OAR 419-420-0080: Services for Birth Parents Considering Domestic Adoption

(1) If an adoption agency is serving a birth parent who is considering the adoption of his or her child: (a) The adoption agency must provide the services described in these rules, OAR 419-420-0010 to 419-420-0160. (b) If the adoption agency is serving a birth parent who lives in a state other than Oregon, the adoption agency must make the services described in these rules (OAR 419-420-0010 to 419-420-0160) available to the birth parent in the state of residence of the birth parent. (2) Information. (a) The adoption agency must make reasonable efforts to provide information described in subsection (2)(c) of this rule to each legal parent. (b) The adoption agency must make reasonable efforts to provide information described in subsection (2)(c) of this rule to a putative father if: (A) The putative father resided with the child within 60 days of the court proceeding about the adoption or custody of the child; (B) The putative father repeatedly contributed or tried to contribute to the support of the child within 12 months of the court proceeding about the adoption or custody of the child; or (C) There is a notice of initiation of filiation proceedings on file with the Center for Health Statistics of the Department prior to the initiation of either a court proceeding about the adoption or custody of the child, or the placement of the child in the physical custody of a person for the purpose of adoption by them. There is no requirement to provide information under this paragraph if the notice of initiation of filiation proceedings was not on file at the time of placement. (c) The adoption agency must provide all of the following information to the persons identified in subsections (2)(a) and (2)(b) this section: (A) Information regarding support and resources needed to parent a child. (B) Information regarding options within adoption and the consequences of each option, including the possibility of a birth parent continuing contact with the adopted child and the adopting parents after adoption, the variables and options for such continuing contact, the desire of the child for continuing contact, and the availability of mediation to resolve issues involving contact. (C) Information regarding grief and loss inherent in adoption. (D) Information regarding the effects and permanence of adoption. (E) Information regarding availability of or referral to appropriate support services. The availability of these services may not be made contingent upon the birth parent's decision to select adoption as the plan for the child. (3) The adoption agency must provide guidance if a child's birth parents disagree with each other about the adoption plan. (4) Identification of birth fathers. If the adoption agency is working with a birth mother, the adoption agency must ensure all of the following: (a) The adoption agency asks the birth mother for the identity and whereabouts of the birth father. (b) The adoption agency does not counsel or advise a birth mother to state that the identity or location of the father is unknown. (c) If the birth mother indicates that the identity or location of the father is unknown, or if the birth mother refuses to identify the birth father, the adoption agency advises her of the potential ramifications of her knowing failure to provide the information. (d) The adoption agency must contact the Center for Health Statistics of the Department within a reasonable period of time prior to placement to determine whether the child's legal or putative father can be identified. (e) The adoption file of the adoption agency includes all reported information about the legal or putative father, even if his identity or location is unknown to the mother. (5) Disclosures prior to placement: (a) Potential disclosure of parental identity. The adoption agency must tell each birth parent who is contemplating making their child available for adoption that information related to their identities may subsequently be disclosed to the child in accordance with Oregon law. (b) Voluntary adoption registry. As required by ORS 109.353, the adoption agency must inform each birth parent of the voluntary adoption registry established under ORS 109.450. (c) Adoption–related counseling for birth parents. As required by ORS 109.346, the adoption agency must provide notice to each birth parent consenting to an adoption regarding his or her right to adoption-related counseling. (6) Consent and surrender. The adoption agency may accept the voluntary consent and surrender of a child after taking all of the following actions: (a) Providing to each birth parent full and accurate information, and the opportunity to discuss the consequences of the documents they are signing. (b) Discussing with each birth parent the circumstances leading to the decision to choose adoption. (c) Informing each birth parent of their right to their own legal counsel at their own expense. (d) Providing each birth parent with written information to assist them in understanding the changes that result from adoption in their parental legal rights, obligations, and responsibilities, including potential ramifications of post-placement establishment of paternity. (e) After the birth of the child, reassessing the birth mother's ability to understand the consequences of her decision to sign a consent and surrender document. This assessment must include consideration of her emotional state and current influence of medication. (f) In the case of an Indian child, informing the parents that if no different order of preference has been established by the child's tribe for adoptive placement, the adoption agency must, in the absence of the court's determination that good cause to the contrary exists, give preference to placing the child with a member of the child's extended family, other members of the Indian child's tribe, or other Indian families, pursuant to the ICWA. (g) Informing the birth parent that the adoption agency cannot honor a request of the birth parent to place the child with a family based solely on preferred race, color, or national origin. However, if the child is an Indian child, the licensed agency must follow the ICWA. (7) Documents. The adoption agency must provide a copy of all documents signed by the birth parents to the birth parents at the time they sign a consent and surrender document.