Parent and Child Rights and Relationships
ORS
109.350
Judgment of adoption or readoption
(1)
If, upon a petition for adoption or readoption duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption or readoption be effected, a judgment shall be made setting forth the facts, and ordering that from the date of the judgment the child, to all legal intents and purposes, is the child of the petitioner.(2)
(a)
A judgment entered under this section must include:(A)
A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) to determine whether there is reason to know that the child is an Indian child; and(B)
A finding that the child is or is not an Indian child.(b)
In an adoption or readoption of an Indian child, the judgment must include:(A)
The birth name and birthdate of the Indian child, the Indian child’s tribal affiliation and the name of the Indian child after adoption;(B)
The names and addresses of the biological parents;(C)
The names and addresses of the adoptive parents;(D)
The name and contact information for any agency having files or information relating to the adoption;(E)
Any information relating to tribal membership or eligibility for tribal membership of the Indian child;(F)
The determination regarding the Indian child’s residence, domicile and tribal wardship status as required under ORS 419B.621 (Judicial determination of Indian child’s residence, domicile and status as ward);(G)
A finding that the petitioner complied with the notice requirements under ORS 419B.639 (Notice to tribe in emergency proceeding);(H)
If an agency consented to the adoption in loco parentis and the Indian child’s tribe has entered into an agreement described in ORS 419B.529 (Adoption after permanent commitment or surrender) (1)(c)(B), the terms of the agreement; and(I)
(i)
A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (Placement preferences); or(ii)
If the placement does not comply with the placement preferences under ORS 419B.654 (Placement preferences) (2), a finding upon the petitioner’s motion under ORS 419B.654 (Placement preferences) (3) that good cause exists for placement contrary to the placement preferences.(c)
For each of the findings or determinations under this subsection, the court must provide a description of the facts upon which the finding or determination is based.(d)
Upon entry of the judgment of adoption of an Indian child, the state court shall provide to the United States Secretary of the Interior copies of the judgment entered under this section and any document signed by a consenting parent requesting anonymity. [Amended by 1959 c.430 §4; 1983 c.302 §3; 2003 c.576 §152; 2015 c.511 §12; 2021 c.398 §36]Notes of Decisions
Natural parent adoption of own child is nullity. Campbell v. Kindred, 26 Or App 771, 554 P2d 599 (1976), Sup Ct review denied
Attorney General Opinions
Surrogate mother’s promise in surrogacy contract to consent to adoption of yet-unconceived child by biological father and his wife not judicially enforceable, (1989) Vol 46, p 221