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