(1), 107.135 or 109.103.

107.105 (1), 107.135 or 109.103.

����� (b) �Foreign country� means any country that:

����� (A) Is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction;

����� (B) Does not provide for the extradition to the United States of a parental abductor and minor child;

����� (C) Has local laws or practices that would restrict the other parent of the minor child from freely traveling to or exiting from the country because of the race, religion, sex, sexual orientation or gender identity of the other parent;

����� (D) Has local laws or practices that would restrict the ability of the minor child from legally leaving the country after the child reaches the age of majority because of the race, religion, sex, sexual orientation or gender identity of the child; or

����� (E) Poses a significant risk that the physical health or safety of the minor child would be endangered in the country because of war, human rights violations or specific circumstances related to the needs of the child.

����� (2) A court that finds by clear and convincing evidence a risk of international abduction of a minor child may issue a court order requiring a parent who is subject to a custody order and who plans to travel with a minor child to a foreign country to provide security, bond or other guarantee as described in subsection (4) of this section.

����� (3) In determining whether a risk of international abduction of a minor child exists, a court shall consider the following factors involving a parent who is subject to a custody order:

����� (a) The parent has taken or retained, attempted to take or retain or threatened to take or retain a minor child in violation of state law or a valid custody order and the parent is unable to present clear and convincing evidence that the parent believed in good faith that the conduct was necessary to avoid imminent harm to the parent or the child;

����� (b) The parent has recently engaged in a pattern of activities that indicates the parent is planning to abduct the minor child from this country;

����� (c) The parent has strong familial, emotional or cultural connections to this country or another country, regardless of citizenship or residency status; and

����� (d) Any other relevant factors.

����� (4) A security, bond or other guarantee required by a court under this section may include, but is not limited to, any of the following:

����� (a) A bond or security deposit in an amount that is sufficient to offset the cost of recovering the minor child if the child is abducted;

����� (b) Supervised parenting time; or

����� (c) Passport and travel controls, including but not limited to controls that:

����� (A) Prohibit the parent from removing the minor child from this state or this country;

����� (B) Require the parent to surrender a passport or an international travel visa that is issued in the name of the minor child or jointly in the names of the parent and the child;

����� (C) Prohibit the parent from applying for a new or replacement passport or international travel visa on behalf of the minor child; and

����� (D) Require the parent to provide to a relevant embassy or consulate and to the Office of Children�s Issues in the United States Department of State the following documents:

����� (i) Written notice of passport and travel controls required under this paragraph; and

����� (ii) A certified copy of a court order issued under this section.

����� (5) After considering the factors under subsection (3) of this section and requiring a security, bond or other guarantee under this section, the court shall issue a written determination supported by findings of fact and conclusions of law.

����� (6) Nothing in this section is intended to limit the inherent power of a court in matters relating to children. [2003 c.532 �1; 2005 c.22 �85; 2007 c.100 �17; 2021 c.367 �7]

����� Note: 109.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 109.040 [Repealed by 1953 c.650 �4]

����� 109.041 Relationship between adopted child and natural and adoptive parents. (1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and

����� (a) The adoptive parents of the adopted person, their descendants and kindred, and

����� (b) The natural parents of the adopted person, their descendants and kindred shall be the same to all legal intents and purposes after the entry of such judgment as if the adopted person had been born in lawful wedlock to the adoptive parents and had not been born to the natural parents.

����� (2) When a person has been or shall be adopted in this state by a stepparent, this section shall leave unchanged the relationship, rights and obligations between such adopted person and descendants of the adopted person and natural parent of the adopted person, who is the spouse of the person who adopted the person, and the descendants and kindred of such natural parent. [1953 c.650 �1; 2003 c.576 �134]

����� 109.050 Relation of adopted child to adoptive parents. An adopted child bears the same relation to adoptive parents and their kindred in every respect pertaining to the relation of parent and child as the adopted child would if the adopted child were the natural child of such parents.

����� 109.053 [1979 c.266 �1; 1981 c.614 �1; 1997 c.704 �55; 2003 c.576 �135; renumbered 108.045 in 2005]

����� 109.055 [1971 c.703 �1; 1973 c.827 �12e; repealed by 1979 c.266 �3]

����� 109.056 Delegation of certain powers by parent or guardian; delegation during period of military service. (1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to adoption of a minor ward.

����� (2) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months.

����� (3)(a) As used in this subsection, �servicemember-parent� means a parent or guardian:

����� (A) Who is:

����� (i) A member of the organized militia of this state;

����� (ii) A member of the Reserves of the Army, Navy, Air Force, Marine Corps, Coast Guard or Space Force of the United States;

����� (iii) A member of the commissioned corps of the National Oceanic and Atmospheric Administration; or

����� (iv) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States; and

����� (B) Who is required to enter and serve in the active military service of the United States under a call or order by the President of the United States or to serve on state active duty as defined in the Oregon Code of Military Justice.

����� (b) A servicemember-parent of a minor child may delegate the powers designated in subsection (1) of this section for a period not exceeding the term of active duty service plus 30 days.

����� (c) Except as provided in paragraph (d) of this subsection, if the minor child is living with the child�s other parent, a delegation under paragraph (b) of this subsection must be to the parent with whom the minor child is living unless a court finds that the delegation would not be in the best interests of the minor child.

����� (d) When the servicemember-parent has joint custody of the minor child with the child�s other parent or another individual, and the servicemember-parent is married to an individual other than the child�s other parent, the servicemember-parent may delegate the powers designated in subsection (1) of this section to the spouse of the servicemember-parent for a period not exceeding the term of active duty service plus 30 days, unless a court finds that the delegation would not be in the best interests of the minor child. [Formerly 126.030; 2005 c.79 �4; 2007 c.250 �1; 2012 c.106 �2; 2013 c.81 �22; 2025 c.224 �5; 2025 c.453 �3]

����� 109.060 Legal status and legal relationships when parents not married. The legal status and legal relationships and the rights and obligations between a person and the descendants of the person, and between a person and parents of the person, their descendants and kindred, are the same for all persons, whether or not the parents have been married. [1957 c.411 �1]

ESTABLISHING PARENTAGE

(Generally)

����� 109.064 Child as party; appointment of attorney. (1) In a proceeding to adjudicate the parentage of a child, other than a proceeding under ORS chapter 419B, the child is a permissive party to the proceeding if the child has not attained 18 years of age.

����� (2) The court shall appoint an attorney to represent a child who has not attained 18 years of age in a proceeding described in subsection (1) of this section if requested by the child or, if the court finds that the interests of the child are not adequately represented, on the court�s own motion or on the motion of a party. A reasonable fee for an attorney so appointed under this paragraph may be charged against one or more of the parties or as a cost in the proceedings, but may not be charged against funds appropriated for public defense services. [2025 c.592 �5]

����� 109.065 Establishing parentage. Parentage may be established between a person and a child by:

����� (1) The person having given birth to the child, unless the child was conceived by assisted reproduction under a gestational surrogacy agreement;

����� (2) An unrebutted presumption of parentage under ORS 109.067;

����� (3) An adjudication of the person�s parentage by judicial proceeding;

����� (4) Adoption of the child by the person;

����� (5) An effective acknowledgment of parentage under ORS 109.070 or pursuant to the laws of another state, unless the acknowledgment has been rescinded or successfully challenged;

����� (6) An adjudication of parentage by an administrative order issued pursuant to ORS