Title 109 · ORS Chapter 109

(2); and

Citation: ORS 419B.654

Section: 419B.654

419B.654 (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 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; and

�� (f) Any other supporting documentation necessary to comply with the petition requirements in this section.

�� (10)(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 to 109.834; 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; 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.

�� (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 to 109.410 or 109.425 to 109.507. 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)(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 to 109.330;

�� (B) A statement that the requirements of ORS 109.353 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 regarding notice of the right to counseling sessions have been met; and

�� (D) Provision of a placement report under ORS 109.276 (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 apply to proceedings for readoption under this section.

�� (13)(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, 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]

�� 109.390 Authority of Department of Human Services or child-caring agency in adoption proceedings. When the Department of Human Services or an approved child-caring agency has the right to consent to the adoption of a child, the department or agency may:

�� (1) If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child.

�� (2) Appear in court where a proceeding for the adoption of the child is pending.

�� (3) Give or withhold consent in loco parentis to the adoption of the child only in accordance with ORS 109.325. [1957 c.710 �14; 1971 c.401 �6; 2005 c.22 �90]

�� 109.400 Adoption report form. (1) When a petition for adoption is filed with a court, the petitioner or the petitioner�s attorney shall file with the petition an adoption report form as provided in ORS 432.223.

�� (2) Notwithstanding ORS 109.289, if the court enters a judgment of adoption, the clerk of the court shall review the personal particulars filled in on the form, shall fill in the remaining blanks on the form, shall certify the form and mail it to the State Registrar of the Center for Health Statistics as the adoption report as required under ORS 432.223. [1959 c.430 �1; 1983 c.709 �41; 1997 c.783 �45; 2003 c.576 �156; 2013 c.346 �14]

�� 109.410 Certificate of adoption; form; persons eligible to receive certificate; status. (1) The clerk of the court having custody of the adoption file shall issue upon request a certificate of adoption to the adopted person, the adoptive parents or parent, their attorney of record, in the proceeding, or to any child-placing agency which gave consent to the adoption. The certificate shall be substantially in the following form:

______________________________________________________________________________

CERTIFICATE OF ADOPTION

IN THE ________ COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF

___________

In the Matter of the Adoption of:

___________________________

File No.___________

�� Name after Adoption

This is to certify that on the ___ day of ________, 2___, a Judgment of Adoption was granted by the Honorable Judge ____________ granting the adoption of the above-named person by _________________.

�� The adopted person, above named, was born in the City of

___________, County of ________, State of ________, on the __ day of _____, 2__.

�� Dated at ________, Oregon, this __ day of ___, 2__.

�� (Title of the Clerk of the Court)

�� (SEAL) By _______________

�� Deputy

______________________________________________________________________________

�� (2) The certificate of adoption may be issued by the judge who granted the adoption, instead of by the clerk of the court.

�� (3) The certificate of adoption may not state the former name of the person adopted, unless the name was not changed by the judgment, and may not state the name of either genetic parent of the person adopted. However, if the adoption was by the adopted person�s stepparent, the name of the adopting stepparent�s spouse may be set forth in the certificate if requested.

�� (4) No certificate of adoption shall be issued to any person other than the persons described in subsection (1) of this section without order of the court.

�� (5) For all purposes, the certificate of adoption shall constitute legal proof of the facts set forth therein, shall have the same force and effect and the same presumptions of validity as the judgment of adoption, and shall be entitled to full faith and credit. [1979 c.397 �2; 1985 c.496 �24; 2003 c.576 �157; 2015 c.512 �2; 2025 c.592 �127]

VOLUNTARY ADOPTION REGISTRY

�� 109.425 Definitions for ORS 109.425 to 109.507. As used in ORS 109.425 to 109.507:

�� (1) �Adoptee� means a person who has been adopted in the State of Oregon.

�� (2) �Adoption� means the judicial act of creating the relationship of parent and child where it did not exist previously.

�� (3) �Adoptive parent� means an adult who has become a parent of a child through adoption.

�� (4) �Adult� means a person 18 years of age or older.

�� (5) �Agency� means any public or private organization licensed or authorized under the laws of this state to place children for adoption.

�� (6) �Alleged genetic parent� has the meaning given that term in ORS 109.002.

�� (7) �Birth parent� means:

�� (a) The individuals who are legally presumed under the laws of this state to be the genetic parents of a child; and

�� (b) An individual alleged by the parent who gave birth to the child to be a genetic parent of the child if the individual acknowledges being the child�s genetic parent by signing a written affidavit or executing a surrender and release within three years of the relinquishment of the child by the parent who gave birth to the child or the termination of the parental rights of the parent who gave birth to the child.

�� (8)(a) �Genetic and social history� means a comprehensive report, when obtainable, of the health status and medical history of the birth parents and other persons related to the child.

�� (b) The genetic and social history may contain as much of the following as is available:

�� (A) Medical history;

�� (B) Health status;

�� (C) Cause of and age at death;

�� (D) Height, weight, eye and hair color;

�� (E) Ethnic origins; and

�� (F) Religion, if any.

�� (c) The genetic and social history may include the health status and medical history of:

�� (A) The birth parents;

�� (B) An alleged genetic parent, if any;

�� (C) Siblings to the birth parents, if any;

�� (D) Siblings to an alleged genetic parent, if any;

�� (E) Other children of either birth parent, if any;

�� (F) Other children of an alleged genetic parent, if any;

�� (G) Parents of the birth parents; and

�� (H) Parents of an alleged genetic parent, if any.

�� (9) �Guardian� means a person appointed by a court as guardian of a minor under ORS chapter 125 or the laws of any other state.

�� (10) �Health history� means a comprehensive report, when obtainable, of the child�s health status and medical history at the time of placement for adoption, including neonatal, psychological, physiological and medical care history.

�� (11) �Minor� means a person under 18 years of age.

�� (12) �Progeny� means the children or descendants of a person and the person�s descendants in successive generations.

�� (13) �Registry� means a voluntary adoption registry established under ORS 109.450.

�� (14) �Successor agency� means an agency which has the adoption records of another agency because of the merger of the agency and the successor agency or because a former agency has ceased doing business and has given its adoption records to the successor agency as provided in ORS 109.435 (2). [1983 c.672 �2; 1989 c.372 �1; 1993 c.410 �1; 1995 c.79 �39; 1995 c.730 �7; 1997 c.130 �3; 1997 c.442 �1; 2001 c.900 �14; 2015 c.200 �1; 2025 c.592 �128]

�� Note: 109.425 to 109.507 and 109.990 (2) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 109.430 Policy and purpose. It is the policy of this state that adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parents and child between an adoptee and the adoptive parents. These legal and social premises underlying adoption must be maintained. The state recognizes that some persons who were adopted as children have a strong desire to obtain identifying information about their birth parents, alleged genetic parent or genetic siblings while other such adoptees have no such desire. The state further recognizes that some birth parents have a strong desire to obtain identifying information about their genetic children who were adopted, while other birth parents have no such desire. The state fully recognizes the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees and the adoptive parents. The purpose of ORS 109.425 to 109.507 and 432.250 is to:

�� (1) Set up a voluntary adoption registry where birth parents, alleged genetic parents, adoptees and genetic siblings of adoptees may register their willingness to the release of identifying information to each other;

�� (2) Provide for the disclosure of identifying information to birth parents and their progeny through a person employed or approved by a licensed adoption agency or the Department of Human Services, if the relevant persons for such disclosure are registered;

�� (3) Provide for the transmission of nonidentifying health and genetic and social histories of adoptees, birth parents, alleged genetic parents, genetic siblings of adoptees and other specified persons; and

�� (4) Provide for disclosure of specific identifying information to Indian tribes or governmental agencies when needed to establish the adoptee�s eligibility for tribal membership or for benefits or to a person responsible for settling an estate that refers to the adoptee. [1983 c.672 �1; 1989 c.372 �5; 1995 c.79 �40; 1995 c.730 �8; 1997 c.442 �2; 2013 c.346 �15; 2015 c.200 �2; 2025 c.592 �129]

�� Note: See note under 109.425.

�� 109.435 Adoption records to be permanently maintained. (1) All records of any adoption finalized in this state shall be permanently maintained by the Department of Human Services or by the agency arranging the adoption.

�� (2) If an agency which handles adoptions ceases to do business, the agency shall transfer the adoption records to the department or to a successor agency, if the agency gives notice of the transfer to the department. [1983 c.672 �3]

�� Note: See note under 109.425.

�� 109.440 [1983 c.672 �4; 1995 c.79 �41; 1995 c.730 �9; 2001 c.586 �1; repealed by 2013 c.346 �7]

�� 109.445 Information of registry confidential. (1) Notwithstanding any other provision of law, the information acquired by any voluntary adoption registry shall not be disclosed under any freedom of information legislation, rules or practice.

�� (2) A class action suit shall not be maintained in any court of this state to require the registry to disclose identifying information. [1983 c.672 �5]

�� Note: See note under 109.425.

�� 109.450 Child placement agency to maintain registry; Department of Human Services duties. (1) A voluntary adoption registry shall be established and maintained by each agency or its successor agency. An agency may delegate or contract with another agency to establish, maintain and operate the registry for the delegating agency.

�� (2) The Department of Human Services shall establish, maintain and operate the registry for all adoptions not arranged through a licensed agency. The department may contract out the function of establishing, maintaining and operating the registry to another agency. The department may join a voluntary national or international registry and make its records available in the manner authorized by ORS 109.425 to 109.507. However, if the rules of disclosure of such a voluntary organization differ from those prescribed in ORS 109.425 to 109.507, ORS 109.425 to 109.507 shall prevail. [1983 c.672 �6; 1995 c.79 �42; 1995 c.730 �10; 2015 c.200 �16]

�� Note: See note under 109.425.

�� 109.455 Persons eligible to use registry. (1) Only a birth parent, adult adoptee, adult genetic sibling of an adoptee, parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, adoptive parent of a deceased adoptee and parents or adult siblings of a deceased birth parent may use the registry for obtaining identifying information about birth parents, alleged genetic parents, adoptees and genetic siblings of adoptees.

�� (2) An alleged genetic parent may not use the registry to obtain identifying information but may register to authorize release of identifying information under ORS 109.460. [1983 c.672 �7; 1989 c.372 �2; 1997 c.442 �3; 2015 c.200 �3; 2025 c.592 �130]

�� Note: See note under 109.425.

�� 109.460 Persons eligible to register; information authorized for release; expiration of registration on behalf of minor. (1) An adult adoptee, a birth parent, an alleged genetic parent, an adult genetic sibling of an adoptee, a parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling of a deceased birth parent may register with a registry by submitting a signed affidavit to the appropriate registry. The affidavit shall contain the information listed in ORS 109.465 and a statement of the registrant�s willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release to the other relevant persons who register identifying information related to the registrant or, if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, identifying information related to the minor adoptee or sibling. Each registration shall be accompanied by the registrant�s, or if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, the minor�s, certified copy of the record of live birth.

�� (2) At the discretion of the agency operating the registry, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee may register to have specific identifying and contact information disclosed by submitting a signed affidavit containing the information listed in ORS 109.465 and a statement of the registrant�s willingness to be identified to other relevant persons who register.

�� (3) An adoptee, or the parent or guardian of a minor adoptee, may register to have specific identifying information disclosed to Indian tribes or to governmental agencies in order to establish the adoptee�s eligibility for tribal membership or for benefits or to a person settling an estate. The information shall be limited to a true copy of documents that prove the adoptee�s lineage. Information disclosed in accordance with this subsection shall not be disclosed to the adoptee or the parent or guardian of the minor adoptee by the registry or employee or agency operating a registry nor by the Indian tribe, governmental agency or person receiving the information.

�� (4) Registration under this section by the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee expires when the minor reaches 18 years of age. The adoptee or sibling must reregister with a registry as an adult in accordance with this section for identifying information to be released to relevant persons who are registered. If the adoptee or sibling reregisters, the registration fee will be waived.

�� (5) Except as otherwise provided in ORS 109.503, a registry or employee or the agency operating a registry shall not contact or in any other way solicit any adoptee or birth parent to register with the registry. [1983 c.672 �8; 1989 c.372 �6; 1993 c.410 �10; 1997 c.442 �4; 2013 c.366 �57; 2015 c.200 �4; 2025 c.592 �131]

�� Note: See note under 109.425.

�� 109.465 Content of affidavit; notice of change in information. (1) The affidavit required under ORS 109.460 shall contain:

�� (a) The current name and address of the registrant and, where the registrant is the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, the current name and address of the minor adoptee or sibling;

�� (b) Any previous name by which the registrant and, where applicable, the minor, was known;

�� (c) The original or adopted names of the adopted child;

�� (d) The place and date of birth of the adopted child, if known; and

�� (e) The name and address of the agency, if known.

�� (2) The registrant shall notify the registry of any change in name or address that occurs after the registrant registers. Upon registering, the registry shall inform the registrant that the registrant has the responsibility to notify the registry of a change in address. The registry is not required to search for a registrant who fails to notify the registry of a change in address.

�� (3) A registrant may cancel the registrant�s registration at any time by giving the registry written notice of the registrant�s desire to cancel. [1983 c.672 �9; 2015 c.200 �5]

�� Note: See note under 109.425.

�� 109.470 Continuing registration by birth parent or alleged genetic parent; reregistration by minor as adult; fee. (1) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the birth parent does not desire to continue the registration.

�� (2) When an adoptee reaches age 18, an alleged genetic parent of the adoptee, if the alleged genetic parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the alleged genetic parent does not desire to continue the registration.

�� (3) When an adoptee or genetic sibling of an adoptee reaches age 18, the adoptee or sibling, if the parent or guardian of the adoptee or sibling registered with the registry before the adoptee or sibling was age 18, must reregister with the registry as an adult in accordance with ORS 109.460. If the adoptee or sibling reregisters, the registration fee will be waived.

�� (4) A registry shall notify a birth parent, alleged genetic parent or parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee of this requirement when the birth parent, alleged genetic parent or parent or guardian initially registers. [1983 c.672 �10; 1989 c.372 �3; 1997 c.442 �5; 1999 c.650 �1; 2015 c.200 �6; 2025 c.592 �132]

�� Note: See note under 109.425.

�� 109.475 Processing affidavits; notification of match. (1) Upon receipt of the affidavit under ORS