ORS Chapter 109 — Parent and Child Rights and

ORS 109.385. Readoption proceeding; prima facie evidence; petition; required contents; service; exhibits; finding regarding inaccurate birthdate; fees. (1) As used in this section, readoption means to adopt a person, including but not limited to a minor child, who was previously adopted in a foreign nation, pursuant to the laws of the state. (2) An adoption in a foreign nation under the laws of that nation of a person who is at the time of the adoption a national of the nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation where the adoption occurred, unless the adoption violates fundamental principles of human rights or the public policy of the state or of the federal government. (3) A copy of a decree, order, judgment, certificate or other document of adoption by adoptive parents, at least one of whom is a citizen of the United States, issued by a court or pursuant to an administrative proceeding of competent jurisdiction in the foreign nation is prima facie evidence in any court or administrative proceeding in this state that the adoption was legal and valid. (4) Notwithstanding subsection (2) of this section, an adoptive parent who has adopted a person in a foreign nation may petition the court for readoption for the purpose of obtaining a judgment of adoption from the circuit court of the county in which the petitioner resides. (5) Except as otherwise provided in this section, ORS 109.285 does not apply to a petition for readoption under this section. (6) A petition for readoption 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 current marital or domestic partnership status of the petitioner; (c) If the readoption is of a minor child, information sufficient for the court to establish that the petitioner has complied with the jurisdictional requirements of ORS 109.276 (4); (d) The gender and full birth name, adopted name and any other alias of the person sought to be readopted; (e) A statement of the place and date of the persons birth in the foreign nation; (f) A statement that the foreign adoption is legal and valid under the laws of the nation in which the adoption occurred and the date of the adoption; (g) A statement that the persons entry into the United States has complied with applicable federal immigration laws; (h) If the readoption is of a minor child, a statement that a home study was completed and approved prior to the foreign nation adoption of the minor child; (i) If the readoption is of a minor child, whether a continuing contact agreement exists under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred, including the names of the parties to the agreement and the date of execution; (j) A statement of the desired new adoptive name for the person to be readopted; (k) If applicable, a statement that the birthdate listed on the persons foreign nation birth documents is believed to be inaccurate and a description of the evidence that supports the petitioners belief; (L) A statement requesting the clerk of the court, upon payment of any required fees, to issue to the petitioner a certificate of adoption under ORS 109.410 and a certified copy of the general judgment of adoption; and (m)(A) A declaration under penalty of perjury and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) the petitioner made 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 the petitioner 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 (2); or (ii) A statement that the petitioner is moving the court under ORS 419B.654 (3) for a finding that good cause exists for placement contrary to the placement preferences and a statement describing the details supporting the petitioners assertion that good cause exists for the alternative placement, as described in ORS 419B.654 (4). (7)(a) Within 30 days after being filed with the court, the petitioner shall serve copies of the petition and the documents filed as exhibits under subsection (9) of this section and, if applicable, a copy of the declaration of compliance described in paragraph (b) of this subsection, on the Director of Human Services by either registered or certified mail with return receipt or personal service. (b) 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 (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 childs parents; (iii) The childs 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 childs 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. (8) A petition filed under this section must, if applicable, request the following: (a) Entry of a general judgment of adoption; (b) That the petitioner be permitted to readopt the person 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 person sought to be readopted; (d) Approval of a change to the name of the person to be readopted; (e) If applicable, a finding that a continuing contact agreement entered into under ORS 109.268, or a similar law applicable to the nation where the foreign nation adoption occurred, is in the best interests of the minor child and that the court incorporate the continuing contact agreement by reference into the adoption judgment; (f) If applicable, a finding that the evidence of the persons birthdate listed on the foreign nation adoption documents is inaccurate and that the evidence presented by the petitioner supports a change to the birthdate of the person to be readopted; (g) That the court require preparation of and certify a report of adoption as provided in ORS 432.223; (h) If the readoption is of a minor child, that all records, papers and files in the record of the readoption case be sealed as provided under ORS 109.289; (i) A finding that the child is or is not an Indian child; (j) A finding that the petitioner complied with the inquiry requirements under ORS 419B.636 (2); (k) If the child is an Indian child: (A) The determinations required under ORS 419B.621 regarding the Indian childs residence, domicile and wardship status; (B) A finding that the petitioner complied with the notice requirements under ORS 419B.639 (2); and (C) A finding that the adoptive placement complies with the placement preferences under ORS 419B.654 (2) or, upon the petitioners motion under ORS 419B.654 (3), that good cause exists for placement contrary to the placement preferences in ORS 419B.654 (2); and (L) Any other relief requested by the petitioner. (9) A petition filed under this section must, if applicable, have the following attached as exhibits: (a) True copies of the foreign nation birth certificate of the person to be readopted, accompanied by an English translation, if necessary; (b) True copies of the foreign nation adoption decree, order, judgment, certificate or similar document accompanied by an English translation, if necessary; (c) True copies of the foreign nation passport and proof of legal residency in the United States for the person sought to be readopted; (d) If applicable, a true copy of any continuing contact agreement entered into under ORS 109.268 or a similar law applicable to the nation where the foreign nation adoption occurred; (e) If applicable, the written disclosure statement required under ORS 109.281; and (f) Any other supporting documentation necessary to comply with the petition requirements in this section. (10)(a) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for readoption of a minor child. The statement must summarize information in the readoption proceeding and include additional information and attached exhibits as required under this subsection. The statement must contain, at a minimum, the following information if known or readily ascertainable by the petitioner: (A) The full name, permanent address and telephone number of each petitioner; (B) The current full name, the proposed adoptive name and the date and place of birth of the minor child; (C) The information required by the Uniform Child Custody Jurisdiction and Enforcement Act under ORS 109.701 to 109.834; and (D) The name, bar number and contact information for any attorney representing a petitioner. (b) An Adoption Summary and Segregated Information Statement must attach as an exhibit: (A) A home study that has been approved under ORS 109.276; and (B) A report of adoption on a form prescribed and furnished by the State Registrar of the Center for Health Statistics as required under ORS 432.223. (c) The petitioner has a continuing duty to inform the court of any change to the information required by this subsection or when information that was not previously known or ascertainable becomes known or ascertainable. (d) The Adoption Summary and Segregated Information Statement and the exhibits submitted under this subsection are confidential and may not be inspected or copied except as otherwise provided under ORS 109.266 to 109.410 or 109.425 to