Consent to adoption
(1) Except as provided in ORS 109.323 (Consent when custody of child has been awarded in divorce proceedings) to 109.329 (Adoption of person 18 years of age or older or legally married), consent in writing to the adoption of a minor child pursuant to a petition filed under ORS 109.309 (Petition for adoption) is required to be given by the following:
(a) The parents of the child, or the survivor of them.
(b) The guardian of the child, if the child has no living parent.
(c) The next of kin in this state, if the child has no living parent and no guardian.
(d) Some suitable person appointed by the court to act in the proceeding as next friend of the child to give or withhold consent, if the child has no living parent and no guardian or next of kin qualified to consent.
(2)(a) A person who gives consent to adoption under subsection (1) of this section may agree concurrently or subsequently to the giving of such consent that the consent shall be or become irrevocable, and may waive such person’s right to a personal appearance in court, by a duly signed and attested certificate. The certificate of irrevocability and waiver shall be in effect when the following are completed:
(A) The child is placed for the purpose of adoption in the physical custody of the person or persons to whom the consent is given;
(B) The person or persons to whom consent for adoption is given have filed a petition to adopt the child in a court of competent jurisdiction;
(C) The court has entered an order appointing the petitioner or some other suitable person as guardian of the child pursuant to ORS 109.335 (Appointment of guardian pending further adoption proceedings);
(D) The Department of Human Services, an Oregon licensed adoption agency or an attorney who is representing the adoptive parents has filed either a department or an Oregon licensed adoption agency home study with the court approving the petitioner or petitioners as potential adoptive parents or the department has notified the court that the filing of such study has been waived;
(E) Information about the child’s social, medical and genetic history required in ORS 109.342 (Medical history of child and biological parents required) has been provided to an attorney or the department or an Oregon licensed adoption agency by the person giving consent to the adoption; and
(F) The person signing the certificate of irrevocability and waiver has been given an explanation by an attorney who represents the person and who does not also represent the adoptive family, by the department or by an Oregon licensed adoption agency of the consequences of signing the certificate.
(b) Upon the fulfillment of the conditions in paragraph (a) of this subsection, the consent for adoption may not be revoked unless fraud or duress is proved with respect to any material fact.
(3) Consent to the adoption of an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) shall not be valid unless the requirements of the Indian Child Welfare Act are met. In accordance with the Indian Child Welfare Act, a certificate of irrevocability is not valid for the adoption of an Indian child. [Formerly 109.312; 2015 c.511 §10]
Note: See note under 109.315 (Petition for adoption).
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.