ORS 109.096
Notice to putative father when parentage not established

(1)

When the parentage of a child has not been established under ORS 109.065 (Establishing parentage) or has not been established or acknowledged under ORS 419B.609 (Acknowledgment or establishment of parentage), the putative father is entitled to reasonable notice in adoption or other court proceedings concerning the custody of the child, except for juvenile court proceedings, if the petitioner knows, or by the exercise of ordinary diligence should have known:

(a)

That the child resided with the putative father at any time during the 60 days immediately preceding the initiation of the proceeding, or at any time since the child’s birth if the child is less than 60 days old when the proceeding is initiated; or

(b)

That the putative father repeatedly has contributed or tried to contribute to the support of the child during the year immediately preceding the initiation of the proceeding, or during the period since the child’s birth if the child is less than one year old when the proceeding is initiated.

(2)

Except as provided in subsection (3) or (4) of this section, a verified statement of the mother of the child or of the petitioner, or an affidavit of another person with knowledge of the facts, filed in the proceeding and asserting that the child has not resided with the putative father, as provided in subsection (1)(a) of this section, and that the putative father has not contributed or tried to contribute to the support of the child, as provided in subsection (1)(b) of this section, is sufficient proof to enable the court to grant the relief sought without notice to the putative father.

(3)

The putative father is entitled to reasonable notice in a proceeding for the adoption of the child if notice of the initiation of filiation proceedings as required by ORS 109.225 (Notice to Center for Health Statistics after petition filed) was on file with the Center for Health Statistics of the Oregon Health Authority prior to the child’s being placed in the physical custody of a person or persons for the purpose of adoption by them. If the notice of the initiation of filiation proceedings was not on file at the time of the placement, the putative father is barred from contesting the adoption proceeding.

(4)

Except as otherwise provided in subsection (3) of this section, the putative father is entitled to reasonable notice in court proceedings concerning the custody of the child, other than juvenile court proceedings, if notice of the initiation of filiation proceedings as required by ORS 109.225 (Notice to Center for Health Statistics after petition filed) was on file with the Center for Health Statistics prior to the initiation of the proceedings.

(5)

Notice under this section is not required to be given to a putative father who was a party to a filiation proceeding under ORS 109.125 (Who may initiate proceedings) or to a proceeding to acknowledge or establish parentage of an Indian child under ORS 419B.609 (Acknowledgment or establishment of parentage) that was dismissed or resulted in a finding that he was not the father of the child.

(6)

The notice required under this section shall be given in the manner provided in ORS 109.330 (Notice when parent does not consent).

(7)

No notice given under this section need disclose the name of the mother of the child.

(8)

A putative father has the primary responsibility to protect his rights, and nothing in this section shall be used to set aside an act of a permanent nature including, but not limited to, adoption or termination of parental rights, unless the father establishes within one year after the entry of the final judgment or order fraud on the part of a petitioner in the proceeding with respect to matters specified in subsections (1) to (5) of this section. [1975 c.640 §7; 1979 c.491 §1; 1983 c.709 §39; 1995 c.90 §1; 2003 c.576 §137; 2005 c.160 §5; 2009 c.595 §68; 2017 c.651 §20; 2021 c.398 §44]

Source: Section 109.096 — Notice to putative father when parentage not established, https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html.

Notes of Decisions

If a putative father has not come forward to initiate parent-child relationship, his liberty interest is insufficient to justify procedures necessary to apprise him of adoption proceeding under this section, and motion to dispense with notice of adoption did not violate federal due process rights of putative father. P and P v. CSD, 66 Or App 66, 673 P2d 864 (1983)

Putative father who filed filiation proceeding in another state but did not file notice with Oregon Vital Statistics Unit was not entitled to notice of adoption proceeding. Burns v. Crenshaw, 84 Or App 257, 733 P2d 922 (1987), Sup Ct review denied

Putative father otherwise qualifying for notice is not barred from objecting due to failure to qualify under notice to Vital Statistics Unit provision. Vanlue v. Collins, 98 Or App 140, 779 P2d 163 (1989), Sup Ct review denied, as modified by 99 Or App 469, 782 P2d 951 (1989); Hiskey v. Hamilton, 111 Or App 39, 824 P2d 1170 (1992), Sup Ct review denied

To set aside adoption based on mother’s fraud in adoption proceeding, father must obtain final judgment from trial court regarding mother’s fraud within one year after adoption has become final. Hallford v. Smith, 120 Or App 57, 852 P2d 249 (1993), Sup Ct review denied

Provision for putative father to establish fraud by petitioner “within one year after” entry of final decree or order sets time limit for establishing fraud, but does not require that adoption be finalized before fraud is established. Gruett v. Nesbitt, 172 Or App 113, 17 P3d 1090 (2001), on reconsideration173 Or App 225, 21 P3d 168 (2001)

109.001
Breast-feeding in public place 109.003
Attorney fees 109.010
Duty of support 109.012
Liability of parents for expenses and education of children 109.015
Proceedings for child support if child receives public assistance 109.020
When child’s maintenance and education may be defrayed out of income of own property 109.030
Equality in rights and responsibilities of parents 109.035
Security required before foreign travel with child 109.041
Relationship between adopted child and natural and adoptive parents 109.050
Relation of adopted child to adoptive parents 109.056
Delegation of certain powers by parent or guardian 109.060
Legal status and legal relationships when parents not married 109.065
Establishing parentage 109.070
Presumption of parentage 109.072
Petition to vacate or set aside parentage determination 109.073
Social Security number of parent in paternity order 109.090
Interpretation of ORS 109.060 to 109.090 109.092
Obligation to recognize responsibility for conception 109.094
Rights of parent when parentage established 109.096
Notice to putative father when parentage not established 109.098
Objection of putative father in proceeding referred to in ORS 109.096 109.100
Petition for support 109.103
Proceeding to determine custody or support of child 109.112
Mother, father or putative father deemed to have attained majority 109.116
Validity of putative father’s authorization, release or waiver 109.118
Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child 109.119
Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship 109.124
Definitions for ORS 109.124 to 109.230 109.125
Who may initiate proceedings 109.135
Circuit court jurisdiction 109.145
Court may proceed despite failure to appear 109.155
Hearing 109.165
Vacation or modification of judgment 109.175
Determination of legal custody after parentage established 109.225
Notice to Center for Health Statistics after petition filed 109.230
Legality of contract between mother and father of child born out of wedlock 109.231
Records open to public 109.237
Attorney fees 109.239
Rights and obligations of children resulting from assisted reproduction 109.243
Relationship of child resulting from assisted reproduction to mother’s spouse 109.247
Application of law to children resulting from assisted reproduction 109.250
Short title 109.251
“Blood tests” defined 109.252
Authority for blood test 109.254
Selection of experts to make tests 109.256
Compensation of experts 109.258
Effect of test results 109.259
Temporary child support pending determination of parentage 109.260
Applicability to criminal actions for nonsupport 109.262
Uniformity of interpretation 109.264
Parties 109.266
Definitions for ORS 109.266 to 109.410 109.268
Interpretation of adoption laws 109.270
Rules regarding home studies and placement reports 109.272
Court required to act within six months of filing of petition for adoption 109.274
Confidentiality of petitioners 109.276
Petition for adoption 109.278
ICWA compliance report 109.281
Financial disclosure statement to be filed with petition 109.283
Application for home study by Oregon resident 109.285
Petition for adoption 109.287
Adoption Summary and Segregated Information Statement 109.289
Separate record of the case 109.301
Consent to adoption in general 109.302
Consent to adoption of Indian child 109.322
Consent of parent with mental illness or intellectual disability 109.323
Consent when custody of child has been awarded in divorce proceedings 109.324
Consent when parent has deserted or neglected child 109.325
Consent by Department of Human Services or approved child-caring agency of this state 109.326
Consent when spouse not parent 109.327
Consent by organization located outside Oregon 109.328
Consent of child 14 years of age or older 109.329
Adoption of person 18 years of age or older or legally married 109.330
Notice when parent does not consent 109.331
Consenting agency disclosure of county and case number of adoption proceeding 109.332
Grandparent visitation in stepparent adoption 109.335
Appointment of guardian pending further adoption proceedings 109.342
Medical history of child and biological parents required 109.346
Adoption-related counseling for birth parent 109.347
Civil action for failure to pay for counseling 109.350
Judgment of adoption or readoption 109.353
Notice of voluntary adoption registry required before judgment entered 109.360
Change of adopted child’s name 109.381
Effect of judgment of adoption 109.382
Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress 109.383
Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child 109.385
Readoption proceeding 109.390
Authority of Department of Human Services or child-caring agency in adoption proceedings 109.400
Adoption report form 109.410
Certificate of adoption 109.425
Definitions for ORS 109.425 to 109.507 109.430
Policy and purpose 109.435
Adoption records to be permanently maintained 109.445
Information of registry confidential 109.450
Child placement agency to maintain registry 109.455
Persons eligible to use registry 109.460
Persons eligible to register 109.465
Content of affidavit 109.470
Continuing registration by birth parent or putative father 109.475
Processing affidavits 109.480
Counseling of registrant 109.485
Registry information to be maintained permanently 109.490
Limits on releasing information 109.495
Registrant fee 109.500
Genetic, social and health history 109.502
Search for birth parents, putative father, genetic siblings or county where adoption finalized 109.503
Access to adoption records for search 109.504
Effect on subsequent searches when person sought in initial search refuses contact 109.505
Support services 109.506
Rulemaking 109.507
Access to Department of Human Services records required 109.510
Age of majority 109.520
Majority of married persons 109.570
Legislative findings 109.572
Definitions for ORS 109.570 to 109.580 109.575
Authority of relative caregiver to consent to medical treatment and educational services for minor child 109.580
Relative caregiver affidavit 109.610
Right to care for certain sexually transmitted infections without parental consent 109.640
Right to medical or dental treatment without parental consent 109.650
Disclosure without minor’s consent and without liability 109.660
Construction 109.670
Right to donate blood 109.672
Certain persons immune from liability for providing care to minor 109.675
Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent 109.680
Disclosure by mental health care provider without minor’s consent 109.685
Immunity from civil liability for person providing treatment or diagnosis 109.690
Parent or guardian not liable for payment under ORS 109.675 109.695
Rules for implementation of ORS 109.675 to 109.695 109.697
Right to contract for dwelling unit and utilities without parental consent 109.701
Short title 109.704
Definitions for ORS 109.701 to 109.834 109.707
Proceedings governed by other law 109.711
Application to Indian tribes 109.714
International application of ORS 109.701 to 109.834 109.717
Effect of child custody determination 109.721
Priority 109.724
Notice to persons outside state 109.727
Appearance and limited immunity 109.731
Communication between courts 109.734
Taking testimony in another state 109.737
Cooperation between courts 109.741
Initial child custody jurisdiction 109.744
Exclusive, continuing jurisdiction 109.747
Jurisdiction to modify determination 109.751
Temporary emergency jurisdiction 109.754
Notice 109.757
Simultaneous proceedings 109.761
Inconvenient forum 109.764
Jurisdiction declined by reason of conduct 109.767
Information to be submitted to court 109.771
Appearance of parties and child 109.774
Definitions for ORS 109.774 to 109.827 109.777
Enforcement under Hague Convention 109.781
Duty to enforce 109.784
Temporary order for parenting time or visitation 109.787
Registration of child custody determination 109.791
Enforcement of registered determination 109.794
Simultaneous proceedings 109.797
Expedited enforcement of child custody determination 109.801
Service of petition and order 109.804
Immediate physical custody of child 109.807
Warrant to take physical custody of child 109.811
Costs, fees and expenses 109.814
Recognition and enforcement 109.817
Appeals 109.821
Role of district attorney 109.824
Role of law enforcement officer 109.827
Costs and expenses of district attorney and law enforcement officers 109.831
Application and construction 109.834
Severability clause 109.990
Penalty
Green check means up to date. Up to date

Current through early 2024

§ 109.096’s source at oregon​.gov