(1) Subject to subsection (2) of this section, any person may petition the circuit court for leave to adopt a person who is 18 years of age or older or who is legally married. The petition shall be accompanied by the written consent of each petitioner and the written consent of the person to be adopted. The written consents shall be filed with the petition.
(2) In addition to the written consents required under subsection (1) of this section, an adoption of a person who is 18 years of age or older or who is legally married is governed by the following:
(a) One petitioner or the person to be adopted must have resided in this state continuously for a period of six months prior to the filing of the petition; and
(b) The petition must be filed in the county in which one petitioner or the person to be adopted resides.
(3) The court may grant the petition if the court finds, from the allegations set forth in the petition and an attached affidavit, that each petitioner:
(a) Understands the significance and ramifications of the adoption; and
(b) Is not acting under duress, coercion or undue influence.
(4) In a proceeding under this section, the court may:
(a) Appoint counsel for each petitioner or for the person to be adopted or both or appoint a visitor, as provided in ORS 125.150. If the court appoints counsel or a visitor or both under this paragraph, the court shall apportion the costs among each petitioner and the person being adopted.
(b) Hold a hearing.
(c) On the courtís own motion, take testimony from or hold a conference with each petitioner and the person to be adopted. The court may hold a conference with one party and exclude the other party from the conference. In such a case, the court shall allow the attorney for the excluded party to attend the conference.
(d) Require that notice of the proceeding be provided by each petitioner to any or all of the following:
(A) The spouse of each petitioner.
(B) A person cohabiting with a petitioner who is interested in the affairs and welfare of the petitioner.
(C) The adult children of each petitioner.
(5) If, upon a petition for adoption presented and consented to in writing by each petitioner and the person to be adopted, the court is satisfied as to the identity and relations of each petitioner and the person to be adopted, that each petitioner understands the significance and ramifications of the adoption, that each petitioner is not acting under duress, coercion or undue influence and that it is fit and proper that the adoption be effected, a judgment shall be made setting forth the facts and ordering that from the date of the judgment, the person to be adopted, for all legal intents and purposes, is the child of the petitioner or petitioners.
(6) The provisions of ORS 109.308, 109.309, 109.342 and 109.353 do not apply to an adoption under this section. [1957 c.710 §10 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.827 §13; 2003 c.579 §2]Section: Previous 109.316 109.318 109.320 109.322 109.324 109.326 109.328 109.329 109.330 109.332 109.335 109.340 109.342 109.345 109.346 Next
Last modified: August 7, 2008