(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 a filiation proceeding under ORS 109.125 or to a proceeding to acknowledge or establish parentage of an Indian child under ORS 419B.609 that was 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; 2017 c.651 §20; 2021 c.398 §44]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 109 - Parent and Child Rights and Relationships
Section 109.001 - Breast-feeding in public place.
Section 109.012 - Liability of parents for expenses and education of children.
Section 109.035 - Security required before foreign travel with child.
Section 109.041 - Relationship between adopted child and natural and adoptive parents.
Section 109.065 - Establishing parentage.
Section 109.070 - Presumption of parentage; establishing paternity by voluntary acknowledgment.
Section 109.072 - Petition to vacate or set aside parentage determination.
Section 109.073 - Social Security number of parent in paternity order.
Section 109.090 - Interpretation of ORS 109.060 to 109.090.
Section 109.096 - Notice to putative father when parentage not established.
Section 109.100 - Petition for support; effect of judgment; parties.
Section 109.103 - Proceeding to determine custody or support of child.
Section 109.124 - Definitions for ORS 109.124 to 109.230.
Section 109.125 - Who may initiate proceedings; petition; parties.
Section 109.135 - Circuit court jurisdiction; equity action; place of commencement.
Section 109.175 - Determination of legal custody after parentage established.
Section 109.225 - Notice to Center for Health Statistics after petition filed; filing notice.
Section 109.231 - Records open to public.
Section 109.237 - Attorney fees.
Section 109.243 - Relationship of child resulting from assisted reproduction to mother’s spouse.
Section 109.247 - Application of law to children resulting from assisted reproduction.
Section 109.252 - Authority for blood test; effect of refusal to submit to test; payment for test.
Section 109.254 - Selection of experts to make tests; admissible evidence.
Section 109.256 - Compensation of experts.
Section 109.259 - Temporary child support pending determination of parentage.
Section 109.260 - Applicability to criminal actions for nonsupport.
Section 109.266 - Definitions for ORS 109.266 to 109.410.
Section 109.268 - Interpretation of adoption laws; agreement for continuing contact.
Section 109.270 - Rules regarding home studies and placement reports.
Section 109.274 - Confidentiality of petitioners.
Section 109.283 - Application for home study by Oregon resident.
Section 109.287 - Adoption Summary and Segregated Information Statement; exhibits; confidentiality.
Section 109.301 - Consent to adoption in general.
Section 109.302 - Consent to adoption of Indian child; withdrawal of consent.
Section 109.323 - Consent when custody of child has been awarded in divorce proceedings.
Section 109.324 - Consent when parent has deserted or neglected child.
Section 109.326 - Consent when spouse not parent.
Section 109.327 - Consent by organization located outside Oregon.
Section 109.329 - Adoption of person 18 years of age or older or legally married.
Section 109.331 - Consenting agency disclosure of county and case number of adoption proceeding.
Section 109.332 - Grandparent visitation in stepparent adoption.
Section 109.342 - Medical history of child and biological parents required; content; form.
Section 109.346 - Adoption-related counseling for birth parent.
Section 109.347 - Civil action for failure to pay for counseling; attorney fees.
Section 109.350 - Judgment of adoption or readoption.
Section 109.353 - Notice of voluntary adoption registry required before judgment entered; waiver.
Section 109.381 - Effect of judgment of adoption.
Section 109.400 - Adoption report form.
Section 109.410 - Certificate of adoption; form; persons eligible to receive certificate; status.
Section 109.425 - Definitions for ORS 109.425 to 109.507.
Section 109.430 - Policy and purpose.
Section 109.435 - Adoption records to be permanently maintained.
Section 109.445 - Information of registry confidential.
Section 109.450 - Child placement agency to maintain registry; Department of Human Services duties.
Section 109.455 - Persons eligible to use registry.
Section 109.465 - Content of affidavit; notice of change in information.
Section 109.475 - Processing affidavits; notification of match.
Section 109.480 - Counseling of registrant.
Section 109.485 - Registry information to be maintained permanently.
Section 109.490 - Limits on releasing information.
Section 109.495 - Registrant fee.
Section 109.500 - Genetic, social and health history; availability; fee.
Section 109.503 - Access to adoption records for search; duties of searcher.
Section 109.505 - Support services; adoption and reunion issues.
Section 109.506 - Rulemaking; fees.
Section 109.510 - Age of majority.
Section 109.570 - Legislative findings.
Section 109.572 - Definitions for ORS 109.570 to 109.580.
Section 109.580 - Relative caregiver affidavit.
Section 109.670 - Right to donate blood.
Section 109.672 - Certain persons immune from liability for providing care to minor.
Section 109.680 - Disclosure by mental health care provider without minor’s consent; civil immunity.
Section 109.697 - Right to contract for dwelling unit and utilities without parental consent.
Section 109.701 - Short title.
Section 109.704 - Definitions for ORS 109.701 to 109.834.
Section 109.707 - Proceedings governed by other law.
Section 109.711 - Application to Indian tribes.
Section 109.714 - International application of ORS 109.701 to 109.834.
Section 109.717 - Effect of child custody determination.
Section 109.724 - Notice to persons outside state.
Section 109.727 - Appearance and limited immunity.
Section 109.731 - Communication between courts.
Section 109.734 - Taking testimony in another state.
Section 109.737 - Cooperation between courts; preservation of records.
Section 109.741 - Initial child custody jurisdiction.
Section 109.744 - Exclusive, continuing jurisdiction.
Section 109.747 - Jurisdiction to modify determination.
Section 109.751 - Temporary emergency jurisdiction.
Section 109.754 - Notice; opportunity to be heard; joinder.
Section 109.757 - Simultaneous proceedings.
Section 109.761 - Inconvenient forum.
Section 109.764 - Jurisdiction declined by reason of conduct.
Section 109.767 - Information to be submitted to court.
Section 109.771 - Appearance of parties and child.
Section 109.774 - Definitions for ORS 109.774 to 109.827.
Section 109.777 - Enforcement under Hague Convention.
Section 109.781 - Duty to enforce.
Section 109.784 - Temporary order for parenting time or visitation.
Section 109.787 - Registration of child custody determination; notice; fee; hearing.
Section 109.791 - Enforcement of registered determination.
Section 109.794 - Simultaneous proceedings.
Section 109.797 - Expedited enforcement of child custody determination.
Section 109.801 - Service of petition and order.
Section 109.807 - Warrant to take physical custody of child.
Section 109.811 - Costs, fees and expenses.
Section 109.814 - Recognition and enforcement.
Section 109.821 - Role of district attorney.
Section 109.824 - Role of law enforcement officer.
Section 109.827 - Costs and expenses of district attorney and law enforcement officers.
Section 109.831 - Application and construction.