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

ORS 109.020. When childs maintenance and education may be defrayed out of income of own property. 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 parents 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.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.030. Equality in rights and responsibilities of parents. The rights and responsibilities of the parents, in the absence of misconduct, are equal, and each parent is as fully entitled to the custody and control of the children and their earnings as the other parent. In case of the death of one parent, the other parent shall come into full and complete control of the children and their estate. [Amended by 2017 c.651 50]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.040. [Repealed by 1953 c.650 4]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.041. Relationship between adopted child and natural and adoptive parents. (1) The effect of a judgment of adoption heretofore or hereafter granted by a court of this state shall be that the relationship, rights and obligations between an adopted person and the descendants of the adopted person and (a) The adoptive parents of the adopted person, their descendants and kindred, and (b) The natural parents of the adopted person, their descendants and kindred shall be the same to all legal intents and purposes after the entry of such judgment as if the adopted person had been born in lawful wedlock to the adoptive parents and had not been born to the natural parents. (2) When a person has been or shall be adopted in this state by a stepparent, this section shall leave unchanged the relationship, rights and obligations between such adopted person and descendants of the adopted person and natural parent of the adopted person, who is the spouse of the person who adopted the person, and the descendants and kindred of such natural parent.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.050. Relation of adopted child to adoptive parents. An adopted child bears the same relation to adoptive parents and their kindred in every respect pertaining to the relation of parent and child as the adopted child would if the adopted child were the natural child of such parents.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.056. Delegation of certain powers by parent or guardian; delegation during period of military service. (1) Except as provided in subsection (2) or (3) of this section, a parent or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. (2) A parent or guardian of a minor child may delegate the powers designated in subsection (1) of this section to a school administrator for a period not exceeding 12 months. (3)(a) As used in this subsection, servicemember-parent means a parent or guardian: (A) Who is: (i) A member of the organized militia of this state; (ii) A member of the Reserves of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States; (iii) A member of the commissioned corps of the National Oceanic and Atmospheric Administration; or (iv) A member of the Public Health Service of the United States Department of Health and Human Services detailed by proper authority for duty with the Army or Navy of the United States; and (B) Who is required to enter and serve in the active military service of the United States under a call or order by the President of the United States or to serve on state active duty as defined in the Oregon Code of Military Justice. (b) A servicemember-parent of a minor child may delegate the powers designated in subsection (1) of this section for a period not exceeding the term of active duty service plus 30 days. (c) Except as provided in paragraph (d) of this subsection, if the minor child is living with the childs other parent, a delegation under paragraph (b) of this subsection must be to the parent with whom the minor child is living unless a court finds that the delegation would not be in the best interests of the minor child. (d) When the servicemember-parent has joint custody of the minor child with the childs other parent or another individual, and the servicemember-parent is married to an individual other than the childs other parent, the servicemember-parent may delegate the powers designated in subsection (1) of this section to the spouse of the servicemember-parent for a period not exceeding the term of active duty service plus 30 days, unless a court finds that the delegation would not be in the best interests of the minor child.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.060. Legal status and legal relationships when parents not married. The legal status and legal relationships and the rights and obligations between a person and the descendants of the person, and between a person and parents of the person, their descendants and kindred, are the same for all persons, whether or not the parents have been married.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.073. Social Security number of parent in paternity order. Except as otherwise provided in ORS 25.020, the final four digits of the Social Security number of a parent who is subject to a parentage determination pursuant to ORS 25.501 to 25.556 or 109.065 (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:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.090. Interpretation of ORS 109.060 to 109.090. (1) The provisions 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 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 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.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.092. Obligation to recognize responsibility for conception; mother surrendering child for adoption. (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)(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. (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. (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 (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 or to consent to the childs adoption. (4) Subsection (3) of this section does not apply if the child is an Indian child.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.094. Rights of parent when parentage established; procedure when parentage established. Upon the parentage of a child being established in the proceedings, a parent shall have the same rights as a parent who is or was married to the mother of the child. The clerk of the court shall certify the fact of parentage to the Center for Health Statistics of the Oregon Health Authority, and the Center for Health Statistics shall amend a record of live birth for the child and issue a new certified copy of the record of live birth for the child.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.098. Objection of putative father in proceeding referred to in ORS 109.096; effect of failure to appear and object. (1) If a putative father of a child by due appearance in a proceeding of which he is entitled to notice under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.100. Petition for support; effect of judgment; parties. (1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive father or mother of the child may be found, for an order upon the childs father or mother, or both, to provide for the childs support. The child or the administrator may apply for the order by filing in the county a petition setting forth the facts and circumstances relied upon for the order. If satisfied that a just cause exists, the court shall direct that the father or mother appear at a time set by the court to show cause why an order of support should not be entered in the matter. (2) The petitioner shall state in the petition, to the extent known: (a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor child, including a proceeding brought under ORS 25.287, 25.501 to 25.556, 107.085, 107.135, 107.431, 108.110,
ORS Chapter 109 — Parent and Child Rights and

ORS 109.103. (b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the minor child. (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) of this section. (4) The judgment of a court under subsection (1) of this section is final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the judgment, and the court may not set aside, alter or modify the judgment, or any portion thereof, that provides for any payment of money that has accrued prior to the filing of the motion. (5) The provisions of ORS 108.120 apply to proceedings under subsection (1) of this section. (6) In any proceeding under this section, both the childs physical and legal custodians are parties to the action.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.105. repealed by 2023 c.228 52]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.112. Mother, father or putative father deemed to have attained majority. The mother, father or putative father of a child shall be deemed to have attained majority and, regardless of age, may give authorizations, releases or waivers, or enter into agreements, in adoption, juvenile court, filiation or other proceedings concerning the care or custody of the child.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.116. Validity of putative fathers authorization, release or waiver. 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 childs birth.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.118. Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child. All decrees or orders heretofore entered in any court of this state concerning the custody, adoption or permanent commitment of a child are hereby declared valid upon the expiration of 30 days after July 3, 1975, notwithstanding that notice was not given to the putative father of the child.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.120. [Repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.123. [1979 c.776 3; repealed by 2001 c.873 2] FILIATION PROCEEDINGS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.124. Definitions for ORS 109.124 to 109.230. As used in ORS 109.124 to 109.230, unless the context requires otherwise: (1) Child attending school has the meaning given that term in ORS 107.108. (2) Child born out of wedlock means a child born to an unmarried person or to a married person by another person who is not the persons spouse. (3) Respondent may include, but is not limited to, one or more persons who may be the father of a child born out of wedlock, the spouse of a woman who has or may have a child born out of wedlock, the mother of a child born out of wedlock, the person pregnant with a child who may be born out of wedlock, or the duly appointed and acting guardian of the child or conservator of the childs estate.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.125. Who may initiate proceedings; petition; parties. (1) Any of the following may initiate proceedings under this section: (a) A mother of a child born out of wedlock or a woman pregnant with a child who may be born out of wedlock; (b) The duly appointed and acting guardian of the child, conservator of the childs estate or a guardian ad litem, if the guardian or conservator has the physical custody of the child or is providing support for the child; (c) The administrator, as defined in ORS 25.010; (d) A man claiming to be the father of a child born out of wedlock or of an unborn child who may be born out of wedlock; or (e) The minor child by a guardian ad litem. (2) Proceedings shall be initiated by the filing of a duly verified petition of the initiating party. The petition shall contain: (a) If the initiating party is one of those specified in subsection (1)(a), (b), (c) or (e) of this section: (A) The name of the mother of the child born out of wedlock or the person pregnant with a child who may be born out of wedlock; (B) The name of the mothers spouse if the child is alleged to be a child born to a married person and a man other than the mothers spouse; (C) Facts showing the petitioners status to initiate proceedings; (D) A statement that a respondent is the father; (E) The probable time or period of time during which conception took place; and (F) A statement of the specific relief sought. (b) If the initiating party is a man specified in subsection (1)(d) of this section: (A) The name of the mother of the child born out of wedlock or the person pregnant with a child who may be born out of wedlock; (B) The name of the mothers spouse if the child is alleged to be a child born to a married and a man other than the mothers spouse; (C) A statement that the initiating party is the father of the child and accepts the same responsibility for the support and education of the child and for all pregnancy-related expenses that he would have if the child were born to him in lawful wedlock; (D) The probable time or period of time during which conception took place; and (E) A statement of the specific relief sought. (3) When proceedings are initiated by the administrator, as defined in ORS 25.010, the state and the childs mother and putative father are parties. (4) When a proceeding is initiated under this section and the child support rights of one of the parties or of the child at issue have been assigned to the state, a true copy of the petition shall be served by mail or personal delivery on the Administrator of the Division of Child Support of the Department of Justice or on the branch office providing support services to the county in which the suit is filed. (5) A person whose parentage of a child has been established under ORS 109.065 is a necessary party to proceedings initiated under this section unless the parentage has been disestablished before the proceedings are initiated.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.130. [Amended by 1967 c.534 15; repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.135. Circuit court jurisdiction; equity action; place of commencement. (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.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.140. [Amended by 1959 c.638 10; repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.145. Court may proceed despite failure to appear; evidence required. If a respondent fails to answer or fails to appear at trial, the court shall have the power to proceed accordingly. In such case, the court may make a determination of parentage and may impose such obligations on the respondent as it deems reasonable. In all such cases corroborating evidence in addition to the testimony of the parent or expectant parent shall be required to establish parentage and the court may, in its discretion, order such investigation or the production of such evidence as it deems appropriate to establish a proper basis for relief. The testimony of the parent or expectant parent and the corroborating evidence may be presented by affidavit.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.160. [Repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.170. [Repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.175. Determination of legal custody after parentage established. (1) If parentage of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 25.501 to 25.556 or 109.124 to 109.230, or if parentage is established by the filing of a voluntary acknowledgment of paternity as provided by ORS 109.065 (1)(e), the parent with physical custody at the time of filing of the petition or the notice under ORS 25.511, or the parent with physical custody at the time of the filing of the voluntary acknowledgment of paternity, has sole legal custody until a court specifically orders otherwise. The first time the court determines who should have legal custody, neither parent shall have the burden of proving a change of circumstances. The court shall give primary consideration to the best interests and welfare of the child and shall consider all the standards set out in ORS 107.137. (2) In any proceeding under this section, the court may cause an investigation, examination or evaluation to be made under ORS 107.425 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 parents in creating and implementing parenting plans under ORS 107.425 (3).
ORS Chapter 109 — Parent and Child Rights and

ORS 109.180. [Repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.190. [Amended by 1961 c.338 3; repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.200. [Amended by 1961 c.338 4; repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.210. [Repealed by 1969 c.619 15]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.225. Notice to Center for Health Statistics after petition filed; filing notice. (1) After filing the petition, the petitioner shall cause the Center for Health Statistics of the Oregon Health Authority to be served by mail with a notice setting forth the court in which the petition was filed, the date of the filing therein, the case number, the full name and address of the child, the date and place of the childs birth, or if the child is not yet born, the date and place of the childs conception and the probable date of the childs birth, the full names and addresses of the childs alleged parents, and the names and addresses of the petitioner and of the respondents in the proceedings. (2) The Center for Health Statistics shall file immediately the notice, or a copy thereof, with the record of the birth of the child or in the same manner as its filing of records of birth if the center does not have a record of the birth. The center shall only provide the information contained in the notice to persons whose names appear in the notice or to persons or agencies showing a legitimate interest in the parent-child relationship including, but not limited to, parties to adoption, juvenile court or heirship proceedings.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.230. Legality of contract between mother and father of child born out of wedlock. Any contract between the mother and father of a child born out of wedlock is a legal contract, and the admission by the father of his fatherhood of the child is sufficient consideration to support the contract. [Amended by 1961 c.338 6]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.231. 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.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.237. Attorney fees. In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 to 109.230, the court may render judgment awarding to a party, or directly to the partys 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:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.239. Rights and obligations of children resulting from assisted reproduction; rights and obligations of donor of semen. (1) As used in ORS 109.239 to 109.247, assisted reproduction means a method of causing pregnancy other than sexual intercourse. Assisted reproduction includes, but is not limited to: (a) Artificial insemination as defined in ORS 677.355; (b) Donation of eggs; (c) Donation of embryos; (d) In vitro fertilization and transfer of embryos; or (e) Intracytoplasmic sperm injection. (2) If the donor of gametes used in assisted reproduction is not the mothers spouse: (a) The donor shall have no right, obligation or interest with respect to any child conceived as a result of the assisted reproduction; and (b) Any child conceived as a result of the assisted reproduction shall have no right, obligation or interest with respect to the donor. [1977 c.686 5; 2017 c.651 4] Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.243. Relationship of child resulting from assisted reproduction to mothers spouse. The relationship, rights and obligation between a child conceived as a result of assisted reproduction and the mothers spouse shall be the same to all legal intents and purposes as if the child had been naturally and legitimately conceived by the mother and the mothers spouse if the spouse consented to the performance of assisted reproduction. [1977 c.686 6; 2017 c.651 5] Note: See note under