reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.830 - Physical examination may be ordered; responsibility for premiums.

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 (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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.835 - Waiver of personal service in subsequent contempt proceeding.

(1) When a court enters a judgment, order or modification of a judgment or order under ORS 25.501 to 25.556 or 163.760 to 163.777 or ORS chapter 25, 107, 108, 109 or 110, the court shall allow any party to the judgment or order to include in the judgment or order a waiver of personal service in a subsequent contempt proceeding in order to maintain the confidentiality of the party’s residential address. In the waiver, the party shall give a contact address for service of process and select one of the following methods of substituted service:
(a) Mailing address;
(b) Business address; or
(c) Specified agent.
(2) Any time after a party has waived personal service under subsection (1) of this section, the party may file an amended waiver designating a different method of substituted service or a different address for substituted service. The party shall give notice of the amendment to all other parties.
(3) The State Court Administrator shall prescribe the content and form of the waiver and amended waiver described in this section. [1993 c.448 §6; 1995 c.608 §35; 2003 c.576 §132; 2007 c.11 §8; 2013 c.687 §14; 2019 c.13 §27]
Note:
107.835 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 107 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.837 - Attorney fees; effect of authorization to party.

In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against any person who has appeared or intervened in the proceeding. [1997 c.90 §2; 2005 c.22 §83]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.840 - Confidentiality of Social Security numbers.

(1) The State Court Administrator shall establish a procedure applicable to every court in this state that ensures that the Social Security numbers of parties to a proceeding under ORS 107.085 or 107.485 are kept confidential and exempt from public inspection.
(2) The procedure established under this section must:
(a) Require that Social Security numbers be listed on a separate paper attached to an affidavit or a declaration under penalty of perjury in the form required by ORCP 1 E, executed by the person providing the Social Security number, certifying that the Social Security number is correct;
(b) Ensure that the Social Security numbers are provided to or made accessible to the entities primarily responsible for providing support enforcement services under ORS 25.080; and
(c) Comply with the requirements of 42 U.S.C. 666 relating to provision of Social Security numbers. [2003 c.380 §1; 2015 c.121 §9]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 107 - Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention › Section 107.843 - Supplemental judgments.

A judgment entered under this chapter may be altered or modified only by the entry of a supplemental judgment under ORS chapter 18. [2003 c.576 §101]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.010 - Removal of spouse’s civil disabilities; spouse’s civil rights same as other spouse’s.

(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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.015 - Domicile of married person or minor child.

(1) Each married person may establish and maintain a domicile in the State of Oregon as if that person were not married.
(2) The domicile of a minor shall follow the domicile of the parents of the minor unless the parents establish separate domiciles. If the parents establish separate domiciles, the minor’s domicile shall be that of the parent with whom the minor resides. However, if there has been a legal separation, annulment or dissolution, the minor’s domicile shall be that of the parent to whom custody of the minor has been legally given. [1975 c.434 §1; 1981 c.775 §8]
Note:
108.015 was enacted into law by the Legislative Assembly but was not added to and made a part of ORS chapter 108 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.020 - Nonliability for other spouse’s obligations.

Neither spouse in a marriage is liable for the debts or liabilities of the other spouse incurred before marriage. Except as provided in ORS 108.040, a spouse in a marriage is not liable for the separate debts of the other spouse, and the rent or income of property owned by either spouse is not liable for the separate debts of the other spouse. [Amended by 2015 c.629 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.030 - Liability of spouse for civil injuries committed by other spouse.

For all civil injuries committed by a spouse in a marriage, damages may be recovered from that spouse only, and the other spouse is not responsible for such civil injuries, except where the spouses would be jointly responsible with each other if the marriage did not exist. [Amended by 2015 c.629 §16]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.040 - Liability of parents for expenses of family and education of children.

(1)(a) The expenses of the family and the education of the minor children are chargeable upon the property of both spouses in a marriage who are parents of the minor children, or either of them, and in relation thereto they may be sued jointly or separately.
(b) As used in this subsection:
(A) "Expenses of the family" includes only expenses incurred for the benefit of a member of the family.
(B) "Family" means the spouses in a marriage and the minor children of the spouses.
(2) Notwithstanding subsection (1) of this section, after the separation of one spouse from the other spouse, a spouse is not responsible for debts contracted by the other spouse after the separation except for debts incurred for maintenance, support and education of the minor children of the spouses.
(3) For the purposes of subsection (2) of this section, spouses shall be considered separated if the spouses are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the spouses are separated in addition to such other factors as may be relevant:
(a) Whether the spouses subsequently reconciled.
(b) The number of separations and reconciliations of the spouses.
(c) The length of time the spouses lived apart.
(d) Whether the spouses intend to reconcile.
(e) Whether the spouses have filed a petition for separation or dissolution.
(4) An action under this section shall be commenced within the period otherwise provided by law. [Amended by 1965 c.530 §1; 1993 c.598 §1; 2005 c.732 §3; 2015 c.629 §17]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.045 - Liability of stepparent for expenses of family and education of children.

(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 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 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.050 - Nonliability of spouse’s property for other spouse’s obligations.

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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.060 - Noninterest of one spouse in property of other spouse.

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. [Amended by 2015 c.629 §20]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.080 - Civil remedies between spouses in respect of separate property.

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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.090 - Conveyances, transfers and liens between spouses; creation and dissolution of estates by entireties; validation of prior dissolutions.

(1) A conveyance, transfer or lien executed by either spouse in a marriage to or in favor of the other spouse is valid to the same extent as between other persons.
(2) When a spouse conveys to the other spouse an undivided one-half of any real property and retains a like undivided half, and in such conveyance there are used words indicating an intention to create an estate in entirety, the spouses hold the real property described in the conveyance by the entirety.
(3) A conveyance from a spouse to the other spouse of the spouse’s interest in an estate held by the spouses by entirety is valid and dissolves the estate by entirety. All deeds heretofore executed by either spouse to the other spouse for the purpose of dissolving the estate by entirety are valid. [Amended by 2015 c.629 §22]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.100 - Spouses as attorney in fact for each other.

A spouse in a marriage may designate the other spouse to be the spouse’s attorney in fact to control, sell and convey, mortgage, or bar dower or curtesy for the spouses’ mutual benefit, and may revoke the designation to the same extent and in the same manner as other persons. [Amended by 2015 c.629 §23]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.110 - Petition for support of spouse and children; rules.

(1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive parent of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person’s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.
(2) As used in this section, "child attending school" has the meaning given that term in ORS 107.108.
(3) 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 children of the marriage, including a proceeding brought under ORS 25.501 to 25.556, 107.085, 109.100, 125.025 or 419B.400 or ORS chapter 110; and
(b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving children of the marriage.
(4) 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 (3) of this section.
(5) The provisions of this section apply equally regardless of which spouse is making application for a support order.
(6) In any proceeding under this section, the obligee, as that person is defined in ORS 110.503, is a party to the proceeding. [Amended by 1963 c.497 §1; 1973 c.827 §12d; 1975 c.140 §1; 1975 c.458 §13; 1979 c.90 §1; 1981 c.669 §2; 1993 c.596 §18; 1995 c.343 §23; 1997 c.704 §54; 2001 c.334 §7; 2003 c.73 §53a; 2003 c.116 §7; 2005 c.560 §16; 2015 c.298 §92; 2015 c.629 §24; 2021 c.597 §61]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.120 - Support judgment or order.

(1) After the hearing of the petition for an order of support the court shall make an order granting or denying it and fixing, if allowed, the terms and amount of the support.
(2) The court has the same power to compel the attendance of witnesses or the production of testimony as in actions and suits, to make such judgment or orders as are equitable in view of the circumstances of both parties and to punish violations thereof as other contempts are punished.
(3) The judgment or order is final as to any installment or payment of money that has accrued up to the time the nonmoving party, other than the state, is served with a motion to set aside, alter or modify the judgment or order. The court may not set aside, alter or modify any portion of the judgment or order that provides for any payment of money, either for minor children or for the support of a party, that has accrued before the motion is served. However, the court may allow a credit against child support arrearages for periods of time, excluding reasonable parenting time unless otherwise provided by order or judgment, during which the obligor, with the knowledge and consent of the obligee or pursuant to court order, has physical custody of the child. [Amended by 1989 c.812 §6; 1997 c.707 §21; 2003 c.419 §2; 2003 c.576 §133a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.515 - Disposition of fees.

(1) All moneys received by the Secretary of State under ORS 108.510 shall be paid into the State Treasury to the credit of the General Fund.
(2) Any funds remaining in the Community Property Revocations Account are hereby transferred to the credit of the General Fund. [Amended by 1959 c.85 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.520 - Effect of Act repealing Community Property Law of 1947.

The provisions of ORS 108.530 to 108.550 do not impair or affect any right acquired prior to April 11, 1949, but the same may be enjoyed as fully and to the same extent as if ORS 108.520 to 108.550 had not been passed, under and according to the law in force at the time such right was acquired, except as provided in ORS 108.530 and 108.540.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.530 - Removal of community property status by agreement.

Community property acquired during marriage and between July 5, 1947, and April 11, 1949, may be converted into property held as tenants in common or by entirety or as the separate property of either spouse by an agreement in writing evidencing such intent, signed by both spouses in a marriage. If the agreement affects title to real property, the agreement shall describe the property affected by the agreement, shall be executed and acknowledged in the same manner as deeds and shall be recorded in the deed records of each county in which any such real property is located. [Amended by 2015 c.629 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.540 - Removal of community property status by death of either spouse.

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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.550 - Reliance on spouse’s right to deal with property in spouse’s name.

Notwithstanding any provisions of chapter 525, Oregon Laws 1947, or any provision of ORS 108.520 to 108.550, any third person may rely, and shall be fully protected in relying, upon the right of either spouse in a marriage to receive, manage, control, dispose of or otherwise deal with property standing in that spouse’s name in such manner as the spouse is entitled to by law. [Amended by 2015 c.629 §27]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.610

[Formerly 184.885; 1983 c.480 §1; 2001 c.900 §237; renumbered 409.290 in 2005]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.620

[Formerly 184.890; 1983 c.480 §2; 1993 c.546 §97; renumbered 409.292 in 2005]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.660

[1981 c.357 §9; 1983 c.480 §5; 1995 c.79 §36; renumbered 409.300 in 2005]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.662

[1995 c.555 §5; 2001 c.829 §3; 2005 c.700 §6; renumbered 409.304 in 2005]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.700 - Definitions for ORS 108.700 to 108.740.

As used in ORS 108.700 to 108.740:
(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 to 108.740 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.705 - Agreement to be in writing; consideration not required.

A premarital agreement must be in writing and signed by both parties. It is enforceable without consideration. [1987 c.715 §2]
Note:
See note under 108.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.710 - Subjects of agreement; child support not to be adversely affected.

(1) Parties to a premarital agreement may contract with respect to:
(a) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(b) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of or otherwise manage and control property;
(c) The disposition of property upon separation, marital dissolution, death or the occurrence or nonoccurrence of any other event;
(d) The modification or elimination of spousal support;
(e) The making of a will, trust or other arrangement to carry out the provisions of the agreement;
(f) The ownership rights in and disposition of the death benefit from a life insurance policy;
(g) The choice of law governing the construction of the agreement; and
(h) Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(2) The right of a child to support may not be adversely affected by a premarital agreement. [1987 c.715 §3]
Note:
See note under 108.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.720 - Modification of agreement; consideration not required.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [1987 c.715 §5]
Note:
See note under 108.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.725 - Party may prove agreement unenforceable; when court may require support; determination of unconscionability.

(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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.730 - Effect of void marriage.

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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.735 - Statute of limitations; defenses.

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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 108 - Spousal Relationships; Property Rights; Premarital Agreements › Section 108.740 - Short title; construction; severability.

(1) ORS 108.700 to 108.740 may be cited as the Uniform Premarital Agreement Act.
(2) ORS 108.700 to 108.740 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.
(3) If any provision of ORS 108.700 to 108.740 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of ORS 108.700 to 108.740 which can be given effect without the invalid provision or application, and to this end the provisions of ORS 108.700 to 108.740 are severable. [1987 c.715 §9]
Note:
See note under 108.700.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.001 - Breast-feeding in public place.

A woman may breast-feed her child in a public place. [1999 c.306 §1]
Note:
109.001 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.003 - Attorney fees; intervenor.

In any proceeding brought under this chapter, an authorization of attorney fees to a party also authorizes an award of attorney fees to or against any person who has appeared or intervened in the proceeding. [1997 c.90 §4; 2005 c.22 §84]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.012 - Liability of parents for expenses and education of children.

(1)(a) The expenses of a minor child and the education of the minor child are chargeable upon the property of either or both parents who have not married each other. The parents may be sued jointly or separately for the expenses and education of the minor child.
(b) This subsection applies to a person who is asserted to be a parent of the minor child only when:
(A) A voluntary acknowledgment of paternity form has been filed in this or another state and the period for rescinding or challenging the voluntary acknowledgment on grounds other than fraud, duress or material mistake of fact has expired; or
(B) Parentage has been established pursuant to an order or judgment entered under ORS 25.550 or 109.124 to 109.230.
(c) As used in this subsection, "expenses of a minor child" includes only expenses incurred for the benefit of a minor child.
(2) Notwithstanding subsection (1) of this section, a parent is not responsible for debts contracted by the other parent after the separation of one parent from the other parent, except for debts incurred for maintenance, support and education of the minor child of the parents.
(3) For the purposes of subsection (2) of this section, parents are considered separated if they are living in separate residences without intention of reconciliation at the time the debt is incurred. The court may consider the following factors in determining whether the parents are separated, in addition to other relevant factors:
(a) Whether the parents subsequently reconciled.
(b) The number of separations and reconciliations of the parents.
(c) The length of time the parents lived apart.
(d) Whether the parents intend to reconcile.
(4) An action under this section must be commenced within the period otherwise provided by law. [2005 c.732 §2; 2017 c.651 §15]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.015 - Proceedings for child support if child receives public assistance.

If public assistance, as defined in ORS 25.501, is provided for any dependent child, the administrator, as defined in ORS 25.010, may initiate proceedings under ORS chapter 18, 107, 108, 109, 110 or 125 or ORS 25.010 to 25.243, 25.378, 25.402, 25.501 to 25.556 or 419B.400 to obtain support for the child from one or both parents or from any other person legally responsible for the support of the child, including a guardian or conservator. In any proceeding under any statute cited in this section, the obligee is a party. [1983 c.767 §2; 1985 c.671 §44c; 1991 c.67 §22; 1993 c.33 §371; 1993 c.596 §19; 1993 c.798 §45; 1995 c.608 §36; 1997 c.249 §37; 2003 c.73 §54; 2003 c.572 §14; 2003 c.576 §577b; 2007 c.643 §2; 2021 c.597 §62]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.020 - When child’s 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 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1953 c.650 §1; 2003 c.576 §134]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.053

[1979 c.266 §1; 1981 c.614 §1; 1997 c.704 §55; 2003 c.576 §135; renumbered 108.045 in 2005]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 child’s 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 child’s other parent or another individual, and the servicemember-parent is married to an individual other than the child’s 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. [Formerly 126.030; 2005 c.79 §4; 2007 c.250 §1; 2012 c.106 §2; 2013 c.81 §22]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1957 c.411 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.065 - Establishing parentage.

(1) Parentage may be established between a person and a child by:
(a) The person having given birth to the child;
(b) An unrebutted presumption of parentage under ORS 109.070;
(c) An adjudication of the person’s maternity or paternity;
(d) Adoption of the child by the person;
(e) An effective acknowledgment of paternity by the man under ORS 109.070 or pursuant to the laws of another state, unless the acknowledgment has been rescinded or successfully challenged;
(f) Establishment of paternity by an administrative order issued pursuant to ORS 25.501 to 25.556;
(g) Filiation proceedings; or
(h) Parentage being established or declared by another provision of law.
(2) A person is the mother of a child to whom the person gives birth. [2017 c.651 §2; 2019 c.13 §28]
Note:
109.065 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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:
109.073 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.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1957 c.411 §§5,6; 1983 c.740 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1975 c.640 §6; 1983 c.709 §38; 2009 c.595 §67; 2013 c.366 §56; 2017 c.651 §19]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 109.096 objects to the relief sought, the court:
(a)(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 (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.
(b) Shall, if neither a filiation proceeding nor a proceeding to determine the putative father’s parentage under ORS 419B.609 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; 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 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]