Oregon Revised Statutes
A woman may breast-feed her child in a public place. 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.
As used in ORS chapter 109: “Acknowledged parent” means an individual who has signed an effective acknowledgment of parentage, as described in ORS 109.070. “Adjudicated parent” means an individual who has been adjudicated to be a parent of a child by a court with jurisdiction. “Alleged genetic parent” means an individual who is alleged to be, or alleges t…
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.
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.
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. This subsection applies to a person who is asserted to be a parent of the minor child only when: A vol…
If public assistance is provided for any dependent child, the administrator may initiate proceedings under ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 25.501 to 25.556 or 419B.400 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…
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 …
The rights and responsibilities of the parents, in the absence of misconduct, are equal, and each parent is as fully entitled to the custody and control of the children and their earnings as the other parent. In case of the death of one parent, the other parent shall come into full and complete control of the children and their estate.
As used in this section: “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. “Foreign country” means any country that: Is not a signatory to the Hague Convention on the Civil Aspects of International Child Abdu…
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 The adoptive parents of the adopted person, their descendants and kindred, and The natural parents of the adopted person, their descendan…
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.
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 c…
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. ESTABLISHING PARENTAGE (Generally)
In a proceeding to adjudicate the parentage of a child, other than a proceeding under ORS chapter 419B, the child is a permissive party to the proceeding if the child has not attained 18 years of age. The court shall appoint an attorney to represent a child who has not attained 18 years of age in a proceeding described in subsection (1) of this section if r…
Parentage may be established between a person and a child by: The person having given birth to the child, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement; An unrebutted presumption of parentage under ORS 109.067; An adjudication of the person’s parentage by judicial proceeding; Adoption of the child by the …
An individual is rebuttably presumed to be the parent of a child if, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement: The individual is married to the parent who gave birth to the child at the time of the child’s birth, without a judgment of separation, regardless of whether the marriage is void; or The indiv…
A parent who gave birth to a child and a child’s alleged genetic parent may establish parentage of the child: By filing with the State Registrar of the Center for Health Statistics a voluntary acknowledgment of parentage form as prescribed by rule under ORS 432.098: On or after the child’s date of birth; or After the child’s date of birth if the child’s p…
As used in this section: “Parentage judgment” means a judgment or administrative order that: Expressly or by inference determines the parentage of a child, or that imposes a child support obligation based on the parentage of a child; and Resulted from a proceeding in which genetic testing was not performed and the issue of parentage was not challenged. “…
Except as otherwise provided in ORS 25.020, the final four digits of the Social Security number of a parent who is subject to a parentage determination pursuant to ORS 25.501 to 25.556 or 109.065 (5) or (7) shall be included in the order, judgment or other declaration establishing parentage. Note: 109.073 was enacted into law by the Legislative Assembly but…
Except as otherwise provided in subsection (2) of this section: A signatory to an acknowledgment of parentage is bound by the acknowledgment as provided in ORS 25.554, 109.070, 109.072 and 432.098; and A parent to an adjudication of parentage by a court acting under circumstances that satisfy the jurisdiction requirements of ORS 110.518 and any individual …
In applying and construing ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform parentage act. Note: 109.082 and 109.084 were enacted into law by the Legislative Assembly but were n…
ORS 109.181 to 109.203, 109.206 to 109.218, 109.222 to 109.244 and 109.518 to 109.525 modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq, but do not modify, limit or supersede 15 U.S.C. 7001(c), or authorize electronic delivery of any notice described in 15 U.S.C. 7003(b). Note: See note under 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. ORS 109.060 to 109.090 shall be liberally construed, with the view of…
When it is determined that a person is pregnant with a child, the person and any individual to whom the pregnant person is not married and with whom the pregnant person engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that the individual may be the other person responsible for the conception. During the m…
Upon the parentage of a child being established in the proceedings, a parent shall have the same rights as a parent who is or was married to the parent who gave birth to the child. The clerk of the court shall certify the fact of parentage to the Center for Health Statistics of the Oregon Health Authority, and the Center for Health Statistics shall amend a r…
When the parentage of a child has not been established under ORS 109.065 or has not been established or acknowledged under ORS 419B.609, the alleged genetic parent 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 o…
If an alleged genetic parent of a child by due appearance in a proceeding of which the alleged genetic parent is entitled to notice under ORS 109.096 objects to the relief sought, the court: May stay the adoption or other court proceeding to await the outcome of the proceeding to adjudicate parentage only if notice of the initiation of the proceeding was on…
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 parents of the child may be found, for an order upon the child’s parent or parents to provide for the child’s support. The child or the administrator may apply for the order by filing…
If a child is born to an unmarried person and parentage has been established under ORS 109.065, or if a child is born to a married person by an individual other than the spouse of the parent who gave birth to the child and parentage between the individual and the child has been established under ORS 109.065, either parent may initiate a civil proceeding to d…
Any authorization, release or waiver given by a child’s alleged genetic parent 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.
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.
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 int…
(Adjudications of Parentage)
As used in ORS 109.124 to 109.171, unless the context requires otherwise: “Child attending school” has the meaning given that term in ORS 107.108. “Child born out of wedlock” means a child born to an unmarried person or to a married person by another person who is not the person’s spouse. “Respondent” may include, but is not limited to, one or more of the…
Except as provided in paragraphs (b) to (d) of this subsection, any of the following may initiate judicial proceedings under ORS 109.124 to 109.171 to adjudicate the parentage of a child: The parent who gave or will give birth to the child, unless a court has adjudicated that person’s nonparentage of the child; The duly appointed and acting guardian of the…
Except as otherwise provided in subsection (2) of this section and subject to mandatory consolidation under ORS 419B.806, the court may consolidate a proceeding to adjudicate parentage of a child with a proceeding for adoption, termination of parental rights, juvenile dependency, child custody or visitation, child support, dissolution, annulment, legal separ…
All judicial proceedings to adjudicate parentage of a child shall be commenced in the circuit court and shall for all purposes be deemed actions in equity. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Civil Procedure, including a proceeding adjudicating parentage that is consolidated wi…
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 adjudicate the respondent’s parentage or nonparentage of the child and may impose such obligations on the respondent as it deems reasonable. In all such cases corroborating evidence in addition to the testimony of th…
As used in this section, “rape” means the commission of an act constituting rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction. A court with jurisdiction to adjudicate a child’s parentage may adjudicate an individual’s nonparentage of the child as provided in this section if: The parent who gave birth to the child pe…
Except as otherwise provided in ORS 109.148, in a proceeding to adjudicate competing claims of, or challenges under ORS 109.067 (3), 109.070 or 109.072 to, parentage of a child by two or more individuals, the court shall adjudicate parentage in the best interest of the child, taking into consideration, at a minimum: The age of the child; The length of time…
Notwithstanding the objections of a party to an order that seeks to establish parentage, parentage of a child may be presumed for the purpose of establishing temporary child support if the person whose parentage is being established is: A presumed parent; Petitioning to be adjudicated a parent; Identified as a genetic parent under ORS 109.191; An alleged…
The court, in a private hearing, shall first determine the issue of parentage. If the respondent admits the parentage, the admission shall be reduced to writing, verified by the respondent and filed with the court. If the parentage is denied, corroborating evidence, in addition to the testimony of the parent who gave birth to the child, shall be required. T…
Upon motion of either party to a judgment entered under ORS 109.155, 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…
If parentage 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 25.501 to 25.556 or 109.124 to 109.171, or if parentage is established by the filing of a voluntary acknowledgment of parentage as provided by ORS 109.065 (5), the parent with physical custody at the time o…
After filing a petition described in ORS 109.125 and 109.135, 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 …
Any contract between a parent who gave birth to a child and the child’s alleged genetic parent is a legal contract, and the admission by the alleged genetic parent of parentage of the child is sufficient consideration to support the contract.
Records of proceedings to adjudicate the parentage of a child’s alleged genetic parent filed in circuit court shall be open for inspection by any person without order of the court.
In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 to 109.171, 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 prepar…
(Genetic Testing)
As used in ORS 109.181 to 109.203: “Combined relationship index” means the product of all tested relationship indices. “Ethnic or racial group” means, for the purpose of genetic testing, a recognized group that an individual identifies as the individual’s ancestry or part of the individual’s ancestry or that is identified by other information. “Hypothesiz…
ORS 109.181 to 109.203 govern genetic testing of an individual in a proceeding to adjudicate parentage, whether the individual: Voluntarily submits to testing; or Is tested under an order of the court or a child support agency. Genetic testing may not be used: Except as provided in ORS 109.238 (3), to challenge the parentage of a child who was conceived …
Except as otherwise provided in ORS 109.181 to 109.203, in a proceeding in this state in which parentage is a relevant fact, the court or the administrator: May order the child and any other individual to submit to genetic testing: Upon the court’s or administrator’s own initiative; At the request of or on behalf of any person whose genetic material is in…
Genetic testing must be of a type reasonably relied on by experts in the field of genetic testing and performed in a testing laboratory accredited by: The Association for the Advancement of Blood and Biotherapies, or a successor to its functions; or An accrediting body designated by the Oregon Health Authority by rule, consistent with any applicable design…
A report of genetic testing must be in writing and signed under penalty of perjury by a designee of the testing laboratory. A report complying with the requirements of ORS 109.181 to 109.203 is self-authenticating. Documentation from a testing laboratory of the following information is sufficient to establish a reliable chain of custody and allow the result…
Except as otherwise provided in ORS 109.182 (2), the court shall admit a report of genetic testing ordered by the court under ORS 109.184 as evidence of the truth of the facts asserted in the report. A party may object to the admission of a report described in subsection (1) of this section, not later than 14 days after the party receives the report. The pa…
An individual is rebuttably presumed to be a genetic parent of a child if genetic testing complies with ORS 109.181 to 109.203 and the results of the testing disclose: The individual has at least a 99 percent probability of parentage, using a prior probability of 0.50, as calculated by using the combined relationship index obtained in the testing; and A co…
Payment of the cost of initial genetic testing must be made: By the Child Support Program if child support enforcement services are being provided under ORS 25.080; By the individual or agency that made the request for genetic testing; As agreed by the parties; or As ordered by the court. If the cost of genetic testing is paid by the Child Support Progr…
The court or the administrator shall order additional genetic testing at the request of an individual who contests the result of the initial testing under ORS 109.191. If initial genetic testing under ORS 109.191 identified an individual as a genetic parent of the child, the court or the administrator may not order additional testing unless the contesting in…
The court may order relatives of an alleged genetic parent to submit specimens for testing if: A genetic testing specimen is not available from the alleged genetic parent; The individual seeking genetic testing demonstrates good cause and the court finds that the circumstances are just; and The court finds that the need for genetic testing outweighs the l…
If an individual seeking genetic testing demonstrates good cause, the court may order genetic testing of a deceased individual.
If the court finds there is reason to believe that an alleged genetic parent has an identical sibling and evidence that the sibling may be a genetic parent of the child, the court may order genetic testing of the sibling. If more than one sibling is identified under ORS 109.191 as a genetic parent of the child, the court may rely on nongenetic evidence to a…
Release of a report of genetic testing for parentage is subject to the privacy protections under ORS 192.531 to 192.549.
ORS 109.181 to 109.203 apply to criminal cases for nonsupport under ORS 163.555 subject to the following limitations and provisions: An order for the tests shall be made only upon application of a party or on the court’s initiative. The compensation of the experts shall be paid by the county in which the proceedings are had under order of court. The court…
Except as provided in subsection (2) of this section, a proceeding under ORS 109.206 to 109.218 to adjudicate the parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement, may be commenced by: An alleged intended parent; The parent who gave birth to the child; or The child’s presumed parent. If the child was conceiv…
A donor is not a parent of a child conceived by assisted reproduction.
An individual’s parentage of a child conceived by assisted reproduction, other than under a surrogacy agreement: Is established by operation of law if: Before, on or after the child’s birth, the individual consents in writing to the assisted reproduction; The writing states that the individual intends to be a parent of the child; and The writing is signe…
The court shall find that an individual who is the presumed parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, is not the parent of the child and that the presumption is rebutted if: The individual provided the gametes used in the assisted reproduction; The individual challenges the presumption within two years fo…
If the marriage of a parent who gave birth to a child conceived by assisted reproduction, other than under a surrogacy agreement, is terminated through dissolution, annulment or legal separation before the transfer that results in a pregnancy, the former spouse of the parent who gave birth to the child conceived by the assisted reproduction is not a parent o…
An individual who consents to assisted reproduction, other than under a surrogacy agreement, may withdraw consent any time before a transfer that results in a pregnancy by giving written notice of the withdrawal of consent to the person who agreed to give birth to a child conceived by the assisted reproduction. An individual who withdraws consent under subs…
If an individual who intends to be a parent of a child conceived by assisted reproduction, other than under a surrogacy agreement, dies during the period between the date of transfer and the birth of the child, the individual’s death does not preclude the establishment of the individual’s parentage of the child in the same manner as if the individual had die…
(Gestational Surrogacy)
An individual may enter into an agreement to act as a gestational surrogate only if the individual: Has attained 21 years of age; Has previously given birth to at least one child; Has completed a medical evaluation related to the surrogacy arrangement and the medical evaluation was conducted by a licensed health care provider; Has completed a mental heal…
A gestational surrogacy agreement must be executed in compliance with the following rules: At least one party must be a resident of this state; The transfer that results in the pregnancy must occur in this state; or The parties must all intend that the child be born in this state. A gestational surrogate and each intended parent must meet the requirement…
A gestational surrogacy agreement must comply with the following requirements: A surrogate agrees to attempt to become pregnant by means of assisted reproduction. The surrogate and the surrogate’s spouse or former spouse, if any, have no claim to parentage of a child conceived by assisted reproduction under the agreement. The surrogate’s spouse, if any, m…
Unless a gestational surrogacy agreement expressly provides otherwise, after the agreement is signed by all of the parties: The subsequent marriage of a surrogate does not affect the validity of the agreement, the consent of the surrogate’s new spouse to the agreement is not required and the surrogate’s new spouse is not a presumed parent of a child conceiv…
A petition and any other document related to a surrogacy agreement filed with the court shall be sealed, exempt from public disclosure under ORS 192.311 to 192.478 and may not be disclosed except: To a party to the proceeding; To a child conceived by assisted reproduction under the agreement; To an attorney of a party to the proceeding or a child conceive…
During the period after the execution of a gestational surrogacy agreement until 90 days after the birth of a child conceived by assisted reproduction under the agreement, a court of this state conducting a proceeding in which the parentage of the child is a relevant fact has exclusive, continuing jurisdiction over all matters arising out of the agreement. N…
A party to a gestational surrogacy agreement may terminate the agreement, at any time before an embryo transfer, by giving written notice of termination to all other parties. If an embryo transfer does not result in a pregnancy, a party may terminate the agreement at any time before a subsequent embryo transfer. Unless a gestational surrogacy agreement prov…
Except as otherwise provided in subsection (3) of this section or ORS 109.240 (2) or 109.244, on birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, each intended parent is, by operation of law, a parent of the child. Except as otherwise provided in subsection (3) of this section or ORS 109.244, neither a gestational…
ORS 109.238 applies to an intended parent even if the intended parent dies during the period between the transfer resulting in a pregnancy and the birth of the child. Except as otherwise provided in ORS 109.244, an intended parent who dies before the transfer resulting in a child conceived by assisted reproduction under a gestational surrogacy agreement is …
Except as otherwise provided in ORS 109.238 (3), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy agreement, a party to the agreement may commence a proceeding in the circuit court for a judgment: Declaring that each intended parent is a parent of the child and ordering that parental rights and duties…
A gestational surrogacy agreement that complies with ORS 109.222 to 109.244 is enforceable. If a child was conceived by assisted reproduction under a gestational surrogacy agreement that does not comply with ORS 109.222 to 109.244, the court shall determine the rights and duties of the parties to the agreement consistent with the intent of the parties at th…
ADOPTION
As used in ORS 109.266 to 109.410, unless the context requires otherwise: “Continued custody” of an Indian child has the meaning described in ORS 419B.606. “Home study” means a written report documenting the result of an assessment conducted by the Department of Human Services, a licensed adoption agency or other public agency to evaluate the suitability o…
The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state. 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. If the child is within the jurisdictio…
Rules adopted by the Department of Human Services for home studies and placement reports under ORS 109.276 (7) and (8) must, at a minimum, require the department to: Consider each prospective adoptive parent on the basis of the prospective adoptive parent’s ability to meet the individual needs of the child for safety, attachment and well-being; Safeguard a…
Not earlier than provided in ORS 109.276 and not later than six months from the date on which the petition for leave to adopt another is filed under ORS 109.276, the court before which the petition is pending shall hold a hearing and shall: Enter a judgment under ORS 109.350; Continue the guardianship or legal custodial status of the child; Waive the chil…
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. The preservation of confidentiality under this section does not relieve the court or any …
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. Except as provided in ORS 419B.529 or 419B.656, a separate petition must be filed for each person for whom leave to adopt is sought. One petitioner, the child, one parent or the person, who is not an adoption agency, consenti…
In a proceeding for the adoption or readoption of a minor child, within 90 days after service of a petition or amended petition upon the Director of Human Services as required under ORS 109.285 or 109.385, the Department of Human Services shall file with the court an ICWA compliance report. The ICWA compliance report must reflect the department’s review of t…
Each adoption petition filed pursuant to ORS 109.276 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 Department of Human Services shall accept and may approve an application for a home study as defined in ORS 109.266 that is submitted by an Oregon resident seeking to adopt a child in the custody of: The department; A public child welfare agency in another state, following receipt of a request from the agency in the other state under the Interstate Com…
A petition for adoption of a minor child must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following: The full name of the petitioner; The state and length of residency in the state of the petitioner and information sufficient to establish that the residency requirement of ORS …
An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for adoption of a minor child filed under ORS 109.276. The statement must summarize information in the adoption proceeding and include additional information and attached exhibits as required under this section. The statement must contain, at a minimum, th…
The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court. The clerk, court administrator and any other person having custody of the records, papers and …
Except as provided in ORS 109.302 to 109.329, consent in writing to the adoption of a minor child pursuant to a petition filed under ORS 109.276 is required to be given by the following: The parents of the child, or the survivor of the parents. The guardian of the child, if the child has no living parent. The next of kin in this state, if the child has no…
As used in this section, “parent” has the meaning given that term in ORS 419B.603. If a petition filed under ORS 109.276 is for the adoption of an Indian child, except as otherwise provided in ORS 109.302 to 109.329, consent in writing to the adoption must be given by the following: The Indian child’s parents, or the survivor of the parents. If the Indian…
If a parent has been adjudged to be a person with mental illness under ORS 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS 427.290, 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 ter…
If the legal custody of the child has been awarded in marital dissolution proceedings, except as provided in ORS 109.330 (8) if the child is an Indian child, 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 …
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 …
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: Surrendered to it for the purpose of adoption under ORS 418.270 if compliance is had with the provisions of that section; Permanently committed to it by order of a court of competent jurisdiction; …
If a parent who gave birth to a child was married at the time of the conception or birth of the child, and the spouse of the parent who gave birth to the child is adjudicated not to be the parent of the child, the spouse’s authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child. If parenta…
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 execu…
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.
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. In …
In the cases provided for in ORS 109.302, 109.322, 109.323 and 109.324, when a parent does not consent to the adoption of the child, the petitioner shall: Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and Serve the parent with a summons and a true copy of a motion…
The Department of Human Services or an approved child-caring agency of this state that has consented to the adoption of a child under ORS 109.325 shall, upon request and if available, disclose the county in which the adoption was finalized and the case number of the adoption proceeding to: An adult adoptee; A birth parent who has consented to the adoption …
When a petition has been filed under ORS 109.276 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.285 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 late…
Notwithstanding the provisions of ORS chapter 125 that relate to the appointment of a guardian, when a petition is filed pursuant to ORS 109.276 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 …
Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the genetic parents as complete as possible under the circumstances. When possible, the medical history shall include, but need not be limited to: A medical history of the adoptee from birth up to the time of adoption, including disease,…
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 chil…
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 t…
If, upon a petition for adoption or readoption 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, and that it is fit and proper that s…
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 inf…
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 the name without the notice required by ORS 33.420.
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 p…
A petition to vacate a judgment of adoption of an Indian child under ORS 109.350 or 419B.529 may be filed in a state or local court of competent jurisdiction by a parent who consented to the adoption. Upon the filing of a petition under this section, the court shall set a time for a hearing on the petition and provide notice of the petition and hearing to e…
As used in this section: “Former parent” means a person who was previously the legal parent of an Indian child subject to a judgment of adoption under ORS 109.350 or 419B.529 and whose parental rights have not been restored under ORS 109.382 to 419B.652. “Prior Indian custodian” means a person who was an Indian child’s Indian custodian before entry of a ju…
As used in this section, “readoption” means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state. An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one o…
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: If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child. Appear in court where a proceeding for the adoption of the child is pending. Give or withhold…
When a petition for adoption is filed with a court, the petitioner or the petitioner’s attorney shall file with the petition an adoption report form as provided in ORS 432.223. Notwithstanding ORS 109.289, 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 remaini…
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: ____________________…
As used in ORS 109.425 to 109.507: “Adoptee” means a person who has been adopted in the State of Oregon. “Adoption” means the judicial act of creating the relationship of parent and child where it did not exist previously. “Adoptive parent” means an adult who has become a parent of a child through adoption. “Adult” means a person 18 years of age or older…
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 persons wh…
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. 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 t…
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. A class action suit shall not be maintained in any court of this state to require the registry to disclose identifying information. Note: See note under 109.425.
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. The Department of Human Services shall establish, maintain and operate the registry for all adoptions not arranged through …
Only a birth parent, adult adoptee, adult genetic sibling of an adoptee, parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, adoptive parent of a deceased adoptee and parents or adult siblings of a deceased birth parent may use the registry for obtaining identifying information about birth parents, alleged genetic parents, adop…
An adult adoptee, a birth parent, an alleged genetic parent, an adult genetic sibling of an adoptee, a parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling of a deceased birth parent may register with a registry by submitting a signed affidavit to the appropr…
The affidavit required under ORS 109.460 shall contain: The current name and address of the registrant and, where the registrant is the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, the current name and address of the minor adoptee or sibling; Any previous name by which the registrant and, where applicable, the minor, w…
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. When an adoptee reaches age 18, an alleged genetic parent of the adoptee, if the alleged genetic parent regi…
Upon receipt of the affidavit under ORS 109.460, the registry shall process each affidavit in an attempt to match the adoptee, the birth parent, the alleged genetic parent, the genetic siblings, the progeny of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee, the adoptive parent of a deceased adoptee or th…
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 with a person employed or approved by the registry. The counseling required under subsection (1) of this section shall place an emphasis on an evaluation of the need for an…
Any affidavits filed and other information collected by a registry shall be permanently maintained. Note: See note under 109.425.
A registry shall release only information necessary for identifying a birth parent, an alleged genetic parent, an adult adoptee, an adult genetic sibling, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee, or the county in which an adoption w…
Costs of establishing and maintaining a registry may be met through reasonable fees charged to all persons who register. Note: See note under 109.425.
A genetic and social history and health history which excludes information identifying any birth parent or alleged genetic parent, member of a birth parent’s or alleged genetic parent’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: The adoptive parents of the …
An adult adoptee or the adoptive parent of a minor or deceased adoptee may request the Department of Human Services or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for the adoptee’s birth parents, alleged genetic parent or, except as otherwise provided in ORS 109.504 (2), for the adoptee’s genetic siblings, or for the…
When the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to whom the department or agency has delegated, or with whom the department or agency has contracted, to conduct searches under ORS 109.502 is requested to conduct a search under ORS 109.502, the department, agency or third party individual or enti…
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 alleged genetic parent not previously cont…
Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided: By the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to all persons requesting a search under ORS 109.502; and By the department, an Oregon licensed adoption agency or a third pa…
The Department of Human Services by rule shall establish: Eligibility standards for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502; Standards of conduct for Oregon licensed adoption agencies and third party individu…
The Department of Human Services shall allow an Oregon licensed adoption agency or a third party individual or entity with whom the department or agency has contracted to examine confidential adoption records maintained by the department as part of a search conducted under ORS 109.502. A private adoption agency may allow the department, an Oregon licensed a…
DONOR REGISTRY
As used in ORS 109.518 to 109.525: “Assisted reproduction” has the meaning given that term in ORS 109.002. “Donor” has the meaning given that term in ORS 109.002. “Gametes” has the meaning given that term in ORS 109.002. “Identifying information” means: The full name of a donor; The date of birth of the donor; and The permanent and, if different, curr…
A gamete bank or fertility clinic providing services in this state shall collect from a donor the donor’s identifying information and medical history at the time of the donation. A gamete bank or fertility clinic providing services in this state which receives gametes of a donor collected by another gamete bank or fertility clinic shall collect the name, ad…
On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic providing services in this state which collected the gametes used in the assisted reproduction shall provide the child with identifying information of the donor who provided the gametes. Regardless whether a child made a request under subs…
A gamete bank or fertility clinic providing services in this state that collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor. The gamete bank or fertility clinic shall maintain records of gamete screening and testing and comply with reporting requirements under state or federal l…
RELATIVE CAREGIVERS
The Legislative Assembly finds that: Current economic and cultural circumstances are such that relatives of minor children are playing an increasing role in ensuring the health, safety and education of minor children who, for many reasons, cannot live with and are not being cared for by their parents or guardians, and for whom legal proceedings have not bee…
As used in ORS 109.570 to 109.580: “Educational services” means enrollment of a minor child in a school to which the minor child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities. “Health care facility” means any facility that provides medical treatment. “Health care provider” mean…
A relative caregiver acting pursuant to an affidavit under ORS 109.580 may consent to medical treatment and educational services for a minor child that a minor child cannot otherwise legally consent to if, after reasonable efforts have been made to obtain the consent of the legal parent or guardian to the treatment or services, the consent of the legal paren…
A relative caregiver affidavit given to a health care provider or school is invalid unless it is signed and contains, at a minimum, the following information: The name of the minor child; The minor child’s date of birth; The relative caregiver’s name and date of birth and the address at which the relative caregiver lives with the minor child; The relatio…
ATTAINING MAJORITY
Except as provided in ORS 109.625, in this state any person shall be deemed to have arrived at majority at the age of 18 years, and thereafter shall: Have control of the person’s own actions and business; and Have all the rights and be subject to all the liabilities of a citizen of full age.
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.
The parent who gave birth to a child and the child’s presumed parent, adjudicated parent, acknowledged parent or alleged genetic parent shall be deemed to have attained majority. Regardless of age, the parent who gave birth to a child or the child’s alleged genetic parent may acknowledge parentage as provided in ORS 109.070. Regardless of age, the parent w…
RIGHTS OF MINORS
As used in this section, “reproductive health care” has the meaning given that term in ORS 435.190, except that “reproductive health care” does not include the elective sterilization of a minor under 15 years of age. As used in this subsection, “health care provider” means a physician, physician associate licensed under ORS 677.505 to 677.525, nurse practit…
A hospital or a physician, physician associate, nurse practitioner, naturopathic physician, 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…
Any person 16 years of age or over may donate blood to any blood program without obtaining permission of a parent or guardian. 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. Note: 109.6…
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 o…
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 or physician associate licensed by the Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse pract…
As used in this section, “mental health care provider” means a physician or physician associate licensed by the Oregon Medical Board, psychologist licensed by the Oregon Board of Psychology, nurse practitioner registered by the Oregon State Board of Nursing, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family ther…
A physician, physician associate, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program described in OR…
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.
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 …
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 contract…
UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (General Provisions)
ORS 109.701 to 109.834 may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. 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.
As used in ORS 109.701 to 109.834: “Abandoned” means left without provision for reasonable and necessary care or supervision. “Child” means an individual who has not attained 18 years of age. “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…
ORS 109.701 to 109.834 do not govern a proceeding pertaining to the authorization of emergency medical care for a child. Note: See note under 109.701.
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. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applyi…
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. 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 O…
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 perso…
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. Note: See note under 109.701.
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 effectiv…
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…
A court of this state may communicate with a court in another state concerning a proceeding arising under ORS 109.701 to 109.834. 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 ju…
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 court of this state may request the appropriate court of another state to: Hold an evidentiary hearing; Order a person to produce or give evidence pursuant to procedures of that state; Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; Forward to the court of this state a certified copy of the tran…
(Jurisdiction)
Except as otherwise provided in ORS 109.751, a court of this state has jurisdiction to make an initial child custody determination only if: 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 th…
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 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 …
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: The court of the other state determines that it no longer has exclusive, continuing jurisdiction u…
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. If there is no previous child custody determination that is…
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 …
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, un…
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 t…
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: The parents and all persons acting as parents have…
In a child custody proceeding, each party, in its first pleading or in an attached affidavit or declaration under penalty of perjury in the form required by ORCP 1 E, shall give information, if reasonably ascertainable, 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 …
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. If a party to a child custody proceeding w…
As used in ORS 109.774 to 109.827: “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. “Respondent” means a person against whom a proceeding has been commenced for enforcement of an order for retu…
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. Note: See note under 109.701.
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…
In a child custody enforcement proceeding authorized by law: A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: A parenting time or visitation schedule made by a court of another state; or The visitation or parenting time provisions of a child custody determination of anothe…
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 letter or other document requesting registration; The filing fee established under ORS 21.145; One certified copy of the determination sought to be regist…
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. 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…
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 cour…
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. A petition for enforcement of a child custody determination must state: Whether the court th…
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. Note: See note under 109.701.
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: The child custody …
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. If the court, upon the testimony of the petitioner or other wi…
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 ar…
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. Note: See note under 109.70…
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. Note: See note under 109.701.
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 cust…
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. Note: See note under 109.701.
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. Note: See note under 109.701.
(Miscellaneous Provisions)
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. Note: See note under 109.701.
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. Note: See note un…
PENALTY
A person who violates ORS 109.281 (3) or who submits a false statement under ORS 109.281 (1) commits a Class C felony. A person who violates any provision of ORS 109.281 (4) or 109.502 to 109.507 or any rule adopted pursuant to ORS 109.506 commits a Class A misdemeanor. Note: See note under 109.425. _______________