Title 109 · ORS Chapter 109
(3).
Citation: ORS 107.425
Section: 107.425
107.425 (3).
����� (b) Assess against a party reasonable attorney fees and costs for the benefit of another party.
����� (8) When a petition or motion to intervene is filed under this section seeking guardianship or custody of a child who is a foreign national, the petitioner or intervenor shall serve a copy of the petition or motion on the consulate for the child�s country.
����� (9) This section does not apply to proceedings under ORS chapter 419B.
����� (10) As used in this section:
����� (a) �Child-parent relationship� means a relationship that exists or did exist, in whole or in part, within the six months preceding the filing of an action under this section, and in which relationship a person having physical custody of a child or residing in the same household as the child supplied, or otherwise made available to the child, food, clothing, shelter and incidental necessaries and provided the child with necessary care, education and discipline, and which relationship continued on a day-to-day basis, through interaction, companionship, interplay and mutuality, that fulfilled the child�s psychological needs for a parent as well as the child�s physical needs. However, a relationship between a child and a person who is the nonrelated foster parent of the child is not a child-parent relationship under this section unless the relationship continued over a period exceeding 12 months.
����� (b) �Circumstances detrimental to the child� includes but is not limited to circumstances that may cause psychological, emotional or physical harm to a child.
����� (c) �Grandparent� means the legal parent of the child�s legal parent.
����� (d) �Legal parent� means a parent as defined in ORS 419A.004 whose rights have not been terminated under ORS 419B.500 to 419B.524.
����� (e) �Ongoing personal relationship� means a relationship with substantial continuity for at least one year, through interaction, companionship, interplay and mutuality. [1985 c.516 �2; 1987 c.810 �1; 1993 c.372 �1; 1997 c.92 �1; 1997 c.479 �1; 1997 c.873 �20; 1999 c.569 �6; 2001 c.873 ��1,1a,1e; 2003 c.143 ��1,2; 2003 c.231 ��4,5; 2003 c.576 ��138,139]
����� 109.120 [Repealed by 1969 c.619 �15]
����� 109.121 [1979 c.776 �2; 1983 c.369 �2; 1987 c.810 �2; 1993 c.33 �291; 1999 c.477 �1; 1999 c.569 �7; repealed by 2001 c.873 �2]
����� 109.123 [1979 c.776 �3; repealed by 2001 c.873 �2]
(Adjudications of Parentage)
����� 109.124 Definitions for ORS 109.124 to 109.171. As used in ORS 109.124 to 109.171, unless the context requires otherwise:
����� (1) �Child attending school� has the meaning given that term in ORS 107.108.
����� (2) �Child born out of wedlock� means a child born to an unmarried person or to a married person by another person who is not the person�s spouse.
����� (3) �Respondent� may include, but is not limited to, one or more of the following persons:
����� (a) A child�s alleged genetic parent;
����� (b) A child�s presumed parent;
����� (c) The person who gave or will give birth to the child, if the child was conceived by assisted reproduction under a gestational surrogacy agreement;
����� (d) The parent who gave or will give birth to the child;
����� (e) The child�s intended parent, if the child was conceived by assisted reproduction, other than under a gestational surrogacy agreement; or
����� (f) The duly appointed and acting guardian of the child or conservator of the child�s estate. [1979 c.246 �4; 1983 c.762 �1; 1995 c.79 �38; 1995 c.343 �24; 1995 c.514 �18; 1997 c.704 �56; 2005 c.160 ��14,20; 2007 c.454 �3; 2017 c.651 �51; 2025 c.592 �29]
����� 109.125 Who may initiate proceedings; petition; timing; parties. (1)(a) Except as provided in paragraphs (b) to (d) of this subsection, any of the following may initiate judicial proceedings under ORS 109.124 to 109.171 to adjudicate the parentage of a child:
����� (A) The parent who gave or will give birth to the child, unless a court has adjudicated that person�s nonparentage of the child;
����� (B) The duly appointed and acting guardian of the child, conservator of the child�s estate or a guardian ad litem, if the guardian or conservator has the physical custody of the child or is providing support for the child;
����� (C) The administrator, as defined in ORS 25.010;
����� (D) The child�s alleged genetic parent;
����� (E) The child;
����� (F) The child�s presumed parent or acknowledged parent; or
����� (G) The child�s intended parent if the child was conceived by assisted reproduction, other than under a gestational surrogacy agreement.
����� (b) If the parent who gave or will give birth to the child is married to and cohabiting with the child�s presumed parent or acknowledged parent under ORS 109.070 (1)(a)(B), the proceeding may be initiated only:
����� (A) By the parent who gave or will give birth to the child or the child�s presumed parent or acknowledged parent; or
����� (B) With the consent of both the parent who gave or will give birth to the child and the child�s presumed parent or acknowledged parent.
����� (c) If the proceeding is commenced to challenge an acknowledgment of parentage, the proceeding may be initiated only by those persons with standing under ORS