Oregon Law
Law as of Jan 1, 2026
Chapter contents
109.001Breast-feeding in public place 109.002Definitions for ORS chapter 109 109.003Attorney fees; intervenor 109.010Duty of support 109.012Liability of parents for expenses and education of children 109.015Proceedings for child support if child receives public assistance 109.020When child’s maintenance and education may be defrayed out of income of own property 109.030Equality in rights and responsibilities of parents 109.035Security required before foreign travel with child 109.040[Repealed by 1953 c.650 §4] 109.041Relationship between adopted child and natural and adoptive parents 109.050Relation of adopted child to adoptive parents 109.053[1979 c.266 §1; 1981 c.614 §1; 1997 c.704 §55; 2003 c.576 §135; renumbered 108.045 in 2005] 109.055[1971 c.703 §1; 1973 c.827 §12e; repealed by 1979 c.266 §3] 109.056Delegation of certain powers by parent or guardian; delegation during period of military service 109.060Legal status and legal relationships when parents not married 109.064Child as party; appointment of attorney 109.065Establishing parentage 109.067Presumption of parentage; challenging presumption 109.070Voluntary acknowledgment of parentage; rescission; challenge 109.072Petition to vacate or set aside parentage determination 109.073Social Security number of parent in parentage order, judgment or declaration 109.075Binding effect of determination of parentage 109.080[1957 c.411 §4; 1959 c.432 §64; repealed by 1975 c.640 §18] 109.082Uniformity of application and construction 109.084Relation to Electronic Signatures in Global and National Commerce Act 109.090Interpretation of ORS 109.060 to 109.090 109.092Obligation to recognize responsibility for conception; surrender of child for adoption 109.094Rights of parent when parentage established; procedure when parentage established 109.096Notice to alleged genetic parent when parentage not established 109.098Objection of alleged genetic parent in proceeding referred to in ORS 109.096; effect of failure to appear and object 109.100Petition for support; effect of judgment; parties 109.103Proceeding to determine custody or support of child 109.105[1969 c.461 §1; renumbered 109.610] 109.110[Amended by 1961 c.338 §1; 1967 c.534 §14; repealed by 1969 c.619 §15] 109.112[1975 c.640 §10; 2025 c.592 §14; renumbered 109.628 in 2025] 109.115[1969 c.271 §2; renumbered 109.620] 109.116Validity of alleged genetic parent’s authorization, release or waiver 109.118Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child 109.119Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention 109.120[Repealed by 1969 c.619 §15] 109.121[1979 c.776 §2; 1983 c.369 §2; 1987 c.810 §2; 1993 c.33 §291; 1999 c.477 §1; 1999 c.569 §7; repealed by 2001 c.873 §2] 109.123[1979 c.776 §3; repealed by 2001 c.873 §2] 109.124Definitions for ORS 109.124 to 109.171 109.125Who may initiate proceedings; petition; timing; parties 109.127Consolidating proceedings 109.130[Amended by 1967 c.534 §15; repealed by 1969 c.619 §15] 109.133[1989 c.479 §2; renumbered 109.672 in 1991] 109.135Circuit court jurisdiction; equity action; place of commencement 109.140[Amended by 1959 c.638 §10; repealed by 1969 c.619 §15] 109.145Court may proceed despite failure to appear; evidence required 109.148Parentage of child conceived by rape 109.150[Amended by 1961 c.338 §2; 1967 c.534 §16; repealed by 1969 c.619 §15] 109.151Adjudicating competing claims of parentage 109.153[1973 c.827 §12g; 1981 c.669 §3; repealed by 1983 c.762 §10] 109.154Temporary child support pending determination of parentage 109.155Hearing; adjudicating parentage of alleged genetic parent; settlement agreements; timing 109.158Vacation or modification of judgment; policy regarding settlement; enforcement of settlement terms; remedies 109.160[Repealed by 1969 c.619 §15] 109.161Determination of legal custody after parentage established 109.165[1969 c.619 §6; 1973 c.827 §12i; 1989 c.812 §8; 1997 c.704 §58; 1997 c.707 §22; 2001 c.203 §8; 2003 c.116 §10; 2003 c.419 §3; 2003 c.576 §141; 2015 c.298 §95; 2021 c.597 §65; 2025 c.592 §34; renumbered 109.158 in 2025] 109.167Notice to Center for Health Statistics after petition filed; filing notice 109.169Legality of contract between parents of child born out of wedlock 109.170[Repealed by 1969 c.619 §15] 109.171Records open to public 109.173Attorney fees 109.175[1983 c.761 §11; 1985 c.671 §42; 1995 c.608 §4; 1999 c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160 §§15,21; 2017 c.651 §25; 2025 c.592 §35; renumbered 109.161 in 2025] 109.180[Repealed by 1969 c.619 §15] 109.181Definitions for ORS 109.181 to 109.203 109.182Scope; limitation on use of genetic testing 109.184Authority to order or deny genetic testing 109.186Standards for genetic testing; recalculation of relationship index 109.188Report of genetic testing 109.189Admissibility of results of genetic testing 109.190[Amended by 1961 c.338 §3; repealed by 1969 c.619 §15] 109.191Genetic testing results; challenge to results 109.193Cost of genetic testing 109.195Additional genetic testing 109.197Genetic testing when specimen not available 109.198Deceased individual 109.200[Amended by 1961 c.338 §4; repealed by 1969 c.619 §15] 109.201Identical siblings 109.203Confidentiality of genetic testing 109.204Applicability to criminal actions for nonsupport 109.206Adjudicating parentage of child of assisted reproduction, other than under surrogacy agreement 109.208Parental status of donor 109.210[Repealed by 1969 c.619 §15] 109.211Consent to assisted reproduction; failure to consent in writing 109.213Limitation on spouse’s dispute of parentage 109.214Effects of certain legal proceedings regarding marriage 109.216Withdrawal of consent 109.218Parental status of deceased individual 109.220[Amended by 1961 c.338 §5; 1969 c.619 §12; repealed by 1979 c.87 §1] 109.222Eligibility to enter gestational surrogacy agreement 109.224Execution of gestational surrogacy agreement 109.225[1975 c.640 §5; 1983 c.709 §40; 1983 c.762 §6; 1991 c.484 §1; 2009 c.595 §69; 2025 c.592 §36; renumbered 109.167 in 2025] 109.226Content of gestational surrogacy agreement 109.228Effect of subsequent change of marital status 109.230[Amended by 1961 c.338 §6; 2025 c.592 §37; renumbered 109.169 in 2025] 109.231[1993 c.138 §2; 2025 c.592 §38; renumbered 109.171 in 2025] 109.232Confidentiality; sealing of court records 109.234Jurisdiction 109.235[1975 c.640 §12; renumbered 109.308 in 2001] 109.236Termination of gestational surrogacy agreement 109.237[1989 c.417 §1; renumbered 109.173 in 2025] 109.238Parentage under gestational surrogacy agreement; challenge when child is alleged to be genetic child of gestational surrogate 109.239[1977 c.686 §5; 2017 c.651 §4; repealed by 2025 c.592 §83] 109.240Parentage of deceased intended parent 109.242Judgment of parentage 109.243[1977 c.686 §6; 2017 c.651 §5; repealed by 2025 c.592 §83] 109.244Effect of gestational surrogacy agreement 109.247[1977 c.686 §7; 2017 c.651 §6; repealed by 2025 c.592 §83] 109.250[1953 c.628 §7; repealed by 2025 c.592 §53] 109.251[1981 c.401 §2; 1995 c.608 §5; 1999 c.80 §24; 2009 c.595 §70; 2017 c.651 §26; repealed by 2025 c.592 §53] 109.252[1953 c.628 §1; 1969 c.619 §13; 1983 c.762 §7; 1985 c.671 §43; 1999 c.80 §25; 2001 c.455 §18; 2007 c.71 §28; 2017 c.651 §27; 2021 c.398 §42; 2025 c.99 §60; repealed by 2025 c.592 §53] 109.254[1953 c.628 §2; 1981 c.401 §3; 1985 c.671 §44; 1999 c.80 §26; 2001 c.455 §19; 2017 c.651 §28; repealed by 2025 c.592 §53] 109.256[1953 c.628 §3; 1983 c.762 §8; 1985 c.671 §44a; repealed by 2025 c.592 §53] 109.258[1953 c.628 §4; 1985 c.671 §44b; 1999 c.80 §27; repealed by 2025 c.592 §53] 109.259[1997 c.746 §24b; 1999 c.80 §88; 2017 c.651 §29; 2025 c.592 §16; renumbered 109.154 in 2025] 109.260[1953 c.628 §5; 2011 c.259 §1; 2025 c.592 §52; renumbered 109.204 in 2025] 109.262[1953 c.628 §6; repealed by 2025 c.592 §53] 109.264[1993 c.596 §23; 2017 c.651 §30; repealed by 2025 c.592 §53] 109.266Definitions for ORS 109.266 to 109.410 109.268Interpretation of adoption laws; agreement for continuing contact 109.270Rules regarding home studies and placement reports 109.272Court required to act within six months of filing of petition for adoption; duty of clerk 109.274Confidentiality of petitioners 109.276Petition for adoption; residency and jurisdictional requirements; venue; home study; placement report; fee; rules; filing requirements for entry of judgment 109.278ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules 109.281Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising 109.283Application for home study by Oregon resident 109.285Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality 109.287Adoption Summary and Segregated Information Statement; exhibits; confidentiality 109.289Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees 109.301Consent to adoption in general 109.302Consent to adoption of Indian child; withdrawal of consent 109.304[1993 c.717 §8; 2013 c.346 §1; 2021 c.398 §10; renumbered 109.266 in 2021] 109.305[1957 c.710 §15; subsections (2), (3) and (4) of 1993 Edition enacted as 1993 c.401 §1; 2003 c.576 §142; 2007 c.720 §1; renumbered 109.268 in 2021] 109.306[2015 c.795 §5; renumbered 109.270 in 2021] 109.307[1965 c.188 §2; 1983 c.369 §3; 1987 c.814 §2; 1993 c.33 §292; 1993 c.546 §117; 2003 c.576 §143; renumbered 109.272 in 2021] 109.308[Formerly 109.235; 2005 c.369 §2; 2021 c.398 §27; renumbered 109.274 in 2021] 109.309[1993 c.717 §2 (enacted in lieu of 109.310); 1993 c.717 §9; 1995 c.90 §3; 1995 c.730 §2; 1997 c.470 §1; 1999 c.160 §2; 1999 c.649 §52; 2003 c.258 §1; 2003 c.576 §144; 2005 c.475 §1; 2013 c.346 §2; 2015 c.511 §7; 2015 c.795 §4; 2021 c.398 §2; renumbered 109.276 in 2021] 109.310[Amended by 1953 c.368 §2; 1957 c.403 §5; 1959 c.430 §3; 1963 c.188 §1; 1967 c.534 §17; 1969 c.441 §1; 1971 c.401 §4; 1977 c.252 §1; 1983 c.302 §1; 1983 c.396 §1; 1985 c.403 §3; 1991 c.249 §14; repealed by 1993 c.717 §1 (109.309 enacted in lieu of 109.310)] 109.311[1985 c.403 §2 (1) to (3); 1987 c.367 §1; 1993 c.717 §4; 1995 c.730 §3; 2003 c.258 §2; 2003 c.576 §145; 2013 c.346 §9; renumbered 109.281 in 2021] 109.312[1957 c.710 §2 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §106; 1983 c.302 §2; 1985 c.565 §10; 1987 c.814 §1; 1991 c.553 §1; 1993 c.717 §6; 2013 c.346 §10; renumbered 109.321 in 2013] 109.313[2011 c.120 §1; renumbered 109.283 in 2021] 109.314[1957 c.710 §3 (109.312 to 109.329 enacted in lieu of 109.320); 2005 c.369 §4; renumbered 109.323 in 2013] 109.315[2013 c.346 §4; 2015 c.511 §1; 2017 c.651 §31; 2021 c.398 §8; renumbered 109.285 in 2021] 109.316[1957 c.710 §4 (109.312 to 109.329 enacted in lieu of 109.320); 1971 c.401 §5; 1987 c.466 §3; 1995 c.664 §82; 2005 c.22 §86; renumbered 109.325 in 2013] 109.317[2013 c.346 §5; 2015 c.511 §2; 2021 c.398 §17; renumbered 109.287 in 2021] 109.318[1957 c.710 §5 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §107; 2005 c.22 §87; renumbered 109.327 in 2013] 109.319[2013 c.346 §6; 2014 c.71 §7; 2015 c.511 §3; 2015 c.512 §3; 2016 c.106 §43; 2021 c.398 §40; renumbered 109.289 in 2021] 109.320[Repealed by 1957 c.710 §1 (109.312 to 109.329 enacted in lieu of 109.320)] 109.321[Formerly 109.312; 2015 c.511 §10; 2017 c.651 §32; 2021 c.398 §21; renumbered 109.301 in 2021] 109.322Consent of parent with mental illness or intellectual disability; consent of imprisoned parent 109.323Consent when custody of child has been awarded in divorce proceedings 109.324Consent when parent has deserted or neglected child 109.325Consent by Department of Human Services or approved child-caring agency of this state 109.326Consent when spouse not parent 109.327Consent by organization located outside Oregon 109.328Consent of child 14 years of age or older 109.329Adoption of person 18 years of age or older or legally married 109.330Notice when parent does not consent; notice when child has no living parent and no guardian or next of kin qualified to appear 109.331Consenting agency disclosure of county and case number of adoption proceeding 109.332Grandparent visitation in stepparent adoption 109.335Appointment of guardian pending further adoption proceedings 109.340[Repealed by 1957 c.412 §2 (7.211 enacted in lieu of 109.340)] 109.342Medical history of child and genetic parents required; content; form 109.345[1961 c.99 §1; 1969 c.198 §56; repealed by 1993 c.717 §11] 109.346Adoption-related counseling for birth parent 109.347Civil action for failure to pay for counseling; attorney fees 109.350Judgment of adoption or readoption 109.353Notice of voluntary adoption registry required before judgment entered; waiver 109.360Change of adopted child’s name 109.370[Amended by 1957 c.403 §7; 1961 c.98 §1; 1969 c.591 §289; repealed by 1993 c.717 §11] 109.380[Repealed by 1959 c.609 §5] 109.381Effect of judgment of adoption 109.382Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress 109.383Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child; waiver of notice; motion to return custody and for restoration of parental rights 109.385Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees 109.390Authority of Department of Human Services or child-caring agency in adoption proceedings 109.400Adoption report form 109.410Certificate of adoption; form; persons eligible to receive certificate; status 109.425Definitions for ORS 109.425 to 109.507 109.430Policy and purpose 109.435Adoption records to be permanently maintained 109.440[1983 c.672 §4; 1995 c.79 §41; 1995 c.730 §9; 2001 c.586 §1; repealed by 2013 c.346 §7] 109.445Information of registry confidential 109.450Child placement agency to maintain registry; Department of Human Services duties 109.455Persons eligible to use registry 109.460Persons eligible to register; information authorized for release; expiration of registration on behalf of minor 109.465Content of affidavit; notice of change in information 109.470Continuing registration by birth parent or alleged genetic parent; reregistration by minor as adult; fee 109.475Processing affidavits; notification of match 109.480Counseling of registrant 109.485Registry information to be maintained permanently 109.490Limits on releasing information 109.495Registrant fee 109.500Genetic, social and health history; availability; fee 109.502Search for birth parents, alleged genetic parent, genetic siblings or county where adoption finalized; who may initiate; information required; fee 109.503Access to adoption records for search; duties of searcher 109.504Effect on subsequent searches when person sought in initial search refuses contact; other restrictions on searches 109.505Support services; adoption and reunion issues 109.506Rulemaking; fees 109.507Access to Department of Human Services records required; access to private agency records discretionary 109.510[Amended by 1973 c.827 §14; 2005 c.22 §91; renumbered 109.621 in 2025] 109.518Definitions for ORS 109.518 to 109.525 109.519Collection of information 109.520[Amended by 1953 c.343 §2; 1957 c.710 §12; 1973 c.827 §15; renumbered 109.625 in 2025] 109.522Disclosure of identifying information and medical history 109.525Recordkeeping 109.550[1977 c.525 §2; 1993 c.33 §293; repealed by 1993 c.546 §141] 109.555[1977 c.525 §3; 1979 c.266 §2; 1993 c.33 §294; repealed by 1993 c.546 §141] 109.560[1977 c.525 §4; 1993 c.33 §295; repealed by 1993 c.546 §141] 109.565[1977 c.525 §5; repealed by 1993 c.546 §141] 109.570Legislative findings 109.572Definitions for ORS 109.570 to 109.580 109.575Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority 109.580Relative caregiver affidavit 109.610[Formerly 109.105; 1977 c.303 §1; 2012 c.26 §5; 2015 c.736 §48; 2019 c.456 §§1,1a; repealed by 2023 c.228 §52] 109.620[Formerly 109.115; repealed by 1973 c.827 §83] 109.621Age of majority 109.625Majority of married persons 109.628Majority of parents 109.630[1971 c.726 §1; 1973 c.454 §1; repealed by 1973 c.827 §83] 109.640Right to reproductive health care, medical treatment or dental treatment without parental consent 109.650Disclosure without minor’s consent and without liability 109.660[1971 c.381 §3; 1973 c.827 §16; repealed by 2023 c.228 §52] 109.670Right to donate blood 109.672Certain persons immune from liability for providing care to minor 109.675Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent 109.680Disclosure by mental health care provider without minor’s consent; civil immunity 109.685Immunity from civil liability for person providing treatment or diagnosis 109.690Parent or guardian not liable for payment under ORS 109.675 109.695Rules for implementation of ORS 109.675 to 109.695 109.697Right to contract for dwelling unit and utilities without parental consent 109.700[1973 c.375 §25; repealed by 1999 c.649 §55] 109.701Short title 109.704Definitions for ORS 109.701 to 109.834 109.707Proceedings governed by other law 109.710[1973 c.375 §2; 1997 c.707 §23; repealed by 1999 c.649 §55] 109.711Application to Indian tribes 109.714International application of ORS 109.701 to 109.834 109.717Effect of child custody determination 109.720[1973 c.375 §§1,23; repealed by 1999 c.649 §55] 109.721Priority 109.724Notice to persons outside state 109.727Appearance and limited immunity 109.730[1973 c.375 §3; repealed by 1999 c.649 §55] 109.731Communication between courts 109.734Taking testimony in another state 109.737Cooperation between courts; preservation of records 109.740[1973 c.375 §4; repealed by 1999 c.649 §55] 109.741Initial child custody jurisdiction 109.744Exclusive, continuing jurisdiction 109.747Jurisdiction to modify determination 109.750[1973 c.375 §5; repealed by 1999 c.649 §55] 109.751Temporary emergency jurisdiction 109.754Notice; opportunity to be heard; joinder 109.757Simultaneous proceedings 109.760[1973 c.375 §6; repealed by 1999 c.649 §55] 109.761Inconvenient forum 109.764Jurisdiction declined by reason of conduct 109.767Information to be submitted to court 109.770[1973 c.375 §7; 1981 c.897 §34; repealed by 1999 c.649 §55] 109.771Appearance of parties and child 109.774Definitions for ORS 109.774 to 109.827 109.777Enforcement under Hague Convention 109.780[1973 c.375 §8; 1981 c.897 §35; repealed by 1999 c.649 §55] 109.781Duty to enforce 109.784Temporary order for parenting time or visitation 109.787Registration of child custody determination; notice; fee; hearing 109.790[1973 c.375 §9; 1997 c.707 §24; repealed by 1999 c.649 §55] 109.791Enforcement of registered determination 109.794Simultaneous proceedings 109.797Expedited enforcement of child custody determination 109.800[1973 c.375 §10; 1997 c.707 §25; repealed by 1999 c.649 §55] 109.801Service of petition and order 109.804Immediate physical custody of child; exceptions; spousal privilege in certain proceedings 109.807Warrant to take physical custody of child 109.810[1973 c.375 §11; repealed by 1999 c.649 §55] 109.811Costs, fees and expenses 109.814Recognition and enforcement 109.817Appeals 109.820[1973 c.375 §12; repealed by 1999 c.649 §55] 109.821Role of district attorney 109.824Role of law enforcement officer 109.827Costs and expenses of district attorney and law enforcement officers 109.830[1973 c.375 §13; repealed by 1999 c.649 §55] 109.831Application and construction 109.834Severability clause 109.840[1973 c.375 §14; repealed by 1999 c.649 §55] 109.850[1973 c.375 §15; 1981 c.897 §36; repealed by 1999 c.649 §55] 109.860[1973 c.375 §16; repealed by 1999 c.649 §55] 109.870[1973 c.375 §17; repealed by 1999 c.649 §55] 109.880[1973 c.375 §18; repealed by 1999 c.649 §55] 109.890[1973 c.375 §19; repealed by 1999 c.649 §55] 109.900[1973 c.375 §20; repealed by 1999 c.649 §55] 109.910[1973 c.375 §21; repealed by 1999 c.649 §55] 109.920[1973 c.375 §22; repealed by 1999 c.649 §55] 109.930[1973 c.375 §24; repealed by 1999 c.649 §55] 109.990Penalty

Chapter 109 — Parent and Child Rights and Relationships

ORS 109.161 Determination of legal custody after parentage established

(1)

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 of filing of the petition or the notice under ORS 25.511, or the parent with physical custody at the time of the filing of the voluntary acknowledgment of parentage, has sole legal custody until a court specifically orders otherwise. The first time the court determines who should have legal custody, neither parent shall have the burden of proving a change of circumstances. The court shall give primary consideration to the best interests and welfare of the child and shall consider all the standards set out in ORS 107.137.

(2)

In any proceeding under this section, the court may cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans under ORS 107.425 (3).

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.