Parent and Child Rights and Relationships

ORS 109.381
Effect of judgment of adoption

(1)

A judgment of a court of this state granting an adoption, and the proceedings in such adoption matter, shall in all respects be entitled to the same presumptions and be as conclusive as if rendered by a court of record acting in all respects as a court of general jurisdiction and not by a court of special or inferior jurisdiction, and jurisdiction over the persons and the cause shall be presumed to exist.

(2)

Except for such right of appeal as may be provided by law, judgments of adoption shall be binding and conclusive upon all parties to the proceeding. No party nor anyone claiming by, through or under a party to an adoption proceeding, may for any reason, either by collateral or direct proceedings, question the validity of a judgment of adoption entered by a court of competent jurisdiction of this or any other state.

(3)

After the expiration of one year from the entry of a judgment of adoption in this state the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the child’s natural parents and all other persons who might claim to have any right to, or over the child, have abandoned the child and consented to the entry of such judgment of adoption, and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered, all irrespective of jurisdictional or other defects in the adoption proceeding. After the expiration of the one-year period no one may question the validity of the adoption for any reason, either through collateral or direct proceedings, and all persons shall be bound thereby. However, the provisions of this subsection shall not affect the right of appeal from a judgment of adoption as may be provided by law. [Subsections (1), (2) and (3) enacted as 1959 c.609 §§2,3,4; subsection (4) derived from 1959 c.609 §6; 2003 c.576 §155; 2005 c.22 §89]

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)

Source

Last accessed
May 30, 2023

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