Parent and Child Rights and Relationships

ORS 109.311
Financial disclosure statement to be filed with petition

  • placement report required
  • exception
  • prohibited fees
  • advertising


(1)

Each adoption petition filed pursuant to ORS 109.309 (Petition for adoption) seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs and expenses related to the adoption, including all legal, medical, living and travel expenses. The form of the disclosure statement shall be prescribed by the Department of Human Services after consultation with approved Oregon licensed adoption agencies.

(2)

A court may not grant a judgment for an adoption of a minor child in the absence of a placement report by the department or an Oregon licensed adoption agency unless the filing of such report has been waived by the department. A court may not grant a judgment for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioner’s knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption.

(3)

A person may not charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS chapter 418 may charge reasonable fees for services provided by them.

(4)

(a) It is unlawful for any person to advertise:

(A)

A child offered or wanted for adoption; or

(B)

That the person is able to place, locate, dispose of or receive a child for adoption.

(b)

The provisions of paragraph (a) of this subsection do not apply to:

(A)

The department or a licensed Oregon adoption agency or an agent, employee or person with whom the department or adoption agency has a contract authorizing such actions; or

(B)

A person who has completed a home study as required by ORS 109.309 (Petition for adoption) (7) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person’s attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The person’s attorney must be licensed to practice in Oregon.

(c)

Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorney’s availability to provide services related to the adoption of children.

(d)

As used in this subsection, unless the context requires otherwise, “advertise” means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. [1985 c.403 §2 (1) to (3); 1987 c.367 §1; 1993 c.717 §4; 1995 c.730 §3; 2003 c.258 §2; 2003 c.576 §145; 2013 c.346 §9]

Notes of Decisions

Payment of money to birth mother does not automatically make consent to adoption invalid. In re Adoption of Baby A and Baby B, 128 Or App 450, 877 P2d 107 (1994)

Atty. Gen. Opinions

State will not enforce any agreement for exchange of money for right to adopt or have custody of child, (1989) Vol 46, p 221; Organizations that promote and arrange surrogacy contracts must comply with laws governing private child-caring agencies, (1989) Vol 46, p 221

§§ 109.310 to 109.360

Atty. Gen. Opinions

Change of name in public records, (1977) Vol 38, p 945

Chapter 109

Law Review Citations

12 WLJ 569-589 (1976)


Source

Last accessed
Jun. 26, 2021