ORS § 109.814 — OR Code / Title 11 / Chapter 109 / Section 109.814
109.814 Recognition and enforcement
Status: in_force

A court of this state shall accord full faith and credit to an order issued by another state and consistent with ORS 109.701 (Short title) to 109.834 (Severability clause) that enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under ORS 109.741 (Initial child custody jurisdiction) to 109.771 (Appearance of parties and child) . [1999 c.649 §35]

Note: See note under 109.701 (Short title) .

Source: Section 109.814 — Recognition and enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.174 — OR Code / Title 11 / Chapter 107 / Section 107.174
107.174 Modification of order for parenting time
Status: in_force

(1) Except as otherwise provided in this subsection, the court shall order modification under ORS 107.135 (Vacation or modification of judgment) of so much of a judgment as relates to the parenting time with a minor child, if the parents submit to the court a stipulation signed by both of the parents and requesting such modification together with a form of order. The stipulation must be declared under penalty of perjury or made under oath or affirmation. The content and form of the stipulation and order shall be as prescribed by the State Court Administrator. At its discretion, the court may order the matter set for a hearing and require the parties to appear personally before the court.

(2) This section shall not apply when the child to whom a duty of support is owed is in another state which has enacted the Uniform Child Custody Jurisdiction Act or the Uniform Child Custody Jurisdiction and Enforcement Act and a court in that state would have subject matter and personal jurisdiction under that Act to determine custody and parenting time rights. [1987 c.795 §12; 1997 c.707 §12; 1999 c.649 §48; 2003 c.576 §115; 2021 c.274 §5]

Source: Section 107.174 — Modification of order for parenting time; stipulation; exception for nonresident child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.301 — OR Code / Title 11 / Chapter 109 / Section 109.301
109.301 Consent to adoption in general
Status: in_force

(1) Except as provided in ORS 109.302 (Consent to adoption of Indian child) to 109.329 (Adoption of person 18 years of age or older or legally married) , consent in writing to the adoption of a minor child pursuant to a petition filed under ORS 109.276 (Petition for adoption) 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) Intentionally left blank —Ed.

(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 (Appointment of guardian pending further adoption proceedings) ;

(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 (Medical history of child and biological parents required) 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) Intentionally left blank —Ed.

(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 (Judgment of adoption or readoption) , 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 (Establishing parentage) . [Formerly 109.321]

Source: Section 109.301 — Consent to adoption in general , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 110.637 — OR Code / Title 11 / Chapter 110 / Section 110.637
110.637 Notice to issuing tribunal of modification of order
Status: in_force

Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. [2015 c.298 §59]

Source: Section 110.637 — Notice to issuing tribunal of modification of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 108.725 — OR Code / Title 11 / Chapter 108 / Section 108.725
108.725 Party may prove agreement unenforceable
Status: in_force

(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:

(a) That party did not execute the agreement voluntarily; or

(b) The agreement was unconscionable when it was executed and, before execution of the agreement, that party:

(A) Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;

(B) Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and

(C) Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.

(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance or medical assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.

(3) An issue of whether a premarital agreement is unconscionable shall be decided by the court as a matter of law. [1987 c.715 §6; 2013 c.688 §12]

Note: See note under 108.700 (Definitions for ORS 108.700 to 108.740) .

Source: Section 108.725 — Party may prove agreement unenforceable; when court may require support; determination of unconscionability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 108.715 — OR Code / Title 11 / Chapter 108 / Section 108.715
108.715 Agreement effective upon marriage
Status: in_force

A premarital agreement becomes effective upon marriage. [1987 c.715 §4]

Note: See note under 108.700 (Definitions for ORS 108.700 to 108.740) .

Source: Section 108.715 — Agreement effective upon marriage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 107.106 — OR Code / Title 11 / Chapter 107 / Section 107.106
107.106 Provisions of order or judgment providing for custody, parenting time, visitation or support of child
Status: in_force

(1) An order or judgment providing for the custody, parenting time, visitation or support of a child under ORS chapter 25, 107, 108, 109 or 110 or ORS 419B.400 (Authority to order support) shall include:

(a) Provisions addressing the issues of:

(A) Payment of uninsured medical expenses of the child;

(B) Maintenance of insurance or other security for support; and

(C) Medical support for the child under ORS 25.321 (Definitions for ORS 25.321 to 25.343) to 25.343 (Authorization for reimbursement payments) .

(b) A statement in substantially the following form:

The terms of child support and parenting time (visitation) are designed for the child’s benefit and not the parents’ benefit. You must pay support even if you are not receiving visitation. You must comply with visitation orders even if you are not receiving child support.

Violation of child support orders and visitation orders is punishable by fine, imprisonment or other penalties.

Publicly funded help is available to establish, enforce and modify child support orders. Paternity establishment services are also available. Contact your local district attorney or the Department of Justice at (503) 373-7300 for information.

Publicly funded help may be available to establish, enforce and modify visitation orders. Forms are available to enforce visitation orders. Contact the domestic relations court clerk or civil court clerk for information.

(2) The court or administrative law judge shall ensure the creation and filing of an order or judgment that complies with this section.

(3) This section does not apply to an action undertaken by the Division of Child Support of the Department of Justice or a district attorney under ORS 25.080 (Entity primarily responsible for support enforcement services) . [1995 c.800 §9; 1997 c.249 §36; 1997 c.707 §8; 2003 c.73 §49a; 2003 c.75 §83; 2003 c.637 §17; 2009 c.351 §8; 2021 c.597 §58]

Source: Section 107.106 — Provisions of order or judgment providing for custody, parenting time, visitation or support of child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 108.050 — OR Code / Title 11 / Chapter 108 / Section 108.050
108.050 Nonliability of spouse’s property for other spouse’s obligations
Status: in_force

The property and pecuniary rights of every spouse in a marriage acquired at the time of the marriage or afterwards, including real or personal property acquired by the spouse’s own labor during the marriage, shall not be subject to the debts or contracts of the other spouse. [Amended by 2015 c.629 §19]

Source: Section 108.050 — Nonliability of spouse’s property for other spouse’s obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 109.251 — OR Code / Title 11 / Chapter 109 / Section 109.251
109.251 “Blood tests” defined
Status: in_force

As used in ORS 109.250 (Short title) to 109.262 (Uniformity of interpretation) , “blood tests” includes any test for genetic markers to determine parentage of a type generally acknowledged as reliable by accreditation bodies designated by the Oregon Health Authority in compliance with the United States Secretary of Health and Human Services, and performed by a laboratory approved by such accreditation body. “Blood tests” includes but is not limited to the Human Leucocyte Antigen Test, the deoxyribonucleic acid test and any test that extracts genetic material from any human tissue. [1981 c.401 §2; 1995 c.608 §5; 1999 c.80 §24; 2009 c.595 §70; 2017 c.651 §26]

Source: Section 109.251 — “Blood tests” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.751 — OR Code / Title 11 / Chapter 109 / Section 109.751
109.751 Temporary emergency jurisdiction
Status: in_force

(1) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

(2) If there is no previous child custody determination that is entitled to be enforced under ORS 109.701 (Short title) to 109.834 (Severability clause) and a child custody proceeding has not been commenced in a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination) , a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination) . If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination) , a child custody determination made under this section becomes a final determination if the determination so provides and this state becomes the home state of the child.

(3) If there is a previous child custody determination that is entitled to be enforced under ORS 109.701 (Short title) to 109.834 (Severability clause) , or a child custody proceeding has been commenced in a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination) , any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination) . The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.

(4) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination) , shall immediately communicate with the other court. A court of this state that is exercising jurisdiction under ORS 109.741 (Initial child custody jurisdiction) to 109.747 (Jurisdiction to modify determination) , upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child and determine a period for the duration of the temporary order. [1999 c.649 §16]

Note: See note under 109.701 (Short title) .

Source: Section 109.751 — Temporary emergency jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.455 — OR Code / Title 11 / Chapter 107 / Section 107.455
107.455 Effect of separation statutes or judgments on subsequent dissolution proceedings
Status: in_force

The provisions of law pertaining to separation are not intended to and shall not repeal or affect any existing law pertaining to the granting of a judgment of dissolution of marriage. The entry of a judgment of separation under ORS 107.475 (Court to determine duration of separation) shall not be a bar to a suit for dissolution by either party. A decree or judgment of dissolution of marriage granted by a court of this or any other state upon constructive service of summons does not affect an award of support or maintenance in a judgment of separation made pursuant to ORS 107.095 (Provisions court may make after commencement of suit and before judgment) or 107.105 (Provisions of judgment) . [Formerly 107.310; 2003 c.576 §126]

Source: Section 107.455 — Effect of separation statutes or judgments on subsequent dissolution proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 108.700 — OR Code / Title 11 / Chapter 108 / Section 108.700
108.700 Definitions for ORS 108.700 to 108.740
Status: in_force

As used in ORS 108.700 (Definitions for ORS 108.700 to 108.740) to 108.740 (Short title) :

(1) “Premarital agreement” means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.

(2) “Property” means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. [1987 c.715 §1]

Note: 108.700 (Definitions for ORS 108.700 to 108.740) to 108.740 (Short title) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 108 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 108.700 — Definitions for ORS 108.700 to 108.740 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 109.278 — OR Code / Title 11 / Chapter 109 / Section 109.278
109.278 ICWA compliance report
Status: in_force

(1) In a proceeding for the adoption or readoption of a minor child, within 90 days after service of a petition or amended petition upon the Director of Human Services as required under ORS 109.285 (Petition for adoption) or 109.385 (Readoption proceeding) , the Department of Human Services shall file with the court an ICWA compliance report. The ICWA compliance report must reflect the department’s review of the petition or amended petition and must advise the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to make the findings required under subsection (2) of this section. Nothing in this subsection or subsection (3) of this section requires the department to make a determination of law regarding the documentation provided by the petitioner.

(2) Intentionally left blank —Ed.

(a) Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) and, if applicable, the notice requirements under ORS 419B.639 (Notice to tribe in emergency proceeding) (2).

(b) Intentionally left blank —Ed.

(A) If the court finds, subject to the procedures under ORS 419B.636 (Inquiry to determine whether child is Indian child) (4), that there is reason to know that the child is an Indian child, the court’s order under this subsection must include a finding regarding whether the proposed adoptive placement complies with the preferences under ORS 419B.654 (Placement preferences) (2). If the court finds that the proposed adoptive placement does not comply with the preferences or that the documentation provided by the petitioner is insufficient for the court to make a finding, the court shall direct the petitioner to amend the petition to cure the deficiency or file a motion under ORS 419B.654 (Placement preferences) (3) for authority to make the placement contrary to the placement preferences under ORS 419B.654 (Placement preferences) (2).

(B) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, the notice requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) and 419B.639 (Notice to tribe in emergency proceeding) (2), or if the documentation supplied by the petitioner is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended petition.

(c) The court shall order the petitioner to appear and show cause why the court should not dismiss the petition if the court directs the petitioner to file an amended petition or a motion under paragraph (b) of this subsection and the petitioner fails to do so within a reasonable amount of time.

(3) Intentionally left blank —Ed.

(a) The department shall, by rule, provide a nonexhaustive description of the documentation that petitioners or moving parties in proceedings under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) may submit to the court to document compliance with the inquiry and notice requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) and (4) and 419B.639 (Notice to tribe in emergency proceeding) (2) and (3) and the placement preferences under ORS 419B.654 (Placement preferences) , including:

(A) Descriptions of the consultations the petitioner or moving party made with the individuals described in ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) and the responses the petitioner or moving party obtained;

(B) Descriptions of any oral responses and copies of any written responses the petitioner or moving party obtained from the individuals described in ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) or 419B.639 (Notice to tribe in emergency proceeding) (3);

(C) Copies of any identification cards or other records indicating the membership of the child or the child’s parent in an Indian tribe;

(D) Copies of any tribal court records regarding the Indian child;

(E) Any reports, declarations or testimony on the record documenting the due diligence of the petitioner or moving party to identify and work with all of the tribes of which the petitioner or moving party has reason to know that the child may be a member or in which the child may be eligible for membership; and

(F) The declaration of compliance regarding ORS 419B.639 (Notice to tribe in emergency proceeding) (2) notices the petitioner sent, as described in ORS 109.285 (Petition for adoption) (5)(d) and 109.385 (Readoption proceeding) (7)(b).

(b) The department shall adopt any other rules for the preparation of ICWA compliance reports that are necessary for the department to carry out the department’s duties under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) .

(c) The State Court Administrator may prepare and make available to the public forms and information to assist petitioners to comply with the requirements under this section, ORS 109.285 (Petition for adoption) , 109.385 (Readoption proceeding) , 419B.636 (Inquiry to determine whether child is Indian child) (2), 419B.639 (Notice to tribe in emergency proceeding) (2) and (3) and 419B.654 (Placement preferences) (2) and (3) and any related rules, including:

(A) Forms of petitions required under ORS 109.285 (Petition for adoption) and 109.385 (Readoption proceeding) , motions to request a deviation from the placement preferences under ORS 419B.654 (Placement preferences) (3) and notices required under ORS 419B.639 (Notice to tribe in emergency proceeding) (2); and

(B) Worksheets and checklists to assist petitioners with the inquiry required under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2), the notices required under ORS 419B.639 (Notice to tribe in emergency proceeding) (2) and assessing whether proposed adoptive placements satisfy the preferences under ORS 419B.654 (Placement preferences) (2).

(d) The Judicial Department may design and offer trainings to courts having jurisdiction over adoption matters regarding the application of ORS 419B.600 (Policy on Indian child welfare) to 419B.654 (Placement preferences) to adoptions of minor children, including but not limited to identifying when there is reason to know that the child is an Indian child and making findings regarding the sufficiency of inquiry and notice and the appropriateness of adoptive placements. [2021 c.398 §7]

Source: Section 109.278 — ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 108.045 — OR Code / Title 11 / Chapter 108 / Section 108.045
108.045 Liability of stepparent for expenses of family and education of children
Status: in_force

(1) The expenses of the family and the education of the minor children, including stepchildren, are chargeable upon the property of both spouses in a marriage who are parents or stepparents of the minor children, or either of them. However, with regard to stepchildren, the obligation shall cease upon entry of a judgment of dissolution.

(2) As used in this section, “stepchild” means a child under the age of 18, or a child attending school as defined in ORS 107.108 (Support or maintenance for child attending school) who is in the custody of one biological or adoptive parent who is married to and not legally separated from a person other than the second biological or adoptive parent of such child.

(3) Notwithstanding subsection (1) of this section, the legal duty of a parent to provide support for a child, as otherwise required by law, shall not be affected. [Formerly 109.053; 2015 c.629 §18]

Note: 108.045 (Liability of stepparent for expenses of family and education of children) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 108 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 108.045 — Liability of stepparent for expenses of family and education of children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 109.119 — OR Code / Title 11 / Chapter 109 / Section 109.119
109.119 Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship
Status: in_force

(1) Except as otherwise provided in subsection (9) of this section, any person, including but not limited to a related or nonrelated foster parent, stepparent, grandparent or relative by blood or marriage, who has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child may petition or file a motion for intervention with the court having jurisdiction over the custody, placement or guardianship of that child, or if no such proceedings are pending, may petition the court for the county in which the child resides, for an order providing for relief under subsection (3) of this section.

(2) Intentionally left blank —Ed.

(a) In any proceeding under this section, there is a presumption that the legal parent acts in the best interest of the child.

(b) In an order granting relief under this section, the court shall include findings of fact supporting the rebuttal of the presumption described in paragraph (a) of this subsection.

(c) The presumption described in paragraph (a) of this subsection does not apply in a proceeding to modify an order granting relief under this section.

(3) Intentionally left blank —Ed.

(a) If the court determines that a child-parent relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by a preponderance of the evidence, the court shall grant custody, guardianship, right of visitation or other right to the person having the child-parent relationship, if to do so is in the best interest of the child. The court may determine temporary custody of the child or temporary visitation rights under this paragraph pending a final order.

(b) If the court determines that an ongoing personal relationship exists and if the court determines that the presumption described in subsection (2)(a) of this section has been rebutted by clear and convincing evidence, the court shall grant visitation or contact rights to the person having the ongoing personal relationship, if to do so is in the best interest of the child. The court may order temporary visitation or contact rights under this paragraph pending a final order.

(4) Intentionally left blank —Ed.

(a) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award visitation or contact rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(B) Circumstances detrimental to the child exist if relief is denied;

(C) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor;

(D) Granting relief would not substantially interfere with the custodial relationship; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

(b) In deciding whether the presumption described in subsection (2)(a) of this section has been rebutted and whether to award custody, guardianship or other rights over the objection of the legal parent, the court may consider factors including, but not limited to, the following, which may be shown by the evidence:

(A) The legal parent is unwilling or unable to care adequately for the child;

(B) The petitioner or intervenor is or recently has been the child’s primary caretaker;

(C) Circumstances detrimental to the child exist if relief is denied;

(D) The legal parent has fostered, encouraged or consented to the relationship between the child and the petitioner or intervenor; or

(E) The legal parent has unreasonably denied or limited contact between the child and the petitioner or intervenor.

(5) In addition to the other rights granted under this section, a stepparent with a child-parent relationship who is a party in a dissolution proceeding may petition the court having jurisdiction for custody or visitation under this section or may petition the court for the county in which the child resides for adoption of the child. The stepparent may also file for post-judgment modification of a judgment relating to child custody.

(6) Intentionally left blank —Ed.

(a) A motion for intervention filed under this section shall comply with ORCP 33 and state the grounds for relief under this section.

(b) Costs for the representation of an intervenor under this section may not be charged against funds appropriated for public defense services.

(7) In a proceeding under this section, the court may:

(a) Cause an investigation, examination or evaluation to be made under ORS 107.425 (Investigation of parties in domestic relations suit involving children) or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist the parties in creating and implementing parenting plans under ORS 107.425 (Investigation of parties in domestic relations suit involving children) (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 (Definitions) whose rights have not been terminated under ORS 419B.500 (Termination of parental rights generally) to 419B.524 (Effect of termination order) .

(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]

Source: Section 109.119 — Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship; presumption regarding legal parent; motion for intervention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.116 — OR Code / Title 11 / Chapter 109 / Section 109.116
109.116 Validity of putative father’s authorization, release or waiver
Status: in_force

Any authorization, release or waiver given by the putative father with reference to the custody or adoption of the child or the termination of parental rights shall be valid even if given prior to the child’s birth. [1975 c.640 §11]

Source: Section 109.116 — Validity of putative father’s authorization, release or waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.073 — OR Code / Title 11 / Chapter 109 / Section 109.073
109.073 Social Security number of parent in paternity order
Status: in_force

Except as otherwise provided in ORS 25.020 (When support payment to be made to Department of Justice) , the final four digits of the Social Security number of a parent who is subject to a parentage determination pursuant to ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) or 109.065 (Establishing parentage) (1)(e) or (g) shall be included in the order, judgment or other declaration establishing paternity. [1997 c.746 §123; 1999 c.80 §94; 2005 c.160 §§12,18; 2015 c.197 §5; 2017 c.651 §17]

Note: 109.073 (Social Security number of parent in paternity order) 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.

Source: Section 109.073 — Social Security number of parent in paternity order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 108.060 — OR Code / Title 11 / Chapter 108 / Section 108.060
108.060 Noninterest of one spouse in property of other spouse
Status: in_force

When property is owned by either spouse in a marriage, the other spouse has no interest in that property that can be the subject of contract between the spouses, or that can make the spouses liable for the contracts or liabilities of the other spouse who is not the owner of the property, except as provided in ORS 108.040 (Liability of parents for expenses of family and education of children) . [Amended by 2015 c.629 §20]

Source: Section 108.060 — Noninterest of one spouse in property of other spouse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 109.504 — OR Code / Title 11 / Chapter 109 / Section 109.504
109.504 Effect on subsequent searches when person sought in initial search refuses contact
Status: in_force

(1) If an adult adoptee or the adoptive parent of a minor or deceased adoptee has initiated a search under ORS 109.502 (Search for birth parents, putative father, genetic siblings or county where adoption finalized) , the fact that the person being sought in the original search does not wish to make contact does not prevent the adult adoptee or the adoptive parent from requesting another search for a birth parent or putative father not previously contacted.

(2) An adult adoptee or the adoptive parent of a minor or deceased adoptee may not request a search for a minor genetic sibling of the adoptee if the parental rights of the birth parent to the minor genetic sibling have not been terminated by death or otherwise and the adoptee and the minor genetic sibling share that same birth parent.

(3) The adult adoptee or adoptive parent of a minor or deceased adoptee shall request the search by repeating the process set out in ORS 109.502 (Search for birth parents, putative father, genetic siblings or county where adoption finalized) and by paying the fees established by the Department of Human Services pursuant to ORS 109.506 (Rulemaking) . [1993 c.410 §5; 1997 c.442 §11; 2015 c.200 §12]

Note: See note under 109.425 (Definitions for ORS 109.425 to 109.507) .

Source: Section 109.504 — Effect on subsequent searches when person sought in initial search refuses contact; other restrictions on searches , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.718 — OR Code / Title 11 / Chapter 107 / Section 107.718
107.718 Restraining order
Status: in_force

(1) When a person files a petition under ORS 107.710 (Petition to circuit court for relief) , the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a showing that the petitioner has been the victim of abuse committed by the respondent within 180 days preceding the filing of the petition, that there is an imminent danger of further abuse to the petitioner and that the respondent represents a credible threat to the physical safety of the petitioner or the petitioner’s child, the court shall, if requested by the petitioner, order:

(a) Except as provided in subsection (2) of this section, that temporary custody of the children of the parties be awarded to the petitioner or, at the request of the petitioner, to the respondent, subject to reasonable parenting time rights of the noncustodial parent, which the court shall order, unless such parenting time is not in the best interest of the child;

(b) That the respondent be required to move from the petitioner’s residence, if in the sole name of the petitioner or if it is jointly owned or rented by the petitioner and the respondent, or if the parties are married to each other;

(c) That the respondent be restrained from entering, or attempting to enter, a reasonable area surrounding the petitioner’s current or subsequent residence if the respondent is required to move from petitioner’s residence;

(d) That a peace officer accompany the party who is leaving or has left the parties’ residence to remove essential personal effects of the party or the party’s children, or both, including but not limited to clothing, toiletries, diapers, medications, Social Security cards, certified copies of records of live birth, identification and tools of the trade;

(e) That the respondent be restrained from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner;

(f) That the respondent be restrained from intimidating, molesting, interfering with or menacing any children in the custody of the petitioner, or attempting to intimidate, molest, interfere with or menace any children in the custody of the petitioner;

(g) That the respondent be restrained from entering, or attempting to enter, on any premises and a reasonable area surrounding the premises when it appears to the court that such restraint is necessary to prevent the respondent from intimidating, molesting, interfering with or menacing the petitioner or children whose custody is awarded to the petitioner;

(h) Other relief that the court considers necessary to:

(A) Provide for the safety and welfare of the petitioner and the children in the custody of the petitioner, including but not limited to emergency monetary assistance from the respondent; and

(B) Prevent the neglect and protect the safety of any service or therapy animal or any animal kept for personal protection or companionship, but not an animal kept for any business, commercial, agricultural or economic purpose; or

(i) Except as described in subsection (12) of this section or parenting time ordered under this section, that the respondent have no contact with the petitioner in person, by telephone or by mail.

(2) If the court determines that exceptional circumstances exist that affect the custody of a child, the court shall order the parties to appear and provide additional evidence at a hearing to determine temporary custody and resolve other contested issues. Pending the hearing, the court may make any orders regarding the child’s residence and the parties’ contact with the child that the court finds appropriate to provide for the child’s welfare and the safety of the parties. The court shall set a hearing time and date as provided in ORS 107.716 (Hearing) (2) and issue a notice of the hearing at the same time the court issues the restraining order.

(3) The court’s order under subsection (1) of this section is effective for a period of two years or until the order is withdrawn or amended, or until the order is superseded as provided in ORS 107.722 (Effect of dissolution, annulment or separation judgment or modification order on abuse prevention order) , whichever is sooner.

(4) If respondent is restrained from entering, or attempting to enter, an area surrounding petitioner’s residence or any other premises, the order restraining respondent shall specifically describe the area.

(5) Imminent danger under this section includes but is not limited to situations in which the respondent has recently threatened petitioner with additional bodily harm.

(6) If the court awards parenting time to a parent who committed abuse, the court shall make adequate provision for the safety of the child and of the petitioner. The order of the court may include, but is not limited to, the following:

(a) That exchange of a child between parents shall occur at a protected location.

(b) That parenting time be supervised by another person or agency.

(c) That the perpetrator of the abuse be required to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators or any other counseling program designated by the court as a condition of the parenting time.

(d) That the perpetrator of the abuse not possess or consume alcohol or controlled substances during the parenting time and for 24 hours preceding the parenting time.

(e) That the perpetrator of the abuse pay all or a portion of the cost of supervised parenting time, and any program designated by the court as a condition of parenting time.

(f) That no overnight parenting time occur.

(7) The State Court Administrator shall prescribe the content and form of the petition, order and related forms for use under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) . The clerk of the court shall make available the forms and an instructional brochure explaining the rights set forth under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) .

(8) If the court orders relief:

(a) The clerk of the court shall provide without charge the number of certified true copies of the petition and order necessary to provide the petitioner with one copy and to effect service and shall have a true copy of the petition and order delivered to the county sheriff for service upon the respondent, unless the court finds that further service is unnecessary because the respondent appeared in person before the court. In addition and upon request by the petitioner, the clerk shall provide the petitioner, without charge, two exemplified copies of the petition and order.

(b) The county sheriff shall serve the respondent personally unless the petitioner elects to have the respondent served personally by a private party or by a peace officer who is called to the scene of a domestic disturbance at which the respondent is present, and who is able to obtain a copy of the order within a reasonable amount of time. Proof of service shall be made in accordance with ORS 107.720 (Enforcement of restraining orders) . When the order does not contain the respondent’s date of birth and service is effected by the sheriff or other peace officer, the sheriff or officer shall verify the respondent’s date of birth with the respondent and shall record that date on the order or proof of service entered into the Law Enforcement Data System under ORS 107.720 (Enforcement of restraining orders) .

(c) No filing fee, service fee or hearing fee shall be charged for proceedings seeking only the relief provided under ORS 107.700 (Short title) to 107.735 (Duties of State Court Administrator) .

(9) If the county sheriff:

(a) Determines that the order and petition are incomplete, the sheriff shall return the order and petition to the clerk of the court. The clerk of the court shall notify the petitioner, at the address provided by the petitioner, of the error or omission.

(b) After accepting the order and petition, cannot complete service within 10 days, the sheriff shall notify the petitioner, at the address provided by the petitioner, that the documents have not been served. If the petitioner does not respond within 10 days, the sheriff shall hold the order and petition for future service and file a return to the clerk of the court showing that service was not completed.

(10) Intentionally left blank —Ed.

(a) Within 30 days after a restraining order is served under this section, the respondent therein may request a court hearing upon any relief granted. The hearing request form shall be available from the clerk of the court in the form prescribed by the State Court Administrator.

(b) If the respondent requests a hearing under paragraph (a) of this subsection, the clerk of the court shall notify the petitioner of the date and time of the hearing, and shall supply the petitioner with a copy of the respondent’s request for a hearing. The petitioner shall give to the clerk of the court information sufficient to allow such notification.

(c) The hearing shall not be limited to the issues raised in the respondent’s request for hearing form. If the respondent seeks to raise an issue at the hearing not previously raised in the request for hearing form, or if the petitioner seeks relief at the hearing not granted in the original order, the other party shall be entitled to a reasonable continuance for the purpose of preparing a response to the issue.

(11) If the respondent fails to request a hearing within 30 days after a restraining order is served, the restraining order is confirmed by operation of law. The provisions of this section are sufficient to meet the due process requirements of 18 U.S.C. 922(g) in that the respondent received actual notice of the right to request a hearing and the opportunity to participate at the hearing but the respondent failed to exercise those rights.

(12) Service of process or other legal documents upon the petitioner is not a violation of this section if the petitioner is served as provided in ORCP 7 or 9. [1981 c.780 §4; 1983 c.561 §2; 1985 c.629 §4; 1987 c.805 §4; 1989 c.605 §1; 1991 c.303 §2; 1991 c.382 §2; 1991 c.724 §22; 1993 c.375 §2; 1993 c.643 §2; 1995 c.637 §5; 1995 c.794 §1a; 1997 c.607 §1; 1997 c.707 §16; 1997 c.863 §4; 1999 c.617 §2; 1999 c.1052 §§9,9a; 2005 c.536 §2; 2007 c.11 §7; 2009 c.359 §1; 2011 c.274 §1; 2013 c.366 §55; 2023 c.140 §1]

Note: See note under 107.716 (Hearing) .

Source: Section 107.718 — Restraining order; service of order; request for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 108.080 — OR Code / Title 11 / Chapter 108 / Section 108.080
108.080 Civil remedies between spouses in respect of separate property
Status: in_force

Should either spouse in a marriage obtain possession or control of property belonging to the other spouse either before or after marriage, the owner of the property may maintain an action for possession and control of the property, or for any right growing out of the ownership of the property, in the same manner and to the same extent as if the spouses were unmarried. [Amended by 2015 c.629 §21]

Source: Section 108.080 — Civil remedies between spouses in respect of separate property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 107.139 — OR Code / Title 11 / Chapter 107 / Section 107.139
107.139 Post-judgment ex parte temporary custody or parenting time order
Status: in_force

(1) Intentionally left blank —Ed.

(a) Following entry of a judgment, a court may enter ex parte a temporary order providing for the custody of, or parenting time with, a child if:

(A) A parent of the child is present in court and presents an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, alleging that the child is in immediate danger;

(B) The parent has made a good faith effort to confer with the other party regarding the purpose and time of this court appearance; and

(C) The court finds by clear and convincing evidence, based on the facts presented in the parent’s testimony, the parent’s affidavit or declaration under penalty of perjury and the testimony of the other party, if the other party is present, that the child is in immediate danger.

(b) The party requesting an order under this subsection shall provide the court with telephone numbers where the party can be reached at any time during the day and a contact address.

(c) A copy of the order and the supporting affidavit or declaration under penalty of perjury must be served on the other party in the manner of service of a summons under ORCP 7. The order must include the following statement:

Notice: You may request a hearing on this order as long as it remains in effect by filing with the court a request for a hearing. In the request you must tell the court and the other party that you object to the order on the ground that the child was not in immediate danger at the time the order was issued. In the request you must also inform the court of your telephone number or contact number and your current residence, mailing or contact address.

(2) Intentionally left blank —Ed.

(a) A party against whom an order is entered under subsection (1) of this section may request a hearing by filing with the court a hearing request described in subsection (1) of this section at any time while the order is in effect.

(b) The court shall hold a hearing within 14 days after receipt of the request for the hearing. The court shall notify each party of the time, date and place of the hearing.

(c) An order issued under subsection (1) of this section remains in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause, the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court shall vacate the order.

(d) The issue at a hearing to contest a temporary order for the custody of, or parenting time with, a child is limited to whether the child was in immediate danger at the time the order was issued.

(3) The State Court Administrator shall prescribe the content and form of a request for a hearing described in this section.

(4) A party seeking relief under this section shall concurrently file, or have pending, a motion under ORS 107.135 (Vacation or modification of judgment) to set aside, alter or modify any portion of the judgment that provides for custody, parenting time or visitation. [1997 c.386 §2; 1997 c.707 §6a; 2007 c.11 §2; 2011 c.114 §3; 2015 c.121 §6]

Source: Section 107.139 — Post-judgment ex parte temporary custody or parenting time order; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.327 — OR Code / Title 11 / Chapter 109 / Section 109.327
109.327 Consent by organization located outside Oregon
Status: in_force

(1) An agency or other organization, public or private, located entirely outside of this state, or an authorized officer or executive thereof, acting in loco parentis, may consent to the adoption of a child under the custody, control or guardianship of such agency or organization or officer or executive thereof, if such agency or organization or officer or executive thereof is licensed or otherwise has authority in the jurisdiction in which such agency or other organization is located to consent to adoptions in loco parentis. When consent is given under this section, no other consent is required. The license or other authority to consent to adoption in loco parentis shall be conclusively presumed upon the filing with the court of a duly certified statement from an appropriate governmental agency of such other state that such agency or organization or officer or executive is licensed or otherwise has authority in such state to consent to adoptions in loco parentis.

(2) When consent is given under this section, there shall be filed in the adoption proceeding:

(a) A certified copy of the court order, or the written authorization from the parent, parents or other person, or both a court order and such written authorization, as the case may be, that enables consent to be given in loco parentis under the law of such other jurisdiction; and

(b) Written formal consent by the agency or other organization, or the officer or executive thereof, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. [Formerly 109.318]

Source: Section 109.327 — Consent by organization located outside Oregon , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 110.522 — OR Code / Title 11 / Chapter 110 / Section 110.522
110.522 Initiating and responding tribunals
Status: in_force

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country. [2015 c.298 §9]

Source: Section 110.522 — Initiating and responding tribunals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 110.542 — OR Code / Title 11 / Chapter 110 / Section 110.542
110.542 Proceedings under this chapter
Status: in_force

(1) Except as otherwise provided in this chapter, ORS 110.542 (Proceedings under this chapter) to 110.591 (Receipt and disbursement of payments) apply to all proceedings under this chapter.

(2) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent. [2015 c.298 §18]

Source: Section 110.542 — Proceedings under this chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 108.010 — OR Code / Title 11 / Chapter 108 / Section 108.010
108.010 Removal of spouse’s civil disabilities
Status: repealed

(1) All laws that impose or recognize civil disabilities upon a spouse in a marriage that are not imposed upon or recognized as existing with respect to the other spouse are hereby repealed.

(2) All civil rights belonging to a spouse in a marriage not conferred upon the other spouse prior to June 14, 1941, or that the other spouse does not have at common law, are hereby conferred upon the other spouse, including, but not limited to, the right of action for loss of consortium of the spouse. [Amended by 2015 c.629 §14]

Source: Section 108.010 — Removal of spouse’s civil disabilities; spouse’s civil rights same as other spouse’s , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 107.095 — OR Code / Title 11 / Chapter 107 / Section 107.095
107.095 Provisions court may make after commencement of suit and before judgment
Status: in_force

(1) After the commencement of a suit for marital annulment, dissolution or separation and until a general judgment therein, the court may provide as follows:

(a) That a party pay to the other party such amount of money as may be necessary to enable the other party to prosecute or defend the suit, including costs of expert witnesses, and also such amount of money to the other party as may be necessary to support and maintain the other party.

(b) For the care, custody, support and maintenance, by one party or jointly, of the minor children as described in ORS 107.105 (Provisions of judgment) (1)(a) and for the parenting time rights as described in ORS 107.105 (Provisions of judgment) (1)(b) of the parent not having custody of such children.

(c) For the restraint of a party from molesting or interfering in any manner with the other party or the minor children.

(d) That if minor children reside in the family home and the court considers it necessary for their best interest to do so, the court may require either party to move out of the home for such period of time and under such conditions as the court may determine, whether the home is rented, owned or being purchased by one party or both parties.

(e) Restraining and enjoining either party or both from encumbering or disposing of any of the real or personal property of either or both of the parties, except as ordered by the court.

(f) For the temporary use, possession and control of the real or personal property of the parties or either of them and the payment of installment liens and encumbrances thereon.

(g) That even if no minor children reside in the family home, the court may require one party to move out of the home for such period of time and under such conditions as the court determines, whether the home is rented, owned or being purchased by one party or both parties if that party assaults or threatens to assault the other.

(2) A limited judgment under ORS chapter 18 may be entered in an action for dissolution or annulment of a marriage providing for a support award, as defined by ORS 18.005 (Definitions) , or other money award, as defined by ORS 18.005 (Definitions) . Notwithstanding ORS 19.255 (Time for service and filing of notice of appeal) , a limited judgment entered under this subsection may not be appealed. Any decision of the court in a limited judgment subject to this subsection may be appealed as otherwise provided by law upon entry of a general judgment.

(3) The court shall not require an undertaking in case of the issuance of an order under subsection (1)(c), (d), (e), (f) or (g) of this section.

(4) In a suit for annulment or dissolution of marriage or for separation, wherein the parties are copetitioners or the respondent is found by the court to be in default or the respondent having appeared has waived further appearance or the parties stipulate to the entry of a judgment, the court may, when the cause is otherwise ready for hearing on the merits, in lieu of such hearing, enter a judgment of annulment or dissolution or for separation based upon a current affidavit or declaration under penalty of perjury in the form required by ORCP 1 E, executed by the petitioner or copetitioners, setting forth a prima facie case, and covering such additional matters as the court may require. If custody of minor children is involved, then the affidavit or declaration under penalty of perjury must also include the name of the party with whom the children currently reside and the length of time they have so resided.

(5) When a court orders relief under subsection (1)(c) or (d) of this section, the court may include in its order an expiration date for the order to allow entry of the order into the Law Enforcement Data System and the databases of the National Crime Information Center of the United States Department of Justice as provided in ORS 107.720 (Enforcement of restraining orders) . If the person being restrained was provided notice and an opportunity to be heard, the court shall also include in the order, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) or (g)(8) to affect the person’s ability to possess firearms and ammunition or engage in activities involving firearms. [1971 c.280 §12; 1973 c.502 §7; 1977 c.205 §1; 1977 c.847 §1; 1977 c.878 §1a; 1979 c.86 §1; 1981 c.668 §1; 1987 c.873 §27; 1987 c.885 §1; 1991 c.82 §1; 1993 c.223 §4; 1993 c.716 §2; 1997 c.704 §41; 1997 c.707 §5; 1999 c.569 §2; 1999 c.1052 §5; 2001 c.286 §1; 2003 c.576 §107; 2011 c.115 §1; 2013 c.155 §3; 2015 c.121 §3]

Source: Section 107.095 — Provisions court may make after commencement of suit and before judgment; entry of judgment upon affidavit or declaration under penalty of perjury establishing prima facie case , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.264 — OR Code / Title 11 / Chapter 109 / Section 109.264
109.264 Parties
Status: in_force

In any action under ORS 109.250 (Short title) to 109.262 (Uniformity of interpretation) , the mother, the putative father, if any, the alleged parent and the state are parties. [1993 c.596 §23; 2017 c.651 §30]

Source: Section 109.264 — Parties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 106.310 — OR Code / Title 11 / Chapter 106 / Section 106.310
106.310 Definitions for ORS 106.300 to 106.340
Status: in_force

As used in ORS 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) (Oregon Family Fairness Act):

(1) “Domestic partnership” means a civil contract described in ORS 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) entered into in person between two individuals who are at least 18 years of age, who are otherwise capable and at least one of whom is a resident of Oregon.

(2) “Partner” means an individual joined in a domestic partnership. [2007 c.99 §3; 2009 c.561 §1; 2023 c.20 §1]

Note: See note under 106.300 (Short title) .

Source: Section 106.310 — Definitions for ORS 106.300 to 106.340 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors106.­html (accessed May 26, 2025).
ORS § 109.470 — OR Code / Title 11 / Chapter 109 / Section 109.470
109.470 Continuing registration by birth parent or putative father
Status: in_force

(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, a putative father of the adoptee, if the putative father registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the putative father 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 (Persons eligible to register) . If the adoptee or sibling reregisters, the registration fee will be waived.

(4) A registry shall notify a birth parent, putative father or parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee of this requirement when the birth parent, putative father 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]

Note: See note under 109.425 (Definitions for ORS 109.425 to 109.507) .

Source: Section 109.470 — Continuing registration by birth parent or putative father; reregistration by minor as adult; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 108.730 — OR Code / Title 11 / Chapter 108 / Section 108.730
108.730 Effect of void marriage
Status: in_force

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. [1987 c.715 §7]

Note: See note under 108.700 (Definitions for ORS 108.700 to 108.740) .

Source: Section 108.730 — Effect of void marriage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 109.281 — OR Code / Title 11 / Chapter 109 / Section 109.281
109.281 Financial disclosure statement to be filed with petition
Status: in_force

(1) Each adoption petition filed pursuant to ORS 109.276 (Petition for adoption) seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs and expenses related to the adoption, including all legal, medical, living and travel expenses. The form of the disclosure statement shall be prescribed by the Department of Human Services after consultation with approved Oregon licensed adoption agencies.

(2) A court may not grant a judgment for an adoption of a minor child in the absence of a placement report by the department or an Oregon licensed adoption agency unless the filing of such report has been waived by the department. A court may not grant a judgment for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioner’s knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption.

(3) A person may not charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS chapter 418 may charge reasonable fees for services provided by them.

(4) Intentionally left blank —Ed.

(a) It is unlawful for any person to advertise:

(A) A child offered or wanted for adoption; or

(B) That the person is able to place, locate, dispose of or receive a child for adoption.

(b) The provisions of paragraph (a) of this subsection do not apply to:

(A) The department or a licensed Oregon adoption agency or an agent, employee or person with whom the department or adoption agency has a contract authorizing such actions; or

(B) A person who has completed a home study as required by ORS 109.276 (Petition for adoption) (7) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person’s attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The person’s attorney must be licensed to practice in Oregon.

(c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorney’s availability to provide services related to the adoption of children.

(d) As used in this subsection, unless the context requires otherwise, “advertise” means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. [Formerly 109.311]

Source: Section 109.281 — Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.085 — OR Code / Title 11 / Chapter 107 / Section 107.085
107.085 Petition
Status: in_force

(1) A suit for marital annulment, dissolution or separation shall be entitled: “IN THE MATTER OF THE MARRIAGE OF (names of parties): PETITION FOR (ultimate relief sought).” The moving party shall be designated as the “Petitioner” and the other party the “Respondent.” Nothing in this section shall preclude both parties from acting as “Copetitioners.”

(2) The petitioner shall state the following in the petition:

(a) The names and dates of birth of all of the children born or adopted during the marriage, and a reference to and expected date of birth of any children conceived during the marriage but not yet born;

(b) The names and dates of birth of all children born to the parties prior to the marriage;

(c) To the extent known:

(A) Whether there is pending in this state or any other jurisdiction a domestic relations suit, as defined in ORS 107.510 (Definitions for ORS 107.510 to 107.610) ;

(B) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving dependents of the same marriage, including one brought under this section or ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) , 108.110 (Petition for support of spouse and children) , 109.100 (Petition for support) , 125.025 (Authority of the court in protective proceedings) or 419B.400 (Authority to order support) or ORS chapter 110;

(C) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503 (Definitions) , involving dependents of the same marriage; and

(D) Whether there exists in this state or any other jurisdiction a protective order between the parties as authorized by ORS 30.866 (Action for issuance or violation of stalking protective order) , 107.700 (Short title) to 107.735 (Duties of State Court Administrator) , 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) , 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order) or 163.760 (Definitions for ORS 163.760 to 163.777) to 163.777 (Fees or undertaking may not be required) , or any other order that restrains one of the parties from contact with the other party or with the parties’ minor children; and

(d) That the petitioner acknowledges that by filing the petition the petitioner is bound by the terms of the restraining order issued under ORS 107.093 (Restraining order) .

(3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2)(c)(B) and (C) of this section.

(4) At or prior to the hearing of a suit for marital annulment, dissolution or separation, the moving party or the party attending the hearing shall file with the court a written statement setting forth the full names and any former names of the parties, the residence, mailing or contact addresses of the parties, the ages of both parties, the date and place of the marriage of the parties, and the names and ages of the children born to or adopted by the parties. This information shall be incorporated in and made a part of the judgment.

(5) If real property is involved, the petitioner may have a notice of pendency of the action recorded at the time the petition is filed, as provided in ORS 93.740 (Notice of lis pendens) .

(6) The Social Security numbers of the parties and of the children born or adopted during the marriage and children born to the parties prior to the marriage shall be provided as established in ORS 107.840 (Confidentiality of Social Security numbers) . [1971 c.280 §2; 1973 c.502 §6; 1979 c.144 §1; 1979 c.421 §14; 1983 c.728 §1; 1987 c.586 §25; 1993 c.448 §4; 2003 c.116 §3; 2003 c.380 §3; 2003 c.414 §4; 2003 c.576 §106; 2015 c.298 §89; 2015 c.399 §1; 2021 c.597 §57]

Source: Section 107.085 — Petition; title; content , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.256 — OR Code / Title 11 / Chapter 109 / Section 109.256
109.256 Compensation of experts
Status: in_force

(1) The compensation of each expert witness appointed by the court or administrator shall be fixed at a reasonable amount. It shall be paid as the court or administrator shall order. The court or administrator may order that the costs of blood tests be paid by the parties in such proportions and at such times as it shall prescribe, or that the proportion of any party be paid by the county in which the proceedings are had, and that, after payment by the parties or such county or both, all or part or none of it be taxed as costs in the action.

(2) The fee of an expert witness called by a party but not appointed by the court or administrator shall be paid by the party calling the witness but shall not be taxed as costs in the action. [1953 c.628 §3; 1983 c.762 §8; 1985 c.671 §44a]

Source: Section 109.256 — Compensation of experts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 110.569 — OR Code / Title 11 / Chapter 110 / Section 110.569
110.569 Duties of Attorney General’s office as state information agency
Status: in_force

(1) The Attorney General’s office is the state information agency under this chapter.

(2) The state information agency shall:

(a) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(b) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(c) Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor’s property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and

(d) Obtain information concerning the location of the obligor and the obligor’s property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor’s address from employers and examination of governmental records including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver licenses and Social Security. [2015 c.298 §27]

Source: Section 110.569 — Duties of Attorney General’s office as state information agency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 110.601 — OR Code / Title 11 / Chapter 110 / Section 110.601
110.601 Contest by obligor
Status: in_force

(1) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in ORS 110.605 (Registration of order for enforcement) to 110.641 (Procedure to modify foreign child support order) or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.

(2) The obligor shall give notice of the contest to:

(a) A support enforcement agency providing services to the obligee;

(b) Each employer that has directly received an income withholding order relating to the obligor; and

(c) The person designated to receive payments in the income withholding order or, if no person is designated, to the obligee. [2015 c.298 §44]

Source: Section 110.601 — Contest by obligor , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 110.629 — OR Code / Title 11 / Chapter 110 / Section 110.629
110.629 Effect of registration of order for modification
Status: in_force

A tribunal of this state may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of ORS 110.632 (Modification of child support order of another state) or 110.636 (Jurisdiction to modify order of another state when individual parties reside in this state) have been met. [2015 c.298 §55]

Source: Section 110.629 — Effect of registration of order for modification , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 109.287 — OR Code / Title 11 / Chapter 109 / Section 109.287
109.287 Adoption Summary and Segregated Information Statement
Status: in_force

(1) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for adoption of a minor child filed under ORS 109.276 (Petition for adoption) . The statement must summarize information in the adoption proceeding and include additional information and attached exhibits as required under this section. 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 names, permanent addresses and telephone numbers of any person whose consent to the adoption is required under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) ;

(d) The name and relationship to the minor child and address of any person or entity for whom the written consent requirement under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) is waived or not required as provided in ORS 109.322 (Consent of parent with mental illness or intellectual disability) , 109.323 (Consent when custody of child has been awarded in divorce proceedings) , 109.324 (Consent when parent has deserted or neglected child) , 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) , 109.326 (Consent when spouse not parent) and 109.327 (Consent by organization located outside Oregon) or ORS 109.302 (Consent to adoption of Indian child) or whose written consent may be substituted for the written consent requirement under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) as provided in ORS 109.302 (Consent to adoption of Indian child) to 109.329 (Adoption of person 18 years of age or older or legally married) ;

(e) Whether there is reason to know that the child is an Indian child;

(f) The information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 (Short title) to 109.834 (Severability clause) except that, when the Department of Human Services or an approved child-caring agency of this or any other state has placed a minor child with a foster parent, the information required under this paragraph regarding the minor child’s address, whereabouts or places the minor child has lived during the past five years, as required under ORS 107.767, is limited to the fact that the minor child was placed with a foster parent and the county and state of the location of the foster care placement, and disclosure of the foster parent’s name and address is specifically exempted from the requirements of this paragraph;

(g) The name, address and telephone number of any adoption agency that will be consenting, or has consented, to the adoption;

(h) The name, bar number and contact information for any attorney representing a petitioner or a person whose consent to the adoption is required under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) ; and

(i) An indication of the type of adoption proceeding as follows:

(A) Private agency adoption, whether domestic or international;

(B) Nonrelated independent adoption;

(C) Readoption of a minor child adopted in a foreign nation under ORS 109.385 (Readoption proceeding) ;

(D) Relative independent adoption;

(E) Stepparent independent adoption;

(F) An independent adoption involving one petitioner who retains parental rights;

(G) Out-of-state public agency adoption;

(H) An adoption in which the Department of Human Services gives consent under ORS 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) ; or

(I) Any other specified adoption.

(2) An Adoption Summary and Segregated Information Statement must, if applicable, have the following attached as exhibits:

(a) A home study or written evidence that a home study has been approved as required by ORS 109.276 (Petition for adoption) , unless waived;

(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 (Reports of adoption) ; and

(c) A medical history of the minor child and of the biological parents as required under ORS 109.342 (Medical history of child and biological parents required) .

(3) A waiver of the home study requirement may be substituted for the requirement under subsection (2)(a) of this section.

(4) The petitioner has a continuing duty to inform the court of any change to the information required under this section or when information that was not previously known or ascertainable becomes known or ascertainable.

(5) The Adoption Summary and Segregated Information Statement and the exhibits submitted under subsection (2) of this section are confidential and may not be inspected or copied except as otherwise provided under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) or 109.425 (Definitions for ORS 109.425 to 109.507) to 109.507 (Access to Department of Human Services records required) . 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. [Formerly 109.317]

Source: Section 109.287 — Adoption Summary and Segregated Information Statement; exhibits; confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 106.100 — OR Code / Title 11 / Chapter 106 / Section 106.100
106.100 County clerk’s records
Status: in_force

(1) The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county. The records must include the names of the parties before and after marriage, the consent of the parent or guardian, if any, the name of the affiant, the substance of the affidavit upon which the license was issued and the date of the license.

(2) Upon return of the completed application, license and record of marriage under ORS 106.170 (Report of marriage to county clerk) , the county clerk shall add the date of the marriage ceremony to the clerk’s records maintained under subsection (1) of this section and file the completed application, license and record of marriage. Except as provided in ORS 205.320 (Fees collected by county clerk) , the county clerk may not charge a fee for filing, recording or indexing the application, license and record of marriage.

(3) The county clerk shall, upon completion of the requirements of this section and ORS 106.077 (Issuance of marriage license) , deliver the original completed application, license and report of marriage to the Center for Health Statistics as required under ORS 432.173 (Mandatory submission and registration of reports of marriage and reports of domestic partnership) .

(4) Notwithstanding any other provision of law, the record of marriage maintained by a county clerk is not a vital record as defined in ORS 432.005 (Definitions) and is a public record open and subject to full disclosure. [Amended by 2007 c.703 §2; 2013 c.341 §2; 2013 c.366 §54]

Source: Section 106.100 — County clerk’s records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors106.­html (accessed May 26, 2025).
ORS § 107.530 — OR Code / Title 11 / Chapter 107 / Section 107.530
107.530 Source of conciliation services
Status: in_force

(1) A circuit court or the circuit courts of a judicial district exercising conciliation jurisdiction may obtain conciliation services, with the prior approval of the governing body of each county involved, by:

(a) Employing or contracting for counselors and other personnel; or

(b) Contracting or entering into agreements with public or private agencies to provide conciliation services to the court or courts.

(2) Subject to the provisions of the Local Budget Law, the compensation and expenses of personnel performing conciliation services for the circuit court or courts and other expenses of providing conciliation services may be paid by the county or as may be agreed upon between the counties involved. Personnel performing conciliation services are not state employees, and their compensation and expenses shall not be paid by the state. [1963 c.434 §3; 1965 c.625 §2; 1981 s.s. c.3 §35]

Source: Section 107.530 — Source of conciliation services; county to pay expenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 107.830 — OR Code / Title 11 / Chapter 107 / Section 107.830
107.830 Physical examination may be ordered
Status: in_force

The court may order a party to undergo a physical examination for the purpose of obtaining life insurance and may order this party to pay any premiums on such policy, except in cases in which the life insurance policy has been obtained under ORS 107.820 (Support order as insurable interest) (3). If life insurance is obtained by a spouse or former spouse with an insurable interest, the person obtaining the policy is responsible for all premiums to be paid and for the choice of policy type and amount. If either party owns life insurance on the life of the paying spouse, and it is allowed to lapse for any reason during the suit, upon the request of the party receiving support, the paying spouse can be ordered to submit to a physical examination for the purpose of renewing the policy, if such examination is a requirement for renewal. [1981 c.775 §12]

Source: Section 107.830 — Physical examination may be ordered; responsibility for premiums , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 110.608 — OR Code / Title 11 / Chapter 110 / Section 110.608
110.608 Effect of registration for enforcement
Status: in_force

(1) A support order or income withholding order issued in another state, or a foreign support order, is registered when the order is filed in the registering tribunal of this state.

(2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

(3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction. [2015 c.298 §48]

Source: Section 110.608 — Effect of registration for enforcement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 109.135 — OR Code / Title 11 / Chapter 109 / Section 109.135
109.135 Circuit court jurisdiction
Status: in_force

(1) All filiation proceedings shall be commenced in the circuit court and shall for all purposes be deemed actions in equity. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Civil Procedure.

(2) All filiation proceedings shall be commenced and tried in the county where either party or the child resides. [1969 c.619 §§2,3,7; 1971 c.191 §2; 1979 c.246 §6; 1981 s.s. c.3 §104; 1983 c.762 §3; 1999 c.80 §22; 2013 c.1 §5; 2013 c.126 §3]

Source: Section 109.135 — Circuit court jurisdiction; equity action; place of commencement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.754 — OR Code / Title 11 / Chapter 109 / Section 109.754
109.754 Notice
Status: in_force

(1) Before a child custody determination is made under ORS 109.701 (Short title) to 109.834 (Severability clause) , notice and an opportunity to be heard in accordance with the standards of ORS 109.724 (Notice to persons outside state) must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated and any person having physical custody of the child.

(2) ORS 109.701 (Short title) to 109.834 (Severability clause) do not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.

(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under ORS 109.701 (Short title) to 109.834 (Severability clause) are governed by the law of this state as in child custody proceedings between residents of this state. [1999 c.649 §17]

Note: See note under 109.701 (Short title) .

Source: Section 109.754 — Notice; opportunity to be heard; joinder , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.560 — OR Code / Title 11 / Chapter 107 / Section 107.560
107.560 Effect of petition
Status: in_force

(1) A petition may be filed under ORS 107.550 (Petition for conciliation jurisdiction) whether or not a domestic relations suit in which the spouses are parties has been commenced. Except as provided in subsection (2) of this section, when a petition for conciliation jurisdiction is filed no trial or hearing on the merits of a domestic relations suit between the parties shall be had until after the expiration of 45 days from the filing of the petition; provided, however, that during this period the court may use its full equity powers to protect and preserve the rights of the spouses.

(2) The court may, in its discretion, waive the 45-day period as prescribed by subsection (1) of this section upon stipulation of the parties or upon written motion supported by affidavit setting forth facts which satisfy the court that such waiver is warranted. [1963 c.434 §6; 1965 c.625 §4; 1975 c.228 §1; 2011 c.114 §2]

Source: Section 107.560 — Effect of petition; waiver , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.237 — OR Code / Title 11 / Chapter 109 / Section 109.237
109.237 Attorney fees
Status: in_force

In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 (Definitions for ORS 109.124 to 109.230) to 109.230 (Legality of contract between mother and father of child born out of wedlock) , the court may render judgment awarding to a party, or directly to the party’s attorney, a sum of money determined to be reasonable as an attorney fee and costs and expenses of suit, which judgment may include expert witness fees, in preparation for and at trial and on appeal. [1989 c.417 §1]

Note: 109.237 (Attorney fees) 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.

Source: Section 109.237 — Attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.346 — OR Code / Title 11 / Chapter 109 / Section 109.346
109.346 Adoption-related counseling for birth parent
Status: in_force

(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 (Definitions for ORS 675.510 to 675.600) 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 (License) 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 (License) , 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 (Adoption-related counseling for birth parent) and 109.347 (Civil action for failure to pay for counseling) 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.

Source: Section 109.346 — Adoption-related counseling for birth parent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.010 — OR Code / Title 11 / Chapter 109 / Section 109.010
109.010 Duty of support
Status: in_force

Parents are bound to maintain their children who are poor and unable to work to maintain themselves; and children are bound to maintain their parents in like circumstances.

Source: Section 109.010 — Duty of support , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.810 — OR Code / Title 11 / Chapter 107 / Section 107.810
107.810 Policy
Status: in_force

It is the policy of the State of Oregon to encourage persons obligated to support other persons as the result of a dissolution or annulment of marriage or as the result of a legal separation to obtain or to cooperate in the obtaining of life insurance adequate to provide for the continued support of those persons in the event of the obligor’s death. [1981 c.775 §9]

Source: Section 107.810 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.465 — OR Code / Title 11 / Chapter 109 / Section 109.465
109.465 Content of affidavit
Status: in_force

(1) The affidavit required under ORS 109.460 (Persons eligible to register) 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 (Definitions for ORS 109.425 to 109.507) .

Source: Section 109.465 — Content of affidavit; notice of change in information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 110.533 — OR Code / Title 11 / Chapter 110 / Section 110.533
110.533 Recognition of controlling child support order
Status: in_force

(1) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the order of that tribunal controls and must be recognized.

(2) If a proceeding is brought under this chapter and two or more child support orders have been issued by tribunals of this state, another state or a foreign country with regard to the same obligor and same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which order controls and must be recognized:

(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter the order of that tribunal controls.

(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter:

(A) An order issued by a tribunal in the current home state of the child controls; or

(B) If an order has not been issued in the current home state of the child, the order most recently issued controls.

(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls.

(3) If two or more child support orders have been issued for the same obligor and same child, upon request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which order controls under subsection (2) of this section. The request may be filed with a registration for enforcement or registration for modification pursuant to ORS 110.605 (Registration of order for enforcement) to 110.641 (Procedure to modify foreign child support order) or may be filed as a separate proceeding.

(4) A request to determine which is the controlling order must be accompanied by a copy of every child support order in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.

(5) The tribunal that issued the controlling order under subsection (1), (2) or (3) of this section has continuing jurisdiction to the extent provided in ORS 110.527 (Continuing, exclusive jurisdiction) or 110.530 (Tribunal of state as initiating or responding tribunal) .

(6) A tribunal of this state that determines by order which is the controlling order under subsection (2)(a) or (b) or (3) of this section or that issues a new controlling order under subsection (2)(c) of this section shall state in that order:

(a) The basis upon which the tribunal made its determination;

(b) The amount of prospective support, if any; and

(c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by ORS 110.537 (Credit for payments) .

(7) Within 30 days after issuance of an order determining which is the controlling order, the party obtaining the order shall file a certified copy of it in each tribunal that issued or registered an earlier order of child support. A party or support enforcement agency obtaining the order that fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.

(8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter. [2015 c.298 §13]

Source: Section 110.533 — Recognition of controlling child support order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 107.449 — OR Code / Title 11 / Chapter 107 / Section 107.449
107.449 Transfer of proceeding under ORS 107.135 to auxiliary court
Status: in_force

(1) Upon motion of a party to a proceeding under ORS 107.135 (Vacation or modification of judgment) (1) that is not otherwise covered under the provisions of ORS 25.100 (Designation of auxiliary court in county where party resides or property located) (1), based upon convenience of the parties, the court that entered the original judgment may enter an order designating an auxiliary court located where either party resides for the purpose of hearing the matter.

(2) Upon entry of an order designating an auxiliary court under this section:

(a) The clerk of the court in which the original order or judgment was entered shall notify the auxiliary court of the order designating the auxiliary court.

(b) The auxiliary court has jurisdiction the same as if it were the court that made and entered the original order or judgment.

(3) The only courts that have jurisdiction to modify any provision of the original order or judgment are:

(a) The court having original jurisdiction of the cause in which the order or judgment was entered; and

(b) An auxiliary court designated under this section.

(4) When an auxiliary court enters an order or judgment under this section, the clerk of the auxiliary court shall forward the order or judgment to the clerk of the court in which the original order or judgment was entered. The clerk of the court in which the original order or judgment was entered shall file the auxiliary court’s order or judgment in the original court file. [1993 c.548 §1; 2003 c.576 §125; 2017 c.252 §7]

Source: Section 107.449 — Transfer of proceeding under ORS 107.135 to auxiliary court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 107.407 — OR Code / Title 11 / Chapter 107 / Section 107.407
107.407 Petition to set aside spousal support provisions of judgment
Status: in_force

If an individual has paid an amount of money in installments for more than 10 years for the support of a former spouse under a judgment of annulment or dissolution of marriage that ordered such payment, and when the former spouse has not made a reasonable effort during that period of time to become financially self-supporting and independent of the support provided under the judgment, the individual paying the support may petition the court that issued the judgment to set aside so much of the judgment as may provide for the support of the former spouse. The petition shall not be granted if spousal support was granted in the judgment in lieu of a share of property in order to provide the other spouse with a tax benefit. [1975 c.500 §2; 1983 c.728 §7; 2003 c.576 §118]

Source: Section 107.407 — Petition to set aside spousal support provisions of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 110.557 — OR Code / Title 11 / Chapter 110 / Section 110.557
110.557 Inappropriate tribunal
Status: in_force

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent. [2015 c.298 §23]

Source: Section 110.557 — Inappropriate tribunal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 107.086 — OR Code / Title 11 / Chapter 107 / Section 107.086
107.086 Where to file petition
Status: in_force

A petition for marital annulment, dissolution or separation may be filed only in a county in which the petitioner or respondent resides. [2003 c.289 §6]

Source: Section 107.086 — Where to file petition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 107.088 — OR Code / Title 11 / Chapter 107 / Section 107.088
107.088 Clerk of court to furnish certain information when petition is filed
Status: in_force

(1) At the time a suit for legal separation or for dissolution is filed, the clerk of the court shall furnish to the petitioner a copy of ORS 107.089 (Documents parties must furnish to each other) . The petitioner may serve a copy of ORS 107.089 (Documents parties must furnish to each other) upon the respondent and shall provide proof of service to the court in accordance with ORCP 9.

(2) Regardless of whether the petitioner serves the respondent with a copy of ORS 107.089 (Documents parties must furnish to each other) , the respondent may serve the petitioner with a copy of ORS 107.089 (Documents parties must furnish to each other) at any time and provide proof of service in accordance with ORCP 9. [1995 c.800 §4; 1997 c.707 §32]

Source: Section 107.088 — Clerk of court to furnish certain information when petition is filed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 107.149 — OR Code / Title 11 / Chapter 107 / Section 107.149
107.149 Policy regarding parents and their children
Status: in_force

It is the policy of this state to assure minor children of frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and to encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or dissolved their marriage. [1987 c.795 §2]

Source: Section 107.149 — Policy regarding parents and their children , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.231 — OR Code / Title 11 / Chapter 109 / Section 109.231
109.231 Records open to public
Status: in_force

Records of filiation proceedings filed in circuit court shall be open for inspection by any person without order of the court. [1993 c.138 §2]

Note: 109.231 (Records open to public) 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.

Source: Section 109.231 — Records open to public , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.350 — OR Code / Title 11 / Chapter 109 / Section 109.350
109.350 Judgment of adoption or readoption
Status: in_force

(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) Intentionally left blank —Ed.

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

(A) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (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 (Judicial determination of Indian child’s residence, domicile and status as ward) ;

(G) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (Notice to tribe in emergency proceeding) ;

(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 (Adoption after permanent commitment or surrender) (1)(c)(B), the terms of the agreement; and

(I) Intentionally left blank —Ed.

(i) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (Placement preferences) ; or

(ii) If the placement does not comply with the placement preferences under ORS 419B.654 (Placement preferences) (2), a finding upon the petitioner’s motion under ORS 419B.654 (Placement preferences) (3) that good cause exists for placement contrary to the placement preferences.

(c) For each of the findings or determinations under this subsection, the court must provide a description of the facts upon which the finding or determination is based.

(d) Upon entry of the judgment of adoption of an Indian child, the state court shall provide to the United States Secretary of the Interior copies of the judgment entered under this section and any document signed by a consenting parent requesting anonymity. [Amended by 1959 c.430 §4; 1983 c.302 §3; 2003 c.576 §152; 2015 c.511 §12; 2021 c.398 §36]

Source: Section 109.350 — Judgment of adoption or readoption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.726 — OR Code / Title 11 / Chapter 107 / Section 107.726
107.726 Standing to petition for relief of person under 18 years of age
Status: in_force

A person who is under 18 years of age may petition the circuit court for relief under ORS 107.710 (Petition to circuit court for relief) if:

(1) The person is:

(a) The spouse of the respondent;

(b) The former spouse of the respondent; or

(c) A person who has been in a sexually intimate relationship with the respondent; and

(2) The respondent is 18 years of age or older. [1993 c.643 §4]

Source: Section 107.726 — Standing to petition for relief of person under 18 years of age , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 110.575 — OR Code / Title 11 / Chapter 110 / Section 110.575
110.575 Nondisclosure of identifying information in exceptional circumstances
Status: in_force

If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice. [2015 c.298 §29]

Source: Section 110.575 — Nondisclosure of identifying information in exceptional circumstances , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 109.247 — OR Code / Title 11 / Chapter 109 / Section 109.247
109.247 Application of law to children resulting from assisted reproduction
Status: in_force

Except as may be otherwise provided by a judicial decree entered in any action filed before October 4, 1977, the provisions of ORS 109.239 (Rights and obligations of children resulting from assisted reproduction) to 109.247 (Application of law to children resulting from assisted reproduction) , 677.355 (“Artificial insemination” defined) to 677.365 (Consent required) and 677.990 (Penalties) (3) apply to all persons conceived as a result of assisted reproduction. [1977 c.686 §7; 2017 c.651 §6]

Note: See note under 109.239 (Rights and obligations of children resulting from assisted reproduction) .

Source: Section 109.247 — Application of law to children resulting from assisted reproduction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 106.300 — OR Code / Title 11 / Chapter 106 / Section 106.300
106.300 Short title
Status: in_force

ORS 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) may be cited as the Oregon Family Fairness Act. [2007 c.99 §1]

Note: 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 106 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 106.300 — Short title , https://www.­oregonlegislature.­gov/bills_laws/ors/ors106.­html (accessed May 26, 2025).
ORS § 108.510 — OR Code / Title 11 / Chapter 108 / Section 108.510
108.510 Revocation of election to come under terms of Community Property Law of 1943
Status: in_force

(1) Notwithstanding any repeal of chapter 440, Oregon Laws 1943, known as the Oregon Community Property Law of 1943, spouses in a marriage who elected to come under the terms of that law may revoke the election upon filing in the office of the Secretary of State a notice of the spouses’ desire to revoke the election in the following form:

KNOW ALL PERSONS BY THESE PRESENTS, That we, _____ and _____, hereby state and represent that we are spouses in a marriage; that we reside in _____ County, Oregon, and our post-office address is No. _____ Street, City of _____; that we do hereby revoke our election filed in the office of the Secretary of State of the State of Oregon on the _____ day of _____, 2_____, to avail ourselves of the provisions of chapter 440, Oregon Laws 1943, being the Oregon Community Property Law.

IN WITNESS WHEREOF we have hereunto set our hands and seals this _____ day of _____, 2_____.

__________________

__________________

STATE OF OREGON, )

) ss.

County of _____ )

BE IT REMEMBERED that on this _____ day of _____, 2_____, before me, the undersigned, a notary public in and for said county and state, personally appeared the within named _____ and _____, spouses in a marriage, who are known to me to be the identical persons described in and who executed the within instrument, and acknowledged to me that they executed the same.

__________________

Notary Public for Oregon

My commission expires: _________

Acknowledgments may be taken by any other officer authorized to take acknowledgments.

(2) Such an instrument, together with a fee of $15, shall be presented to the Secretary of State, who thereupon shall file the instrument, properly index it in a book kept for that purpose and transmit to the recording officer of each county in the state the certificate of the Secretary of State, setting forth the nature of such instrument, the names of the parties thereto, the date thereof, and the date of the filing thereof in the office of the Secretary of State. Upon receipt of such certificate, the recording officer shall file it and properly index it in a book kept for that purpose.

(3) Public notice of such revocation exists upon compliance with subsection (2) of this section.

(4) The filing of such revocation operates to restore the title to any community property of persons making the revocation to the status of the property which existed on the date on which such persons filed a certificate of election under the terms of the Oregon Community Property Law of 1943. Such revocation in nowise limits the right of such persons to execute and record such conveyances, assignments and transfers of property, or title thereto, as may operate to effect and make a matter of record the restoration of titles to the status they occupied prior to the filing of the certificate of election. [Amended by 2015 c.629 §25]

Source: Section 108.510 — Revocation of election to come under terms of Community Property Law of 1943; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 110.594 — OR Code / Title 11 / Chapter 110 / Section 110.594
110.594 Income withholding order issued in another state
Status: in_force

An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor’s employer under the income withholding law of this state without first filing a petition or comparable pleading or registering the order with a tribunal of this state. [2015 c.298 §39]

Source: Section 110.594 — Income withholding order issued in another state , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 107.437 — OR Code / Title 11 / Chapter 107 / Section 107.437
107.437 Order of assistance to obtain custody of child held in violation of custody order
Status: in_force

(1) A person entitled to physical custody of a child may make an ex parte application for an order of assistance to a court of any county:

(a) In which a child is located if the person is entitled to the physical custody of the child under a valid and current order issued in this state; or

(b) In which a valid and current foreign custody order has been filed with a petition as provided in subsection (3) of this section.

(2) The application must include a certified copy of the custody order. The order of assistance may direct a law enforcement agency having jurisdiction where the child is located to use any reasonable means and force to deliver the child as directed by the court, including directing forcible entry into specified premises. The court may issue an order of assistance upon an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, executed by the applicant and a finding of the court that:

(a) The applicant is entitled to physical custody of the child under a valid and current custody order; and

(b) The child is being held by another person in substantial violation of the custody order.

(3) When the application for an order of assistance is made to a court in which the custody order has been entered or registered, the applicant shall make the application in the form of a motion. In all other cases, the applicant shall make the application in the form of a petition. The court may not charge a filing fee for a motion or petition filed under this section.

(4) The law enforcement agency to which an order of assistance is directed shall make a return to the court specifying whether the order was executed, and if so, a statement reflecting the date on which the order was executed and any other information required by the court in the order of assistance.

(5) A court may not issue an order of assistance for the purpose of enforcing parenting time or visitation rights.

(6) Except for intentional torts committed outside the scope of the peace officer’s duties, a peace officer is not civilly or criminally liable for any action taken in recovering the custody of a child pursuant to an order issued under this section. [1997 c.529 §1; 1999 c.59 §20; 1999 c.1081 §6; 2007 c.255 §5; 2015 c.121 §8]

Source: Section 107.437 — Order of assistance to obtain custody of child held in violation of custody order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 110.650 — OR Code / Title 11 / Chapter 110 / Section 110.650
110.650 Proceedings available under Convention
Status: in_force

(1) In a support proceeding under ORS 110.645 (Definitions) to 110.669 (Language of filed record) , the Department of Justice shall:

(a) Transmit and receive applications; and

(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

(2) The following support proceedings are available to an obligee under the Convention:

(a) Recognition or recognition and enforcement of a foreign support order;

(b) Enforcement of a support order issued or recognized in this state;

(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

(d) Establishment of a support order if recognition of a foreign support order is refused under ORS 110.660 (Recognition and enforcement of registered Convention support order) (2)(b), (d) or (i);

(e) Modification of a support order of a tribunal of this state; and

(f) Modification of a support order of a tribunal of another state or a foreign country.

(3) The following support proceedings are available under the Convention to an obligor against whom there is an existing support order:

(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;

(b) Modification of a support order of a tribunal of this state; and

(c) Modification of a support order of a tribunal of another state or a foreign country.

(4) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention. [2015 c.298 §65]

Source: Section 110.650 — Proceedings available under Convention , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 108.735 — OR Code / Title 11 / Chapter 108 / Section 108.735
108.735 Statute of limitations
Status: in_force

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. [1987 c.715 §8]

Note: See note under 108.700 (Definitions for ORS 108.700 to 108.740) .

Source: Section 108.735 — Statute of limitations; defenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 110.510 — OR Code / Title 11 / Chapter 110 / Section 110.510
110.510 Application to certain support proceedings
Status: in_force

(1) A tribunal of this state shall apply ORS 110.500 (Short title) to 110.641 (Procedure to modify foreign child support order) and, as applicable, ORS 110.645 (Definitions) to 110.669 (Language of filed record) to a support proceeding involving:

(a) A foreign support order;

(b) A foreign tribunal; or

(c) An obligee, obligor or child residing in a foreign country.

(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of ORS 110.500 (Short title) to 110.641 (Procedure to modify foreign child support order) .

(3) ORS 110.645 (Definitions) to 110.669 (Language of filed record) apply only to a support proceeding under the Convention. In such a proceeding, if a provision of ORS 110.645 (Definitions) to 110.669 (Language of filed record) is inconsistent with ORS 110.500 (Short title) to 110.641 (Procedure to modify foreign child support order) , ORS 110.645 (Definitions) to 110.669 (Language of filed record) control. [2015 c.298 §6]

Source: Section 110.510 — Application to certain support proceedings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 109.570 — OR Code / Title 11 / Chapter 109 / Section 109.570
109.570 Legislative findings
Status: in_force

The Legislative Assembly finds that:

(1) Current economic and cultural circumstances are such that relatives of minor children are playing an increasing role in ensuring the health, safety and education of minor children who, for many reasons, cannot live with and are not being cared for by their parents or guardians, and for whom legal proceedings have not been initiated or undertaken to establish legal guardianships or placements under the laws of this state.

(2) Relatives of minor children are frequently asked, with minimal notice, to provide housing and health care, and to make educational decisions, for minor children who are left in their care.

(3) Relative caregivers frequently face barriers to obtaining necessary and appropriate medical treatment and educational services for minor children left in their care.

(4) These barriers pose a significant challenge to relative caregivers in dealing with health care providers and schools, and pose a substantial threat to the health, safety and welfare of minor children in this state.

(5) It is necessary to provide legal authority for relative caregivers to access necessary and appropriate medical treatment and educational services for minor children who are left in the relative caregivers’ care and who are without legal parents or guardians who can otherwise provide for them. [2013 c.231 §1]

Note: 109.570 (Legislative findings) to 109.580 (Relative caregiver affidavit) 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.

Source: Section 109.570 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.410 — OR Code / Title 11 / Chapter 109 / Section 109.410
109.410 Certificate of adoption
Status: in_force

(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:

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 shall not state the former name of the person adopted, unless the name was not changed by the judgment, and shall not state the name of either biological 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]

Source: Section 109.410 — Certificate of adoption; form; persons eligible to receive certificate; status , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 106.340 — OR Code / Title 11 / Chapter 106 / Section 106.340
106.340 Certain privileges, immunities, rights, benefits and responsibilities granted or imposed
Status: in_force

"Yes…the state recognizes two types of domestic partnerships – unregistered domestic partnerships and registered domestic partnerships." Bibliographic info

(1) Any privilege, immunity, right or benefit granted by statute, administrative or court rule, policy, common law or any other law to an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is granted on equivalent terms, substantive and procedural, to an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

(2) Any responsibility imposed by statute, administrative or court rule, policy, common law or any other law on an individual because the individual is or was married, or because the individual is or was an in-law in a specified way to another individual, is imposed on equivalent terms, substantive and procedural, on an individual because the individual is or was in a domestic partnership or because the individual is or was, based on a domestic partnership, related in a specified way to another individual.

(3) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a partner with respect to a child of either of the partners.

(4) Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a former or surviving spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a former or surviving partner with respect to a child of either of the partners.

(5) Many of the laws of this state are intertwined with federal law, and the Legislative Assembly recognizes that it does not have the jurisdiction to control federal laws or the privileges, immunities, rights, benefits and responsibilities related to federal laws.

(6) ORS 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) do not require the extension of any benefit under ORS chapter 238 or 238A, or under any other retirement, deferred compensation or other employee benefit plan.

(7) ORS 106.300 (Short title) to 106.340 (Certain privileges, immunities, rights, benefits and responsibilities granted or imposed) do not require the extension of any benefit under any employee benefit plan that is subject to federal regulation under the Employee Retirement Income Security Act of 1974.

(8) For purposes of administering Oregon tax laws, partners in a domestic partnership, surviving partners in a domestic partnership and the children of partners in a domestic partnership have the same privileges, immunities, rights, benefits and responsibilities as are granted to or imposed on spouses in a marriage, surviving spouses and their children. [2007 c.99 §9; 2023 c.20 §2]

Note: See note under 106.300 (Short title) .

SAME-SEX MARRIAGE

Source: Section 106.340 — Certain privileges, immunities, rights, benefits and responsibilities granted or imposed , https://www.­oregonlegislature.­gov/bills_laws/ors/ors106.­html (accessed May 26, 2025).
ORS § 107.137 — OR Code / Title 11 / Chapter 107 / Section 107.137
107.137 Factors considered in determining custody of child
Status: in_force

(1) Except as provided in subsection (6) of this section, in determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment) , the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:

(a) The emotional ties between the child and other family members;

(b) The interest of the parties in and attitude toward the child;

(c) The desirability of continuing an existing relationship;

(d) The abuse of one parent by the other;

(e) The preference for the primary caregiver of the child, if the caregiver is deemed fit by the court; and

(f) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. However, the court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.

(2) The best interests and welfare of the child in a custody matter shall not be determined by isolating any one of the relevant factors referred to in subsection (1) of this section, or any other relevant factor, and relying on it to the exclusion of other factors. However, if a parent has committed abuse as defined in ORS 107.705 (Definitions for ORS 107.700 to 107.735) , other than as described in subsection (6) of this section, there is a rebuttable presumption that it is not in the best interests and welfare of the child to award sole or joint custody of the child to the parent who committed the abuse.

(3) If a party has a disability as defined by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the court may not consider that party’s disability in determining custody unless the court finds that behaviors or limitations of the party that are related to the party’s disability are endangering or will likely endanger the health, safety or welfare of the child.

(4) In determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment) , the court shall consider the conduct, marital status, income, social environment or lifestyle of either party only if it is shown that any of these factors are causing or may cause emotional or physical damage to the child.

(5) No preference in custody shall be given to the mother over the father for the sole reason that she is the mother, nor shall any preference be given to the father over the mother for the sole reason that he is the father.

(6) Intentionally left blank —Ed.

(a) The court determining custody of a minor child under ORS 107.105 (Provisions of judgment) or 107.135 (Vacation or modification of judgment) shall not award sole or joint custody of the child to a parent if:

(A) The court finds that the parent has been convicted of rape under ORS 163.365 (Rape in the second degree) or 163.375 (Rape in the first degree) or other comparable law of another jurisdiction; and

(B) The rape resulted in the conception of the child.

(b) A denial of custody under this subsection does not relieve the parent of any obligation to pay child support. [1975 c.722 §2; 1987 c.795 §14; 1997 c.707 §35; 1999 c.762 §2; 2011 c.438 §3; 2013 c.72 §1]

Source: Section 107.137 — Factors considered in determining custody of child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 107.093 — OR Code / Title 11 / Chapter 107 / Section 107.093
107.093 Restraining order
Status: in_force

(1) After a petition for marital annulment, separation or dissolution is filed and upon service of summons and petition upon the respondent as provided in ORCP 7, a restraining order is in effect against the petitioner and the respondent until a final judgment is issued, until the petition for marital annulment, separation or dissolution is dismissed, or until further order of the court.

(2) The restraining order issued under this section shall restrain the petitioner and respondent from:

(a) Canceling, modifying, terminating or allowing to lapse for nonpayment of premiums any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy that names either of the parties or a minor child of the parties as a beneficiary.

(b) Changing beneficiaries or covered parties under any policy of health insurance, homeowner or renter insurance or automobile insurance that one party maintains to provide coverage for the other party or a minor child of the parties, or any life insurance policy.

(c) Transferring, encumbering, concealing or disposing of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. This paragraph does not apply to payment by either party of:

(A) Attorney fees in the existing action;

(B) Real estate and income taxes;

(C) Mental health therapy expenses for either party or a minor child of the parties; or

(D) Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

(d) Making extraordinary expenditures without providing written notice and an accounting of the extraordinary expenditures to the other party. This paragraph does not apply to payment by either party of expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.

(e) Exercising authority as an agent for the other party under a power of attorney described in ORS 127.005 (When power of attorney in effect) to 127.045 (Duty of agent under power of attorney) , a health care representative for the other party under a form appointing a health care representative described in ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or an attorney-in-fact for the other party under a declaration for mental health treatment described in ORS 127.700 (Definitions for ORS 127.700 to 127.737) to 127.737 (Certain other laws applicable to declaration) , unless the power of attorney, form appointing a health care representative or declaration for mental health treatment otherwise provides.

(3) Either party restrained under this section may apply to the court for further temporary orders, including modification or revocation of the restraining order issued under this section.

(4) The restraining order issued under this section shall also include a notice that either party may request a hearing on the restraining order by filing a request for hearing with the court.

(5) A copy of the restraining order issued under this section shall be attached to the summons.

(6) A party who violates a term of a restraining order issued under this section is subject to imposition of remedial sanctions under ORS 33.055 (Procedure for imposition of remedial sanctions) based on the violation, but is not subject to:

(a) Criminal prosecution based on the violation; or

(b) Imposition of punitive sanctions under ORS 33.065 (Procedure for imposition of punitive sanctions) based on the violation. [2003 c.414 §2; 2007 c.22 §3; 2021 c.272 §1]

Source: Section 107.093 — Restraining order; request for hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.092 — OR Code / Title 11 / Chapter 109 / Section 109.092
109.092 Obligation to recognize responsibility for conception
Status: in_force

(1) When it is determined that a woman is pregnant with a child, the woman and any man to whom she is not married and with whom she engaged in sexual intercourse at approximately the time of conception have an obligation to recognize that the man may be the other person responsible for the conception.

(2) Intentionally left blank —Ed.

(a) During the months of pregnancy, the man may join the woman in acknowledging paternity and assuming the rights and duties of expectant parenthood.

(b) If the man acknowledges paternity of the expected child and the woman denies that he is the father or refuses to join him in acknowledging paternity, the man may seek relief under ORS 109.125 (Who may initiate proceedings) .

(c) If the woman wants the man to join her in acknowledging his paternity of the expected child and the man denies that he is the father or refuses to join her in acknowledging paternity, the woman may seek relief under ORS 109.125 (Who may initiate proceedings) .

(3) If after the birth of the child the mother decides to surrender the child for adoption and paternity has not been acknowledged as provided in ORS 109.065 (Establishing parentage) (1)(e) or the putative father has not asserted his rights in filiation proceedings, the mother has the right without the consent of the putative father to surrender the child as provided in ORS 418.270 (Surrender of child to child-caring agency) or to consent to the child’s adoption.

(4) Subsection (3) of this section does not apply if the child is an Indian child. [1975 c.640 §2; 1995 c.514 §17; 2005 c.160 §§13,19; 2017 c.651 §18; 2021 c.398 §43]

Source: Section 109.092 — Obligation to recognize responsibility for conception; mother surrendering child for adoption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.072 — OR Code / Title 11 / Chapter 109 / Section 109.072
109.072 Petition to vacate or set aside parentage determination
Status: in_force

(1) As used in this section:

(a) “Blood tests” has the meaning given that term in ORS 109.251 (“Blood tests” defined) .

(b) Intentionally left blank —Ed.

(A) “Parentage judgment” means a judgment or administrative order that:

(i) Expressly or by inference determines the parentage of a child, or that imposes a child support obligation based on the parentage of a child; and

(ii) Resulted from a proceeding in which blood tests were not performed and the issue of parentage was not challenged.

(B) “Parentage judgment” does not include a judgment or administrative order that determines paternity or parentage of a child conceived by assisted reproduction as defined in ORS 109.239 (Rights and obligations of children resulting from assisted reproduction) .

(c) “Petition” means a petition or motion filed under this section.

(d) “Petitioner” means the person filing a petition or motion under this section.

(2) Intentionally left blank —Ed.

(a) The following may file in circuit court a petition to vacate or set aside the parentage determination of a parentage judgment, including any child support obligations established in the parentage judgment, and for a judgment of nonparentage:

(A) A party to the parentage judgment.

(B) The Department of Human Services if the child is in the care and custody of the Department of Human Services under ORS chapter 419B.

(C) The Division of Child Support of the Department of Justice if the child support rights of the child or of one of the parties to the parentage judgment have been assigned to the state.

(b) The petitioner may file the petition in the circuit court proceeding in which the parentage judgment was entered, in a related proceeding or in a separate action. The petitioner shall attach a copy of the parentage judgment to the petition.

(c) If the ground for the petition is that the parentage determination was obtained by or was the result of mistake, inadvertence, surprise or excusable neglect, the petitioner may not file the petition more than one year after entry of the parentage judgment.

(d) If the ground for the petition is that the parentage determination was obtained by or was the result of fraud, misrepresentation or other misconduct of an adverse party, the petitioner may not file the petition more than one year after the petitioner discovers the fraud, misrepresentation or other misconduct.

(3) In the petition, the petitioner shall:

(a) Designate as parties:

(A) All persons who were parties to the parentage judgment;

(B) The child if the child is a child attending school, as defined in ORS 107.108 (Support or maintenance for child attending school) ;

(C) The Department of Human Services if the child is in the care and custody of the Department of Human Services under ORS chapter 419B; and

(D) The Administrator of the Division of Child Support of the Department of Justice if the child support rights of the child or of one of the parties to the parentage judgment have been assigned to the state.

(b) Provide the full name and date of birth of the child whose parentage was determined by the parentage judgment.

(c) Allege the facts and circumstances that resulted in the entry of the parentage judgment and explain why the issue of parentage was not contested.

(4) After filing a petition under this section, the petitioner shall serve a summons and a true copy of the petition on all parties as provided in ORCP 7.

(5) The court, on its own motion or on the motion of a party, may appoint counsel for the child. However, if requested to do so by the child, the court shall appoint counsel for the child. A reasonable fee for an attorney so appointed may be charged against one or more of the parties or as a cost in the proceeding, but may not be charged against funds appropriated for public defense services.

(6) The court may order the mother, the child and the person whose parentage of the child was determined by the parentage judgment to submit to blood tests. In deciding whether to order blood tests, the court shall consider the interests of the parties and the child and, if it is just and equitable to do so, may deny a request for blood tests. If the court orders blood tests under this subsection, the court shall order the petitioner to pay the costs of the blood tests.

(7) Unless the court finds, giving consideration to the interests of the parties and the child, that to do so would be substantially inequitable, the court shall vacate or set aside the parentage determination of the parentage judgment, including provisions imposing child support obligations, and enter a judgment of nonparentage if the court finds by a preponderance of the evidence that:

(a) The parentage determination was obtained by or was the result of:

(A) Mistake, inadvertence, surprise or excusable neglect; or

(B) Fraud, misrepresentation or other misconduct of an adverse party;

(b) The mistake, inadvertence, surprise, excusable neglect, fraud, misrepresentation or other misconduct was discovered by the petitioner after the entry of the parentage judgment; and

(c) Intentionally left blank —Ed.

(A) Blood tests establish that the person is not the biological parent of the child and the parentage determination was based on biological parentage; or

(B) The parentage determination was not based on biological parentage.

(8) If the court finds that the parentage determination of a parentage judgment was obtained by or was the result of fraud, the court may vacate or set aside the parentage determination regardless of whether the fraud was intrinsic or extrinsic.

(9) If the court finds, based on blood test evidence, that the person may be the biological parent of the child and that the cumulative paternity or parentage index based on the blood test evidence is 99 or greater, the court shall deny the petition.

(10) The court may grant the relief authorized by this section upon a party’s default, or by consent or stipulation of the parties, without blood test evidence.

(11) A judgment entered under this section vacating or setting aside the parentage determination of a parentage judgment and determining nonparentage:

(a) Shall contain the full name and date of birth of the child whose parentage was established or declared by the parentage judgment.

(b) Shall vacate and terminate any ongoing and future child support obligations arising from or based on the parentage judgment.

(c) May vacate or deem as satisfied, in whole or in part, unpaid child support obligations arising from or based on the parentage judgment.

(d) May not order restitution from the state for any sums paid to or collected by the state for the benefit of the child.

(12) If the court vacates or sets aside the parentage determination of a parentage judgment under this section and enters a judgment of nonparentage, the petitioner shall send a court-certified true copy of the judgment entered under this section to the State Registrar of the Center for Health Statistics and to the Department of Justice as the state disbursement unit. Upon receipt of the court-certified true copy of the judgment entered under this section, the state registrar shall correct any records maintained by the state registrar that indicate that the party to the parentage judgment is the parent of the child.

(13) The court may award to the prevailing party a judgment for reasonable attorney fees and costs, including the cost of any blood tests ordered by the court and paid by the prevailing party.

(14) A judgment entered under this section vacating or setting aside the parentage determination of a parentage judgment and determining nonparentage is not a bar to further proceedings to determine parentage, as otherwise allowed by law.

(15) If a person whose parentage of a child has been determined by a parentage judgment has died, an action under this section may not be initiated by or on behalf of the estate of the person.

(16) This section does not limit the authority of the court to vacate or set aside a judgment under ORCP 71, to modify a judgment within a reasonable period, to entertain an independent action to relieve a party from a judgment, to vacate or set aside a judgment for fraud upon the court or to render a declaratory judgment under ORS chapter 28.

(17) This section shall be liberally construed to the end of achieving substantial justice. [2007 c.454 §9; 2017 c.651 §16]

Note: 109.072 (Petition to vacate or set aside parentage determination) was added to and made a part of ORS chapter 109 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 109.072 — Petition to vacate or set aside parentage determination , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.285 — OR Code / Title 11 / Chapter 109 / Section 109.285
109.285 Petition for adoption
Status: in_force

(1) A petition for adoption of a minor child must be signed by the petitioner and, unless stated in the petition why the information or statement is omitted, must contain the following:

(a) The full name of the petitioner;

(b) The state and length of residency in the state of the petitioner and information sufficient to establish that the residency requirement of ORS 109.276 (Petition for adoption) (2) has been met;

(c) The current marital or domestic partnership status of the petitioner;

(d) An explanatory statement as to why the petitioner is of sufficient ability to bring up the minor child and furnish suitable nurture and education sufficient for judgment to be entered under ORS 109.350 (Judgment of adoption or readoption) ;

(e) Information sufficient for the court to establish that the petitioner has complied with the jurisdictional and venue requirements of ORS 109.276 (Petition for adoption) (4) and (5);

(f) The full name, gender and date and place of birth of the minor child;

(g) The marital or domestic partnership status of the biological mother at the time of conception, at the date of birth and during the 300 days prior to the date of birth of the minor child;

(h) Intentionally left blank —Ed.

(A) A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the petitioner’s efforts described in ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) to determine whether there is reason to know that the child is an Indian child;

(B) A statement that the petitioner has reason to know that the child is an Indian child or does not have reason to know that the child is an Indian child; and

(C) If the petitioner has reason to know that the child is an Indian child:

(i) A declaration under penalty of perjury and documentation, as described by the department by rule, showing that the proposed adoptive placement complies with the requirements under ORS 419B.654 (Placement preferences) (2); or

(ii) A statement that the petitioner is moving the court under ORS 419B.654 (Placement preferences) (3) for a finding, by clear and convincing evidence, that good cause exists for alternative adoptive placement and a statement describing the details supporting the petitioner’s assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (Placement preferences) (4);

(i) The name and relationship to the minor child of any person who has executed a written release or surrender of parental rights or of rights of guardianship of the minor child as provided by ORS 418.270 (Surrender of child to child-caring agency) and the date of the release or surrender;

(j) The name and relationship to the minor child of any person who has given written consent as required under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) , and the date the consent was given;

(k) The name and relationship to the minor child of any person or entity for whom the written consent requirement under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) is waived or not required as provided in ORS 109.322 (Consent of parent with mental illness or intellectual disability) , 109.323 (Consent when custody of child has been awarded in divorce proceedings) , 109.324 (Consent when parent has deserted or neglected child) , 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) , 109.326 (Consent when spouse not parent) and 109.327 (Consent by organization located outside Oregon) or whose written consent may be substituted for the written consent requirement under ORS 109.301 (Consent to adoption in general) or 109.302 (Consent to adoption of Indian child) as provided in ORS 109.322 (Consent of parent with mental illness or intellectual disability) , 109.323 (Consent when custody of child has been awarded in divorce proceedings) , 109.324 (Consent when parent has deserted or neglected child) , 109.325 (Consent by Department of Human Services or approved child-caring agency of this state) , 109.326 (Consent when spouse not parent) , 109.327 (Consent by organization located outside Oregon) , 109.328 (Consent of child 14 years of age or older) and 109.329 (Adoption of person 18 years of age or older or legally married) ;

(L) The name and relationship to the minor child of all persons who have signed and attested to:

(A) A written certificate of irrevocability and waiver as provided in ORS 109.301 (Consent to adoption in general) (2); or

(B) A written certificate stating that a release or surrender under ORS 418.270 (Surrender of child to child-caring agency) (4) becomes irrevocable as soon as the child is placed for the purpose of adoption or, if the child is an Indian child, upon entry of the judgment of adoption;

(m) A statement of the facts and circumstances under which the petitioner obtained physical custody of the minor child, including date of placement with the petitioner for adoption and the name and relationship to the minor child of the individual or entity placing the minor child with the petitioner;

(n) The length of time that a minor child has been in the physical custody of the petitioner and, if the minor child is not in the physical custody of the petitioner, the reason why, and the date and manner in which the petitioner will obtain physical custody of the minor child;

(o) Whether a continuing contact agreement exists under ORS 109.268 (Interpretation of adoption laws) , including names of the parties to the agreement and date of execution;

(p) A statement establishing that the requirements of ORS 109.353 (Notice of voluntary adoption registry required before judgment entered) regarding advisement about the voluntary adoption registry and the registry’s services have been met;

(q) A statement establishing that the requirements of ORS 109.346 (Adoption-related counseling for birth parent) regarding notice of right to counseling sessions have been met;

(r) A statement that the information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 (Short title) to 109.834 (Severability clause) has been provided in the Adoption Summary and Segregated Information Statement under ORS 109.287 (Adoption Summary and Segregated Information Statement) ;

(s) A statement that the Interstate Compact on the Placement of Children does or does not apply and, if applicable, a statement of the efforts undertaken to comply with the compact;

(t) Unless waived, a statement that a current home study was completed in compliance with ORS 109.276 (Petition for adoption) (7); and

(u) A declaration made under penalty of perjury that the petition, and the information and statements contained in the petition, are true to the best of the petitioner’s knowledge and belief and that the petitioner understands the petition, and information and statements contained in the petition, may be used as evidence in court and are subject to penalty for perjury.

(2) A petition filed under ORS 109.276 (Petition for adoption) must, if applicable, request the following:

(a) Entry of a general judgment of adoption;

(b) That the petitioner be permitted to adopt the minor child as the child of the petitioner for all legal intents and purposes;

(c) A finding that the court has jurisdiction over the adoption proceeding, the parties and the minor child;

(d) With respect to the appropriate persons, the termination of parental rights or a determination of nonparentage;

(e) Approval of a change to the minor child’s name;

(f) A finding that a continuing contact agreement entered into under ORS 109.268 (Interpretation of adoption laws) is in the best interests of the minor child and that, if the minor child is 14 years of age or older, the minor child has consented to the agreement, and that the court incorporate the continuing contact agreement by reference into the adoption judgment;

(g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223 (Reports of adoption) ;

(h) That all records, papers and files in the record of the adoption case be sealed as provided under ORS 109.289 (Separate record of the case) ;

(i) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2);

(j) A finding of whether there is reason to know that the child is an Indian child;

(k) If the court finds that there is reason to know that the child is an Indian child:

(A) The determinations required under ORS 419B.621 (Judicial determination of Indian child’s residence, domicile and status as ward) regarding the Indian child’s residence, domicile and wardship status;

(B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (Notice to tribe in emergency proceeding) (2); and

(C) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (Placement preferences) (2) or, if not, that, upon the petitioner’s motion under ORS 419B.654 (Placement preferences) (3), good cause exists for placement contrary to the placement preferences in ORS 419B.654 (Placement preferences) (2); and

(L) Any other relief requested by the petitioner.

(3) A petition filed under ORS 109.276 (Petition for adoption) must, if applicable, have the following attached as exhibits:

(a) Any written release or surrender of the minor child for adoption, or a written disclaimer of parental rights;

(b) Any written consent to the adoption;

(c) Any certificate of irrevocability and waiver;

(d) Any continuing contact agreement under ORS 109.268 (Interpretation of adoption laws) ;

(e) The written disclosure statement required under ORS 109.281 (Financial disclosure statement to be filed with petition) ; and

(f) Any other supporting documentation necessary to comply with the petition requirements in this section and ORS 109.276 (Petition for adoption) .

(4) The petition and documents filed as exhibits under subsection (3) of this section are confidential and may not be inspected or copied except as provided under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) and 109.425 (Definitions for ORS 109.425 to 109.507) to 109.507 (Access to Department of Human Services records required) .

(5) Intentionally left blank —Ed.

(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition, the documents filed as exhibits under subsection (3) of this section, the Adoption Summary and Segregated Information Statement described in ORS 109.287 (Adoption Summary and Segregated Information Statement) , including any amendments and exhibits attached to the statement, and, if applicable, a copy of the declaration of compliance described in paragraph (d) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service.

(b) In the case of an adoption in which one of the child’s parents retains parental rights as established under ORS 109.065 (Establishing parentage) or 419B.609 (Acknowledgment or establishment of parentage) , the petitioner shall also serve the petition by either registered or certified mail with return receipt or personal service:

(A) On all persons whose consent to the adoption is required under ORS 109.301 (Consent to adoption in general) unless the person’s written consent is filed with the court; and

(B) On the parents of the party whose parental rights would be terminated, if the names and addresses are known or may be readily ascertained by the petitioner.

(c) When a parent of the child is deceased or incapacitated, the petitioner shall also serve the petition on the parents of the deceased or incapacitated parent, if the names and addresses are known or may be readily ascertained by the petitioner. As used in this paragraph:

(A) “Incapacitated” means a condition in which a person’s ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person lacks the capacity to meet the essential requirements for the person’s physical health or safety.

(B) “Meet the essential requirements for the person’s physical health or safety” means those actions necessary to provide health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury or illness is likely to occur.

(d) If the petitioner has reason to know that the child is an Indian child, within 30 days after filing the petition, the petitioner shall:

(A) Serve copies of the petition by registered or certified mail, return receipt requested, together with the notice of proceeding in the form required under ORS 419B.639 (Notice to tribe in emergency proceeding) (3), to:

(i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

(ii) The child’s parents;

(iii) The child’s Indian custodian, if applicable; and

(iv) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the child’s parents, Indian custodian or tribe cannot be ascertained.

(B) File a declaration of compliance with the court, including a copy of each notice sent, together with any return receipts or other proof of service.

(e) Except when the child is an Indian child, service required by this subsection may be waived by the court for good cause. [Formerly 109.315]

Source: Section 109.285 — Petition for adoption; required contents, requests and exhibits in adoption petitions; confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.098 — OR Code / Title 11 / Chapter 109 / Section 109.098
109.098 Objection of putative father in proceeding referred to in ORS 109.096
Status: in_force

(1) If a putative father of a child by due appearance in a proceeding of which he is entitled to notice under ORS 109.096 (Notice to putative father when parentage not established) objects to the relief sought, the court:

(a) Intentionally left blank —Ed.

(A) May stay the adoption or other court proceeding to await the outcome of the filiation proceedings only if notice of the initiation of filiation proceedings was on file as required by ORS 109.096 (Notice to putative father when parentage not established) (3) or (4); or

(B) If the child is an Indian child, shall stay the adoption proceeding to await the outcome of a determination of the putative father’s parentage under ORS 419B.609 (Acknowledgment or establishment of parentage) .

(b) Shall, if neither a filiation proceeding nor a proceeding to determine the putative father’s parentage under ORS 419B.609 (Acknowledgment or establishment of parentage) is pending, inquire as to the paternity of the child, the putative father’s past endeavors to fulfill his obligation to support the child and to contribute to the pregnancy-related medical expenses, the period that the child has lived with the putative father, the putative father’s fitness to care for and rear the child and whether the putative father is willing to be declared the father of the child and to assume the responsibilities of a father.

(2) If after inquiry under subsection (1)(b) of this section the court finds:

(a) That the putative father is the father of the child and is fit and willing to assume the responsibilities of a father, it shall have the power:

(A) Upon the request of the putative father, to declare his paternity and to certify the fact of paternity in the manner provided in ORS 109.094 (Rights of parent when parentage established) ; and

(B) To award custody of the child to either parent as may be in the best interests of the child, or to take any other action which the court may take if the parents are or were married to each other.

(b) That the putative father is not the father of the child, it may grant the relief sought in the proceeding without the putative father’s consent.

(c) That the putative father is the natural father of the child but is not fit or willing to assume the responsibilities of a father, it may grant the relief sought in the proceeding or any other relief that the court deems to be in the best interests of the child, notwithstanding the father’s objection.

(3) If a putative father of a child is given the notice of a proceeding required by ORS 109.096 (Notice to putative father when parentage not established) and he fails to enter due appearance and to object to the relief sought therein within the time specified in the notice, the court may grant the relief sought without the putative father’s consent. [1975 c.640 §8; 1995 c.90 §2; 2005 c.160 §6; 2017 c.651 §21; 2021 c.398 §45]

Source: Section 109.098 — Objection of putative father in proceeding referred to in ORS 109.096; effect of failure to appear and object , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 107.154 — OR Code / Title 11 / Chapter 107 / Section 107.154
107.154 Authority of parent when other parent granted sole custody of child
Status: in_force

Unless otherwise ordered by the court, an order of sole custody to one parent shall not deprive the other parent of the following authority:

(1) To inspect and receive school records and to consult with school staff concerning the child’s welfare and education, to the same extent as the custodial parent may inspect and receive such records and consult with such staff;

(2) To inspect and receive governmental agency and law enforcement records concerning the child to the same extent as the custodial parent may inspect and receive such records;

(3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records, to the same extent as the custodial parent may consult with such person and inspect and receive such records;

(4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or

(5) To apply to be the child’s conservator, guardian ad litem or both. [1987 c.795 §3]

Source: Section 107.154 — Authority of parent when other parent granted sole custody of child , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 107.036 — OR Code / Title 11 / Chapter 107 / Section 107.036
107.036 Doctrines of fault and in pari delicto abolished
Status: in_force

(1) The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation.

(2) The court shall not receive evidence of specific acts of misconduct, excepting where child custody is an issue and such evidence is relevant to that issue, or excepting at a hearing when the court finds such evidence necessary to prove irreconcilable differences.

(3) In dividing, awarding and distributing the real and personal property (or both) of the parties (or either of them) between the parties, or in making such property or any of it subject to a trust, and in fixing the amount and duration of the contribution one party is to make to the support of the other, the court shall not consider the fault, if any, of either of the parties in causing grounds for the annulment or dissolution of the marriage or for separation.

(4) Where satisfactory proof of grounds for the annulment or dissolution of a marriage or for separation has been made, the court shall render a judgment for the annulment or dissolution of the marriage or for separation. A judgment of separation shall state the duration of the separation. [1971 c.280 §10; 1973 c.502 §2; 2003 c.576 §105]

Source: Section 107.036 — Doctrines of fault and in pari delicto abolished; evidence and consideration of fault , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 107.015 — OR Code / Title 11 / Chapter 107 / Section 107.015
107.015 Grounds for annulment or dissolution of marriage
Status: in_force

(1) Except as provided in subsection (2) of this section, a judgment for the annulment or dissolution of a marriage may be rendered:

(a) When either party to the marriage was incapable of making the marriage contract or consenting to the marriage for want of legal age or sufficient understanding; or

(b) When the consent of either party was obtained by force or fraud.

(2) A judgment for the annulment or dissolution of a marriage may not be rendered for a reason described in subsection (1) of this section if the marriage contract was afterward ratified. [1971 c.280 §8; 2003 c.576 §103; 2007 c.22 §2 ]

Source: Section 107.015 — Grounds for annulment or dissolution of marriage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 110.520 — OR Code / Title 11 / Chapter 110 / Section 110.520
110.520 Continuation of personal jurisdiction
Status: in_force

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by ORS 110.527 (Continuing, exclusive jurisdiction) , 110.530 (Tribunal of state as initiating or responding tribunal) and 110.540 (Spousal support proceedings) . [2015 c.298 §8]

Source: Section 110.520 — Continuation of personal jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 109.090 — OR Code / Title 11 / Chapter 109 / Section 109.090
109.090 Interpretation of ORS 109.060 to 109.090
Status: in_force

(1) The provisions of ORS 109.060 (Legal status and legal relationships when parents not married) to 109.090 (Interpretation of ORS 109.060 to 109.090) shall apply to all persons, irrespective of whether they are born before or after August 20, 1957. ORS 109.060 (Legal status and legal relationships when parents not married) to 109.090 (Interpretation of ORS 109.060 to 109.090) shall not be construed to affect a decree of distribution entered, or any probate proceeding closed, prior to August 20, 1957.

(2) ORS 109.060 (Legal status and legal relationships when parents not married) to 109.090 (Interpretation of ORS 109.060 to 109.090) shall be liberally construed, with the view of effectuating their objects, notwithstanding the rule of common law that statutes in derogation thereof are to be strictly construed. [1957 c.411 §§5,6; 1983 c.740 §11]

Source: Section 109.090 — Interpretation of ORS 109.060 to 109.090 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 110.545 — OR Code / Title 11 / Chapter 110 / Section 110.545
110.545 Action by minor parent
Status: in_force

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor’s child. [2015 c.298 §19]

Source: Section 110.545 — Action by minor parent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 107.520 — OR Code / Title 11 / Chapter 107 / Section 107.520
107.520 Establishment of conciliation jurisdiction
Status: in_force

The circuit court for any county or the circuit courts of more than one county comprising a judicial district after making a determination that the social conditions of the county or district make it desirable to establish conciliation services for the full and proper consideration of domestic relations suits filed in such county or district may exercise conciliation jurisdiction and obtain, use and provide conciliation services under ORS 107.510 (Definitions for ORS 107.510 to 107.610) to 107.610 (Qualifications of conciliation counselors) . After conciliation jurisdiction has been established the circuit court or courts of such county or district may at any time determine that the need for such service does not warrant its continuance and terminate the same. [1963 c.434 §2; 1965 c.625 §1; 1971 c.280 §25; 1999 c.59 §22]

Source: Section 107.520 — Establishment of conciliation jurisdiction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors107.­html (accessed May 26, 2025).
ORS § 109.737 — OR Code / Title 11 / Chapter 109 / Section 109.737
109.737 Cooperation between courts
Status: in_force

(1) A court of this state may request the appropriate court of another state to:

(a) Hold an evidentiary hearing;

(b) Order a person to produce or give evidence pursuant to procedures of that state;

(c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;

(d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and

(e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.

(2) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (1) of this section.

(3) Travel and other necessary and reasonable expenses incurred under subsections (1) and (2) of this section may be assessed against the parties according to the law of this state.

(4) A court of this state shall preserve the pleadings, orders, judgments, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding for the time required by the retention schedule adopted under ORS 8.125 (Duties to assist Chief Justice and other courts) (11). The retention schedule shall require retention at least until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records. [1999 c.649 §12; 2003 c.576 §160]

Note: See note under 109.701 (Short title) .

Source: Section 109.737 — Cooperation between courts; preservation of records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 110.503 — OR Code / Title 11 / Chapter 110 / Section 110.503
110.503 Definitions
Status: in_force

As used in this chapter:

(1) “Child” means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual’s parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) “Child support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

(3) “Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

(4) “Duty of support” means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.

(5) “Foreign country” means a country, or a political subdivision of a country, other than the United States, that authorizes the issuance of support orders and:

(a) That has been declared under the law of the United States to be a foreign reciprocating country;

(b) That has established a reciprocal arrangement for child support with this state as provided in ORS 110.563 (Duty of Attorney General) ;

(c) That has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter; or

(d) In which the Convention is in force with respect to the United States.

(6) “Foreign support order” means a support order of a foreign tribunal.

(7) “Foreign tribunal” means a court, administrative agency or quasi-judicial entity of a foreign country that is authorized to establish, enforce or modify support orders or to determine parentage of a child. “Foreign tribunal” includes a competent authority under the Convention.

(8) “Home state” means the state or foreign country in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state or foreign country in which the child lived from birth with the parent or person acting as parent. A period of temporary absence of the child, parent or person acting as parent is counted as part of the six-month or other period.

(9) “Income” includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

(10) “Income withholding order” means an order or other legal process directed to an obligor’s employer or other debtor issued pursuant to ORS 25.372 (Applicability) to 25.427 (Rules) to withhold support from the income of the obligor.

(11) “Initiating tribunal” means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

(12) “Issuing foreign country” means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

(13) “Issuing state” means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

(14) “Issuing tribunal” means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

(15) “Law” includes decisional and statutory law and rules and regulations having the force of law.

(16) “Obligee” means:

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued;

(b) A foreign country, state or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support;

(c) An individual seeking a judgment determining parentage of the individual’s child; or

(d) A person that is a creditor in a proceeding under ORS 110.645 (Definitions) to 110.669 (Language of filed record) .

(17) “Obligor” means an individual, or the estate of a decedent, that:

(a) Owes or is alleged to owe a duty of support;

(b) Is alleged but has not been adjudicated to be a parent of a child;

(c) Is liable under a support order; or

(d) Is a debtor in a proceeding under ORS 110.645 (Definitions) to 110.669 (Language of filed record) .

(18) “Outside this state” means a location in another state or a country other than the United States, whether or not the country is a foreign country.

(19) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity.

(20) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(21) “Register” means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.

(22) “Registering tribunal” means a tribunal in which a support order or judgment determining parentage of a child is registered.

(23) “Responding state” means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.

(24) “Responding tribunal” means the authorized tribunal in a responding state or foreign country.

(25) “Spousal support order” means a support order for a spouse or former spouse of the obligor.

(26) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, any territory or insular possession under the jurisdiction of the United States or an Indian nation or tribe.

(27) “Support enforcement agency” means a public official, governmental entity or private agency authorized to:

(a) Seek enforcement of support orders or laws relating to the duty of support;

(b) Seek establishment or modification of child support;

(c) Request determination of parentage of a child;

(d) Attempt to locate obligors or their assets; or

(e) Request determination of the controlling child support order.

(28) “Support order” means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. The term may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees and other relief.

(29) “Tribunal” means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. [2015 c.298 §3]

Source: Section 110.503 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 109.020 — OR Code / Title 11 / Chapter 109 / Section 109.020
109.020 When child’s maintenance and education may be defrayed out of income of own property
Status: in_force

If any minor, whose parent is living, has property the income of which is sufficient for the maintenance and education of the minor in a manner more expensive than the parent can reasonably afford, regard being had to the situation of the parent’s family and to all the circumstances of the case, the expenses of the maintenance and education of the minor may be wholly or partially defrayed out of the income of the property of the minor, as is judged reasonable by the court having probate jurisdiction. The charges therefor may be allowed accordingly in the settlement of the accounts of the guardian or the conservator of the minor of the estate of the minor. [Amended by 1973 c.823 §104; 2007 c.22 §6]

Source: Section 109.020 — When child’s maintenance and education may be defrayed out of income of own property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.572 — OR Code / Title 11 / Chapter 109 / Section 109.572
109.572 Definitions for ORS 109.570 to 109.580
Status: in_force

As used in ORS 109.570 (Legislative findings) to 109.580 (Relative caregiver affidavit) :

(1) “Educational services” means enrollment of a minor child in a school to which the minor child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities.

(2) “Health care facility” means any facility that provides medical treatment.

(3) “Health care provider” means a person who is licensed, certified, registered or otherwise authorized by law in this state to administer medical treatment in the practice of a health care profession or at a health care facility, and includes a health care facility.

(4) “Medical treatment” means developmental screening, mental health screening and treatment, ordinary and necessary medical, dental and optical examination and treatment and preventive care including ordinary immunizations, tuberculin testing and well-child care, and includes the examination for and treatment of any injury, symptom, disease or pathology that is, in the judgment of the treating health care provider, reasonably necessary.

(5) “Legal parent or guardian” means the parent or guardian of a minor child, a person with rights established under ORS 109.119 (Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship) or a person to whom powers have been delegated under ORS 109.056 (Delegation of certain powers by parent or guardian) .

(6) “Relative caregiver” means a competent adult who is 18 years of age or older, who is related to a minor child by blood, marriage or adoption, who is not the legal parent or guardian and who represents in the affidavit described in ORS 109.580 (Relative caregiver affidavit) that the minor child lives with the adult and that the adult is responsible for the care of the minor child. [2013 c.231 §2]

Note: See note under 109.570 (Legislative findings) .

Source: Section 109.572 — Definitions for ORS 109.570 to 109.580 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 109.711 — OR Code / Title 11 / Chapter 109 / Section 109.711
109.711 Application to Indian tribes
Status: in_force

(1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), is not subject to ORS 109.701 (Short title) to 109.834 (Severability clause) to the extent that the proceeding is governed by the Indian Child Welfare Act.

(2) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying ORS 109.701 (Short title) to 109.771 (Appearance of parties and child) .

(3) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of ORS 109.701 (Short title) to 109.834 (Severability clause) must be recognized and enforced under ORS 109.774 (Definitions for ORS 109.774 to 109.827) to 109.827 (Costs and expenses of district attorney and law enforcement officers) . [1999 c.649 §4]

Note: See note under 109.701 (Short title) .

Source: Section 109.711 — Application to Indian tribes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html (accessed May 26, 2025).
ORS § 108.540 — OR Code / Title 11 / Chapter 108 / Section 108.540
108.540 Removal of community property status by death of either spouse
Status: in_force

Upon the death of either spouse after April 11, 1951, all real or personal property which would have been the separate property of such spouse but for the enactment of chapter 525, Oregon Laws 1947, shall be subject to disposition by will and to descent and distribution as the separate property of such decedent as though said chapter 525 had not been passed.

Source: Section 108.540 — Removal of community property status by death of either spouse , https://www.­oregonlegislature.­gov/bills_laws/ors/ors108.­html (accessed May 26, 2025).
ORS § 110.614 — OR Code / Title 11 / Chapter 110 / Section 110.614
110.614 Notice of registration of order
Status: in_force

(1) When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

(2) A notice must inform the nonregistering party:

(a) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;

(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice unless the registered order is under ORS 110.657 (Contest of registered Convention support order) ;

(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and

(d) Of the amount of any alleged arrearages.

(3) If the registering party asserts that two or more orders are in effect, a notice must also:

(a) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;

(b) Notify the nonregistering party of the right to a determination of which is the controlling order;

(c) State that the procedures provided in subsection (2) of this section apply to the determination of which is the controlling order; and

(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

(4) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer pursuant to the income withholding law of this state. [2015 c.298 §50]

Source: Section 110.614 — Notice of registration of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).
ORS § 110.602 — OR Code / Title 11 / Chapter 110 / Section 110.602
110.602 Administrative enforcement of order
Status: in_force

(1) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state, or a foreign support order, may send the documents required for registering the order to a support enforcement agency of this state.

(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter. [2015 c.298 §45]

REGISTRATION, ENFORCEMENT

Source: Section 110.602 — Administrative enforcement of order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors110.­html (accessed May 26, 2025).