justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.350. Judgment of adoption or readoption. (1) If, upon a petition for adoption or readoption duly presented and consented to, the court is satisfied as to the identity and relations of the persons, that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, having reference to the degree and condition of the parents, and that it is fit and proper that such adoption or readoption be effected, a judgment shall be made setting forth the facts, and ordering that from the date of the judgment the child, to all legal intents and purposes, is the child of the petitioner. (2)(a) A judgment entered under this section must include: (A) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2) to determine whether there is reason to know that the child is an Indian child; and (B) A finding that the child is or is not an Indian child. (b) In an adoption or readoption of an Indian child, the judgment must include: (A) The birth name and birthdate of the Indian child, the Indian childs 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 childs residence, domicile and tribal wardship status as required under ORS 419B.621; (G) A finding that the petitioner complied with the notice requirements under ORS 419B.639; (H) If an agency consented to the adoption in loco parentis and the Indian childs tribe has entered into an agreement described in ORS 419B.529 (1)(c)(B), the terms of the agreement; and (I)(i) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654; or (ii) If the placement does not comply with the placement preferences under ORS 419B.654 (2), a finding upon the petitioners motion under ORS 419B.654 (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.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.353. Notice of voluntary adoption registry required before judgment entered; waiver. Before a judgment of adoption is entered, the agency or organization facilitating the adoption, or the attorney for the adoptive parents in an independent adoption, shall submit verification to the court that the parents of the child and the petitioners have been advised of the voluntary adoption registry established under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.360. Change of adopted childs name. If in a petition for the adoption of a child a change of the childs name is requested, the court, upon entering a judgment granting the adoption, may also provide in the judgment for the change of the name without the notice required by ORS 33.420.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.380. [Repealed by 1959 c.609 5]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.381. Effect of judgment of adoption. (1) A judgment of a court of this state granting an adoption, and the proceedings in such adoption matter, shall in all respects be entitled to the same presumptions and be as conclusive as if rendered by a court of record acting in all respects as a court of general jurisdiction and not by a court of special or inferior jurisdiction, and jurisdiction over the persons and the cause shall be presumed to exist. (2) Except for such right of appeal as may be provided by law, judgments of adoption shall be binding and conclusive upon all parties to the proceeding. No party nor anyone claiming by, through or under a party to an adoption proceeding, may for any reason, either by collateral or direct proceedings, question the validity of a judgment of adoption entered by a court of competent jurisdiction of this or any other state. (3) After the expiration of one year from the entry of a judgment of adoption in this state the validity of the adoption shall be binding on all persons, and it shall be conclusively presumed that the childs natural parents and all other persons who might claim to have any right to, or over the child, have abandoned the child and consented to the entry of such judgment of adoption, and that the child became the lawful child of the adoptive parents or parent at the time when the judgment of adoption was rendered, all irrespective of jurisdictional or other defects in the adoption proceeding. After the expiration of the one-year period no one may question the validity of the adoption for any reason, either through collateral or direct proceedings, and all persons shall be bound thereby. However, the provisions of this subsection shall not affect the right of appeal from a judgment of adoption as may be provided by law.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.382. Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress. (1) A petition to vacate a judgment of adoption of an Indian child under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.390. Authority of Department of Human Services or child-caring agency in adoption proceedings. When the Department of Human Services or an approved child-caring agency has the right to consent to the adoption of a child, the department or agency may: (1) If it deems the action necessary or proper, become a party to any proceeding for the adoption of the child. (2) Appear in court where a proceeding for the adoption of the child is pending. (3) Give or withhold consent in loco parentis to the adoption of the child only in accordance with ORS 109.325.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.400. Adoption report form. (1) When a petition for adoption is filed with a court, the petitioner or the petitioners attorney shall file with the petition an adoption report form as provided in ORS 432.223. (2) Notwithstanding ORS 109.289, if the court enters a judgment of adoption, the clerk of the court shall review the personal particulars filled in on the form, shall fill in the remaining blanks on the form, shall certify the form and mail it to the State Registrar of the Center for Health Statistics as the adoption report as required under ORS 432.223.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.410. (b) The department or agency may, without a court order, access, use or disclose any records, documents or information retained by the department or agency in its record of an adoption case, including records, papers and files in the courts record of an adoption case that are in the possession of the department or the agency for the purpose of providing adoption services or the administration of child welfare services that the department or agency is authorized to provide under applicable federal or state law. (8) Except as otherwise provided in this section, a court may grant a motion and enter an order allowing inspection, copying or other disclosure of records, papers and files that are maintained in the courts record of an adoption case for good cause. (9) Nothing contained in this section shall prevent the clerk or court administrator from certifying or providing copies of a judgment of adoption to the petitioner in an adoption proceeding, to the petitioners attorney of record or to the Department of Human Services. (10) The provisions of this section do not apply to the disclosure of information under ORS 109.425 to 109.507. (11) Except as provided in subsection (5)(d) of this section, the court may impose and collect fees for copies and services provided under this section, including but not limited to filing, inspection and research fees. (12) Unless good cause is shown, when the court grants a motion to inspect, copy or otherwise disclose records, papers and files in the courts record of an adoption case, the court shall order a prohibition or limitation on redisclosure of the records, papers and files, or of information contained in the records, papers and files. (13) When inspection, copying or disclosure is allowed under this section, the court may require appropriate and reasonable verification of the identity of the requesting person to the satisfaction of the court. (14)(a) When an Indian childs tribe or the United States Secretary of the Interior requests access to the adoption records of an Indian child, the court must make the records available no later than 14 days following the date of the request. (b) The records made available under this subsection must, at a minimum, include the petition, all substantive orders entered in the adoption proceeding, the complete record of the placement finding and, if the placement departs from the placement preferences under ORS 419B.654, detailed documentation of the efforts to comply with the placement preferences. [Formerly 109.319]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.430. Policy and purpose. It is the policy of this state that adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parents and child between an adoptee and the adoptive parents. These legal and social premises underlying adoption must be maintained. The state recognizes that some persons who were adopted as children have a strong desire to obtain identifying information about their birth parents, putative father or genetic siblings while other such adoptees have no such desire. The state further recognizes that some birth parents have a strong desire to obtain identifying information about their biological children who were adopted, while other birth parents have no such desire. The state fully recognizes the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees and the adoptive parents. The purpose of ORS 109.425 to 109.507 and 432.250 is to: (1) Set up a voluntary adoption registry where birth parents, putative fathers, adoptees and genetic siblings of adoptees may register their willingness to the release of identifying information to each other; (2) Provide for the disclosure of identifying information to birth parents and their progeny through a person employed or approved by a licensed adoption agency or the Department of Human Services, if the relevant persons for such disclosure are registered; (3) Provide for the transmission of nonidentifying health and genetic and social histories of adoptees, birth parents, putative fathers, genetic siblings of adoptees and other specified persons; and (4) Provide for disclosure of specific identifying information to Indian tribes or governmental agencies when needed to establish the adoptees eligibility for tribal membership or for benefits or to a person responsible for settling an estate that refers to the adoptee. [1983 c.672 1; 1989 c.372 5; 1995 c.79 40; 1995 c.730 8; 1997 c.442 2; 2013 c.346 15; 2015 c.200 2] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.435. may examine the adoption records of a private adoption agency only if the private adoption agency allows the examination. The department, agency or third party individual or entity shall keep the records and information located in the records confidential. (2) If the department, agency or third party individual or entity is able to identify and locate the person being sought, the department, agency or third party individual or entity shall make a confidential inquiry of that person to determine whether the person wishes to make contact with the person requesting the search. If the reason the person is requesting the search is because there is a serious medical condition in the persons immediate family that is, or may be, an inheritable condition and the person being sought is biologically related to the ill person, the department, agency or third party individual or entity shall inform the person being sought of that fact. (3) If the department, agency or third party individual or entity is able to identify the county in which an adoption was finalized, in the discretion of the department, agency or third party individual or entity, the identity of the county may be disclosed to an adult adoptee, the parent or guardian of a minor adoptee, or to a birth parent. (4)(a) If the person being sought wishes to make contact with the person requesting the search, the department, agency or third party individual or entity shall: (A) Tell the person about the voluntary adoption registry under ORS 109.425 to
ORS Chapter 109 — Parent and Child Rights and

ORS 109.445. Information of registry confidential. (1) Notwithstanding any other provision of law, the information acquired by any voluntary adoption registry shall not be disclosed under any freedom of information legislation, rules or practice. (2) A class action suit shall not be maintained in any court of this state to require the registry to disclose identifying information. [1983 c.672 5] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.450. Child placement agency to maintain registry; Department of Human Services duties. (1) A voluntary adoption registry shall be established and maintained by each agency or its successor agency. An agency may delegate or contract with another agency to establish, maintain and operate the registry for the delegating agency. (2) The Department of Human Services shall establish, maintain and operate the registry for all adoptions not arranged through a licensed agency. The department may contract out the function of establishing, maintaining and operating the registry to another agency. The department may join a voluntary national or international registry and make its records available in the manner authorized by ORS 109.425 to 109.507. However, if the rules of disclosure of such a voluntary organization differ from those prescribed in ORS 109.425 to
ORS Chapter 109 — Parent and Child Rights and

ORS 109.455. Persons eligible to use registry. (1) Only a birth parent, adult adoptee, adult genetic sibling of an adoptee, parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, adoptive parent of a deceased adoptee and parents or adult siblings of a deceased birth parent may use the registry for obtaining identifying information about birth parents, putative fathers, adoptees and genetic siblings of adoptees. (2) A putative father may not use the registry to obtain identifying information but may register to authorize release of identifying information under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.460. Persons eligible to register; information authorized for release; expiration of registration on behalf of minor. (1) An adult adoptee, a birth parent, a putative father, an adult genetic sibling of an adoptee, a parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, an adoptive parent of a deceased adoptee and a parent or adult sibling of a deceased birth parent may register with a registry by submitting a signed affidavit to the appropriate registry. The affidavit shall contain the information listed in ORS 109.465 and a statement of the registrants willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release to the other relevant persons who register identifying information related to the registrant or, if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, identifying information related to the minor adoptee or sibling. Each registration shall be accompanied by the registrants, or if the registrant is registering on behalf of a minor adoptee or a minor genetic sibling, the minors, certified copy of the record of live birth. (2) At the discretion of the agency operating the registry, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee may register to have specific identifying and contact information disclosed by submitting a signed affidavit containing the information listed in ORS 109.465 and a statement of the registrants willingness to be identified to other relevant persons who register. (3) An adoptee, or the parent or guardian of a minor adoptee, may register to have specific identifying information disclosed to Indian tribes or to governmental agencies in order to establish the adoptees eligibility for tribal membership or for benefits or to a person settling an estate. The information shall be limited to a true copy of documents that prove the adoptees lineage. Information disclosed in accordance with this subsection shall not be disclosed to the adoptee or the parent or guardian of the minor adoptee by the registry or employee or agency operating a registry nor by the Indian tribe, governmental agency or person receiving the information. (4) Registration under this section by the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee expires when the minor reaches 18 years of age. The adoptee or sibling must reregister with a registry as an adult in accordance with this section for identifying information to be released to relevant persons who are registered. If the adoptee or sibling reregisters, the registration fee will be waived. (5) Except as otherwise provided in ORS 109.503, a registry or employee or the agency operating a registry shall not contact or in any other way solicit any adoptee or birth parent to register with the registry. [1983 c.672 8; 1989 c.372 6; 1993 c.410 10; 1997 c.442 4; 2013 c.366 57; 2015 c.200 4] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.465. Content of affidavit; notice of change in information. (1) The affidavit required under ORS 109.460 shall contain: (a) The current name and address of the registrant and, where the registrant is the parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee, the current name and address of the minor adoptee or sibling; (b) Any previous name by which the registrant and, where applicable, the minor, was known; (c) The original or adopted names of the adopted child; (d) The place and date of birth of the adopted child, if known; and (e) The name and address of the agency, if known. (2) The registrant shall notify the registry of any change in name or address that occurs after the registrant registers. Upon registering, the registry shall inform the registrant that the registrant has the responsibility to notify the registry of a change in address. The registry is not required to search for a registrant who fails to notify the registry of a change in address. (3) A registrant may cancel the registrants registration at any time by giving the registry written notice of the registrants desire to cancel. [1983 c.672 9; 2015 c.200 5] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.470. Continuing registration by birth parent or putative father; reregistration by minor as adult; fee. (1) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth parent registered with the registry before the adoptee was age 18, shall notify the registry in writing only if the birth parent does not desire to continue the registration. (2) When an adoptee reaches age 18, 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. 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
ORS Chapter 109 — Parent and Child Rights and

ORS 109.475. Processing affidavits; notification of match. (1) Upon receipt of the affidavit under ORS 109.460, the registry shall process each affidavit in an attempt to match the adoptee, the birth parent, the putative father, the genetic siblings, the progeny of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee, the adoptive parent of a deceased adoptee or the parents or adult sibling of a deceased birth parent. The processing shall include research from agency records, and if necessary from court records, to determine whether the registrants match. (2) If the registry determines there is a match and if the relevant persons have registered with the registry and received the counseling required by ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.480. (a) A birth parent of an adult adoptee; (b) An adult adoptee; (c) The parent or guardian of a minor adoptee or of a minor genetic sibling of an adoptee; (d) The adult genetic siblings of an adult adoptee; (e) At the discretion of the agency operating the registry, parents or adult siblings of the birth parent if the birth parent is deceased; (f) At the discretion of the agency operating the registry, the adoptive parent of a deceased adoptee; or (g) At the discretion of the agency operating the registry, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee for the purposes set forth in ORS 109.460 (2). (3) Notification of a match to the relevant parties shall be made through a direct and confidential contact. [1983 c.672 11; 1997 c.442 6; 2015 c.200 7] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.485. Registry information to be maintained permanently. Any affidavits filed and other information collected by a registry shall be permanently maintained. [1983 c.672 13] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.490. Limits on releasing information. A registry shall release only information necessary for identifying a birth parent, a putative father, an adult adoptee, an adult genetic sibling, the adult progeny, or the parent or guardian of minor progeny, of a deceased adoptee, a deceased genetic sibling of an adoptee or a deceased birth parent of an adoptee, or the county in which an adoption was finalized. A registry may not release information of any kind pertaining to: (1) The adoptive parents, except for an adoptive parent of a minor adoptee when the adoptive parent has registered in accordance with ORS 109.460; (2) The siblings of the adult adoptee who are children of the adoptive parents; and (3) The income of any person. [1983 c.672 14; 1997 c.442 7; 2015 c.200 9] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.495. Registrant fee. Costs of establishing and maintaining a registry may be met through reasonable fees charged to all persons who register. [1983 c.672 15; 1999 c.650 2] Note: See note under