2011 ORS § 109.324¹
Consent when parent has deserted or neglected child

(1) 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 (Notice to nonconsenting parent), shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parents consent.

(2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (Notice to nonconsenting parent) (3), if the court finds that the parent has 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, the consent of the parent at the discretion of the court is not required and, if the court determines that the parents consent is not required, the court may proceed regardless of the objection of the parent.

(3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may:

(a) Disregard incidental visitations, communications and contributions; and

(b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.

(4) This section does not apply when consent is given in loco parentis under ORS 109.316 (Consent by Department of Human Services or approved child-caring agency of this state) or 109.318 (Consent by organization located outside Oregon). [1957 c.710 §7 (109.312 (Consent to adoption) to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 2003 c.576 §147; 2003 c.579 §1; 2005 c.369 §6]