ORS 109.302 Consent to adoption of Indian child; withdrawal of consent

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 child has no living parent, the Indian child’s guardian or Indian custodian.

If the Indian child has no living parent, guardian or Indian custodian, the next of kin in this state.

Consent under this section is valid only as to the person giving consent.

If both of the Indian child’s parents are living but only one of the Indian child’s parents consents to the adoption:

The petitioner must demonstrate to the court that the petitioner has made active efforts, as described in ORS 419B.645, to prevent the break up of the family or to reunite the family;

The petitioner, in accordance with ORS 109.330, shall serve on the nonconsenting parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the nonconsenting parent’s consent; and

The objections of the nonconsenting parent, if any, must be heard if appearance is made.

An Indian child’s parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child’s birth by executing the consent in person before the court and filing the consent with the court.

The consent must clearly set out the conditions to the consent, if any.

Prior to the execution of a parent’s consent under subsection (3) of this section, the court must explain to the parent on the record in detail and in the language of the parent:

The right to legal counsel;

The terms and consequences of the consent in detail; and

That at any time prior to the entry of the judgment of adoption or readoption under ORS 109.350 the parent may withdraw consent for any reason and have the child returned.

After the execution of a parent’s consent under subsection (3) of this section, the court shall certify that the court made the explanation under paragraph (a) of this subsection and that the parent fully understood the explanation.

At any time prior to the entry of a judgment of adoption or readoption under ORS 109.350, an Indian child’s parent may withdraw the parent’s consent under this section.

The withdrawal of consent must be made by filing the written withdrawal with the court or by making a statement of withdrawal on the record in the adoption proceeding.

Upon entry of the withdrawal of consent, the court must promptly notify the person or entity that arranged the adoptive placement and order that the Indian child be returned to the parent or Indian custodian as soon as practicable.

This section does not apply when consent is given in loco parentis under ORS 109.325 or 109.327.