It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
The act of adopting a child establishes a parent-child relationship
between a child and an adult or adults who are not the biological parents.
An adoptive parent takes on the same rights and responsibilities as
the biological parent. The most common kind of adoption is adoption
by a stepparent of a child who is the child of the stepparent’s
spouse. The other usual kind of adoption is adoption of a child by
a single person or a couple who are unrelated to the child in any way.
Because both kinds of adoption affect important parental rights, these
cases can be procedurally complicated. Getting competent legal advice
for this kind of proceeding is strongly advised. Special legal rules
apply if the child who is being adopted is of Native American Indian
descent.
In Oregon, anyone may petition the court for permission to adopt another
person.
A child can be placed by the State of Oregon Department of Human Services,
by a private adoption agency or by a birthparent herself in an independent
adoption. Children can be placed from out-of-state; special requirements
need to be met in order to bring the child to or from Oregon. It is
also possible to adopt children from certain foreign countries; certain
adoption agencies have international adoption programs.
While a birthparent may work with an attorney in placing a child, it
is illegal for a child to be placed by anyone other than a parent or
an adoption agency. In an independent adoption, birthparents and adoptive
parents should have separate counsel. Adoption agencies must be licensed
by the state of Oregon. Paid adoption facilitators are illegal, and
should be avoided.
In a case petitioning to adopt a minor child, the court will not rule
on the petition for at least 90 days after it is filed. During this
time, either the Department of Human Services (DHS) or a licensed adoption
agency will gather information for an adoption study for the court.
The court will need to know about the adoptive parents, including their
mental and physical health, background, criminal history and ability
to provide the child with a good home. This study is not necessary
in the case of a step-parent adoption (unless something of concern
is found in the Oregon State Police/Child Protective Services background
check).
In cases for adoption of a child, it is usually necessary to get the
written consent of both parents of the child. If neither parent is
living, consent must be obtained from the guardian of the child, or
the next of kin in this state if the child has no living parents or
guardian. If there is no one who can give consent, the court may appoint
some suitable person to give or withhold consent. A child who is 14
or older also must consent to his or her own adoption.
If legal custody of the child has been awarded to one of the parents
in a divorce, and the new spouse of the custodial parent wants to adopt
the child, the parent who does not have legal custody may oppose the
adoption, withhold consent, and go to court to tell why.
If a parent has deserted or neglected a child for one year before the
filing of the petition, the court can allow the adoption despite that
parent’s objection. If either parent is mentally ill or mentally
deficient and remains so at the time of the adoption, that person’s
consent may not be required. The same is true if the parent is in a
state or federal prison with a sentence of not less than three years
and has actually served three years. In this situation, the court can
allow the adoption despite that parent’s objection.
If the parents of the child have placed the child for adoption with
DHS or a licensed child-caring agency in Oregon, then the agency may
consent to an adoption. DHS also may do this when the court has permanently
terminated the parental rights of the parents and assigned guardianship
of the child to DHS.
If a mother of a child she wants to give up for adoption was married
at the time of conception or on the birth of the child, the husband’s
consent is usually necessary. His consent is not needed if a court
has ruled that the husband is not the father of the child.
Medical histories of the child and the biological parents are required
to be filed with the court (except in the case of a stepparent adoption).
The names of the biological parents are not included in the medical
history. The histories will be given by the court to the adoptive parents
and also to the adoptee on request after he or she reaches the age
of 18.
The court may order the change of name of the adopted person and require
that a new birth certificate be issued. If the court is satisfied that
the adoption is proper, it issues a judgment ordering that the child
is the child of the petitioners.
When a person to be adopted is 18 years old or is legally married,
that person’s written consent to the adoption may be sufficient
without the consent of any other person.
Adoptees born in Oregon age 21 and over can get information about obtaining
their original birth certificates from the Adoptions Services Unit
at the Department of Human Services, 500 Summer Street NE, Salem, Oregon
97301-1076. Birth parents may fill out a Contact Preference Form, indicating
their desire for contact or no contact, and can provide medical information
to the same address. Information for adoptees and birth parents is
also available online at www.oregon.gov/DHS.
Legal editor: Laurence Spiegel, June 2008