ORS 109.385
Readoption proceeding
- prima facie evidence
- petition
- required contents
- service
- exhibits
- finding regarding inaccurate birthdate
- fees
(1)
As used in this section, “readoption” means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state.(2)
An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation where the adoption occurred, unless the adoption violates fundamental principles of human rights or the public policy of the state or of the federal government.(3)
A copy of a decree, order, judgment, certificate or other document of adoption by adoptive parents, at least one of whom is a citizen of the United States, issued by a court or pursuant to an administrative proceeding of competent jurisdiction in the foreign nation is prima facie evidence in any court or administrative proceeding in this state that the adoption was legal and valid.(4)
Notwithstanding subsection (2) of this section, an adoptive parent who has adopted a person in a foreign nation may petition the court for readoption for the purpose of obtaining a judgment of adoption from the circuit court of the county in which the petitioner resides.(5)
Except as otherwise provided in this section, ORS 109.285 (Petition for adoption) does not apply to a petition for readoption under this section.(6)
A petition for readoption must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following:(a)
The full name of the petitioner;(b)
The current marital or domestic partnership status of the petitioner;(c)
If the readoption is of a minor child, information sufficient for the court to establish that the petitioner has complied with the jurisdictional requirements of ORS 109.276 (Petition for adoption) (4);(d)
The gender and full birth name, adopted name and any other alias of the person sought to be readopted;(e)
A statement of the place and date of the person’s birth in the foreign nation;(f)
A statement that the foreign adoption is legal and valid under the laws of the nation in which the adoption occurred and the date of the adoption;(g)
A statement that the person’s entry into the United States has complied with applicable federal immigration laws;(h)
If the readoption is of a minor child, a statement that a home study was completed and approved prior to the foreign nation adoption of the minor child;(i)
If the readoption is of a minor child, whether a continuing contact agreement exists under ORS 109.268 (Interpretation of adoption laws) or a similar law applicable to the nation where the foreign nation adoption occurred, including the names of the parties to the agreement and the date of execution;(j)
A statement of the desired new adoptive name for the person to be readopted;(k)
If applicable, a statement that the birthdate listed on the person’s foreign nation birth documents is believed to be inaccurate and a description of the evidence that supports the petitioner’s belief;(L)
A statement requesting the clerk of the court, upon payment of any required fees, to issue to the petitioner a certificate of adoption under ORS 109.410 (Certificate of adoption) and a certified copy of the general judgment of adoption; and(m)
Intentionally left blank —Ed.(A)
A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) the petitioner made to determine whether there is reason to know that the child is an Indian child;(B)
A statement that the petitioner has reason to know that the child is an Indian child or the petitioner does not have reason to know that the child is an Indian child; and(C)
If the petitioner has reason to know that the child is an Indian child:(i)
A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (Placement preferences) (2); or(ii)
A statement that the petitioner is moving the court under ORS 419B.654 (Placement preferences) (3) for a finding that good cause exists for placement contrary to the placement preferences and a statement describing the details supporting the petitioner’s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (Placement preferences) (4).(7)
Intentionally left blank —Ed.(a)
Within 30 days after being filed with the court, the petitioner shall serve copies of the petition and the documents filed as exhibits under subsection (9) of this section and, if applicable, a copy of the declaration of compliance described in paragraph (b) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service.(b)
If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:(A)
Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (Notice to tribe in emergency proceeding) (3), to:(i)
Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;(ii)
The child’s parents;(iii)
The child’s Indian custodian, if applicable; and(iv)
The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child’s parents, Indian custodian or tribe cannot be ascertained.(B)
File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.(8)
A petition filed under this section must, if applicable, request the following:(a)
Entry of a general judgment of adoption;(b)
That the petitioner be permitted to readopt the person as the child of the petitioner for all legal intents and purposes;(c)
A finding that the court has jurisdiction over the adoption proceeding, the parties and the person sought to be readopted;(d)
Approval of a change to the name of the person to be readopted;(e)
If applicable, a finding that a continuing contact agreement entered into under ORS 109.268 (Interpretation of adoption laws), or a similar law applicable to the nation where the foreign nation adoption occurred, is in the best interests of the minor child and that the court incorporate the continuing contact agreement by reference into the adoption judgment;(f)
If applicable, a finding that the evidence of the person’s birthdate listed on the foreign nation adoption documents is inaccurate and that the evidence presented by the petitioner supports a change to the birthdate of the person to be readopted;(g)
That the court require preparation of and certify a report of adoption as provided in ORS 432.223 (Reports of adoption);(h)
If the readoption is of a minor child, that all records, papers and files in the record of the readoption case be sealed as provided under ORS 109.289 (Separate record of the case);(i)
A finding that the child is or is not an Indian child;(j)
A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2);(k)
If the child is an Indian child:(A)
The determinations required under ORS 419B.621 (Judicial determination of Indian child’s residence, domicile and status as ward) regarding the Indian child’s residence, domicile and wardship status;(B)
A finding that the petitioner complied with the notice requirements under ORS 419B.639 (Notice to tribe in emergency proceeding) (2); and(C)
A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (Placement preferences) (2) or, upon the petitioner’s motion under ORS 419B.654 (Placement preferences) (3), that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (Placement preferences) (2); and(L)
Any other relief requested by the petitioner.(9)
A petition filed under this section must, if applicable, have the following attached as exhibits:(a)
True copies of the foreign nation birth certificate of the person to be readopted, accompanied by an English translation, if necessary;(b)
True copies of the foreign nation adoption decree, order, judgment, certificate or similar document accompanied by an English translation, if necessary;(c)
True copies of the foreign nation passport and proof of legal residency in the United States for the person sought to be readopted;(d)
If applicable, a true copy of any continuing contact agreement entered into under ORS 109.268 (Interpretation of adoption laws) or a similar law applicable to the nation where the foreign nation adoption occurred;(e)
If applicable, the written disclosure statement required under ORS 109.281 (Financial disclosure statement to be filed with petition); and(f)
Any other supporting documentation necessary to comply with the petition requirements in this section.(10)
Intentionally left blank —Ed.(a)
An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for readoption of a minor child. The statement must summarize information in the readoption proceeding and include additional information and attached exhibits as required under this subsection. The statement must contain, at a minimum, the following information if known or readily ascertainable by the petitioner:(A)
The full name, permanent address and telephone number of each petitioner;(B)
The current full name, the proposed adoptive name and the date and place of birth of the minor child;(C)
The information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 (Short title) to 109.834 (Severability clause); and(D)
The name, bar number and contact information for any attorney representing a petitioner.(b)
An Adoption Summary and Segregated Information Statement must attach as an exhibit:(A)
A home study that has been approved under ORS 109.276 (Petition for adoption); and(B)
A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics as required under ORS 432.223 (Reports of adoption).(c)
The petitioner has a continuing duty to inform the court of any change to the information required by this subsection or when information that was not previously known or ascertainable becomes known or ascertainable.(d)
The Adoption Summary and Segregated Information Statement and the exhibits submitted under this subsection are confidential and may not be inspected or copied except as otherwise provided under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) or 109.425 (Definitions for ORS 109.425 to 109.507) to 109.507 (Access to Department of Human Services records required). The Adoption Summary and Segregated Information Statement and the exhibits submitted under this section must be segregated in the record of the adoption case from other records, papers and files in the record of the adoption case.(11)
Intentionally left blank —Ed.(a)
A petition filed under this section is exempt from any requirement for one or more of the following:(A)
Compliance with the consent requirements of ORS 109.301 (Consent to adoption in general) to 109.330 (Notice when parent does not consent);(B)
A statement that the requirements of ORS 109.353 (Notice of voluntary adoption registry required before judgment entered) regarding advisement about the voluntary adoption registry and the registry’s services have been met;(C)
A statement that the requirements of ORS 109.346 (Adoption-related counseling for birth parent) regarding notice of the right to counseling sessions have been met; and(D)
Provision of a placement report under ORS 109.276 (Petition for adoption) (8).(b)
Paragraph (a) of this subsection does not apply if the child is an Indian child.(12)
The requirements for keeping a separate record of the case, for sealing the records, papers and files in an adoption proceeding and for the conditions under which inspection and copying of sealed records, papers and files in the court’s record of an adoption case set forth in ORS 109.289 (Separate record of the case) apply to proceedings for readoption under this section.(13)
Intentionally left blank —Ed.(a)
The court may find that a person’s birthdate listed on the person’s foreign nation birth documents is inaccurate based upon a finding that the preponderance of the evidence demonstrates that the birthdate is inaccurate and that the age or birthdate proposed by the petitioner is accurate.(b)
Evidence that the court may consider in making the finding and order under this subsection includes, but is not limited to, one or more of the following:(A)
Medical evaluations;(B)
Birth certificates;(C)
School records;(D)
Dental evaluations;(E)
Psychological evaluations;(F)
Bone density tests; and(G)
Social evaluations.(14)
The fee imposed and collected by the court for the filing of a petition under this subsection shall be in accordance with ORS 21.145 (Simple proceeding filing fee), except that when separate petitions for readoption of multiple minor children are concurrently filed under this section by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged. [1961 c.95 §§2,3; 2015 c.511 §9; 2021 c.398 §9]
Source:
Section 109.385 — Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees, https://www.oregonlegislature.gov/bills_laws/ors/ors109.html.
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