A birth parent or parents of an adult
adoptee and an adult adoptee;
(b) The adult genetic siblings of an adult
adoptee if the birth parent or parents are deceased;
(c) Adult adoptee genetic siblings who
have been adopted by different adoptive families and have no knowledge of their
birth parents;
(d) At the discretion of the agency
operating the registry, parents or adult siblings of the birth parent or
parents if the birth parent or parents are deceased; or
(e) At the discretion of the agency
operating the registry, the adoptive parent or parents of a deceased adoptee.
(3) Notification of a match to the
relevant parties shall be made through a direct and confidential contact. [1983
c.672 §11; 1997 c.442 §6]
Note:
See note under 109.425.
109.480
Counseling of registrant. (1) Upon the determination of a
match but before identifying information is disclosed, the registrant shall, at
the discretion of the agency operating the registry, participate in counseling:
(a) With a social worker employed by the
registry; or
(b) If the registrant is domiciled outside
the state, with a social worker in that state who is selected by the registry.
(2) The counseling required under
subsection (1) of this section shall place an emphasis on an evaluation of the
need for and the effect of the information or contact on the genetic family
members and the relationships within the adoptive family. [1983 c.672 §12]
Note:
See note under 109.425.
109.485
Registry information to be maintained permanently.
Any affidavits filed and other information collected by a registry shall be
permanently maintained. [1983 c.672 §13]
Note:
See note under 109.425.
109.490
Limits on releasing information. A registry
shall release only information necessary for identifying a birth parent, a
putative father, an adult adoptee or an adult genetic sibling, and shall not
release information of any kind pertaining to:
(1) The adoptive parents;
(2) The siblings to the adult adoptee who
are children of the adoptive parents; and
(3) The income of any person. [1983 c.672 §14;
1997 c.442 §7]
Note:
See note under 109.425.
109.495
Registrant fee. Costs of establishing and
maintaining a registry may be met through reasonable fees charged to all
persons who register. [1983 c.672 §15; 1999 c.650 §2]
Note:
See note under 109.425.
109.500
Genetic, social and health history; availability; fee.
(1) A genetic and social history and health history which excludes information
identifying any birth parent or putative father, member of a birth parent’s or
putative father’s family, the adoptee or the adoptive parents of the adoptee,
may be provided, if available, from an agency upon request to the following
persons:
(a) The adoptive parents of the child or
the child’s guardian;
(b) The birth parent of the adoptee;
(c) An adult adoptee; and
(d) In the event of the death of the
adoptee:
(A) The adoptee’s spouse if the spouse is
the birth parent of the adoptee’s child or the guardian of any child of the
adoptee; or
(B) Any progeny of the adoptee who is 18
years of age or older.
(2) The medical history part of the report
mentioned in subsection (1) of this section may be in the form prescribed by
the Department of Human Services under ORS 109.342.
(3) The agency may charge the person
requesting the information requested under subsection (1) of this section the
actual cost of providing such information. [1983 c.672 §16; 1989 c.372 §4; 1997
c.442 §8]
Note:
See note under 109.425.
109.502
Search for birth parents, putative father or genetic siblings; who may
initiate; information required; fee. (1)(a) An
adult adoptee or the adoptive parent of a minor or deceased adoptee may request
that the Department of Human Services or the Oregon licensed adoption agency
that facilitated the adoption conduct a search for the adoptee’s birth parents,
putative father or, except as otherwise provided in ORS 109.504 (1), for the
adoptee’s genetic siblings.
(b) A birth parent, an adult genetic
sibling of an adoptee or the parent or adult sibling of a deceased birth parent
may request the department or the Oregon licensed adoption agency that
facilitated the adoption to conduct a search for an adult adoptee whom the
birth parent relinquished for adoption.
(c) A person requesting a search under
paragraph (a) or (b) of this subsection shall direct the request for the search
to the Oregon licensed adoption agency that facilitated the adoption. If the
Oregon licensed adoption agency that facilitated the adoption is not conducting
searches or has not been authorized by the department to conduct searches, the
person shall direct the request to the department.
(2) At the time of a request to conduct a
search under this section, the requester shall provide the department or the
Oregon licensed adoption agency that facilitated the adoption with such
information as the department or the Oregon licensed adoption agency requires.
The person requesting the search must be registered with a registry established
under ORS 109.450.
(3)(a) If the person has requested the
department to conduct a search, upon payment by the requester of a fee
established by rule under ORS 109.506, the department shall instruct an Oregon
licensed adoption agency to conduct the search.
(b) If the Oregon licensed adoption agency
that facilitated the adoption meets the standards established by rule under ORS
109.506, upon payment by the requester of a fee established by rule under ORS
109.506, the Oregon licensed adoption agency shall conduct the search. [1993
c.410 §3; 1995 c.730 §12; 1997 c.442 §9]
Note:
See note under 109.425.
109.503
Access to adoption records for search; duties of searcher.
(1) When the Department of Human Services or an Oregon licensed adoption agency
has been instructed to conduct a search, the department or an Oregon licensed
adoption agency may examine adoption records maintained by the department and by
private adoption agencies under ORS 109.435. However, the department or an
Oregon licensed adoption agency may examine the adoption records of a private
adoption agency only if the private adoption agency allows the examination. The
department or an Oregon licensed adoption agency shall keep the records and
information located in the records confidential.
(2) If the department or an Oregon
licensed adoption agency is able to identify and locate the person being
sought, the department or an Oregon licensed adoption agency shall make a
confidential inquiry of that person to determine whether the person wishes to
make contact with the person requesting the search. The department or an Oregon
licensed adoption agency shall make the inquiry in person if possible. If the
reason the person is requesting the search is because there is a serious
medical condition in the person’s immediate family that is, or may be, an
inheritable condition and the person being sought is biologically related to
the ill person, the department or the Oregon licensed adoption agency shall
inform the person being sought of that fact.
(3)(a) If the person being sought wishes
to make contact with the person requesting the search, the department or an
Oregon licensed adoption agency shall:
(A) Tell the person about the voluntary
adoption registry under ORS 109.435 to 109.507 and that any contact will be
made through the registry and its provisions and shall give the person any
information and forms necessary to register;
(B) Notify the voluntary adoption registry
that the person being sought has been identified and located and has indicated
that the person wishes to make contact; and
(C) Return all materials and information
obtained during the search to the department or agency responsible for
maintaining the information.
(b) If the person being sought has
indicated a wish to make contact and has not registered with the voluntary
adoption registry within 90 days after the confidential inquiry was made, the
department or an Oregon licensed adoption agency, where practicable, shall
contact the person to offer forms and materials to register and to determine if
the person still intends to register.
(4) If the person being sought does not
wish to make contact with the person requesting the search, the department or
an Oregon licensed adoption agency shall:
(a) Tell the person about the voluntary
adoption registry under ORS 109.435 to 109.507;
(b) Notify the voluntary adoption registry
that the person being sought has been identified, located and has indicated
that the person does not wish to make contact; and
(c) Return all materials and information
obtained during the search to the department or agency responsible for
maintaining the information.
(5) If the department or an Oregon
licensed adoption agency is unable to identify and locate the person being
sought, the department or an Oregon licensed adoption agency shall notify the
voluntary adoption registry of that fact.
(6) Upon receiving notice under subsection
(3)(a)(B), (4)(b) or (5) of this section, the voluntary adoption registry
shall:
(a) Enter the information into its
records; and
(b) Notify the person requesting the
search only that the person being sought has or has not been located, and
either:
(A) Has indicated a wish to make contact
and has been given information and forms necessary to register; or
(B) Has indicated a wish not to make
contact. [1993 c.410 §4; 1995 c.79 §43; 1995 c.730 §13; 1997 c.442 §10]
Note:
See note under 109.425.
109.504
Effect on subsequent searches when person sought in initial search refuses
contact. (1) If an adult adoptee or the adoptive
parent of a minor or deceased adoptee has initiated a search under ORS 109.502,
the fact that the person being sought in the original search does not wish to make
contact does not prevent the adult adoptee or the adoptive parent from
requesting another search for a birth parent or putative father not previously
contacted. An adult adoptee or the adoptive parent of a minor or deceased
adoptee may not request a search for a genetic sibling of the adoptee if there
was a previous search for a birth parent of the adoptee and the birth parent
did not want to make contact with the adult adoptee or adoptive parent.
(2) The adult adoptee or adoptive parent
of a minor or deceased adoptee shall request the search by repeating the
process set out in ORS 109.502 and by paying the fees established by the
Department of Human Services pursuant to ORS 109.506. [1993 c.410 §5; 1997
c.442 §11]
Note:
See note under 109.425.
109.505
Support services; adoption and reunion issues.
Information about agency and community resources regarding psychological issues
in adoption and reunion shall be provided:
(1) By the Department of Human Services or
an Oregon licensed adoption agency to all persons requesting a search under ORS
109.502; and
(2) By the department or an Oregon
licensed adoption agency only to those persons the department or an Oregon
licensed adoption agency identifies and locates as the result of a search under
ORS 109.503 and who express a wish to receive information. [1993 c.410 §6; 1995
c.730 §14]
Note:
See note under 109.425.
109.506
Rulemaking; fees. The Department of Human Services
by rule shall establish:
(1) Eligibility standards for Oregon
licensed adoption agencies that conduct searches under ORS 109.503;
(2) Standards of conduct for Oregon
licensed adoption agencies that conduct searches under ORS 109.503;
(3) Contracting procedures for Oregon
licensed adoption agencies that conduct searches under ORS 109.503;
(4) Search procedures to be followed by
Oregon licensed adoption agencies that conduct searches under ORS 109.503; and
(5) Fees to be paid by persons requesting
a search under ORS 109.502. Fees authorized under this section include:
(a) A fee to be paid to the department or
an Oregon licensed adoption agency to cover all costs incurred in the search;
and
(b) A fee to be paid to the department or
an Oregon licensed adoption agency to cover the administrative costs incurred
in administering the search program. [1993 c.410 §7; 1995 c.730 §15; 1999 c.650
§3]
Note:
See note under 109.425.
109.507
Access to Department of Human Services records required; access to private agency
records discretionary. (1) The Department of Human
Services shall allow an Oregon licensed adoption agency to examine confidential
adoption records maintained by the department as part of a search conducted
under ORS 109.503.
(2) A private adoption agency may allow
the department or an Oregon licensed adoption agency to examine confidential
adoption records maintained by the agency as part of a search conducted under
ORS 109.503. [1993 c.410 §8; 1995 c.730 §16]
Note:
See note under 109.425.
AGE
OF MAJORITY
109.510
Age of majority. Except as provided in ORS
109.520, in this state any person shall be deemed to have arrived at majority
at the age of 18 years, and thereafter shall:
(1) Have control of the person’s own
actions and business; and
(2) Have all the rights and be subject to
all the liabilities of a citizen of full age. [Amended by 1973 c.827 §14; 2005
c.22 §91]
109.520
Majority of married persons. Except as
provided in ORS 653.010, all persons shall be deemed to have arrived at the age
of majority upon their being married according to law. [Amended by 1953 c.343 §2;
1957 c.710 §12; 1973 c.827 §15]
109.550
[1977 c.525 §2; 1993 c.33 §293; repealed by 1993 c.546 §141]
109.555
[1977 c.525 §3; 1979 c.266 §2; 1993 c.33 §294; repealed by 1993 c.546 §141]
109.560
[1977 c.525 §4; 1993 c.33 §295; repealed by 1993 c.546 §141]
109.565
[1977 c.525 §5; repealed by 1993 c.546 §141]
RIGHTS
OF MINORS
109.610
Right to treatment for venereal disease without parental consent.
(1) Notwithstanding any other provision of law, a minor who may have come into
contact with any venereal disease may give consent to the furnishing of
hospital, medical or surgical care related to the diagnosis or treatment of
such disease, if the disease or condition is one which is required by law or
regulation adopted pursuant to law to be reported to the local or state health
officer or board. Such consent shall not be subject to disaffirmance because of
minority.
(2) The consent of the parent, parents, or
legal guardian of such minor shall not be necessary to authorize such hospital,
medical or surgical care and without having given consent the parent, parents,
or legal guardian shall not be liable for payment for any such care rendered. [Formerly
109.105; 1977 c.303 §1]
109.620
[Formerly 109.115; repealed by 1973 c.827 §83]
109.630
[1971 c.726 §1; 1973 c.454 §1; repealed by 1973 c.827 §83]
109.640
Right to medical or dental treatment without parental consent; provision of
birth control information and services to any person.
(1) Any physician or nurse practitioner may provide birth control information
and services to any person without regard to the age of the person.
(2) A minor 15 years of age or older may
give consent, without the consent of a parent or guardian of the minor, to:
(a) 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, except as provided by ORS 109.660.
(b) 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.
(c) Except when the minor is obtaining
contact lenses for the first time, diagnosis and treatment by an optometrist
who is licensed by the Oregon Board of Optometry under ORS 683.010 to 683.340
and who is acting within the scope of practice for an optometrist. [1971 c.381 §1;
2005 c.471 §7; 2010 c.91 §1]
109.650
Disclosure without minor’s consent and without liability.
A hospital or any physician, nurse practitioner, dentist or optometrist
described in ORS 109.640 may advise a parent or legal guardian of a minor of
the care, diagnosis or treatment of the minor or the need for any treatment of
the minor, without the consent of the minor, and is not liable for advising the
parent or legal guardian without the consent of the minor. [1971 c.381 §2; 2005
c.471 §8; 2010 c.91 §2]
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
Licensed Social Workers or a community mental health program established and
operated pursuant to ORS 430.620 when approved to do so by the Oregon Health
Authority 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; 2009 c.442 §30; 2009 c.595 §71]
109.680
Disclosure without minor’s consent; civil immunity.
A physician, psychologist, nurse practitioner, clinical social worker licensed
under ORS 675.530 or community mental health 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 minor’s treatment because
the minor’s condition has deteriorated or the risk of a suicide attempt has
become such that inpatient treatment is necessary, or the minor’s condition
requires detoxification in a residential or acute care facility. If such
disclosure is made, the physician, psychologist, nurse practitioner, clinical
social worker licensed under ORS 675.530 or community mental health 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;
2009 c.442 §31; 2009 c.595 §72]
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, clinical social worker licensed
under ORS 675.530 or community mental health 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; 2009 c.442 §32; 2009 c.595 §73]
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 minor’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 Oregon Health Authority shall
adopt rules for the implementation of ORS 109.675 to 109.695 by community
mental health 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; 2009 c.595 §74]
109.697
Right to contract for dwelling unit and utilities without parental consent.
(1) The Legislative Assembly finds that there are in the State of Oregon
unemancipated minors who are living apart from their parents and are homeless.
Many of these minors are able financially to provide housing and utility
services for themselves and their children, but cannot contract for these
necessities due to perceived legal limitations affecting contracts with minors.
The purpose of this legislation is to address those limitations.
(2) For purposes of this section, “minor”
means an unemancipated and unmarried person who is living apart from the person’s
parent, parents or legal guardian, and who is either:
(a) Sixteen or 17 years of age;
(b) Under 16 years of age and the parent
of a child or children who are living in the physical custody of the person; or
(c) Under 16 years of age, pregnant and
expecting the birth of a child who will be living in the physical custody of
the person.
(3) Notwithstanding any other provision of
law, a minor may contract for the necessities of a residential dwelling unit
and for utility services to that unit. Such a contract is binding upon the
minor and cannot be voided or disaffirmed by the minor based upon the minor’s
age or status as a minor.
(4) The consent of the parent or legal
guardian of such minor shall not be necessary to contract for a residential
dwelling unit or utility services to that unit. The parent or legal guardian of
such minor shall not be liable under a contract by that minor for a residential
dwelling unit or for utility services to that unit unless the parent or
guardian is a party to the minor’s contract, or enters another contract, for
the purpose of acting as guarantor of the minor’s debt. [1993 c.369 §29]
109.700
[1973 c.375 §25; repealed by 1999 c.649 §55]
UNIFORM
CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
(General
Provisions)
109.701
Short title. ORS 109.701 to 109.834 may be cited as
the Uniform Child Custody Jurisdiction and Enforcement Act. [1999 c.649 §1]
Note:
109.701 to 109.834 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 109 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
109.704
Definitions for ORS 109.701 to 109.834. As used in
ORS 109.701 to 109.834:
(1) “Abandoned” means left without
provision for reasonable and necessary care or supervision.
(2) “Child” means an individual who has
not attained 18 years of age.
(3) “Child custody determination” means a
judgment or other order of a court providing for the legal custody, physical
custody, parenting time or visitation with respect to a child. “Child custody
determination” includes a permanent, temporary, initial and modification order.
“Child custody determination” does not include an order relating to child
support or other monetary obligation of an individual.
(4) “Child custody proceeding” means a
proceeding in which legal custody, physical custody, parenting time or
visitation with respect to a child is an issue. “Child custody proceeding”
includes a proceeding for divorce, separation, neglect, abuse, dependency,
guardianship, paternity, termination of parental rights and protection from
domestic violence in which the issue may appear. “Child custody proceeding”
does not include a proceeding involving juvenile delinquency, contractual
emancipation or enforcement under ORS 109.774 to 109.827.
(5) “Commencement” means the filing of the
first pleading in a proceeding.
(6) “Court” means an entity authorized
under the law of a state to establish, enforce or modify a child custody
determination.
(7) “Home state” means the state in which
a child lived with a parent or a person acting as a parent for at least six
consecutive months immediately before the commencement of a child custody
proceeding. In the case of a child less than six months of age, “home state”
means the state in which the child lived from birth with any of the persons
mentioned. Any temporary absence of any of the mentioned persons is part of the
period.
(8) “Initial determination” means the
first child custody determination concerning a particular child.
(9) “Issuing court” means the court that
makes a child custody determination for which enforcement is sought under ORS
109.701 to 109.834.
(10) “Issuing state” means the state in
which a child custody determination is made.
(11) “Modification” means a child custody
determination that changes, replaces, supersedes or is otherwise made after a
previous determination concerning the same child, whether or not it is made by
the court that made the previous determination.
(12) “Person” means an individual,
corporation, public corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, government or a
governmental subdivision, agency or instrumentality, or any other legal or commercial
entity.
(13) “Person acting as a parent” means a
person, other than a parent, who:
(a) Has physical custody of the child or
has had physical custody for a period of six consecutive months, including any
temporary absence, within one year immediately before the commencement of a
child custody proceeding; and
(b) Has been awarded legal custody by a
court or claims a right to legal custody under the law of this state.
(14) “Physical custody” means the physical
care and supervision of a child.
(15) “State” means a state of the United
States, the District of Columbia, Puerto Rico, the United States Virgin Islands
or any territory or insular possession subject to the jurisdiction of the
United States.
(16) “Tribe” means an Indian tribe or
band, or Alaskan Native village, that is recognized by federal law or formally
acknowledged by a state.
(17) “Warrant” means an order issued by a
court authorizing law enforcement officers to take physical custody of a child.
[1999 c.649 §2; 2003 c.576 §159]
Note:
See note under 109.701.
109.707
Proceedings governed by other law. ORS 109.701
to 109.834 do not govern a proceeding pertaining to the authorization of
emergency medical care for a child. [1999 c.649 §3]
Note:
See note under 109.701.
109.710
[1973 c.375 §2; 1997 c.707 §23; repealed by 1999 c.649 §55]
109.711
Application to Indian tribes. (1) A child
custody proceeding that pertains to an Indian child as defined in the Indian
Child Welfare Act (25 U.S.C. 1901 et seq.), is not subject to ORS 109.701 to
109.834 to the extent that the proceeding is governed by the Indian Child
Welfare Act.
(2) A court of this state shall treat a
tribe as if it were a state of the United States for the purpose of applying
ORS 109.701 to 109.771.
(3) A child custody determination made by
a tribe under factual circumstances in substantial conformity with the
jurisdictional standards of ORS 109.701 to 109.834 must be recognized and
enforced under ORS 109.774 to 109.827. [1999 c.649 §4]
Note:
See note under 109.701.
109.714
International application of ORS 109.701 to 109.834.
(1) A court of this state shall treat a foreign country as if it were a state
of the United States for the purpose of applying ORS 109.701 to 109.771.
(2) Except as otherwise provided in
subsection (3) of this section, a child custody determination made in a foreign
country under factual circumstances in substantial conformity with the
jurisdictional standards of ORS 109.701 to 109.834 must be recognized and
enforced under ORS 109.774 to 109.827.
(3) A court of this state need not apply
ORS 109.701 to 109.834 if the child custody law of a foreign country violates
fundamental principles of human rights. [1999 c.649 §5]
Note:
See note under 109.701.
109.717
Effect of child custody determination. A child
custody determination made by a court of this state that has jurisdiction under
ORS 109.701 to 109.834 binds all persons who have been served in accordance
with the laws of this state or notified in accordance with ORS 109.724 or who
have submitted to the jurisdiction of the court, and who have been given an
opportunity to be heard. As to those persons, the determination is conclusive
as to all decided issues of law and fact except to the extent the determination
is modified. [1999 c.649 §6]
Note:
See note under 109.701.
109.720
[1973 c.375 §§1,23; repealed by 1999 c.649 §55]
109.721
Priority. If a question of existence or exercise
of jurisdiction under ORS 109.701 to 109.834 is raised in a child custody
proceeding, the question, upon request of a party, must be given priority on
the calendar and handled expeditiously. [1999 c.649 §7]
Note:
See note under 109.701.
109.724
Notice to persons outside state. (1) Notice
required for the exercise of jurisdiction when a person is outside this state
may be given in a manner prescribed by the law of this state for service of
process or by the law of the state in which the service is made. Notice must be
given in a manner reasonably calculated to give actual notice but may be by
publication if other means are not effective.
(2) Proof of service may be made in the
manner prescribed by the law of this state or by the law of the state in which
the service is made. If service is made by mail, proof of service may be a
receipt signed by the addressee or other evidence of delivery to the addressee.
(3) Notice is not required for the
exercise of jurisdiction with respect to a person who submits to the
jurisdiction of the court. [1999 c.649 §8]
Note:
See note under 109.701.
109.727
Appearance and limited immunity. (1) A party
to a child custody proceeding, including a modification proceeding, or a
petitioner or respondent in a proceeding to enforce or register a child custody
determination, is not subject to personal jurisdiction in this state for
another proceeding or purpose solely by reason of having participated, or of
having been physically present for the purpose of participating, in the
proceeding.
(2) A person who is subject to personal
jurisdiction in this state on a basis other than physical presence is not
immune from service of process in this state. A party present in this state who
is subject to the jurisdiction of another state is not immune from service of
process allowable under the laws of that state.
(3) The immunity granted by subsection (1)
of this section does not extend to civil litigation based on acts unrelated to
the participation in a proceeding under ORS 109.701 to 109.834 committed by an
individual while present in this state. [1999 c.649 §9]
Note:
See note under 109.701.
109.730
[1973 c.375 §3; repealed by 1999 c.649 §55]
109.731
Communication between courts. (1) A court
of this state may communicate with a court in another state concerning a
proceeding arising under ORS 109.701 to 109.834.
(2) The court may allow the parties to
participate in the communication. If the parties are not able to participate in
the communication, they must be given the opportunity to present facts and
legal arguments before a decision on jurisdiction is made.
(3) Communication between courts on
schedules, calendars, court records and similar matters may occur without
informing the parties. A record need not be made of the communication.
(4) Except as otherwise provided in
subsection (3) of this section, a record must be made of a communication under
this section. The parties must be informed promptly of the communication and
granted access to the record.
(5) For the purposes of this section, “record”
means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form. [1999
c.649 §10]
Note:
See note under 109.701.
109.734
Taking testimony in another state. (1) In
addition to other procedures available to a party, a party to a child custody
proceeding may offer testimony of witnesses who are located in another state,
including testimony of the parties and the child, by deposition or other means
allowable in this state for testimony taken in another state. The court on its
own motion may order that the testimony of a person be taken in another state
and may prescribe the manner in which and the terms upon which the testimony is
taken.
(2) A court of this state may permit an
individual residing in another state to be deposed or to testify by telephone,
audiovisual means or other electronic means before a designated court or at
another location in that state. A court of this state shall cooperate with
courts of other states in designating an appropriate location for the
deposition or testimony.
(3) Documentary evidence transmitted from
another state to a court of this state by technological means that does not
produce an original writing may not be excluded from evidence on an objection
based on the means of transmission. [1999 c.649 §11]
Note:
See note under 109.701.
109.737
Cooperation between courts; preservation of records.
(1) A court of this state may request the appropriate court of another state
to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give
evidence pursuant to procedures of that state;
(c) Order that an evaluation be made with
respect to the custody of a child involved in a pending proceeding;
(d) Forward to the court of this state a
certified copy of the transcript of the record of the hearing, the evidence
otherwise presented and any evaluation prepared in compliance with the request;
and
(e) Order a party to a child custody
proceeding or any person having physical custody of the child to appear in the
proceeding with or without the child.
(2) Upon request of a court of another
state, a court of this state may hold a hearing or enter an order described in
subsection (1) of this section.
(3) Travel and other necessary and
reasonable expenses incurred under subsections (1) and (2) of this section may
be assessed against the parties according to the law of this state.
(4) A court of this state shall preserve
the pleadings, orders, judgments, records of hearings, evaluations and other
pertinent records with respect to a child custody proceeding for the time
required by the retention schedule adopted under ORS 8.125 (11). The retention
schedule shall require retention at least until the child attains 18 years of
age. Upon appropriate request by a court or law enforcement official of another
state, the court shall forward a certified copy of those records. [1999 c.649 §12;
2003 c.576 §160]
Note:
See note under 109.701.
109.740
[1973 c.375 §4; repealed by 1999 c.649 §55]
(Jurisdiction)
109.741
Initial child custody jurisdiction. (1) Except as
otherwise provided in ORS 109.751, a court of this state has jurisdiction to
make an initial child custody determination only if:
(a) This state is the home state of the
child on the date of the commencement of the proceeding, or was the home state
of the child within six months before the commencement of the proceeding and
the child is absent from this state but a parent or person acting as a parent
continues to live in this state;
(b) A court of another state does not have
jurisdiction under subsection (1)(a) of this section, or a court of the home
state of the child has declined to exercise jurisdiction on the ground that
this state is the more appropriate forum under ORS 109.761 or 109.764, and:
(A) The child and the child’s parents, or
the child and at least one parent or a person acting as a parent, have a
significant connection with this state other than mere physical presence; and
(B) Substantial evidence is available in
this state concerning the child’s care, protection, training and personal
relationships;
(c) All courts having jurisdiction under
subsection (1)(a) or (b) of this section have declined to exercise jurisdiction
on the ground that a court of this state is the more appropriate forum to
determine the custody of the child under ORS 109.761 or 109.764; or
(d) No court of any other state would have
jurisdiction under the criteria specified in subsection (1)(a), (b) or (c) of
this section.
(2) Subsection (1) of this section is the
exclusive jurisdictional basis for making a child custody determination by a
court of this state.
(3) Physical presence of, or personal
jurisdiction over, a party or a child is not necessary or sufficient to make a
child custody determination. [1999 c.649 §13]
Note:
See note under 109.701.
109.744
Exclusive, continuing jurisdiction. (1) Except as
otherwise provided in ORS 109.751, a court of this state that has made a child
custody determination consistent with ORS 109.741 or 109.747 has exclusive,
continuing jurisdiction over the determination until:
(a) A court of this state determines that
neither the child, nor the child and one parent, nor the child and a person
acting as a parent have a significant connection with this state and that
substantial evidence is no longer available in this state concerning the child’s
care, protection, training and personal relationships; or
(b) A court of this state or a court of
another state determines that the child, the child’s parents and any person
acting as a parent do not presently reside in this state.
(2) A court of this state that has made a
child custody determination and does not have exclusive, continuing
jurisdiction under this section may modify that determination only if the court
has jurisdiction to make an initial determination under ORS 109.741. [1999
c.649 §14]
Note:
See note under 109.701.
109.747
Jurisdiction to modify determination. Except as
otherwise provided in ORS 109.751, a court of this state may not modify a child
custody determination made by a court of another state unless a court of this
state has jurisdiction to make an initial determination under ORS 109.741
(1)(a) or (b) and:
(1) The court of the other state
determines that it no longer has exclusive, continuing jurisdiction under ORS
109.744 or that a court of this state would be a more convenient forum under
ORS 109.761; or
(2) A court of this state or a court of
the other state determines that the child, the child’s parents and any person
acting as a parent do not presently reside in the other state. [1999 c.649 §15]
Note:
See note under 109.701.
109.750
[1973 c.375 §5; repealed by 1999 c.649 §55]
109.751
Temporary emergency jurisdiction. (1) A court
of this state has temporary emergency jurisdiction if the child is present in
this state and the child has been abandoned or it is necessary in an emergency
to protect the child because the child, or a sibling or parent of the child, is
subjected to or threatened with mistreatment or abuse.
(2) If there is no previous child custody
determination that is entitled to be enforced under ORS 109.701 to 109.834 and a
child custody proceeding has not been commenced in a court of a state having
jurisdiction under ORS 109.741 to 109.747, a child custody determination made
under this section remains in effect until an order is obtained from a court of
a state having jurisdiction under ORS 109.741 to 109.747. If a child custody
proceeding has not been or is not commenced in a court of a state having
jurisdiction under ORS 109.741 to 109.747, a child custody determination made
under this section becomes a final determination if the determination so
provides and this state becomes the home state of the child.
(3) If there is a previous child custody
determination that is entitled to be enforced under ORS 109.701 to 109.834, or
a child custody proceeding has been commenced in a court of a state having
jurisdiction under ORS 109.741 to 109.747, any order issued by a court of this
state under this section must specify in the order a period that the court
considers adequate to allow the person seeking an order to obtain an order from
the state having jurisdiction under ORS 109.741 to 109.747. The order issued in
this state remains in effect until an order is obtained from the other state
within the period specified or the period expires.
(4) A court of this state that has been asked
to make a child custody determination under this section, upon being informed
that a child custody proceeding has been commenced in, or a child custody
determination has been made by, a court of a state having jurisdiction under
ORS 109.741 to 109.747, shall immediately communicate with the other court. A
court of this state that is exercising jurisdiction under ORS 109.741 to
109.747, upon being informed that a child custody proceeding has been commenced
in, or a child custody determination has been made by, a court of another state
under a statute similar to this section, shall immediately communicate with the
court of that state to resolve the emergency, protect the safety of the parties
and the child and determine a period for the duration of the temporary order. [1999
c.649 §16]
Note:
See note under 109.701.
109.754
Notice; opportunity to be heard; joinder. (1)
Before a child custody determination is made under ORS 109.701 to 109.834,
notice and an opportunity to be heard in accordance with the standards of ORS
109.724 must be given to all persons entitled to notice under the law of this
state as in child custody proceedings between residents of this state, any
parent whose parental rights have not been previously terminated and any person
having physical custody of the child.
(2) ORS 109.701 to 109.834 do not govern
the enforceability of a child custody determination made without notice or an
opportunity to be heard.
(3) The obligation to join a party and the
right to intervene as a party in a child custody proceeding under ORS 109.701
to 109.834 are governed by the law of this state as in child custody
proceedings between residents of this state. [1999 c.649 §17]
Note:
See note under 109.701.
109.757
Simultaneous proceedings. (1) Except as otherwise provided
in ORS 109.751, a court of this state may not exercise its jurisdiction under
ORS 109.741 to 109.771 if, at the time of the commencement of the proceeding, a
proceeding concerning the custody of the child has been commenced in a court of
another state having jurisdiction substantially in conformity with ORS 109.701
to 109.834, unless the proceeding has been terminated or is stayed by the court
of the other state because a court of this state is a more convenient forum
under ORS 109.761.
(2) Except as otherwise provided in ORS
109.751, a court of this state, before hearing a child custody proceeding,
shall examine the court documents and other information supplied by the parties
under ORS 109.767. If the court determines that a child custody proceeding has
been commenced in a court in another state having jurisdiction substantially in
accordance with ORS 109.701 to 109.834, the court of this state shall stay its
proceeding and communicate with the court of the other state. If the court of the
state having jurisdiction substantially in accordance with ORS 109.701 to
109.834 does not determine that the court of this state is a more appropriate
forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody
determination, a court of this state shall determine whether a proceeding to
enforce the determination has been commenced in another state. If a proceeding
to enforce a child custody determination has been commenced in another state,
the court may:
(a) Stay the proceeding for modification
pending the entry of an order of a court of the other state enforcing, staying,
denying or dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing
with the proceeding for enforcement; or
(c) Proceed with the modification under
conditions it considers appropriate. [1999 c.649 §18]
Note:
See note under 109.701.
109.760
[1973 c.375 §6; repealed by 1999 c.649 §55]
109.761
Inconvenient forum. (1) A court of this state that
has jurisdiction under ORS 109.701 to 109.834 to make a child custody
determination may decline to exercise its jurisdiction at any time if the court
determines that it is an inconvenient forum under the circumstances and that a
court of another state is a more appropriate forum. The issue of inconvenient
forum may be raised upon the motion of a party, the court’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 child’s present address or whereabouts, the places where the child has
lived during the last five years and the names and present addresses of the
persons with whom the child has lived during that period. The pleading or
affidavit must state whether the party:
(a) Has participated, as a party or
witness or in any other capacity, in any other proceeding concerning the
custody of or parenting time or visitation with the child and, if so, identify
the court, the case number and the date of the child custody determination, if
any;
(b) Knows of any proceeding that could
affect the current proceeding, including proceedings for enforcement and
proceedings relating to domestic violence, protective orders, termination of
parental rights and adoptions and, if so, identify the court, the case number
and the nature of the proceeding; and
(c) Knows the names and addresses of any
person not a party to the proceeding who has physical custody of the child or
claims rights of legal custody or physical custody of, or parenting time or
visitation with, the child and, if so, the names and addresses of those
persons.
(2) If the information required by
subsection (1) of this section is not furnished, the court, upon motion of a
party or its own motion, may stay the proceeding until the information is
furnished.
(3) If the declaration as to any of the
items described in subsection (1) of this section is in the affirmative, the
declarant shall give additional information under oath as required by the
court. The court may examine the parties under oath as to details of the
information furnished and other matters pertinent to the court’s jurisdiction
and the disposition of the case.
(4) Each party has a continuing duty to
inform the court of any proceeding in this or any other state that could affect
the current proceeding.
(5) If a party alleges in an affidavit or
a pleading under oath that the health, safety or liberty of a party or child
would be jeopardized by disclosure of identifying information, the information
must be sealed and may not be disclosed to the other party or the public unless
the court orders the disclosure to be made after a hearing in which the court
takes into consideration the health, safety or liberty of the party or child
and determines that the disclosure is in the interest of justice. Costs
incurred by the court when special notice procedures are made necessary by the
nondisclosure of identifying information shall be paid by the parties as deemed
appropriate by the court. [1999 c.649 §21]
Note:
See note under 109.701.
109.770
[1973 c.375 §7; 1981 c.897 §34; repealed by 1999 c.649 §55]
109.771
Appearance of parties and child. (1) In a
child custody proceeding in this state, the court may order a party to the
proceeding who is in this state to appear before the court in person with or
without the child. The court may order any person who is in this state and who
has physical custody or control of the child to appear in person with the
child.
(2) If a party to a child custody
proceeding whose presence is desired by the court is outside this state, the
court may order that a notice given under ORS 109.724 include a statement
directing the party to appear in person with or without the child and informing
the party that failure to appear may result in a decision adverse to the party.
(3) The court may enter any orders
necessary to ensure the safety of the child and of any person ordered to appear
under this section.
(4) If a party to a child custody
proceeding who is outside this state is directed to appear under subsection (2)
of this section or desires to appear personally before the court with or
without the child, the court may require another party to pay reasonable and
necessary travel and other expenses of the party and the child so appearing. [1999
c.649 §22]
Note:
See note under 109.701.
(Enforcement)
109.774
Definitions for ORS 109.774 to 109.827. As used in
ORS 109.774 to 109.827:
(1) “Petitioner” means a person who seeks
enforcement of an order for return of a child under the Hague Convention on the
Civil Aspects of International Child Abduction or enforcement of a child
custody determination.
(2) “Respondent” means a person against
whom a proceeding has been commenced for enforcement of an order for return of
a child under the Hague Convention on the Civil Aspects of International Child
Abduction or enforcement of a child custody determination. [1999 c.649 §23]
Note:
See note under 109.701.
109.777
Enforcement under Hague Convention. Under ORS
109.774 to 109.827, a court of this state may also enforce an order for the
return of the child made under the Hague Convention on the Civil Aspects of
International Child Abduction as if the order were a child custody
determination. [1999 c.649 §24]
Note:
See note under 109.701.
109.780
[1973 c.375 §8; 1981 c.897 §35; repealed by 1999 c.649 §55]
109.781
Duty to enforce. (1) A court of this state shall
recognize and enforce a child custody determination of a court of another state
if the latter court exercised jurisdiction in substantial conformity with ORS
109.701 to 109.834 or the determination was made under factual circumstances
meeting the jurisdictional standards of ORS 109.701 to 109.834 and the
determination has not been modified in accordance with ORS 109.701 to 109.834.
(2) A court of this state may utilize any
remedy available under other law of this state to enforce a child custody determination
made by a court of another state. The remedies provided in ORS 109.774 to
109.827 are cumulative and do not affect the availability of other remedies to
enforce a child custody determination. [1999 c.649 §25]
Note:
See note under 109.701.
109.784
Temporary order for parenting time or visitation.
In a child custody enforcement proceeding authorized by law:
(1) A court of this state that does not
have jurisdiction to modify a child custody determination may issue a temporary
order enforcing:
(a) A parenting time or visitation
schedule made by a court of another state; or
(b) The visitation or parenting time
provisions of a child custody determination of another state that permit
visitation or parenting time but do not provide for a specific visitation or
parenting time schedule.
(2) If a court of this state makes an
order under subsection (1)(b) of this section, the court shall specify in the
order a period that it considers adequate to allow the petitioner to obtain an
order from a court having jurisdiction under the criteria specified in ORS
109.741 to 109.771. The order remains in effect until an order is obtained from
the other court or the period expires. [1999 c.649 §26]
Note:
See note under 109.701.
109.787
Registration of child custody determination; notice; fee; 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) The filing fee established under ORS
21.145;
(c) 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
(d) 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)(d) 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 and pay the filing fee established under ORS 21.145. 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; 2011 c.595 §34]
Note:
Section 38, chapter 595, Oregon Laws 2011, provides:
Sec.
38. The amendments to ORS 24.115, 24.135,
109.787, 110.426, 125.842 and 125.845 by sections 32 to 37 of this 2011 Act
apply only to proceedings commenced on or after October 1, 2011. [2011 c.595 §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. (1) A court
of this state may grant any relief normally available under the law of this
state to enforce a registered child custody determination made by a court of
another state.
(2) A court of this state shall recognize
and enforce, but may not modify, except in accordance with ORS 109.741 to
109.771, a registered child custody determination of a court of another state. [1999
c.649 §28]
Note:
See note under 109.701.
109.794
Simultaneous proceedings. If a proceeding for enforcement
under ORS 109.774 to 109.827 is commenced in a court of this state and the
court determines that a proceeding to modify the determination is pending in a
court of another state having jurisdiction to modify the determination under
ORS 109.741 to 109.771, the enforcing court shall immediately communicate with
the modifying court. The proceeding for enforcement continues unless the
enforcing court, after consultation with the modifying court, stays or
dismisses the proceeding. [1999 c.649 §29]
Note:
See note under 109.701.
109.797
Expedited enforcement of child custody determination.
(1) A petition under ORS 109.774 to 109.827 must be verified. Certified copies
of all orders sought to be enforced and of any order confirming registration
must be attached to the petition. A copy of a certified copy of an order may be
attached instead of the original.
(2) A petition for enforcement of a child
custody determination must state:
(a) Whether the court that issued the
determination identified the jurisdictional basis it relied upon in exercising
jurisdiction and, if so, what the basis was;
(b) Whether the determination for which
enforcement is sought has been vacated, stayed or modified by a court whose
decision must be enforced under ORS 109.701 to 109.834 and, if so, must
identify the court, the case number and the nature of the proceeding;
(c) Whether any proceeding has been
commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental
rights and adoptions and, if so, must identify the court, the case number and
the nature of the proceeding;
(d) The present physical address of the
child and the respondent, if known;
(e) Whether relief in addition to the
immediate physical custody of the child and attorney fees is sought, including
a request for assistance from law enforcement officials and, if so, the relief
sought; and
(f) If the child custody determination has
been registered and confirmed under ORS 109.787, the date and place of
registration.
(3) Upon the filing of a petition, the
court shall issue an order directing the respondent to appear in person with or
without the child at a hearing and may enter any order necessary to ensure the
safety of the parties and the child. If the court issues an order, the order
shall be served in the manner the court determines to be appropriate under the
circumstances of the case and may include service by the sheriff. The person
requesting the order shall pay the costs of service. The court shall hold the
hearing as soon as reasonably possible and shall expedite the hearing if it
finds an emergency is present.
(4) An order issued under subsection (3)
of this section must state the time and place of the hearing and advise the
respondent that at the hearing the court will order that the petitioner may
take immediate physical custody of the child and will order the payment of
fees, costs and expenses under ORS 109.811, and may schedule a hearing to
determine whether further relief is appropriate, unless the respondent appears
and establishes that:
(a) The child custody determination has
not been registered and confirmed under ORS 109.787 and that:
(A) The issuing court did not have
jurisdiction under ORS 109.741 to 109.771;
(B) The child custody determination for
which enforcement is sought has been vacated, stayed or modified by a court
having jurisdiction to do so under ORS 109.741 to 109.771; or
(C) The respondent was entitled to notice,
but notice was not given in accordance with the standards of ORS 109.724, in
the proceedings before the court that issued the order for which enforcement is
sought; or
(b) The child custody determination for
which enforcement is sought was registered and confirmed under ORS 109.787, but
has been vacated, stayed or modified by a court of a state having jurisdiction
to do so under ORS 109.741 to 109.771. [1999 c.649 §30]
Note:
See note under 109.701.
109.800
[1973 c.375 §10; 1997 c.707 §25; repealed by 1999 c.649 §55]
109.801
Service of petition and order. Except as
otherwise provided in ORS 109.807, the petition and order for enforcement of a
child custody determination must be served by the petitioner, by any method
authorized for service of process within this state, upon the respondent and
any person who has physical custody of the child. [1999 c.649 §31]
Note:
See note under 109.701.
109.804
Immediate physical custody of child allowed; exceptions; spousal privilege not
allowed in certain proceedings. (1) Unless
the court issues a temporary emergency order under ORS 109.751, upon a finding
that a petitioner is entitled to immediate physical custody of the child under
the controlling child custody determination, the court shall order that the
petitioner may take immediate physical custody of the child unless the
respondent establishes that:
(a) The child custody determination has
not been registered and confirmed under ORS 109.787 and that:
(A) The issuing court did not have jurisdiction
under ORS 109.741 to 109.771;
(B) The child custody determination for
which enforcement is sought has been vacated, stayed or modified by a court of
a state having jurisdiction to do so under ORS 109.741 to 109.771; or
(C) The respondent was entitled to notice,
but notice was not given in accordance with the standards of ORS 109.724, in
the proceedings before the court that issued the order for which enforcement is
sought; or
(b) The child custody determination for
which enforcement is sought was registered and confirmed under ORS 109.787, but
has been vacated, stayed or modified by a court of a state having jurisdiction
to do so under ORS 109.741 to 109.771.
(2) The court shall award the fees, costs
and expenses authorized under ORS 109.811, may grant additional relief,
including a request for the assistance of law enforcement officials, and may
set further hearings, if necessary, to determine whether additional relief is
appropriate.
(3) A privilege against disclosure of
communications between spouses and a defense of immunity based on the
relationship of husband and wife or parent and child may not be invoked in a
proceeding under ORS 109.774 to 109.827. [1999 c.649 §32]
Note:
See note under 109.701.
109.807
Warrant to take physical custody of child. (1)
Upon the filing of a petition seeking enforcement of a child custody
determination, the petitioner may file a verified application for the issuance
of a warrant to take physical custody of the child if the child is immediately
likely to suffer serious physical harm or be removed from this state.
(2) If the court, upon the testimony of
the petitioner or other witness, is satisfied that there is probable cause to
believe that the child is imminently likely to suffer serious physical harm or
be removed from this state, it may issue a warrant to take physical custody of
the child. The petition must be heard on the next judicial day after the
warrant is executed unless that date is impossible. In that event, the court
shall hold the hearing on the first judicial day possible. The application for
the warrant must include the statements required by ORS 109.797 (2).
(3) A warrant to take physical custody of
a child must:
(a) Recite the facts upon which a
conclusion of imminent serious physical harm or removal from the jurisdiction
is based;
(b) Direct law enforcement officers to
take physical custody of the child immediately; and
(c) Provide for the placement of the child
pending final relief.
(4) The respondent must be served with the
petition, warrant and order immediately after the child is taken into physical
custody.
(5) A warrant to take physical custody of
a child is enforceable throughout this state. If the court finds on the basis
of the testimony of the petitioner or other witness that a less intrusive
remedy is not effective, it may authorize law enforcement officers to enter
private property to take physical custody of the child. If required by exigent
circumstances of the case, the court may authorize law enforcement officers to
make a forcible entry at any hour.
(6) The court may impose conditions upon
placement of a child to ensure the appearance of the child and the child’s
custodian. [1999 c.649 §33]
Note:
See note under 109.701.
109.810
[1973 c.375 §11; repealed by 1999 c.649 §55]
109.811
Costs, fees and expenses. (1) The court shall award the
prevailing party, including a state, necessary and reasonable expenses incurred
by or on behalf of the party, including costs, communication expenses, attorney
fees, investigative fees, expenses for witnesses, travel expenses and child
care expenses during the course of the proceedings, unless the party from whom
fees or expenses are sought establishes that the award would be clearly
inappropriate. An award may be inappropriate if the award would cause the
parent or child to seek public assistance.
(2) The court may not assess fees, costs
or expenses against a state unless authorized by law other than ORS 109.701 to
109.834. [1999 c.649 §34]
Note:
See note under 109.701.
109.814
Recognition and enforcement. A court of
this state shall accord full faith and credit to an order issued by another
state and consistent with ORS 109.701 to 109.834 that enforces a child custody
determination by a court of another state unless the order has been vacated,
stayed or modified by a court having jurisdiction to do so under ORS 109.741 to
109.771. [1999 c.649 §35]
Note:
See note under 109.701.
109.817
Appeals. An appeal may be taken from a final
order in a proceeding under ORS 109.774 to 109.827 in accordance with ORS
chapter 19. Unless the court enters a temporary emergency order under ORS
109.751, the enforcing court may not stay an order enforcing a child custody
determination pending appeal. [1999 c.649 §36]
Note:
See note under 109.701.
109.820
[1973 c.375 §12; repealed by 1999 c.649 §55]
109.821
Role of district attorney. (1) In a case arising under ORS
109.701 to 109.834 or involving the Hague Convention on the Civil Aspects of
International Child Abduction, the district attorney may take any lawful
action, including resort to a proceeding under ORS 109.774 to 109.827 or any
other available civil proceeding, to locate a child, obtain the return of a
child or enforce a child custody determination if there is:
(a) An existing child custody
determination;
(b) A request to do so from a court in a
pending child custody proceeding;
(c) A reasonable belief that a criminal
statute has been violated; or
(d) A reasonable belief that the child has
been wrongfully removed or retained in violation of the Hague Convention on the
Civil Aspects of International Child Abduction.
(2) A district attorney acting under this
section acts on behalf of the state to protect the state’s interest in the
enforcement of ORS 109.701 to 109.834 and may not represent any party. [1999
c.649 §37]
Note:
See note under 109.701.
109.824
Role of law enforcement officer. At the
request of a district attorney acting under ORS 109.821, a law enforcement
officer may take any lawful action reasonably necessary to locate a child or a
party and assist a district attorney with responsibilities under ORS 109.821. [1999
c.649 §38]
Note:
See note under 109.701.
109.827
Costs and expenses of district attorney and law enforcement officers.
If the respondent is not the prevailing party, the court may assess against the
respondent all direct expenses and costs incurred by the district attorney and
law enforcement officers under ORS 109.821 or 109.824. [1999 c.649 §39]
Note:
See note under 109.701.
109.830
[1973 c.375 §13; repealed by 1999 c.649 §55]
(Miscellaneous
Provisions)
109.831
Application and construction. In applying
and construing ORS 109.701 to 109.834, consideration must be given to the need
to promote uniformity of the law with respect to its subject matter among states
that enact it. [1999 c.649 §40]
Note:
See note under 109.701.
109.834
Severability clause. If any provision of ORS 109.701
to 109.834 or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of ORS 109.701
to 109.834 that can be given effect without the invalid provision or
application, and to this end the provisions of ORS 109.701 to 109.834 are
severable. [1999 c.649 §41]
Note:
See note under 109.701.
109.840
[1973 c.375 §14; repealed by 1999 c.649 §55]
109.850
[1973 c.375 §15; 1981 c.897 §36; repealed by 1999 c.649 §55]
109.860
[1973 c.375 §16; repealed by 1999 c.649 §55]
109.870
[1973 c.375 §17; repealed by 1999 c.649 §55]
109.880
[1973 c.375 §18; repealed by 1999 c.649 §55]
109.890
[1973 c.375 §19; repealed by 1999 c.649 §55]
109.900
[1973 c.375 §20; repealed by 1999 c.649 §55]
109.910
[1973 c.375 §21; repealed by 1999 c.649 §55]
109.920
[1973 c.375 §22; repealed by 1999 c.649 §55]
109.930
[1973 c.375 §24; repealed by 1999 c.649 §55]
PENALTY
109.990
Penalty. (1) A person who violates ORS 109.311
(3) or who submits a false statement under ORS 109.311 (1) commits a Class C
felony.
(2) A person who violates any provision of
ORS 109.311 (4) or 109.502 to 109.507 or any rule adopted pursuant to ORS
109.506 commits a Class A misdemeanor. [1985 c.403 §2 (4); 1993 c.717 §5;
subsection (3) of 1993 Edition enacted as 1993 c.410 §9; 1995 c.79 §44; 1995
c.730 §4]
Note:
See note under 109.425.
_______________