Parent and Child Rights and Relationships
Adoption of person 18 years of age or older or legally married
(1)Subject to subsection (2) of this section, any person may petition the circuit court for leave to adopt a person who is 18 years of age or older or who is legally married. The petition shall be accompanied by the written consent of each petitioner and the written consent of the person to be adopted. The written consents shall be filed with the petition.
(2)In addition to the written consents required under subsection (1) of this section, an adoption of a person who is 18 years of age or older or who is legally married is governed by the following:
(a)One petitioner or the person to be adopted must have resided in this state continuously for a period of six months prior to the filing of the petition; and
(b)The petition must be filed in the county in which one petitioner or the person to be adopted resides.
(3)The court may grant the petition if the court finds, from the allegations set forth in the petition, that each petitioner:
(a)Understands the significance and ramifications of the adoption; and
(b)Is not acting under duress, coercion or undue influence.
(4)In a proceeding under this section, the court may:
(a)Appoint counsel for each petitioner or for the person to be adopted or both or appoint a visitor, as provided in ORS 125.150 (Appointment of visitors). If the court appoints counsel or a visitor or both under this paragraph, the court shall apportion the costs among each petitioner and the person being adopted.
(b)Hold a hearing.
(c)On the court’s own motion, take testimony from or hold a conference with each petitioner and the person to be adopted. The court may hold a conference with one party and exclude the other party from the conference. In such a case, the court shall allow the attorney for the excluded party to attend the conference.
(d)Require that notice of the proceeding be provided by each petitioner to any or all of the following:
(A)The spouse of each petitioner.
(B)A person cohabiting with a petitioner who is interested in the affairs and welfare of the petitioner.
(C)The adult children of each petitioner.
(5)If, upon a petition for adoption presented and consented to in writing by each petitioner and the person to be adopted, the court is satisfied as to the identity and relations of each petitioner and the person to be adopted, that each petitioner understands the significance and ramifications of the adoption, that each petitioner is not acting under duress, coercion or undue influence and that it is fit and proper that the adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the person to be adopted, for all legal intents and purposes, is the child of the petitioner or petitioners.
(6)The provisions of ORS 109.308 (Confidentiality of petitioners), 109.309 (Petition for adoption), 109.315 (Petition for adoption), 109.317 (Adoption Summary and Segregated Information Statement), 109.319 (Separate record of the case), 109.342 (Medical history of child and biological parents required) and 109.353 (Notice of voluntary adoption registry required before judgment entered) do not apply to an adoption under this section. [1957 c.710 §10 (109.312 to 109.329 (Adoption of person 18 years of age or older or legally married) enacted in lieu of 109.320); 1973 c.827 §13; 2003 c.579 §2; 2013 c.346 §11; 2015 c.511 §4]
§§ 109.310 to 109.360
Atty. Gen. Opinions
Change of name in public records, (1977) Vol 38, p 945
Law Review Citations
12 WLJ 569-589 (1976)