Parent and Child Rights and Relationships

ORS 109.092
Obligation to recognize responsibility for conception

  • mother surrendering child for adoption

(1)

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.

(2)

(a)

During the months of pregnancy, the man may join the woman in acknowledging paternity and assuming the rights and duties of expectant parenthood.

(b)

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).

(c)

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).

(3)

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 109.065 (Establishing parentage) (1)(e) or the putative father has not asserted his rights in filiation proceedings, the mother has the right without the consent of the putative father to surrender the child as provided in ORS 418.270 (Surrender of child to child-caring agency) or to consent to the child’s adoption.

(4)

Subsection (3) of this section does not apply if the child is an Indian child. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160 §§13,19; 2017 c.651 §18; 2021 c.398 §43]

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

Source

Last accessed
May 30, 2023

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