ORS 109.041¹
Relationship between adopted child and natural and adoptive parents

(1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and

(a) The adoptive parents of the adopted person, their descendants and kindred, and

(b) The natural parents of the adopted person, their descendants and kindred

shall be the same to all legal intents and purposes after the entry of such judgment as if the adopted person had been born in lawful wedlock to the adoptive parents and had not been born to the natural parents.

(2) When a person has been or shall be adopted in this state by a stepparent, this section shall leave unchanged the relationship, rights and obligations between such adopted person and descendants of the adopted person and natural parent of the adopted person, who is the spouse of the person who adopted the person, and the descendants and kindred of such natural parent. [1953 c.650 §1; 2003 c.576 §134]

Notes of Decisions

This sec­tion and ORS 118.100 (Time for paying tax) (1) must be read in pari ma­te­ri­al and as such deny exemp­tion from collateral inheritance tax to an adopted child who inherits from its natural parent. Barnum v. Dept. of Rev., 5 OTR 508 (1974)

Adop­tion terminates right to inherit as child of natural parent. First Nat'l Bank v. Schwerin, 54 Or App 460, 635 P2d 388 (1981)

Ability of natural grandparent to peti­tion under ORS 109.121 is abolished upon adop­tion of child. Mickey v. Beinhauer, 100 Or App 529, 786 P2d 1317 (1990), Sup Ct review denied

Chapter 109

Law Review Cita­tions

12 WLJ 569-589 (1976)

1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­109.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­109ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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.
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