Effect of judgment of adoption
Source:
Section 109.381 — Effect of judgment of adoption, https://www.oregonlegislature.gov/bills_laws/ors/ors109.html
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Notes of Decisions
Provision for validation of adoption after one year cannot be used to validate otherwise void decree of adoption by natural parent. Campbell v. Kindred, 26 Or App 771, 554 P2d 599 (1976), Sup Ct review denied
An adoption decree is subject to being set aside within one year from date of entry. In re Walker/Pitman/Parris, 59 Or App 641, 652 P2d 362 (1982)
Provision for validation of decree after one year applies notwithstanding that decree is otherwise void. Hogue v. Olympic Bank, 76 Or App 17, 708 P2d 605 (1985), Sup Ct review denied
Limitation of this section, on commencement of proceeding to set aside decree of adoption is not tolled by child’s minority under ORS 12.160 (1). Wimber v. Timpe, 109 Or App 139, 818 P2d 954 (1991)
Filiation proceeding constitutes collateral attack on adoption. Chamberlain v. Williams, 134 Or App 506, 895 P2d 805 (1995)
Application of time limit to prevent challenge by parent who never received notice of adoption proceeding denied parent due process. Phariss v. Welshans, 150 Or App 498, 946 P2d 1160 (1997)
Where Oregon licensed adoption agency consents to adoption of child that was surrendered to agency for adoption, natural parent of child is not party to adoption proceeding. Sant v. Open Adoption and Family Services, Inc., 153 Or App 114, 956 P2d 226 (1998)