109.287; and ����� (II) Exhibits described in ORS 109.287 (2) that are contained in the court�s record of the adoption case. ����� (ii) For adoption cases filed before January 1, 2014: ����� (I) St

109.287; and

����� (II) Exhibits described in ORS 109.287 (2) that are contained in the court�s record of the adoption case.

����� (ii) For adoption cases filed before January 1, 2014:

����� (I) Statements, exhibits and other documents provided for purposes of the Uniform Child Custody Jurisdiction and Enforcement Act pursuant to ORS 109.767;

����� (II) A home study;

����� (III) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics under ORS 432.223 or a similar document in which the court has certified to the state registrar the facts of the live birth of the person adopted; and

����� (IV) A medical history described in ORS 109.342 or a similar document provided to the court for the purpose of describing the medical history of the minor child or of the genetic parents.

����� (B)(i) The court may grant the motion for good cause. The name, address, phone number, Social Security number or other identifying information of any individual or entity contained in the records, papers and files must be redacted and may not be disclosed as part of the inspection or copying allowed under this paragraph.

����� (ii) Notwithstanding sub-subparagraph (i) of this subparagraph, the name of the parent filing the motion and the name, bar number and contact information for any attorney of record in the case may be disclosed as part of the inspection or copying allowed under this paragraph.

����� (d) The fee imposed and collected by the court for the filing of a motion under this subsection by the birth parent of an adult adoptee shall be in accordance with ORS 21.145, except that a fee may not be imposed or collected for a motion filed under this subsection for adoptions where the Department of Human Services consented to the adoption under ORS 109.325 or 419B.529.

����� (6) Except as provided in subsection (5)(c) of this section, an individual or entity that signed a record, paper or document in a file contained in the court�s record of the adoption case is entitled to inspect and obtain a copy of that record, paper or document without a court order. The signature and name of any other individual or entity on the same record, paper or document must be redacted or otherwise not disclosed as part of the inspection and copying permitted under this subsection.

����� (7)(a) Any documents, writings, information and other records retained by the Department of Human Services or a child-caring agency as defined in ORS 418.205 in the department�s or agency�s record of an adoption case that are not records, papers and files in the court�s record of the adoption case are confidential and must be sealed. Any records, documents or information, including records, papers and files in the court�s record of the adoption case, retained by the department or agency in its record of an adoption case may be accessed, used or disclosed only as provided in this section or ORS 109.266 to 109.410 or 109.425 to 109.507, or pursuant to a court order for good cause.

����� (b) The department or agency may, without a court order, access, use or disclose any records, documents or information retained by the department or agency in its record of an adoption case, including records, papers and files in the court�s record of an adoption case that are in the possession of the department or the agency for the purpose of providing adoption services or the administration of child welfare services that the department or agency is authorized to provide under applicable federal or state law.

����� (8) Except as otherwise provided in this section, a court may grant a motion and enter an order allowing inspection, copying or other disclosure of records, papers and files that are maintained in the court�s record of an adoption case for good cause.

����� (9) Nothing contained in this section shall prevent the clerk or court administrator from certifying or providing copies of a judgment of adoption to the petitioner in an adoption proceeding, to the petitioner�s attorney of record or to the Department of Human Services.

����� (10) The provisions of this section do not apply to the disclosure of information under ORS 109.425 to 109.507.

����� (11) Except as provided in subsection (5)(d) of this section, the court may impose and collect fees for copies and services provided under this section, including but not limited to filing, inspection and research fees.

����� (12) Unless good cause is shown, when the court grants a motion to inspect, copy or otherwise disclose records, papers and files in the court�s record of an adoption case, the court shall order a prohibition or limitation on redisclosure of the records, papers and files, or of information contained in the records, papers and files.

����� (13) When inspection, copying or disclosure is allowed under this section, the court may require appropriate and reasonable verification of the identity of the requesting person to the satisfaction of the court.

����� (14)(a) When an Indian child�s tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available no later than 14 days following the date of the request.

����� (b) The records made available under this subsection must, at a minimum, include the petition, all substantive orders entered in the adoption proceeding, the complete record of the placement finding and, if the placement departs from the placement preferences under ORS 419B.654, detailed documentation of the efforts to comply with the placement preferences. [Formerly 109.319; 2025 c.592 �125]

����� 109.301 Consent to adoption in general. (1) Except as provided in ORS 109.302 to 109.329, consent in writing to the adoption of a minor child pursuant to a petition filed under ORS 109.276 is required to be given by the following:

����� (a) The parents of the child, or the survivor of the parents.

����� (b) The guardian of the child, if the child has no living parent.

����� (c) The next of kin in this state, if the child has no living parent and no guardian.

����� (d) Some suitable person appointed by the court to act in the proceeding as next friend of the child to give or withhold consent, if the child has no living parent and no guardian or next of kin qualified to consent.

����� (2)(a) A person who gives consent to adoption under subsection (1) of this section may agree concurrently or subsequently to the giving of such consent that the consent shall be or become irrevocable, and may waive such person�s right to a personal appearance in court, by a duly signed and attested certificate. The certificate of irrevocability and waiver shall be in effect when the following are completed:

����� (A) The child is placed for the purpose of adoption in the physical custody of the person or persons to whom the consent is given;

����� (B) The person or persons to whom consent for adoption is given have filed a petition to adopt the child in a court of competent jurisdiction;

����� (C) The court has entered an order appointing the petitioner or some other suitable person as guardian of the child pursuant to ORS 109.335;

����� (D) The Department of Human Services, an Oregon licensed adoption agency or an attorney who is representing the adoptive parents has filed either a department or an Oregon licensed adoption agency home study with the court approving the petitioner or petitioners as potential adoptive parents or the department has notified the court that the filing of such study has been waived;

����� (E) Information about the child�s social, medical and genetic history required in ORS 109.342 has been provided to an attorney or the department or an Oregon licensed adoption agency by the person giving consent to the adoption; and

����� (F) The person signing the certificate of irrevocability and waiver has been given an explanation by an attorney who represents the person and who does not also represent the adoptive family, by the department or by an Oregon licensed adoption agency of the consequences of signing the certificate.

����� (b) Upon the fulfillment of the conditions in paragraph (a) of this subsection, the consent for adoption may not be revoked unless fraud or duress is proved with respect to any material fact.

����� (3)(a) A consent under this section must indicate whether the person giving the consent has reason to know that the child is an Indian child.

����� (b) If the person does not have reason to know that the child is an Indian child, the consent must include a statement that the person giving notice will inform the court immediately if, prior to the entry of the judgment of adoption or readoption under ORS 109.350, the person receives information that provides reason to know that the child is an Indian child.

����� (c) A certificate of irrevocability described in subsection (2) of this section is not valid for the adoption of an Indian child.

����� (4) As used in this section, �parent� means a person whose parentage has been established pursuant to ORS 109.065. [Formerly 109.321]

����� 109.302 Consent to adoption of Indian child; withdrawal of consent. (1) As used in this section, �parent� has the meaning given that term in ORS 419B.603.

����� (2)(a) If a petition filed under ORS 109.276 is for the adoption of an Indian child, except as otherwise provided in ORS 109.302 to 109.329, consent in writing to the adoption must be given by the following:

����� (A) The Indian child�s parents, or the survivor of the parents.

����� (B) If the Indian child has no living parent, the Indian child�s guardian or Indian custodian.

����� (C) If the Indian child has no living parent, guardian or Indian custodian, the next of kin in this state.

����� (b) Consent under this section is valid only as to the person giving consent.

����� (c) If both of the Indian child�s parents are living but only one of the Indian child�s parents consents to the adoption:

����� (A) The petitioner must demonstrate to the court that the petitioner has made active efforts, as described in ORS 419B.645, to prevent the break up of the family or to reunite the family;

����� (B) The petitioner, in accordance with ORS 109.330, shall serve on the nonconsenting parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the nonconsenting parent�s consent; and

����� (C) The objections of the nonconsenting parent, if any, must be heard if appearance is made.

����� (3)(a) An Indian child�s parent may consent to the adoption of the Indian child at any time not less than 10 days following the date of the Indian child�s birth by executing the consent in person before the court and filing the consent with the court.

����� (b) The consent must clearly set out the conditions to the consent, if any.

����� (4)(a) Prior to the execution of a parent�s consent under subsection (3) of this section, the court must explain to the parent on the record in detail and in the language of the parent:

����� (A) The right to legal counsel;

����� (B) The terms and consequences of the consent in detail; and

����� (C) That at any time prior to the entry of the judgment of adoption or readoption under ORS