ORS 109.289
Separate record of the case

  • sealing of adoption records
  • inspection, copying and disclosure
  • fees

(1)

The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court.

(2)

The clerk, court administrator and any other person having custody of the records, papers and files in the court’s record of an adoption case shall cause the records, papers and files, both prior to entry of judgment and after entry of judgment of adoption, to be sealed. The clerk, court administrator and any other person having custody of the records, papers and files shall not unseal or allow inspection or copying of or disclose any information in the records, papers and files to any person or entity, except as provided in this section or pursuant to ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) or 109.425 (Definitions for ORS 109.425 to 109.507) to 109.507 (Access to Department of Human Services records required).

(3)

Prior to entry of judgment in an adoption proceeding, and after entry of judgment in an adoption proceeding but prior to the minor child who is the subject of the adoption proceeding attaining 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court’s record of an adoption case without a court order:

(a)

Presiding judges and judges of the court operating under the Judicial Department, and court staff or other persons operating under the direction of the presiding judges or judges;

(b)

Petitioners and their attorneys of record;

(c)

The Department of Human Services; and

(d)

If the minor child is an Indian child, the Indian child’s tribe and the United States Secretary of the Interior.

(4)

After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the court’s record of the adoption case without a court order:

(a)

Judges of the court operating under the Judicial Department and court staff or other persons operating under the direction of the judges;

(b)

The person who was the minor child in the adoption proceeding, except that the person who was the minor child in the adoption proceeding may not inspect or copy the home study approved under ORS 109.276 (Petition for adoption) (7) except pursuant to a court order and with good cause;

(c)

Petitioners and their attorneys of record;

(d)

The Department of Human Services; and

(e)

If the minor child was an Indian child, the Indian child’s tribe and the United States Secretary of the Interior.

(5)

Intentionally left blank —Ed.

(a)

After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, an individual whose consent for the adoption is required under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) may file a motion with the court to inspect and copy sealed records, papers and files that are maintained in the court’s record of the adoption case.

(b)

Except as provided in paragraph (c) of this subsection, the court shall grant the motion except for good cause but must exclude from inspection and copying:

(A)

For adoption cases filed on or after January 1, 2014:
(i)
The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.287 (Adoption Summary and Segregated Information Statement); and
(ii)
Exhibits described in ORS 109.287 (Adoption Summary and Segregated Information Statement) (2) that are contained in the court’s record of the adoption case.

(B)

For adoption cases filed before January 1, 2014:
(i)
Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767 (Information to be submitted to court);
(ii)
A home study;
(iii)
A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 (Reports of adoption) or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted;
(iv)
A medical history described in ORS 109.342 (Medical history of child and biological parents required) or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the biological parents; and
(v)
Addresses, phone numbers and Social Security numbers of persons or entities described in ORS 109.287 (Adoption Summary and Segregated Information Statement) (1)(a) to (d) that are contained in the court’s record of the adoption case.

(c)

If the Department of Human Services consented or has the authority to consent to the adoption of a minor child under ORS 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) or 419B.529 (Adoption after permanent commitment or surrender):

(A)

A parent who has signed a release and surrender to the department under ORS 418.270 (Surrender of child to child-caring agency), that was accepted by the department, or whose parental rights were terminated under ORS 419B.500 (Termination of parental rights generally) and 419B.502 (Termination upon finding of extreme conduct) to 419B.524 (Effect of termination order), may file a motion with the court to inspect or copy sealed records, papers and files that are maintained in the court’s record of the adoption case but may not be granted the right to inspect or copy:
(i)
For adoption cases filed on or after January 1, 2014:

(I)

The Adoption Summary and Segregated Information Statement filed in accordance with ORS 109.287 (Adoption Summary and Segregated Information Statement); and

(II)

Exhibits described in ORS 109.287 (Adoption Summary and Segregated Information Statement) (2) that are contained in the court’s record of the adoption case.
(ii)
For adoption cases filed before January 1, 2014:

(I)

Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767 (Information to be submitted to court);

(II)

A home study;

(III)

A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 (Reports of adoption) or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted; and

(IV)

A medical history described in ORS 109.342 (Medical history of child and biological parents required) or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the biological parents.

(B)

Intentionally left blank —Ed.
(i)
The court may grant the motion for good cause. The name, address, phone number, Social Security number or other identifying information of any individual or entity contained in the records, papers and files must be redacted and may not be disclosed as part of the inspection or copying allowed under this paragraph.
(ii)
Notwithstanding sub-subparagraph (i) of this subparagraph, the name of the parent filing the motion and the name, bar number and contact information for any attorney of record in the case may be disclosed as part of the inspection or copying allowed under this paragraph.

(d)

The fee imposed and collected by the court for the filing of a motion under this subsection by the birth parent of an adult adoptee shall be in accordance with ORS 21.145 (Simple proceeding filing fee), except that a fee may not be imposed or collected for a motion filed under this subsection for adoptions where the Department of Human Services consented to the adoption under ORS 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) or 419B.529 (Adoption after permanent commitment or surrender).

(6)

Except as provided in subsection (5)(c) of this section, an individual or entity that signed a record, paper or document in a file contained in the court’s record of the adoption case is entitled to inspect and obtain a copy of that record, paper or document without a court order. The signature and name of any other individual or entity on the same record, paper or document must be redacted or otherwise not disclosed as part of the inspection and copying permitted under this subsection.

(7)

Intentionally left blank —Ed.

(a)

Any documents, writings, information and other records retained by the Department of Human Services or a child-caring agency as defined in ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) in the department’s or agency’s record of an adoption case that are not records, papers and files in the court’s record of the adoption case are confidential and must be sealed. Any records, documents or information, including records, papers and files in the court’s record of the adoption case, retained by the department or agency in its record of an adoption case may be accessed, used or disclosed only as provided in this section or ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) or 109.425 (Definitions for ORS 109.425 to 109.507) to 109.507 (Access to Department of Human Services records required), or pursuant to a court order for good cause.

(b)

The department or agency may, without a court order, access, use or disclose any records, documents or information retained by the department or agency in its record of an adoption case, including records, papers and files in the court’s record of an adoption case that are in the possession of the department or the agency for the purpose of providing adoption services or the administration of child welfare services that the department or agency is authorized to provide under applicable federal or state law.

(8)

Except as otherwise provided in this section, a court may grant a motion and enter an order allowing inspection, copying or other disclosure of records, papers and files that are maintained in the court’s record of an adoption case for good cause.

(9)

Nothing contained in this section shall prevent the clerk or court administrator from certifying or providing copies of a judgment of adoption to the petitioner in an adoption proceeding, to the petitioner’s attorney of record or to the Department of Human Services.

(10)

The provisions of this section do not apply to the disclosure of information under ORS 109.425 (Definitions for ORS 109.425 to 109.507) to 109.507 (Access to Department of Human Services records required).

(11)

Except as provided in subsection (5)(d) of this section, the court may impose and collect fees for copies and services provided under this section, including but not limited to filing, inspection and research fees.

(12)

Unless good cause is shown, when the court grants a motion to inspect, copy or otherwise disclose records, papers and files in the court’s record of an adoption case, the court shall order a prohibition or limitation on redisclosure of the records, papers and files, or of information contained in the records, papers and files.

(13)

When inspection, copying or disclosure is allowed under this section, the court may require appropriate and reasonable verification of the identity of the requesting person to the satisfaction of the court.

(14)

Intentionally left blank —Ed.

(a)

When an Indian child’s tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available no later than 14 days following the date of the request.

(b)

The records made available under this subsection must, at a minimum, include the petition, all substantive orders entered in the adoption proceeding, the complete record of the placement finding and, if the placement departs from the placement preferences under ORS 419B.654 (Placement preferences), detailed documentation of the efforts to comply with the placement preferences. [Formerly 109.319]

Source: Section 109.289 — Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html.

Attorney General Opinions

Under former similar statute (ORS 7.211)

Use of division’s client records by another departmental division, (1974) Vol 37, p 186

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

§ 109.289’s source at oregon​.gov