Parent and Child Rights and Relationships

ORS 109.323
Consent when custody of child has been awarded in divorce proceedings


If the legal custody of the child has been awarded in marital dissolution proceedings, except as provided in ORS 109.330 (Notice when parent does not consent) (8) if the child is an Indian child, the written consent of the person to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial parent consents to the adoption, the petitioner, in accordance with ORS 109.330 (Notice when parent does not consent), shall serve on the noncustodial parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parent’s consent, and the objections of the noncustodial parent shall be heard if appearance is made.


This section does not apply when consent is given in loco parentis under ORS 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) or 109.327 (Consent by organization located outside Oregon). [Formerly 109.314; 2021 c.398 §23]

Law Review Citations

53 OLR 543 (1974)


Last accessed
May 30, 2023