Petition for adoption
- • residency and jurisdictional requirements
- • venue
- • home study
- • placement report
- • fee
- • rules
- • filing requirements for entry of judgment
(1) Any person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other persons name. Except as provided in ORS 419B.529 (Adoption after permanent commitment or surrender), a separate petition must be filed for each person for whom leave to adopt is sought.
(2) One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.321 (Consent to adoption) (1) must be a resident of this state. As used in this subsection, resident means a person who has resided in this state continuously for a period of six months prior to the date of the petition.
(3) Except as provided in subsection (4) of this section, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 (Short title) to 109.834 (Severability clause).
(4)(a) Notwithstanding ORS 109.741 (Initial child custody jurisdiction) and 109.744 (Exclusive, continuing jurisdiction), a court of this state has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption:
(A) The minor child resided in this state for at least six consecutive months including periods of temporary absence;
(B) One parent or another person, who is not an adoption agency, consenting to the adoption as required under ORS 109.321 (Consent to adoption) (1) resided in this state for at least six consecutive months including periods of temporary absence;
(C) The prospective adoptive parent resided in this state for at least six consecutive months including periods of temporary absence and substantial evidence is available in this state concerning the present or future care of the minor child;
(D) It appears that no court of another state would have jurisdiction under circumstances substantially in accordance with subparagraphs (A) to (C) of this paragraph; or
(E) A court of another state has declined to exercise jurisdiction on the grounds that this state is a more appropriate forum to hear a petition for adoption of the minor child and it is in the best interests of the minor child that a court of this state assume jurisdiction.
(b) As used in paragraph (a) of this subsection, periods of temporary absence means periods of absence of not more than a total of 30 days in the prior six consecutive months.
(5) In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located.
(6) A petition for adoption of a minor child must comply with the requirements, and be served in the manner, described in ORS 109.315 (Petition for adoption).
(7)(a) In a proceeding for the adoption of a minor child, a current home study must be approved by either the Department of Human Services or an Oregon licensed adoption agency for the purpose of demonstrating that the petitioner meets the minimum standards for adoptive homes as set forth in the departments administrative rules.
(b) The department, upon request by the petitioner, may waive the home study requirement in an adoption proceeding in which one of the childs biological parents or adoptive parents retains parental rights, or when a relative who qualifies under the departments administrative rules for a waiver of the home study requirement is the prospective adoptive parent.
(c) The department shall, subject to ORS 109.306 (Rules regarding home studies and placement reports), adopt rules to implement the provisions of this subsection.
(8)(a) Within 90 days after service upon the Director of Human Services as required under ORS 109.315 (Petition for adoption), the Department of Human Services shall investigate and file for the consideration of the judge before whom the petition for adoption is pending a placement report containing information regarding the status of the child and evidence concerning the suitability of the proposed adoption. The department may designate an Oregon licensed adoption agency to investigate and report to the court. If the department designates an Oregon licensed adoption agency to investigate and report to the court, the department shall make the designation and provide all necessary information and materials to the Oregon licensed adoption agency no later than 30 days after the service on the director and upon receipt of all required documentation and fees. The department may waive the placement report requirement under this subsection but shall waive the placement report requirement in an adoption proceeding in which one of the childs biological parents or adoptive parents retains parental rights.
(b) Upon receipt of a written request by the petitioner or the petitioners attorney, the department shall furnish to the petitioner or the petitioners attorney copies of any information that the department has filed with the court.
(c) Information gathered by the department or by an Oregon licensed adoption agency during the preparation of the placement report may include information concerning the childs social, medical and genetic history and the birth parents history as may be required by ORS 109.321 (Consent to adoption) or 109.342 (Medical history of child and biological parents required).
(d) The court shall file and retain the placement report filed under this subsection in the same location in the records, papers and files in the courts record of the adoption case as the petition and exhibits filed under ORS 109.315 (Petition for adoption) are located. The placement report must be segregated from the Adoption Summary and Segregated Information Statement and the exhibits submitted under ORS 109.317 (Adoption Summary and Segregated Information Statement).
(e) The department shall, subject to ORS 109.306 (Rules regarding home studies and placement reports), adopt rules to implement the provisions of this subsection.
(9) The department may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study required under subsection (7) of this section and the placement report required under subsection (8) of this section. The petitioner shall report the fee amount to the court. The court granting the adoption shall make a finding as to whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for investigation, home study and placement report preparation. The department shall prescribe by rule the procedure for computing the investigation, home study and placement report preparation fee. The rules shall provide a waiver of either part or all of the fee based upon the petitioners ability to pay.
(10) The court may not rule upon a petition for the adoption of a minor child until at least 90 days after the date that the petition and documents required to be served on the Director of Human Services under ORS 109.315 (Petition for adoption) and 109.317 (Adoption Summary and Segregated Information Statement) have been served upon the director. The department may waive the 90-day waiting period.
(11) The amounts of any fees collected under subsection (9) of this section are continuously appropriated to the department for use in preparing home studies and placement reports required under this section.
(12)(a) Except as provided in paragraph (b) of this subsection, a court may not grant a judgment for the adoption of a minor child unless the petitioner has filed with the court:
(A) A petition, including exhibits attached to the petition, meeting the requirements of ORS 109.315 (Petition for adoption);
(B) Written evidence that a home study has been completed and approved, unless waived, under subsection (7) of this section;
(C) A placement report under subsection (8) of this section unless waived; and
(D) The Adoption Summary and Segregated Information Statement under ORS 109.317 (Adoption Summary and Segregated Information Statement), including exhibits attached to the statement.
(b) A person is not required to file a home study or a placement report with the court when the department has granted the person a waiver under department rules.
(13) The adoption shall comply with the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), if applicable. [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]
Note: See first note under 109.306 (Rules regarding home studies and placement reports).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.