ORS 109.092¹
Establishing paternity by acknowledgment
  • mother surrendering child for adoption

When it is determined that a woman is pregnant with a child, the woman and any man to whom she is not married and with whom she engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that the man may be the other person responsible for the conception. During the months of pregnancy, the man may join the woman in acknowledging paternity and assuming the rights and duties of expectant parenthood. If the man acknowledges paternity of the expected child and the woman denies that he is the father or refuses to join him in acknowledging paternity, the man may seek relief under ORS 109.125 (Who may initiate proceedings). If the woman wants the man to join her in acknowledging his paternity of the expected child and the man denies that he is the father or refuses to join her in acknowledging paternity, the woman may seek relief under ORS 109.125 (Who may initiate proceedings). If after the birth of the child the mother decides to surrender the child for adoption and paternity has not been acknowledged as provided in ORS 109.070 (Establishing paternity) (1)(e) or the putative father has not asserted his rights in filiation proceedings, the mother has the right without the consent of the father to surrender the child as provided in ORS 418.270 (Surrender of child to private child-caring agency) or to consent to the child’s adoption. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160 §§13,19]

Notes of Decisions

Where filia­tion pro­ceed­ing was filed in an­oth­er state, but notice of pro­ceed­ing had not been given to Oregon Vital Statistics Unit at time of adop­tion pro­ceed­ing, putative father was barred from contesting adop­tion pro­ceed­ing. Hylland v. Doe, 126 Or App 86, 867 P2d 551 (1994), 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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