ORS Chapter 109 — Parent and Child Rights and

ORS 109.326. Consent when spouse not parent. (1) If the mother of a child was married at the time of the conception or birth of the child, and it has been determined pursuant to ORS 109.065 or 419B.609 or judicially determined that the mothers spouse at such time or times was not the parent of the child, the spouses authorization or waiver is not required in adoption, juvenile court or other proceedings concerning the custody of the child. (2)(a) If parentage of the child has not been determined, a determination of nonparentage may be made by any court having adoption, divorce or juvenile court jurisdiction. (b) Except as provided in subsection (11) of this section, the testimony or affidavit of the mother or the spouse or another person with knowledge of the facts filed in the proceeding constitutes competent evidence before the court making the determination. (c) The provisions of this section relating to Indian children do not apply if the determination of nonparentage is being made by a court having divorce jurisdiction or jurisdiction to decide custody between unmarried parents. (3) Before the court may make the determination of nonparentage, the petitioner shall: (a) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and (b) Serve on the spouse a summons and a true copy of a motion and order to show cause why a judgment of nonparentage should not be entered if: (A) There has been a determination by any court of competent jurisdiction that the spouse is the parent of the child; (B) The child resided with the spouse at any time since the childs birth; (C) The spouse repeatedly has contributed or tried to contribute to the support of the child; or (D) The petitioner has reason to know that the child is an Indian child. (4) When the petitioner is required to serve the spouse with a summons and a motion and order to show cause under subsection (3) of this section: (a) Service must be made in the manner provided in ORCP 7 D and E, except as provided in subsection (7) of this section. Service of the summons and the motion and order to show cause must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents. (b) If the petitioner has reason to know that the child is an Indian child, the petitioner shall serve copies of the motion, together with the notice of proceeding required under ORS 419B.639 (3), on: (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; (B) The childs parents; (C) The childs Indian custodian, if applicable; and (D) 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 childs parents, Indian custodian or tribe cannot be ascertained. (c) The petitioner shall file a declaration of compliance under penalty of perjury made in the manner described by ORCP 1 E, that includes: (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether there is reason to know that the child is an Indian child; and (B) If the petitioner has reason to know that the child is an Indian child: (i) A statement describing the efforts the petitioner made, as required under ORS