(2) One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (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.
(3) Except as provided in subsection (4) 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.
(4)(a) Notwithstanding ORS 109.741 and 109.744 and except as provided in ORS 419B.627, 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 109.301 (1) or 109.302 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.
(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 petition for adoption of a minor child must comply with the requirements, and be served in the manner, described in ORS 109.285.
(7)(a) In a proceeding for the adoption of a minor child, a current home study must be approved by either the Department of Human Services or an Oregon licensed adoption agency 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) Except when the court finds that there is reason to know that the child is an Indian child, the department, upon request by the petitioner, may waive the home study requirement in an adoption proceeding in which one of the child’s biological parents or adoptive parents retains parental rights, or when a relative who qualifies under the department’s administrative rules for a waiver of the home study requirement is the prospective adoptive parent.
(c) The department shall, subject to ORS 109.270, adopt rules to implement the provisions of this subsection.
(8)(a)(A) Within 90 days after service upon the Director of Human Services as required under ORS 109.285, the Department of Human Services 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 and upon receipt of all required documentation and fees.
(B) Except when the court finds that there is reason to know that the child is an Indian child, the department:
(i) May waive the placement report requirement under this subsection; and
(ii) Shall waive the placement report requirement in an adoption proceeding in which one of the child’s biological parents or adoptive parents retains parental rights.
(b) Upon receipt of a written request by the petitioner or the petitioner’s attorney, the department shall furnish to the petitioner or the petitioner’s attorney copies of any information that the department has filed with the court.
(c) 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 109.301, 109.302 or 109.342.
(d) The court shall file and retain the placement report filed under this subsection in the same location in the records, papers and files in the court’s record of the adoption case as the petition and exhibits filed under ORS 109.285 are located. The placement report must be segregated from the Adoption Summary and Segregated Information Statement and the exhibits submitted under ORS 109.287.
(e) The department shall, subject to ORS 109.270, adopt rules to implement the provisions of this subsection.
(9) The department may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study required under subsection (7) of this section and the placement report required under subsection (8) of this section. 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.
(10) The court may not rule upon a petition for the adoption of a minor child until at least 90 days after the date that the petition and documents required to be served on the Director of Human Services under ORS 109.285 and 109.287 have been served upon the director. The department may waive the 90-day waiting period.
(11) The amounts of any fees collected under subsection (9) of this section are continuously appropriated to the department for use in preparing home studies and placement reports required under this section.
(12)(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:
(A) A petition, including exhibits attached to the petition, meeting the requirements of ORS 109.285;
(B) Written evidence that a home study has been completed and approved, unless waived, under subsection (7) of this section;
(C) A placement report under subsection (8) of this section unless waived; and
(D) The Adoption Summary and Segregated Information Statement under ORS 109.287, including exhibits attached to the statement.
(b) Except when the court finds that there is reason to know that the child is an Indian child, 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.
(13) When the court conducts a hearing under ORS 109.266 to 109.410 regarding the adoption of a minor child, the court shall make the inquiries described in ORS 419B.636 (4)(b) and make a finding and order subject to the procedures under ORS 419B.636 (4) regarding whether there is reason to know that the child is an Indian child. [Formerly 109.309]
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.