(2);

419B.639 (2);

����� (D) The court determines that evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642, establishes beyond a reasonable doubt that the continued custody of the Indian child by the nonconsenting parent is likely to result in serious emotional or physical damage to the child and that the petitioner�s active efforts under ORS 419B.645 to reunite the Indian family did not eliminate the necessity for termination of the nonconsenting parent�s parental rights based on serious emotional or physical damage to the Indian child; and

����� (E) The court finds that the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, if not, the court finds, upon the petitioner�s motion under ORS 419B.654 (3), that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2).

����� (b) The evidence under paragraph (a)(E) of this subsection must show a causal relationship between the particular conditions in the Indian child�s home and the likelihood that the nonconsenting parent�s continued custody of the Indian child will result in serious emotional or physical damage to the Indian child who is the subject of the adoption proceeding. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph.

����� (9) If the child has no living parent and no guardian or next of kin in this state qualified to appear in behalf of the child, the court may order such notice, if any, to be given as the court deems necessary or proper.

����� (10) If the child is an Indian child, the child�s tribe or Indian custodian may intervene at any time as a matter of right. [Amended by 1957 c.710 �11; 1967 c.385 �2; 1969 c.591 �288; 1975 c.640 �17; 1979 c.284 �101; 2005 c.369 �1; 2021 c.398 �25]

����� 109.331 Consenting agency disclosure of county and case number of adoption proceeding. The Department of Human Services or an approved child-caring agency of this state that has consented to the adoption of a child under ORS 109.325 shall, upon request and if available, disclose the county in which the adoption was finalized and the case number of the adoption proceeding to:

����� (1) An adult adoptee;

����� (2) A birth parent who has consented to the adoption and signed a release and surrender or whose parental rights have been terminated; or

����� (3) A parent or guardian of a minor child who was the subject of an adoption proceeding. [2015 c.511 �6]

����� 109.332 Grandparent visitation in stepparent adoption. (1) When a petition has been filed under ORS 109.276 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.285 may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition.

����� (2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that:

����� (a) Establishing visitation rights is in the best interests of the child;

����� (b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and

����� (c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family.

����� (3) As used in this section, �grandparent� includes a grandparent who has established custody, visitation or other rights under ORS 109.119. [1993 c.689 �2; 1993 c.717 �10; 1995 c.90 �4; 2001 c.873 �7; 2003 c.258 �3; 2005 c.22 �88; 2013 c.346 �12]

����� Note: 109.332 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.

����� 109.335 Appointment of guardian pending further adoption proceedings. Notwithstanding the provisions of ORS chapter 125 that relate to the appointment of a guardian, when a petition is filed pursuant to ORS 109.276 for leave to adopt a minor child and the required consent thereto has been filed, the court before which the petition is pending may on its own motion enter an order appointing the petitioner or some other suitable person guardian of the minor child pending further order of the court or entry of a judgment under ORS 109.350. [1965 c.187 �1; 1967 c.231 �1; 1973 c.823 �108; 1995 c.664 �83; 2003 c.576 �149]

����� 109.340 [Repealed by 1957 c.412 �2 (7.211 enacted in lieu of 109.340)]

����� 109.342 Medical history of child and genetic parents required; content; form. (1) Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the genetic parents as complete as possible under the circumstances.

����� (2) When possible, the medical history shall include, but need not be limited to:

����� (a) A medical history of the adoptee from birth up to the time of adoption, including disease, disability, congenital or birth defects, and records of medical examinations of the child, if any;

����� (b) Physical characteristics of the genetic parents, including age at the time of the adoptee�s birth, height, weight, and color of eyes, hair and skin;

����� (c) A gynecologic and obstetric history of the parent who gave birth to the child;

����� (d) A record of potentially inheritable genetic or physical traits or tendencies of the genetic parents or their families; and

����� (e) Any other useful or unusual genetic information that the genetic parents are willing to provide.

����� (3) The names of the genetic parents may not be included in the medical history.

����� (4) Subsection (1) of this section does not apply when a person is adopted by a stepparent.

����� (5) The Department of Human Services shall prescribe a form for the compilation of the medical history. [1979 c.493 �2; 2003 c.576 �150; 2015 c.511 �11; 2025 c.592 �126]

����� 109.345 [1961 c.99 �1; 1969 c.198 �56; repealed by 1993 c.717 �11]

����� 109.346 Adoption-related counseling for birth parent. (1) Except as provided in subsection (5) of this section, a birth parent consenting to an adoption shall receive notice of the birth parent�s right to payment for three adoption-related counseling sessions prior to surrender or relinquishment of the child for adoption and three sessions of adoption-related counseling after surrender or relinquishment of the child for adoption.

����� (2) Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent by either the attorney for the birth parent, the agency representative taking the birth parent�s consent or the attorney for the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written notice shall submit verification to the court that the notice was given to the consenting birth parent.

����� (3) The prospective adoptive parent shall pay all uninsured costs of the adoption-related counseling required by this section, provided the counseling is received within one year of the date of surrender or relinquishment of the child for adoption.

����� (4) Adoption-related counseling under this section, unless otherwise agreed to by the prospective adoptive parent and the consenting birth parent, shall be provided by:

����� (a) A regulated social worker as defined in ORS 675.510 who is employed by an Oregon licensed adoption agency other than the regulated social worker assigned to the prospective adoptive parent;

����� (b) A regulated social worker, counselor or therapist who is working under the supervision of a clinical social worker licensed under ORS 675.530 or a licensed professional counselor and who is knowledgeable about birth parent, adoption and grief and loss issues; or

����� (c) A clinical social worker licensed under ORS 675.530, counselor or therapist who:

����� (A) Has a graduate degree in social work, counseling or psychology; and

����� (B) Is knowledgeable about birth parent, adoption and grief and loss issues.

����� (5) The requirements of this section do not apply to:

����� (a) An adoption in which a birth parent relinquishes parental rights to the Department of Human Services;

����� (b) An adoption in which one parent retains parental rights;

����� (c) An adoption in which the child is born in a foreign country and adopted under the laws of that country or readopted in Oregon;

����� (d) An adoption in which the child is born in a foreign country and subsequently adopted in Oregon and in which the identity or whereabouts of the child�s birth parents are unknown; or

����� (e) An adoption of an adult.

����� (6) Failure to provide the notice required by this section or failure to pay the uninsured costs of adoption-related counseling required by this section is not grounds for setting aside an adoption judgment or for revocation of a written consent to an adoption or a certificate of irrevocability. [2001 c.586 �2; 2003 c.576 �151; 2009 c.442 �29]

����� Note: 109.346 and 109.347 were enacted into law by the Legislative Assembly but were 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.

����� 109.347 Civil action for failure to pay for counseling; attorney fees. A birth parent aggrieved by the failure of a prospective adoptive parent or adoptive parent to pay the uninsured costs of adoption-related counseling required by ORS 109.346 may file a civil action in circuit court for payment or reimbursement of the uninsured costs of adoption-related counseling. The court shall award reasonable attorney fees and costs of the action to a prevailing birth parent. [2001 c.586 �3]

����� Note: See note under 109.346.

����� 109.350 Judgment of adoption or readoption. (1) If, upon a petition for adoption or readoption duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption or readoption be effected, a judgment shall be made setting forth the facts, and ordering that from the date of the judgment the child, to all legal intents and purposes, is the child of the petitioner.

����� (2)(a) A judgment entered under this section must include:

����� (A) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2) to determine whether there is reason to know that the child is an Indian child; and

����� (B) A finding that the child is or is not an Indian child.

����� (b) In an adoption or readoption of an Indian child, the judgment must include:

����� (A) The birth name and birthdate of the Indian child, the Indian child�s tribal affiliation and the name of the Indian child after adoption;

����� (B) The names and addresses of the biological parents;

����� (C) The names and addresses of the adoptive parents;

����� (D) The name and contact information for any agency having files or information relating to the adoption;

����� (E) Any information relating to tribal membership or eligibility for tribal membership of the Indian child;

����� (F) The determination regarding the Indian child�s residence, domicile and tribal wardship status as required under ORS 419B.621;

����� (G) A finding that the petitioner complied with the notice requirements under ORS 419B.639;

����� (H) If an agency consented to the adoption in loco parentis and the Indian child�s tribe has entered into an agreement described in ORS 419B.529 (1)(c)(B), the terms of the agreement; and

����� (I)(i) A finding that the adoptive placement complies with the placement preferences under ORS